Back to Constitutional Basics
BACK TO CONSTITUTIONAL BASICS
We believe that the Constitutional principles of enumerated federal powers, federalism, property rights and individual liberty have eroded to the point that a strong reaffirmation of these principles is necessary. We believe that the activities and regulatory powers of the federal government should be both limited to and consistent with the enumerated powers outlined for it in the U.S. Constitution.
We believe that the doctrine of “judicial deference” has unacceptably eroded the boundaries that should exist between federal and state powers. We further believe that federal laws and associated administrative regulations have unacceptably trampled the Constitutional principles of personal liberty and property rights.
The fallout from legislation and subsequent court rulings dealing with endangered species, clean air and clean water is example enough of individual, property and state’s rights being eroded. The Supreme Court’s Kelo decision defining “public use” to allow land to be taken by eminent domain from one person to benefit another person in the name of economic development is another glaring example of how far we have strayed from our founding principles.
In order to restore some balance of power between the federal government and the states, better protect individual liberty and property rights from federal nullification and task the courts to police these boundaries, we in concert with like-minded groups, should support the following proposed Constitutional Amendment developed by Randy E. Barnett, Professor of Constitutional Law at Georgetown University. The amendment is reprinted from “The Case for a Federalism Amendment” THE WALL STREET JOURNAL, April 23, 2009 (Barnett proposed repeal of the income tax within this amendment. That portion has been removed since Farm Bureau does not currently support repeal.):
Federalism Amendment
Section 1: Congress shall have power to regulate or prohibit any activity between one state and another, or with foreign nations, provided that no regulation or prohibition shall infringe any enumerated or unenumerated right, privilege or immunity recognized by this Constitution.
Reason: This section of the Federalism Amendment expands the power of Congress to include any interstate activity not contained in the original meaning of the Commerce Clause. Interstate pollution, for example, is not "commerce . . .among the several states," but is exactly the type of interstate problem that the Framers sought to specify in their list of delegated powers. This section also makes explicit that judicial deference that erodes individual and states’ rights is unnecessary if modern issues between the states can be constitutionally adjudicated.
Section 2: Nothing in this article, or the eigth section of article I, shall be construed to authorize Congress to regulate or prohibit any activity that takes place wholly within a single state, regardless of its effect outside the state or whether it employs instrumentalities there from; but Congress may define and punish offenses constituting acts of war or violent insurrection against the United States.
Reason: This section of the Federalism Amendment then allows state policy experimentation by prohibiting Congress from regulating any activity that takes place wholly within a state. States, of course, retain their police power to regulate or prohibit such activity subject to the constraints imposed on them, for example, by Article l or the 14th Amendment. And a state is free to enter into compacts with other states to coordinate regulation and enforcement, subject to approval by Congress as required by Article I.
Section 3: The power of Congress to appropriate any funds shall be limited to carrying into execution the powers enumerated by this Constitution and vested in the government of the United States, or in any department or officer thereof; or to satisfy any current obligation of the United States to any person living at the time of the ratification of this article.
Reason: This section of the Federalism Amendment adopts James Madison's reading of the taxing and borrowing powers of Article 1 to limit federal spending to that which is incident to an enumerated power. It explicitly allows Congress to honor its outstanding financial commitments to living persons, such as its promise to make Social Security payments.
Section 4: The judicial power of the United States to enforce this article includes but is not limited to the power to nullify any prohibition or unreasonable regulation of a rightful exercise of liberty. The words of this article, and any other provision of this Constitution, shall be interpreted according to their public meaning at the time of their enactment.
Reason: This section of the Federalism Amendment authorizes judges to keep Congress within its limits by examining laws that restrict the rightful exercise of liberty to ensure that they are a necessary and proper means to implement an enumerated power. This section also requires that the Constitution be interpreted according to its original meaning at the time of its enactment. By expanding the powers of Congress to include regulating all interstate activity, the Amendment greatly relieves the political pressure on courts to adopt strained interpretations of Congress’s enumerated powers.
These two pages were adopted as policy on November 13, 2009 by Arizona Farm Bureau at its annual convention of 110 delegates representing every county in the State of Arizona.
