States across the country are discovering the 10th Amendment to the Constitution:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Quaint, I know, but to the federal government were delegated only limited and enumerated powers (Article I, Section 8). Most everything it does these days is extraconstitutional.
Forced to take fiat currency from the federales, the states also realize that the price is too high to pay: not only must they heed the occupying force, they must bankrupt themselves in the process. For accepting these piles of paper implies expanding services and keeping them going in perpetuity.
So, governors and state representatives are invoking that which ought to have been the law of the land: the ingenious 10th Amendment.
But what happens if you are neoconservative, or have such proclivities, and think that the manner in which Lincoln sundered the federal structure was not only constitutional but moral?
Why, then, you’re in a bit of a pickle. To his credit, Harvard grad Ben Shapiro is a very bright neoconservative, who’s well aware of the contradiction inherent in a sudden support for the states in their rightful reclamation of sovereignty.
See what you think of the tack Shapiro takes:
The federal response to the slavery question was quick and right – President Abraham Lincoln’s Civil War restored for all time the founding promises of the Declaration of Independence. Despite the Civil War, however, the legacy of Jim Crow further eroded the moral authority of states’ rights. And the federal government, wielding the ethical imperative of racial equality, stepped in. States’ rights advocates were forever branded as bigoted Orval Faubus types, standing in the doorways of segregated schoolhouses.
Now states are surprised to find that their ability to resist federal directives has been all but extinguished. They are surprised that they are no longer able to set their own standards regarding social, economic or criminal policy. They are surprised that through a combination of moral blindness and drooling greed, they surrendered their role in the constitutional system.
Surrendered? Not quite.
It would seem that young Ben is equally surprised at the quest for the “reinstitution of local government” (a phrase that diminishes the idea of state sovereignty).