Opinion Tuesday, October 14, 2000
Not said in the
election
ON THE RIGHT: Election
fatigue? "We the People" have lost control of the reins of government
GARY
PREBLE
OLYMPIA -- Having reached election fatigue
several months ago, I find it difficult to say anything that hasn't already
been said in a general sense.
George Bush has been calling
for less government and lower taxes. He appears to be serious about it, and
it is certainly consistent with the direction of the Republican-controlled
Congress.
It's making an impact on the
left wing as well. Just last week Al Gore announced that he had a new plan
to make government smaller. Even the big-government types have to at least
make a show of reducing government.
Tax reduction is certainly a
good start. If the beast hasn't as much to eat, it won't get as fat. And
there is unmistakable evidence that the populace is no longer willing to
let the liberals and statists fund their lust for more government programs.
Most people feel the pinch in their own pocketbooks. Some even recognize
that the real motivation behind liberalism is having power over people.
But the problem is more fundamental
-- "We the People" have lost control of the reins of government. And that
loss of control has ushered in the last 70 years of government expansion.
Though that period has been virtually controlled by the Democrats, many Republicans
also got to liking the perks of more government.
So how did "We the People" lose
control? It began in 1913 when two amendments to the U.S. Constitution --
the 16th and 17th -- radically changed the relationship of the states to
the federal government.
The 16th Amendment allowed a
tax on the income of individual citizens.
Previously, the Constitution
required that the federal government fund itself by taxing the states, but
individuals could not be taxed.
The 17th Amendment allowed U.S.
senators to be elected by direct vote of the people. Previously, senators
had been elected by the state legislatures, and the people voted directly
only for their U.S. representative.
While each of these amendments
had some egalitarian appeal, the net result was that the states no longer
exerted any real protection of their citizens against the feds. In the first
place, the federal government could feed itself by going directly to the
people.
Secondly, there was no deliberative
group looking over the shoulders of the senators.
In short, the state's protective
function in the constitutional balance of powers had been taken away. The
state as an entity (as different from the state as a group of individual
citizens) was no longer represented in Congress. Nor any longer could it
exert control over how Congress collected money. A moment's reflection would
show that without the protection of the state, the people are less able individually
to direct the course of the federal government.
The modern Democratic Party will
of course never subjugate its lust for more government, though it may attempt
to appear docile around election time. The Republicans, if they ever take
a deep breath of the pure air of liberty, could possibly recognize the dangers
that have followed the political emasculation of the states.
But so long as the 16th and 17th
amendments stand, there is only limited protection for the citizenry from
whatever the federal government wants to force upon us.
Gary Preble,
an attorney in private practice in Olympia, can be reached at preble@olywa.net
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