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In the spirit of Thanksgiving By Senator Richard T. Moore Nearly 400 years ago, a group of colonists who fled their country to gain certain liberties sat down and gave thanks for all they had. Joined by their new neighbors, Native Americans now known as the Wampanoag, the Pilgrims of Plymouth Plantation embarked on a three day celebration of plenty, later to become known as Thanksgiving. As Thanksgiving concludes, and an abundance of football and the early flood of Christmas advertising often distracts us from the true purposes of the holidays, let us not forget those things for which the early settlers were thankful. Wild turkey, venison, clams, fish, berries, nuts, beans and squash were all offered as a token of gratefulness for the new liberties the settlers enjoyed. These liberties are now sacred and inalienable rights for all Americans, ensconced in the Constitution and laws of the nation that found its roots in the efforts of those first colonists. Likewise, even in this time of economic distress, the states of the United States have much to be thankful for. Of course, the bounty enjoyed by the nation’s state and local governments does not exactly amount to a four course meal. However, the “harvest” that states have enjoyed over the years ensures states many of the same liberties sought by the early settlers and allows states to provide necessary services to their citizens. For example, state governments are thankful for the 10th Amendment to the Constitution. The last amendment included in the U.S. Bill of Rights clearly delegates a great deal of authority over public policy to state governments: “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.” As the federal government has grown in size and scope, issues involving federal preemption of state policy, as well as federal mandating of costs on state and local governments, continue to arise. However, over the past twenty years the U.S. Supreme Court has often sided with state and local government based on precedent established under the 10th Amendment. Cases such as Printz v. United States (1997) and New York v. United States (1992) have restored the spirit of the 10th Amendment and returned power back to state legislatures where it belongs. However, governors, attorney generals and legislatures need to be more vigilant in protecting the rights granted in the 10th Amendment and in challenging actions where the federal government oversteps its authority. States are also appreciative of the passage of the Unfunded Mandate Relief Act. Passed in 1995, UMRA was designed as a tool to ease the level of federal preemption on state fiscal policy. The law requires Congress to consider the cost of implementing federal programs by state and local governments. According to the Congressional Budget Office, UMRA has dramatically reduced the number of proposed measures that would impose unfunded mandates on state and local government as defined under law. However, the law needs to be strengthened further. Since the passage of UMRA, Congress and the Administration have still passed too many laws that—however well intended—add expensive burdens to state and local governments. Laws such as “No Child Left Behind,” “Real ID,” and the “Clean Water Act” need to be reviewed through a sharper lens that could be provided by a stronger unfunded federal mandate law that also looks at underfunded mandates. As Congress considers a substantial bill to reform health care in America, we would urge that time be taken to carefully review the thousands of pages of proposed legislation to ensure that it does not include costly burdens on state or local government even though it’s for a “good cause.” As every state currently searches for relief from the continuing effects of the Great Recession of 2008, it may well be time to ask—even demand—that Congress renew and revitalize UMRA and expand its scope. UMRA should be expanded to include mandated review of federal regulations that add millions—perhaps billions—of dollars of costs that burden state and local treasuries. A renewed respect for the 10th Amendment—for the rights reserved to the states and the people—through passage of stronger provisions to protect state and local governments from federal attempts to pre-empt state authority and mandate new costs and duties on state and local governments, would give us all reason to enthusiastically celebrate next year at Thanksgiving! Senator Richard T. Moore, D-Uxbridge, is President-Elect of the National Conference of State Legislatures (NCSL). NCSL is the nation’s preeminent organization which advocates for state interests in Washington and provides training and research for America’s 7,238 state legislators and legislative staff. |
