The Solution to the Problem of a Federal Government Run Amok

The solution to the problem of a federal government run amok is provided for us in the Preamble of the Bill of Rights. The Bill of Rights was demanded by the States to keep the federal government, created by the acts of each sovereign state as they ratified the Constitution, in check, to prevent it from assuming unfettered powers. In the words of Jefferson, "...to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go....In questions of powers, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."

The first two paragraphs of the Preamble of the Bill of Rights provide a template by which A) the federal government may obtain additional authority, or B) such authority may be restrained, but to do so in such a way as to "...bind [it] down from mischief by the chains of the Constitution":

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution...

This bit of parliamentary procedure has been left out of most studies of American government, but they are critical to our understanding of the relationship that is supposed to exist between the states and the federal government.

First, a need for additional authority, or the need to restrain authority, is recognized ("THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added..."). While the needs addressed in the Preamble were identified by the states, they could just as easily identified by Congress.

In response to the identified need, legislation appropriate to address it is formulated, debated, and vote upon by the Congress. Since it applies directly to resulting federal authority, a two-thirds majority in both houses is required for passage ("...in Congress assembled, two thirds of both Houses concurring...").

Once the legislation has been formulated, debated, and passed by congress, it is then sent to the States for their ratification ("...the following Articles be proposed to the Legislatures of the several States..."). Note that the States have the right to approve or reject any or all of the provisions contained in the proposed legislation ("...all or any of which Articles..."). Since the proposed legislation would have the effect of expanding or restraining federal authority, a three-quarters supermajority of state legislatures must approve the legislation for it to be passed ("...when ratified by three fourths of the said Legislatures...")!!!

This is the template that was utilized to create and empower the federal government in the first place, and this is the template that must once again be employed if we are to bring our federal government back into accountability to the states, and more importantly, the citizens.