Federalism
Key Points
- Article V of the U.S. Constitution provides for the states to call an Amendments Convention when the federal government exceeds its constitutional authority. Amendments to limit the government’s power, including a Balanced Budget Amendment to the U.S. Constitution, would help to check federal overreach.
- More than 50 percent of territory from Colorado westward is managed by the federal government despite evidence that the states would serve as superior environmental and economic stewards of the land. Western states that petition for control of select federal lands within their borders should receive it as control over the land inside its boundaries is state sovereignty at its most basic. National parks and monuments, military installations, Congressionally-designated wilderness areas and tribal lands would be excluded from transfers.
- Unfunded federal mandates are inconsistent with federalism, which was based on cooperation, not compulsion and the regulations that often accompany unfunded mandates impose obligations on state governments resulting in unsustainable costs and inefficiencies.
Genuine accountability to hardworking taxpayers results when state and local legislators work with members of the community to determine a plan of action that is right for each individual state, city or town. Real solutions to America’s challenges can be found in the states – America’s fifty laboratories of democracy – not in one-size fits all federal government policies that disregard regional differences and local community needs. The Tenth Amendment to the U.S. Constitution encapsulates these ideas and serves as the Constitutional linchpin for federalism, one of ALEC’s three guiding principles.
“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.”
America has drifted away from our Founding Fathers’ vision and has concentrated more power with national government structures. The amassing of power with the federal government has led to overregulation and redundant bureaucracy hindering economic growth and free markets; a ballooning national debt that threatens U.S. security and federal mismanagement of this nation’s most precious resource – the lands within America’s borders. The solution to restoring the balance between the federal and state and local governments is to return control over matters that more appropriately and constitutionally rest with the states and municipalities back to them. There are some obvious examples of federal overreach where reform is needed.
Model Policies
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Resolution Demanding that Congress Convey Title of Federal Public Lands to the States Final
Resolution Demanding that Congress Convey Title of Federal Public Lands to the States Summary This resolution urges the US federal government to extinguish title and government jurisdiction over public lands that are held in trust by the US federal government and convey title and jurisdiction to willing states in …
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Article V Convention of States Commissioner Oath, Instructions and Recall Final
Summary: This model policy serves to limit and fully describe the authority of commissioners selected by a state legislative body to represent the state at an amendments convention pursuant to Article V of the United States Constitution. Model Policy “Article V convention” means a “Convention for proposing Amendments” as expressly …
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Draft Resolution to Restore the Division of Governmental Responsibilities between the National Government and the States Draft
STATE OF [INSERT STATE] Be it resolved by the Legislature of the state of [INSERT STATE]: WHEREAS, the genius of the United States of America lies in the liberty of our people to govern ourselves at the most local level, to solve our unique problems, to foster prosperity through our …
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Draft Resolution Recommending Constitutional Amendment Restoring Election of U.S. Senators to the Legislatures of the Sovereign States Final
Model Policy Whereas Article I, Section 3, Paragraph 1 of the Constitution provided for the Senators to be chosen by the Legislature of each State, and was effective for 124 years; Whereas the 17th Amendment adopted in 1914 changed this method of choosing Senators to direct election by the people …
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Draft Resolution Calling on Congress to Pass the Regulations from the Executive in Need of Scrutiny (REINS) Act Final
Model Policy WHEREAS, the federal government has expanded beyond all bounds established by the U.S. Constitution; and WHEREAS, Congress has frequently delegated its constitutional responsibilities while failing to conduct appropriate oversight and retain accountability for the laws it passes; and WHEREAS, Congress has created an administrative state that promulgates regulations …
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Omnibus Concurrent Resolution Final
____ Congress __ Session __.Con.Res.___ Be it resolved by the _________ of the United States of America (the ____ Concurring) in Congress Assembled, Section 1. Omnibus Concurrent Resolution to Effectuate the Compact for America (a) DECLARATION—The Congress determines and declares that this omnibus concurrent resolution calls the Convention contemplated …
Press Releases
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State Legislator Leaders, Members of Congress and Policy Experts To Meet in Nation’s Capital To Discuss an Article V Amendments Convention
State legislators are on Capitol Hill today hosting a panel discussion with Members of Congress and policy experts to explore what an Article V Amendments Convention would look like if states meet the threshold for calling a convention.
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ALEC Urges President and Federal Government to Consult with States on Energy Resources and Public Lands
FOR IMMEDIATE RELEASE Contact: Kaitlyn Buss Phone: 202-742-8526 Email: [email protected] ALEC Urges President and Federal Government to Consult with States on Energy Resources and Public Lands …