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Goldwater Institute Policy Report
June 1, 2011

Federalism DIY: 10 Ways for States to Check and Balance Washington

The federal government is tightening its control over the 50 states and the lives of every American. The U.S. Constitution, however, says states are supposed to be equal partners with the federal government. State sovereignty—allowing each state to control its own affairs—is the cornerstone of that equal partnership and critical to protecting Americans’ freedom. Below are 10 ways local policymakers and citizens can restore that balance of power and do what’s best for the people of your state.

	Legislation Plus Litigation States can enact laws that protect individual liberty and take the federal government to court to defend those laws.
	Taxpayer Courts Taxpayers can’t sue the federal government for abuse of their tax dollars, but states can authorize taxpayers to bring lawsuits in state court to stop state and federal governments from using tax dollars in ways that violate the Constitution.
	Expand Civil Rights Laws Because state sovereignty is a protection the U.S. Constitution guarantees to all Americans, states can enact civil rights laws to protect that right and enable individuals to sue state and federal governments when they disregard state sovereignty.
	Constitutional Defense Councils States can create independent Constitutional Defense Councils that have the authority and funding to defend state sovereignty in court.
	Coordination Many federal agencies are governed by laws that contain “coordination” provisions. State and local governments can limit the impact of new federal regulations by requiring federal agencies to coordinate with existing local laws, regulations, plans, and policies.
	Reinvigorate the Reserved Powers of the States The U.S. Constitution belongs to the states. States can pass laws that invoke their reserved powers and force the federal government into a position where it has no lawful or practical way to enforce federal laws that upset the balance of power between the states and Washington.
	Empower the People Sometimes we don’t need new laws in order to protect individual rights. Sometimes we need to repeal laws that are already on the books. Many state laws actually invite the federal government to get involved in the minutia of local affairs. One way to stop that is to replace those laws with opportunities for citizens to protect their own rights.
	Refuse Conditional Grants States can limit or eliminate the power of state and local officials to accept federal grants that require the state or local government to give more control over local decision-making to Washington.
	Amend the U.S. Constitution to Limit the Federal Government State legislatures were given the same power as Congress to propose amendments to the U.S. Constitution. States can initiate the process by proposing amendments to the U.S. Constitution that would limit the size, scope, and intrusiveness of the federal government.
	Interstate Compacts Interstate compacts are contracts between two or more states. Compacts can be used to protect individual rights and state sovereignty, and they don’t always need congressional approval. Interstate compacts could be used to prevent the federal government from enforcing key provisions of the federal health care bill, or from infringing on Second Amendment rights, for example.