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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Article V Application for a Federal Fiscal Responsibility Amendments Convention to Curb Runaway Inflation and Restore Fiscal Sanity Draft
TO MAKE APPLICATION FOR AN INFLATION-FIGHTING, FEDERAL FISCAL RESPONSIBILITY AMENDMENTS (FRA) CONVENTION. TO NOTIFY CONGRESS THAT PURSUANT TO ARTICLE V OF THE U.S. CONSTITUTION, IT WAS MANDATED TO CALL A CONVENTION TO PROPOSE AMENDMENTS IN 1979, BASED ON THE CONGRESSIONAL RECORDS OF 39 STATE APPLICATIONS. TO AUTHORIZE THE STATES’ ATTORNEYS…
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Executive Review Process Amendments Final
Be it enacted by the State Legislature: Section 1. (1) The [Constitutional Defense Council, the State Attorney General, the Governor or other relevant entity] shall review certain executive orders by the President of the United States that are not affirmed by a vote of the United States Congress and signed…
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An Act to Facilitate the Disclosure of Foreign Grants or Gifts Received by State Agencies Final
Model Policy Section I. Short Title. This Act may be cited as the “Public Transparency on Foreign Grants and Gifts Act.” Section II. Preamble. WHEREAS, globalization has increased the number of interactions between foreign governments and state agencies; and WHEREAS, these interactions often involve highly sensitive technological research initiatives…
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Resolutions Urging US Universities to Relocate Chinese Language Programs from Mainland China to Taiwan Final
Model Policy WHEREAS, students benefit enormously from overseas educational programs that promote cultural and language learning and these benefits are typically realized by the students’ home countries; and WHEREAS, the People’s Republic of China (PRC) is an American top three trading partner and is a global economic and strategic power;…
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No Runaway Article V Conventions Act Final
Model Policy “Article V Conventions” mean either a “Convention for proposing Amendments” or a “State Ratification Convention” as expressly provided in Article V of the Constitution of the United States of America; and “Article V Application” means a [Joint, Concurrent] resolution passed by the State Legislature of this state requiring…
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Model Application under Article V of the U.S. Constitution to Propose an Amendment to Require the Supreme Court of the United States to Be Composed of Nine Justices Final
Section 1. The legislature of [INSERT STATE NAME] hereby makes an application to Congress, as provided by Article V of the Constitution of the United States of America, to call a convention limited to proposing an amendment to the Constitution of the United States of America to require that the…
Press Releases
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Supreme Court Returns Abortion Decision ‘to the people’
Court empowers state legislatures with authority to decide what is best for citizens of their state Arlington, Va. – The American Legislative Exchange Council (ALEC) CEO Lisa B. Nelson today…
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ALEC Applauds SCOTUS Decision Upholding States’ Rights in Berger v. NC NAACP Case
Decision upholds the Constitutional right of state legislatures to defend their laws as they see fit Arlington, Va. – The American Legislative Exchange Council (ALEC)…
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ALEC Scholar Dr. Arthur Laffer Receives Presidential Medal of Freedom
FOR IMMEDIATE RELEASE Contact: Daniel Reynolds [email protected] ALEC Scholar Dr. Arthur Laffer Receives Presidential Medal of Freedom Sound economics recognized by the President…
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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…