The United State of America HAT: Federal vs. State Power Interact MTT The United State of America RICHARD A. EPSTEIN AND MARIO LOYOLA The Atlantic, July 2014 Lurking in the wings is a separation-of-powers issue that Americans have mostly overlooked—the separation between federal and state government. In many areas, that vital divide is fast disappearing, owing to a relentless expansion of federal power. Programs like Medicaid, Common Core, the Clean Air Act, and the federal highway system enjoy popular support because they appear to allow the federal government to accomplish things all Americans want, at least in the short run. But those programs often turn states into mere field offices of the federal government, often against their will, in turn creating a host of structural problems. Federal “assistance” to the states currently accounts for 30 percent of state budgets, on average. Do the states really need that much help? They don’t. States have their own taxing authority. The real reason for federal “assistance” lies in the conditions that come attached to it, which allow the feds to dictate state policies and even what the states do with large chunks of their own money. The result is a massive increase in real federal control entirely behind the scenes. Federal dominance is often justified as the only way to secure uniform laws. But states don’t need coercion to achieve that end. Common Core was originally an [educational] initiative of the National Governors Association, with no federal involvement, but the Obama administration made participation a requirement for federal education grants. Similarly, until 1956, the nation’s highways were built and managed exclusively by states, which had even cooperated among themselves to develop a national system of numbering highways for ease of travel, without federal involvement. A common justification for federal overreach is that it allows for administrative convenience, but the Constitution doesn’t exist for the convenience of the government. Its purpose is to protect the people from government abuse. By leaving most government spending and regulation within the exclusive domain of states, the original Constitution created a dynamic framework of interstate regulatory competition. American society is blessed with a diverse array [selection] of institutions. Not everything needs to be done by government power, either federal or state. When government must act, it’s best to turn to the lowest unit of government capable of dealing effectively with the issue. The Constitution was meant to enshrine that very principle, in order to protect individuals and communities from the pervasive and often overbearing power of central government. One solution is paramount: Strengthen the vital but oft-neglected separation of federal and state governments.  Interacts Visual Response – Visualize what the author is saying and draw an illustration in the margin. Ask yourself: -What does this look like? -How can I draw this concept/idea? -What symbol best represents this idea? Connect – Make connections within the reading to your own life and to the world. Ask yourself: -How does this relate to me? -How does this relate to other parts of the text? -How does this relate to the world? Question - Question both the ideas in and your own understanding of a text. Ask yourself: -What is the author saying here? -What is the purpose of this section/word? -What do I agree/disagree with? MTT Icons: ! interesting + important ? I don’t get it = Reminds me of : ) Like : ( Don’t like

Before and After Reflection   Use the first half of this template to guide a “before reading” reflection. Once you have completed the reading, use the second half to talk about how your beliefs or opinions have changed or stayed the same. Before reading_______________________________________________________________________, I should reflect on how I feel about _____________________________________________________________________________________ . I believe that ________________________________________________________________________________________ ___________________________________________________________________________________________________. I have come to believe this because ______________________________________________________________________ __________________________________________________________________________________________________ . Although___________________________________________________________________________________________ ________________________________________________ , I feel that _________________________________________ After reading the text, my view of ______________________________________________________________________ has (or has not) changed for the following reasons: first, _____________________________________________________ ____________________________________________________________________________________________ ______; and second,_________________________________________________________________________________________ __________________________________________________________________________________________________. ______________________ _____________________ that ______________________________________________ (author) (verb) ___________________________________________________________________________________________ . This affirms (challenges) my belief that ____________________________________________________________ The most significant question this text raises for me is ________________________________________________ ____________________________________________________________________ . Overall, this text taught me ___________________________________________________________________________________________  __________________________________________________________________________________________.