When Alexander Hamilton wrote the
Federalist #17 to the people of New York on December 5, 1787, he
promised them that under the proposed constitution the federal
government would never interfere with the “administration of
private justice between the citizens of the same State, the
supervision of agriculture and of other concerns of a similar
nature.” Hamilton thought those matters would be left to the states
since they would “contribute nothing to the dignity, to the
importance, or to the splendor of the national government.”
Hamilton had not a clue that by 1862
Abraham Lincoln would create the Department of Agriculture as an
independent department of the federal government, and that by 1889
Grover Cleveland would give it Cabinet status. By 1914 the federal
government was pouring money into all sorts of agricultural
cooperative and extension programs in every county in every state in
America. By 1933, the Department of Agriculture was paying farmers
not to farm, a consequence of the Agricultural Adjustment Act of
1933. Even though the Supreme Court ruled in 1936 that regulation of
agriculture was a state power and not a federal one, the busy bees in
the federal leviathan tried again with the Agricultural Adjustment
Act of 1938, and we’ve been paying farmers not to farm ever
since—currently to the tune of twenty billion dollars annually.
In 1941 an Ohio farmer, Roscoe Filburn,
grew more wheat than the law allowed him to and he was fined $117.11.
He took the case all the way to the Supreme Court (Wickard v.
Filburn, 317 US 111) and lost because the Court shoehorned the case
into a matter of interstate commerce, which the constitution does
allow the federal government to regulate.
It was an awful decision. The court
said that even though Filburn was growing wheat for his own animals
and not selling it across state lines (not selling it at all,
actually), it indirectly affected interstate commerce because Filburn was not purchasing wheat for his animals and that failure to purchase
affected interstate markets. The decision opened a legal Pandora’s
box, because now virtually any economic activity could be construed
as affecting interstate commerce, therefore the federal government
could control and regulate economic activity.
Hamilton, Madison, and Jay would be
horrified to see how the Supreme Court has virtually shredded the
constitution with boneheaded decisions such as these, the executive
and legislative branches going along as willing conspirators.
This is the problem with the federal government: it is totally out of control, having usurped powers the
constitution reserves to the states. It’s not enough to scale back
these unconstitutional Cabinet departments and federal regulatory
agencies—they have to be completely eliminated, the programs shut
down, the workers let go, the buildings and the assets sold, the
lands turned back over to the states.
The best use of the federal legislative
branch would be to declare a two-year moratorium on new legislation,
and spend the next two years repealing all the legislation that
usurps the power and rights of the states.
Don’t let the politicians bamboozle
you: we don’t need to improve these agencies and departments, we
need to eliminate them. Totally. We don’t need to reduce waste,
fraud and abuse—we need to surgically remove it by fully
dismantling these unconstitutional cancers.
Someone might ask, “but what if we
need some of these programs?” Fine. Let your state and your local
government handle it, but don’t saddle the taxpayers in the other
forty-nine states with your pet programs.
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