The Conscience of a Conservative · Chapter
III: States’ Rights explained
The chapter argues that the principle of States' Rights, enshrined in the Tenth Amendment, has been abandoned by both major political parties.
What happens
The chapter argues that the principle of States' Rights, enshrined in the Tenth Amendment, has been abandoned by both major political parties. It criticizes the federal government's use of grants-in-aid and matching funds to coerce states into compliance, and refutes the notion that the Tenth Amendment is merely a 'general presumption' that can be overridden by federal authorities. The author contends that states have a right to act or not act in reserved areas, and that the proper recourse for state failures lies with the people, not the federal government.
Themes in this chapter
States' Rights and Federal Overreach
Central theme: the Tenth Amendment is a prohibitory rule of law, not a presumption, and federal grants-in-aid constitute coercion and overreach.
Limited Constitutional Government
The chapter argues that the Constitution draws a sharp line between federal and state jurisdiction, and that federal interference undermines limited government.
Individual Freedom vs. Collectivism
Federal aid is described as a loss of liberty and wealth, with power transferred from individuals to federal planning boards.
Characters to notice
- Narrator
Argues for a strict interpretation of the Tenth Amendment and criticizes both parties for abandoning States' Rights.
- Mr. Larson
Author of 'A Republican Looks at His Party,' whose views on States' Rights are critiqued as treating the Constitution as a handbook.
- The States
Portrayed as having rightful jurisdiction in reserved areas, but being coerced by federal matching funds and threats.
- Congress
Criticized for failing to act on recommendations to return programs to the states and for authorizing federal interference.
- The Liberals
Implied as the ideological force behind the abandonment of States' Rights, particularly in the Democratic Party.
- President Eisenhower
Mentioned indirectly through the Administration's halfhearted support for returning powers to the states.
- Most Americans
Referenced as the people of New York, Nebraska, Arizona, and the narrator's own state, who understand the cost of federal aid.
- Conservatives
Implied as those who should demand withdrawal of federal government from state jurisdictions.
Key passages
“The Tenth Amendment is not 'a general assumption,' but a prohibitory rule of law.”
The Tenth Amendment is a binding legal restriction, not a flexible guideline.
Refutes Mr. Larson's view that the amendment is merely a presumption.
“The States may have duties corresponding to these rights, but the duties are owed to the people of the States, not to the federal government.”
States' responsibilities are to their own citizens, not to Washington.
Clarifies the proper relationship between states and the federal government.
“The 'stimulative' grants are, in effect, a mixture of blackmail and bribery.”
Matching fund programs coerce states into compliance through financial pressure.
Describes the coercive nature of federal grants-in-aid.
