Federal Extortion
Federal Lawmakers Are Using Tax Dollars To Buy Powers Assigned to the States (and Using Extortion to Keep Control of Them)

John Gaver
January 2, 2006

Amendment X to the Constitution of the United States of America states:

That statement is very simple, clear and to the point. That simplicity is one of the things that make the Constitution and Bill of Rights such fabulous instruments of law. In fact, the 10th Amendment is so clear on the delegation of powers between the federal and state governments that it took federal lawmakers 200 years and BILLIONS of taxpayer DOLLAR$ to subvert it’s purpose. But they have finally done it.

Two glaring examples of powers NOT delegated to the federal government that federal lawmakers have hijacked are Education and Intrastate (inside the state) Transportation. The framers of the Constitution specifically left control of those, and many other powers, to the states.

However, in recent years, the federal government has wrested almost complete control of each of those functions from the states. Consider the following examples:

• Look at the many changes in curriculum and so called "standards" imposed on education by the Federal Government. It was even a Federal Court that imposed school busing. The states fought that ruling, but in the end, the federal government won out. How was this possible, since the Feds don’t have authority over education?
• A few years ago, when the federal government mandated the states to lower the speed limit to 55 MPH, a few states resisted, saying that, according to the Constitution, the federal government could only make them reduce speed limits on US and Interstate highways and that Intrastate highways were the jurisdiction of the states. But, in the end, the states were all forced to lower their speed limits to 55 MPH on all highways, including state highways.

In both cases, the states were correct about the law, but the states still lost, because the federal government had BOUGHT THE LAW with YOUR TAX DOLLARS.

These are just two of the most visible examples of the federal government’s systematic hijacking of powers from the states.

How Did Federal Lawmakers Accomplish This Chicanery?

When thinking about how this happened, the word "EXTORTION" comes to mind. Since the 10th Amendment was so clear on the distribution of powers, the federal lawmakers had to resort to a form of chicanery to get around the 10th Amendment. It is a process that began many years ago and is still continuing. Already, the cost to the American taxpayer runs well into the BILLIONS of DOLLAR$.

It is difficult to determine just when federal lawmakers first began to realize how they could use the federal budget to encumber the states to such a point that they could then EXTORT from the states, the powers that the Constitution had specifically denied them. Knowing when it started is really unimportant anyway. The important point is that most federal lawmakers are now well aware of this insidious technique. It is a three step process.

Assistance – Encumbrance – Extortion

Step 1 – Assistance

It probably began quite innocently a number of years ago, as federal lawmakers (mostly liberals) started trying to redistribute wealth among the states. The logic goes like this (education example).

1. Some states have more money than other states.
2. Wealthier states spend more on education than poorer states.
3. In order to help equalize education, the federal government should provide assistance to all states, in the form of granting a portion of federal tax dollars to all states.
4. In order to accomplish this, such a program would have to be funded with additional federal income tax dollars.

Citizens of the wealthier states, of course, pay the largest proportion of those additional taxes, which are then redistributed back to the states according to population figures.

It sounds simple enough, if you ignore the fact that there is no justification under the law for the federal government to redistribute wealth. So, for a number of years, federal lawmakers have been granting a portion of the federal budget to the states for many things, including education and intrastate highways (remember that intrastate highways are built by the state and start and end inside the state).

Step 2. – Encumbrance

When a state wants to build new schools or highways, they vote bonds to fund the construction. The value of the bonds to the investors, who buy them, is based upon the perceived ability of the state to repay the bonds. Part of that perceived value is based upon the fact that the state will receive millions of dollars from the federal government over the period of the bonds. Over a period of years, the state builds up significant debt based upon the continuance of funding from the federal government.

Step 3. – Extortion

Once the states are sufficiently encumbered, it is no problem for federal lawmakers to EXTORT the powers that the Constitution left to the states. When the Feds demand that the states implement certain policies, such as 55 MPH speed limit or certain educational curriculum, the states have no choice but to comply. It isn't because the feds will come in with guns, if the states don't comply. It is simply that if the states don’t comply, those federal "Assistance" funds are withheld. This is a two-fold hit to the states. Not only do they lose the redistributed funds from the federal government, but this loss causes their bond rating to drop dramatically, thus increasing the cost to the state to borrow money for other construction. Any resistance from the states is purely posturing for public appearance. It is EXTORTION plain and simple.

Is There A Solution?

There is a very simple solution. But, time is limited. The longer this usurpation of state's rights is allowed to continue, the harder it will be to repair the damage. It isn't too late. But, it is definately too late if we just accept it. We can expect almost every federal lawmaker in Washington D.C., including Congress, the President, the Supreme Court, the DOJ, the DEA and every other alphabet soup agency that establishes defacto law, to put up every road block possible to prevent the return of these EXTORTED powers to the states, where they belong. After all,

It's All About POWER!

We can complain to our congressmen and senators. But, that will have about as much effect as asking them to donate to their opponent's campaign. They have power and they won't want to give it up. As much as I hate to recommend it, because of who we will be fighting on this issue and the fact that the issue itself is POWER, the only option available to the people is a constitutional amendment. Because of the level of resistance that we can expect to receive from the people who now hold the power, the only way that this situation will ever be remedied is if enough ordinary citizens become aware of this problem and get involved at the grass roots level and force a vote on a constitutional amendment to strengthen the 10th Amendment. Like the 10th Amendment, this new amendment should be simple, clear and to the point. It might be worded as follows:

"Neither Congress, nor any agent or agency acting on behalf of the United States government may use such government authority to compel, coerce or obligate one or more states to implement or repeal any state legislation, policy, procedure or rule that is not within the federal government's jurisdiction, as defined in Article I, Section 8 of this Constitution and further delineated in Amendment 10 to this Constitution."

Since federal lawmakers already have the authority to establish laws, policy, procedures and rules within the narrow jurisdiction granted them by the Constitution, any coercion of the states to implement other laws within those limits, is unnecessary. On the other hand, any coercion of the states to implement laws outside of those limits should be ILLEGAL.

The only possible reason that the federal government would have to coerce the states to pass or repeal any law, is to require the state to pass or repeal laws that the federal government wants enacted, but that fall outside the jurisdiction of the federal government. An amendment such as this would make it unlawful for the federal government, through any agent, to compel states to implement or repeal any state legislation, policy, procedure or rule.

It's time that we return the constitutional
powers OF the states TO the states.

Simply reading articles like this and thinking that something needs to be done is not enough. The 10th Amendment is in shambles and it will only get worse, unless we, the people, do something about it. I can't do this alone. You and I can't do this alone. It will take many concerned Americans, passing their concerns on to others and to their elected officials. We must all take action every time that we see our Constitution being subverted.

Your help is crucial!

Call or email your congressman and senators. Who knows.  We might find a champion in Congress. But don't hold your breath. Anyway, that's just the first step. Then, explain the situation to your friends or direct them to this article, if you don't have time to explain it. Ask them to pass it on and to call their elected officials, too. Call in to your favorite radio talk shows and make your point on the air. Use the term "federal extortion", as a lead in. You might even want to print this article, to use for notes, when talking about federal extortion. Write letters to the editor of your local newspaper. Send them a copy of this article (we ask that if you do that, to include the copyright notice).

If you know people of influence in your community, who might be able to start a grass roots movement to force a vote on such an amendment or who might have the ear of people in Congress, please direct them to this article. I have neither the time nor skill to start a grass roots movement. But, if you or someone you know can start one for this purpose, I would like to be a part of it. I have some marketing skills and I am a skilled public speaker. I am collecting names of people who are interested in rectifying this situation. If you would like to help or if you would like to take on the task of organizing a grass roots effort for this purpose, please, contact me at jgaver@actionamerica.org.

One thing is certain though. The situation will only get worse, if we don't do anything.

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