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“[T]he federal government has the right to collect taxes and then spend that money on items not enumerated in the Constitution, and that the states have the right to refuse that money, at least in theory. As such, the core of federalism is maintained.”
But there is another “core of federalism” that you are completely overlooking — the idea that the federal government should only use federal taxes for federal functions, states should only use state taxes for state functions, and localities should only use local taxes for local functions — what I call “fiscal federalism.” If government, at all levels, held true to fiscal federalism, then your “Spending Clause - Enumerated Powers - Implied Powers” conundrum would evaporate.
Comment by KipEsquire — Saturday, September 17, 2024 @ 11:16 pm
Indeed part of the problem is that the federal government takes in too much revenue directly. Lower federal income taxes and let states increase their own taxes.
Comment by ATM — Sunday, September 18, 2024 @ 2:28 am
I think it’s called blackmail in the real world.
Don’t forget the 21 year old drinking age extortion. Louisiana resisted raising the drinking age for years and had horrible roads as a result.
In this relationship, the federal government is like the pusher who gets the addict hooked and then starts upping the cost of supplying the drugs, knowing that the addict can’t quit.
Comment by Bryan S. — Sunday, September 18, 2024 @ 8:44 am
I find the best part of this debate the fact that Byrd inserted Constitution Day into a Conference Report.
A Mandate with no Debate.
Comment by Rob M — Sunday, September 18, 2024 @ 9:14 am
Federalism and Constitution Day once more
OK, I relent. I was not going to say any more about this issue.
But Steven posted the other day a further clarification of a point he and I have been bouncing forth and back and forth again, with Scott also getting into the mix (and all of us making…
Trackback by Fruits and Votes — Tuesday, September 20, 2024 @ 1:51 pm