The times were dark ones. In some parts of the world communism was taking hold and viewed by some as the future that works. In other regions fascism was gaining in Germany and Italy. In the U.S. President Roosevelt and his administration tried idea after idea to end the Great Depression without success. Despite Roosevelt’s admonition that we only have to fear is fear itself, fear was always at people’s elbows.
farmer
The Tea Party has some major accomplishments to their credit that will be on display this week. The first is a reading of the Constitution in the House of Representatives to open the 112th Congress, the second is the change to rules that require any bill to state where in the Constitution Congress has the authority to enact that legislation.
A recent article in the New York Times, “Once Stigmatized, Food Stamps Find Acceptance,” talks about how Food Stamps are now, thankfully, accepted and people can get the help they deserve.
I remember the first time I encountered food stamps. I was in line at the grocery store behind a woman with a cart piled high and among its contents were soda, potato chips, and other tasty luxuries. When the bill was tallied, she took out her book of food stamps and handed them to the cashier. I related this story to a friend who told me that you can’t use food stamps on junk food so it must have been applied against the other items in the cart. Even so, I thought back to when I grew up. We weren’t poor but we were no where near rich. Things like soda and potato chips were a rarity reserved only for those times when relatives were coming from a distance for a visit. Otherwise it was home brewed ice tea and supermarket generic cookies. But even those treats weren’t purchased through a subsidy of our food staples.
New York is now actively recruiting new food stamp recipients in all languages imaginable. It seems that it is not enough to provide the service but you have to make sure that everyone who can get food stamps is taking advantage of them. Let’s see, government employees paid by taxpayers going all out to make sure that a taxpayer funded program is using as much taxpayer money as possible including a program on Rikers Island (the city jail) to enroll inmates as they leave. The article describes one woman who was actively recruited to join the program:
A big woman with a broad smile, Ms. Bostick-Thomas swept into the group’s office a few days later, talking up her daughters’ college degrees and bemoaning the cost of oxtail meat.
“I’m not saying I go hungry,” Ms. Bostick-Thomas said. “But I can’t always eat what I want.”
Okay, I’m going to go out on a limb here. By a “big woman” can we take that observation to mean she is not lacking in caloric intake? She says she doesn’t go hungry. She talks about her daughter’s college degrees. So why are taxpayers tasked with helping her eat what she wants? And what is that anyway? Steak? Lobster? Twinkies? Ice cream? Why aren’t the daughters with their college degrees helping their mother? Maybe they could invite her over once a week and feed her the foods she favors? And if they are not local, why not ship her a box of Omaha Steaks? Why does some other taxpayer have to pick up the tab for her after they worked hard to feed their own family?
The Other Side of the Coin
On the other side of the coin, from the budget of the same Department of Agriculture, we pay farmers not to grow food in the form of farm subsidies. Why? Well, if we didn’t, the prices of farm products, aka food, would become too cheap for the farmers to make a decent living. In my simple economic model of supply and demand that would seem to indicate that maybe we have more farmers than we need. But you see farming is a way of life as much as it is an occupation, and taxpayers must be sensitive to preserving that way of life whether or not it is economically justified. I am sure there are several million unemployed people in this country who would like to have their jobs subsidized. Unemployment compensation is when the government gives you a check (actually its funded by your employer) when you lose your job. Farm subsidies are when the government (no employer funding here) pays farmers to keep working at their job.
Add to that another government program to pay farmers to produce corn to make ethanol, another uneconomic subsidy. Ethanol is pitched as a substitute for gasoline, but it takes a lot of energy to make it, it cannot be transported via pipeline like petroleum products, and when the corn is diverted to produce ethanol, the cost of almost all food goes up. Corn is used for feed for cattle, as seed to produce corn, for corn syrup as a sweeter. So on top of regular farm subsidies, we have ethanol subsidies to further drive up food prices. In the case of corn syrup, sugar could be a substitute, but our government places a very high tariff on imported sugar, to protect our domestic sugar producers.
Coming Full Circle
So, on the one hand we have several government programs, funded by taxpayers, that drive up the price of food. Then we have another program, taxpayer funded, to help people buy food because food is too expensive. And then we have government workers and programs, taxpayer funded, that are actively marketing the food stamp program to overweight people, who never go hungry, have college educated children who could help them but don’t seem to, so that the recipient can eat the things she wants to. But if you see a problem with this, don’t worry. Michele Obama is about to use more taxpayer dollars to launch a program to fight childhood obesity. Can we get off this Merry-Go-Round?
How about we shut down the Department of Agriculture? It’s function is not in the Constitution and so it should not exist at the federal level. End farm subsidies. If that means we have a few less farmers, so be it. The American people do not owe anyone other than themselves a way of life. To the farmer who can make it, you have my complete admiration. End ethanol subsidies. If ethanol is a viable fuel, it should be able succeed on its own, not because Archer Daniels Midland spends millions on agricultural lobbyists. Negotiate free trade agreements so that our successful farmers, instead of being paid not to produce, produce and sell their goods around the world. Likewise end high tariffs that protect our farm products. These steps should lower the cost of food.
With lower food costs we shouldn’t need a food stamp program. End it at the federal level along with the Department of Agriculture. If there continues to be a need it will probably be a much smaller one and let each state decide if it wants to start its own program. Also, with everyone saving on food there is a greater likelihood for people to contribute to food banks to help the truly needy. But to have one government program create a problem and another government program to try to solve it is lunacy.
With our economy hurtling toward a cliff with out of control spending, we don’t need to be on both sides of a problem.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. – Tenth Amendment of the Constitution of the United States of America
The Tenth Amendment
The Tenth Amendment of the Constitution is an interesting piece of work. The way the Constitution is written is to explicitly state what the national government could do, and thereby exclude it from doing everything else. When some of the Founding Fathers advocated a Bill of Rights the federalists strongly objected. Why? First, they thought it was redundant. If, for example, the Constitution did not say the national government could regulate speech then having a First Amendment guaranteeing the Freedom of Speech made no sense. The national government was only permitted to do precisely what the Constitution said it could do.
The second objection concerned having the opposite intent of the original writing of the Constitution. You see, if the constitution has a provision that says what the national government cannot do (First Amendment barring free speech for example) it implies that the national government can do anything else that is not prohibited, which is exactly what the federalists did not want the Constitution to say. It wanted to specifically enumerate the powers granted to the national government and no more. So they compromised by adding the Tenth Amendment, which spelled out that distinction. To quote Hamilton in Federalist 84:
“Why, for instance should it be said that the liberty of the press should not be restrained, when no power is given by which restrictions may be imposed?”
The Federal Government’s Runaway Growth
The federal government has expanded enormously particularly with FDR and the New Deal. The Supreme Court has paid scant attention to the Tenth Amendment in curbing that expansion. Perhaps it is time they gave it a closer look and more weight in their decisions.
Below is what the Constitution says Congress has the Power to do.
Article I. Section 8. The Congress shall have Power To:
- Lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States;
- To Borrow Money on the credit of the United States;
- To regulate Commerce with foreign Nations, and among the several states, and with the Indian tribes;
- To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
- To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
- To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
- To establish Post Offices and post Roads;
- To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
- To constitute Tribunals inferior to the supreme Court;
- To define and punish Piracies and Felonies committed on the high seas, and Offenses against the Law of Nations;
- To declare War, grant Letters of Marque and reprisal, and make Rules concerning Captures on Land and Water;
- To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two years;
- To provide and maintain a Navy;
- To make Rules for the Government and Regulation of the land and naval Forces;
- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrection and repel Invasions;
- To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Apportionment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
- To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings; — And
- To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Does anybody see anything there about minimum wages? miles per gallon? housing subsidies? urban development? education? energy? James Madison summed it up thus in Federalist 45:
“The powers delegated by the proposed Constitution to the Federal Government are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace negotiations, and foreign commerce;….The powers reserved to the several states will extend to all objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people, and the internal order, improvement, and prosperity of the state.”
To see how far we have come from Madison’s and the other Founding Fathers views can be seen in the New Deal era court case Wickard v. Filburn(1942). Roscoe Filburn was a farmer during the Great Depression who was growing wheat to feed his chickens. The Federal Government had imposed limits on how much wheat a farmer could grow based on acreage in order to prop up wheat prices. The amount of wheat that Filburn was growing exceeded this number, however, Filburn intended to use the wheat entirely on his own farm. Not only was the wheat not going to leave his home state, it was not going to leave his farm! But the Supreme Court ruled that by growing more wheat than allowed, Filburn would not have to buy additional feed in the open market and by not doing so the lack of his consumption of wheat on the market would adversely affect the price of wheat, therefore he was violating the Federally imposed limits. Now if that doesn’t set off Tenth Amendment alarm bells, I don’t know what could.
Federal Government Sprawl
Here are the cabinet level departments of the Federal Government. Those in bold seem, in my opinion, to be consistent with the enumerated powers above. Those in italics seem, again in my opinion, to be a national government overstepping its Constitutional bounds. It is not that each and any of these things should not be done at all, but according to the Tenth Amendment should be at the discretion of the states or local government.
- Department of Agriculture
- Department of Commerce
- Department of Defense
- Department of Education
- Department of Energy
- Department of Health and Human Services
- Department of Homeland Security (Incorporate in Department of Defense)
- Department of Housing and Urban Development
- Department of Justice
- Department of Labor
- Department of State
- Department of the Interior
- Department of the Treasury
- Department of Transportation
- Department of Veteran Affairs (Incorporate into Department of Defense)
Federalism
One of the brilliant ideas of federalism is the ability to vote in two ways. One, is at the ballot box and the other is with your feet. If my state puts forth a bad idea and the majority of the citizens of my state agree with the bad idea, I have the freedom to move to another state. However, if we keep moving all these bad ideas up to the national level, my right to vote with my feet is taken away. If states like California and New York choose to follow polices that lead to their bankruptcy, so be it, but let’s not force those policies on Texas and Florida or force the citizens of those states to pay for the mistakes of Californians and New Yorkers.
Since George Washington, who had four cabinet positions, we have added thirteen new cabinet departments and eliminated two and the ones eliminated did not go away, they simply became part of other government entities (e.g., Navy into Defense; Post Office into Postal Service). In other words our government is telling us that they have not solved a single problem for which one of these agencies were created since 1789, otherwise why wouldn’t that cabinet department be shut down, after ceremoniously giving all the key players well deserved gold watches? But Government encroachment marches on with the Obama Administration poised to devour one-sixth of the U.S. Economy into the Department of Health and Human Services. They tell us they know how to solve that problem. With their track record do you believe them? Perhaps it’s time to dust off the Tenth Amendment, and start putting a scalpel to the federal government rather than tying a bib around its bloated neck.
Let’s look to 2010 as the year we start taking back our government. Polls show how far out of touch our elected leaders are from the views of their constituents. It’s time to retire them from office. Let’s keep up the hard work and countdown to November 2010.






