The Tenth Amendment and Congress

The exact language of the Tenth Amendment bears repeating:

"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."

Our federal congressmen and senators are often referred to as leaders, and this is a mistake. They are representatives of their state, nothing more, nothing less. They are sent to Washington, DC to speak for us and not to make decisions for us because 'they know better.' It used to be that state legislatures chose the senators such that they would better reflect the ideals and policies of those bodies. And if the senators strayed from that path, there was a ready remedy in recalling them. The 17th Amendment in 1913 should never have been ratified: direct election by the people turned it into much more of a money-fueled popularity contest where promises made during a campaign seldom translate into deliverables when in power. The ridiculously high re-election rates for both senators and representatives clearly show how few of them are actually held accountable. This should change.

Recall our guiding principles:

• Federal involvement in the business of a state should be limited to what is explicitly authorized in the Constitution.
• Do not give the feds any foothold. An inch will become a mile as they have too many powerful tools at their disposal, not least the "power of the purse" - virtually unlimited budgets.
• Any state authority surrendered to the federal government is extremely hard to recover.

The federal government has a role, as defined by the U.S. Constitution. It is a valid part of our structure as a Constitutional Republic. We just need to drastically reduce its size and have the focus more outward than inward. Just as originally intended.

Governors are the true leaders and should actually represent the pinnacle of political office. A US Senator should consider it a career advancement to run for governor, not the reverse. Governors actively run their states and must have primacy in leadership superior to any Federal body. They must be chosen wisely. And they should not run cap in hand to Washington when disasters strike but rather insist that the state takes care of itself: dependency on federal funds shows who is really in charge.

Certainly, US representatives and senators should not be allowed to make money from their service, although far too many have done just that. It is corruption, pure and simple. We all know the stories of Nancy's millions, Bernie's houses and Biden's art! As Harry Truman famously opined "…you can't get rich in politics unless you're a crook." So how do they get rich? They sell influence, favors, access, support…they sell their souls. How do they get away with it? They set themselves above the laws they themselves write, and purposely exempt themselves from obeying.

When did it become 'a thing' to go to DC to bring home the bacon? We should not expect, in fact we should actively resist the temptation for our federal representatives to spend any time looking for pork barrel projects in order to justify their existence. On this and this alone, we agree with the late Senator John McCain who spent a lifetime in the US Senate fighting against adding pork barrel spending projects to federal laws. We know why we sent them to the Capitol, to speak on our behalf in matters of foreign policy, national policy and to ensure the federal government upholds its part of the Constitutional bargain.

Now is the time to rein them in and burst some of those inflated egos. As a knock-on effect, it would reduce and re-focus the legislative and executive branches. It is up to the states to take back ownership of their senators and representatives.

Also, members of the US Congress are not paid by their states, but from the federal treasury and, everyone knows you work for the guy who pays you; and the Congress controls the manner, value and frequency of their pay and benefits, the greatest self-licking ice cream cone ever! Only the Twenty-Seventh Amendment constitutionally impacts the pay and benefits of federal representatives and that only happened because a nineteen-year-old sophomore college student was unhappy with a grade he was given! Even though the Constitution specifies members of Congress will be paid by the US Treasury, creative legislation at the state level could ensure they remember they work for the people of the state.

Two specific suggestions for the Wyoming Legislature:

1. A requirement for individual members of Congress to agree to receive pay and benefits from the state and not the US Treasury in order to represent Wyoming in the US Congress. The state could set up a reimbursement process with elected representatives whereby the federal salary is used to offset the state cost. Salaries and benefits should reflect Wyoming norms not Washington, DC norms. Pay and benefits should not continue for life.

2. Prevent Wyoming members of Congress from enjoying what would be considered ill-gotten gains for the rest of us. Laws should apply equally to members of Congress as they do to all other citizens. Until there is a US Constitutional amendment along the lines of "…Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and Representatives; and, Congress shall make no law that applies to the Senators and Representatives that does not apply equally to the citizens…" Wyoming should require its representatives to live by the laws they have passed, at least in Wyoming.

3. Enact a law allowing the recall of U.S. Representatives and Senators. The Right of Recall was recognized prior to the passage of the 17^th Amendment, and is enshrined in law in several states to this day.

Some specific suggestions for Wyoming citizens:

1. Form "Keep 'Em Honest" groups/committees. Take the above suggestions and add to them to create a platform for discussion with other Wyoming citizens and our representatives, especially at the state level to get the Wyoming legislature to enact "Keep Em Honest" laws. Start with the Wyoming State Legislature. Send emails to all your representatives supporting Wyoming "Keep 'Em Honest" legislation. Remember, until "Keep 'Em Honest" laws gain popular support, you will have to explain them in your email. Get your friends involved and have them send emails.

2. Once you have organized your group, let your federal representatives know who you are and your purpose. Ask them to come speak. Maybe, just maybe, this will make them pay attention. We guarantee it will later as the idea picks up steam and a ringing endorsement from "Keep Em Honest' will be much sought after!

3. Put up your own version of 'Three Billboards…' Something like:

A fresh take on accountability, honesty and integrity is urgently required. Accountability to Wyoming and no one else. They need to know that they serve at the pleasure of the people and that they will be not only be out of a job but under investigation if they neglect this duty. They do not serve the party, the federal government or citizens in other states. It is time to re-balance and re-calibrate the relationship. But this can only be achieved if you, we, all of us get involved. 

Remember Greg Watson? He was that nineteen-year-old college student who wrote a paper arguing that an amendment, first submitted to the 1^st US Congress in 1789 along with what became the Bill of Rights, was still 'live' and could be voted on and added to the US Constitution. His teacher thought not and gave him a 'C'. Believing he was right, he began a nationwide campaign to ratify the amendment which was successful, and the Twenty-Seventh Amendment was ratified in 1992. Truly standing tall!