The Post & Email by William L. Kovacs 9/15/2025
Federalism is a fundamental aspect of the American Constitution. Eliminating federalism would eliminate a major check on the power of the federal government. Since the 1930s, however, the federal government has actively sought to increase its power at the expense of the states. This expansion has been supported by a Supreme Court that has consistently endorsed the growth of federal authority since the landmark case of McCulloch v. Maryland in 1819. The Court held that Congress possesses a vast array of implied powers that complement its enumerated powers.
Federalism is “a system of government where two levels of government – a national government and…states-have authority and control over the same territory and the same people.” Federalism is part of the Constitution, which enumerates and implies many federal powers but also reserves certain powers to the states. These powers include education, health, safety, zoning and housing, morals, issuing licenses, preserving the general welfare, running elections, and setting voter qualifications. As a group they are referred to as “police powers.”
The diminishment of federalism is a continuing federal obsession. Presently, the Secretary of the Treasury wants to declare a national housing emergency and impose federal authority over building and zoning codes. Senator Rochester (D-DE) introduced a bill to establish federal guidelines for state and local zoning requirements. President Obama’s Affordable Care Act imposes federal insurance requirements on the healthcare industry. President Biden issued Emergency Declarations to place moratoriums on rent increases during the pandemic. Article I, section 4 of the Constitution gives states the power to set the manner of holding elections. Trump, however, wants to eliminate mail-in voting and asserts “the states are merely an agent” of the federal government and must follow presidential orders.
As the federal government diminishes state police power, many states are organizing to free themselves of federal mandates. California, Oregon, Washington, and Hawaii are forming a coalition to set vaccine standards now that the federal government seeks to repeal its mandates. Oklahoma seeks to require teachers from New York and CA to prove they support President Trump’s America First policy. Texas proposed a new union of law-abiding states. Twenty-three states have enacted climate change action plans.
More:
https://www.thepostemail.com/2025/09/15/hold-up-feds-without-federalism-there-is-no-usa/
