Encroaching Political Consolidation: The Weakening of the U.S. Federal System

It is much easier to point out the sliver in the other person's eye than the plank in one’s own. Regarding the gradual political consolidation of power at the federal level in the U.S. at the expense of not only the member-state governments, but also the federal system itself, it is easier for a political party to dismiss its own contribution than to take a wider stance including the continued viability of the federal system, or federalism, itself. As a result, both of the major parties has contributed to the increasing political consolidation at the expense of the check-and-balance feature that a balanced federal system has.

Texas’s former governor, Rick Perry, wrote in his book, Fed Up!, “From marriage to prayer, from zoning laws to tax policy, from our school systems to health care, and everything in between, it is essential to our liberty that we be allowed to live as we see fit through the democratic process at the local and state level.”[1] If it is essential to the liberty of the people that these policy domains be legislated and enforced at the member-state level, then any backtracking on any of these areas would diminish freedom. Hence the considerable consolidation of power by the U.S. Government since the war between the U.S.A. and C.S.A. from 1861-1865 has come at a cost. 

For instance, U.S. Government can preempt state legislating on a given domain even if no federal legislation is even attempted. The citizens of Texas would be hamstrung should they want the Texas Government to legislate on what is a serious problem in Texas. Preemption ignores that a given societal problem can be worse in one of the member republics than in others. The E.U.'s doctrine of subsidiarity, wherein the lowest level of government in the federal system that can deal with a problem is preferred, gives the states the preference over the federal government. 

So too does the fact that the governors of the states sit on the European Council, which is roughly equivalent to the U.S. Senate, where senators can ignore their respective governments to vote in such a way that makes reelection more likely.[2] The interests of the citizens of Texas are not the same as the Texas Government. Given the change to popular election for U.S. senators, the member-state governments had no power at the federal level to stop the federalizing of health-insurance legislation (e.g., Obama's Affordable Care Act).[3] 

American federalism can be repaired and strengthened. I'm not sure how many people realize the extent to which the federalism has deteriorated. Even people such as Perry who have emphasized a more balanced federal system have advocated policies that would add to the encroaching consolidation. “In one of his more well-publicized shifts, Mr. Perry proclaimed that gay marriage was an issue for individual states to decide, but backtracked in [August 2011 and said] he supports a federal amendment banning gay marriage. He . . . also signaled support for various federal actions to restrict abortion rather than leaving the issue to states.”[4] The governor of a large U.S. state put an ideological agenda, even one that is popular with the Texas electorate, before his own warnings of political consolidation. If federalism is to be sabotaged even by its high-level advocates, the problem has indeed become intractable. 

More generally, if Republican office holders want to federalize “social issues” and expand the military-industrial complex while Democratic officials insist on federalizing health-insurance, housing, and food aid for the poor while both parties federalize large portions of criminal law, then not only is the federalism pushed further off from a federal-level/state-level balance, but also the blame can be pushed to others such that no party takes on the matter of fixing the federal system. Any given representative could claim that his or her desired federalization would not break the camel’s back (i.e., effectively keep the federal system from working given the consolidation). Don’t look at me; its the other guy.  

The truth may well be that no elected official at the state or federal level is truly interested in the long-term viability of the governance system; the motivation is more a function of what is politically expedient at the time. Each politician may authentically believe that his or her top issues should be made to apply to all Americans—in every member state. In terms of an enabling context, perhaps the American cultures had become too egoist and short-sighted to support the difficult decisions needed to repair the American federal system. In fact, the cultures may even have contributed to the problem itself being one of America's blind-spots. The result is that everything is federalized and the state governments can no longer operate as a check on the federal level. As each official is busy imposing what is most important to him or her on as many people as possible, the question needing to be asked may therefore be, who, exactly, is minding the store?

1. Rick Perry, Fed Up! Our Fight to Save America from Washington (New York: Little and Brown, 2010). A critique of Perry's book interpretation of federalism can be found in American and European Federalism, available at Amazon.

2. Since 1913, the American states have switched from their respective governments appointing U.S. senators to the popular election of them. If it still be claimed that the senators still represent their respective governments, then popular election sets up a conflict of interest. In my view, the U.S. Senate could strengthen the American federal system by having the governors represent their respective states, as is the case in the European Council. See Essays on Two Federal Empires: Comparing the E.U. and U.S., available at Amazon.

3. The U.S. Senate, like the E.U. Council would meet formally in summits and for occasional special purposes (e.g., confirmation hearings where necessary) rather than more often, given the workload of a chief executive and head of state. The Senate's staff, like its counterpart in the Council, and the respective staffs of the governors in the member-states would do much of the coordinating and other work.

4. Manny Fernandez and Emily Ramshaw, “As a States’ Rights Stalwart, Perry Draws Doubts,” New York Times, August 29, 2011. 

Luring Business: “Job Creators” in Texas

As of December 2012, Texas was giving out more financial incentives—mainly in the form of tax breaks and subsidies—to business than was any other American state. The government was handing out around $19 billion annually, while at least $80 million was being spent in the U.S. overall, according to the New York Times. Although at the time Texas had half of all the private-sector jobs created in the U.S. during the preceding decade, the Times points to “a more complicated reality behind the flood of incentives.” It cannot simply be assumed that good jobs will be created.

For example, Texas had the third-highest proportion of hourly jobs paying at or below minimum wage. In fact, Texas had the 11^th-highest poverty rate in the union. “While economic development is the mantra of most officials, there’s a question of when does economic development end and corporate welfare begin,” Dale Craymer of the Texas Taxpayers and Research Association said. In other words, one might ask how much the benefits from the financial incentive extend beyond the recipients themselves to the general public and Texas. Even though businesses cite “job creation” as a benefit of government help, one might ask what kind of job as well as how many?

That the government may have been relying on the businesses themselves or their “consultants” even as they would stand to gain suggests that a conflict of interest may have blurred the line between decision-maker and beneficiary. Indeed, political contributions from companies to re-election campaigns may have exacerbated the problem.

For example, Brint Ryan, a tax consultant specializing in finding incentives for large companies, was “a familiar presence at the state comptroller’s office . . . which must sign off on many tax breaks”—potentially blurring the line between beneficiary (agent) and decision-maker. He also donated $250,000 to Gov. Rick Perry’s ill-fated run for the White House. Texas had been largely bereft of financial incentives for big business when Perry became the head of state in 2001. He had smarted when Texas lost out to Illinois on a new Boeing plant and he was not going to repeat that mistake. Years later, he could point to expansions by Facebook, eBay and Apple in Texas. “They’re coming because it is given, it is covenant, in these boardrooms across America, that our tax structure, regulatory climate and legal environment are very positive to those businesses,” he said. This does not mean, however, that they deliver on well-paying jobs for Texans. There is also the opportunity cost to the government. As Texas spent more to lure big business, the education budget took a hit. Brint Ryan may have had Gov. Perry’s ear when students and even the poor probably did not.

In short, government officials engaged in industrial policy would be wise to distinguish corporate welfare from “economic stimulus.” The influence of money in the American political system doubtless created a conflict of interest blurring the line between the beneficiaries and the decision-makers. The temptation for policy makers might therefore be to lapse into corporate welfare at the expense of basic services. CEOs who are looking for financial incentives from the government as a way to make more money may claim that their respective companies are “job creators,” but the reality is that those companies are “profit creators” with jobs being a byproduct of sorts. The case of Texas suggests that market equilibrium may naturally be well short of full-employment. If so, government officials should not go overboard with the financial incentives in the mistaken belief that some full-employment market utopia is possible, even if providing corporate welfare does not hurt their own political welfare either.

Source:

Louise Story, “Lines Blur as Texas Gives Industries a Bonanza,” The New York Times, December 3, 2012.  

Achieving Balance in American Federalism: On the Crusade of Texas’ Rick Perry

As the governor, or head of state, of Texas, Rick Perry has been on a crusade to reinvigorate American federalism. Referring to the efforts of officials in the U.S. Government to secure the Mexican border, Perry said, “It is part of that frustrating paradox where Washington neglects their responsibility for areas clearly within their purview, while interfering in other areas in which they’re neither welcome nor authorized.”  The chief executive was pointing to a little-noticed point concerning the expansion of the domains in which the federal government is active.

The complete essay is at Essays on Two Federal Empires.

See Rick Perry, Fed Up! and the critique of Perry's book, Skip Worden, American and European Federalism: A Critique of Rick Perry's 'Fed Up!