Federalism & State and Local Authority
FEDERALISM & STATE AND LOCAL AUTHORITY
PROPOSED / DRAFT — STATES STAY IN CHARGE, WITH A HIGHER BASIC STANDARD
States should remain in charge of their own schools, roads, police systems, licensing, local services, and other responsibilities that the Constitution does not give to the federal government.
Washington should not run every state the same way. Nebraska, New York, Texas, and Maine have different populations, economies, and local needs. States should be allowed to choose how their programs work.
However, state sovereignty does not allow a state to violate the Constitution, deny equal protection, hide public results, or provide dangerously weak basic protections.
WHAT THE NATIONAL GOVERNMENT MAY DO
When the Constitution gives the federal government authority, Congress may establish a basic nationwide minimum. Examples may include constitutional rights, due process, accurate public reporting, interstate commerce, food and medicine safety, interstate pollution, cybersecurity, trafficking, and security standards for federal elections.
A national minimum is the lowest acceptable result. A state may create stronger protections or use a different method, but it may not fall below that basic result.
CONGRESS MUST EXPLAIN ITS AUTHORITY
Every proposed federal requirement must state:
Which part of the Constitution authorizes it
What national or interstate problem it addresses
Why the matter cannot be handled adequately by individual states
What it will cost states and taxpayers
How success will be measured
When Congress will review it
Congress must pass major national policies itself. A federal agency may carry out a law, but it may not invent a new law that Congress never approved.
WASHINGTON SHOULD NOT SEND STATES AN UNPAID BILL
If the federal government orders a state or local government to operate a substantial new program, it should provide the necessary funding or identify a direct and compelling constitutional reason why the state must pay.
Federal officials should not gain political credit for a program while forcing state and local taxpayers to cover an undisclosed cost.
STATES MAY USE DIFFERENT METHODS
States do not have to copy one federal program design. A state may use its own approach when it meets or exceeds the lawful national minimum.
All states should report results using common, understandable measurements so citizens can compare cost, quality, safety, and performance. A different method is acceptable; hidden or misleading results are not.
If a state falls below a lawful minimum, the first response should normally be notice, public reporting, technical assistance, and a reasonable correction period. Stronger enforcement is appropriate for continued refusal, fraud, misuse of funds, or violations of constitutional rights.
Federalism
Services that do not require national uniformity should be evaluated for possible transfer to:
states;
local governments;
private providers;
competitive regional systems.
Federal government should not operate a service merely because it has historically done so.
Worker Transition
When major government operations are privatized or eliminated, affected employees should receive reasonable transition assistance.
This may include:
advance notice;
retraining;
transfer opportunities;
preferential consideration by successor contractors where appropriate;
preservation of lawfully earned benefits.
Reform should not require maintaining unnecessary institutions forever, but government should manage transitions responsibly.
Related policies: Constitutional Government & Separation of Powers; Public Benefits Administration & Portability; Government Operations, Competition & Public Assets.
Status: Proposed / Draft — not yet formally adopted.
Originally published: August 15, 2026.
Last updated: September 25, 2026.
Version: Draft 0.1.