State Powers Under the Constitution

The Constitution and the Tenth Amendment make clear: powers not granted to the federal government belong to the states or the people.
States control elections, schools, property law, family law, policing, and most criminal law.
States also can form militias (the National Guard is the modern form).
States have a direct role in amending the Constitution: two-thirds of Congress or two-thirds of state legislatures can propose amendments, and three-fourths of states must ratify them.

In short: states were designed to be co-sovereigns, not subordinates.

What the Federal Government Actually Allows

In practice, Washington has turned “states’ rights” into conditional privileges:

Federal funds are tied to requirements (education, healthcare, infrastructure).
States are told they are “free” to decide on certain policies, but federal law or funding strings undercut that freedom.
Even when courts speak of “state sovereignty,” Congress and federal agencies often override states through regulations and mandates.

The Myth of “States’ Rights”

Politicians invoke “states’ rights” selectively:

They champion it when pushing issues Congress doesn’t want to legislate on directly.
But when states assert independence on issues like marijuana laws, gun rights, or environmental regulation, Washington finds ways to overrule or pressure them.
This isn’t balance — it’s permission dressed up as autonomy.

Amending the Constitution

Congressional Route: Two-thirds of both houses of Congress must agree, then three-fourths of states ratify.
State Route: Two-thirds of state legislatures can call for a constitutional convention, though this has never been fully used.
The framers gave states this mechanism to push back if Washington overreached — a tool largely unused today.

State Militias and the National Guard

Originally, states controlled their own militias.
Today, the National Guard is considered the state military. Governors command them day-to-day.
But the federal government can federalize the Guard — calling them into national service, sometimes against the wishes of governors.
This blurs the line: a state’s “military” can be taken away by Washington at any time, undermining true independence.

Child Support Enforcement: A Federal Incentive

Child support laws are state-level family law, yet Washington has tied them to federal incentives.
States receive federal funds when they enforce collections aggressively.
The result: systems that focus more on maximizing collections for funding formulas than on helping families and children.
It’s another example of how Washington uses money to reshape what should be state-driven policy.

Federal Leverage Through Funding

Federal dollars touch almost every sector:

Education: States follow federal curriculum standards and testing rules to receive funds.
Infrastructure: Highway money comes with rules (speed limits, drinking age, etc.).
Agriculture: Farm subsidies reshape state farming priorities.
Energy: Federal regulations override state choices on power generation.
Health: Medicaid and healthcare funding force state compliance with federal conditions.

This creates a cycle where states rely on federal cash but lose independence.

Giver States vs. Taker States

Not all states are equal in the federal balance:

“Giver” states (like New Jersey, Massachusetts, and California) send more tax money to Washington than they get back.
“Taker” states (many in the South and rural Midwest) receive more than they contribute.
This imbalance weakens resistance: states most dependent on federal aid are least able to push back.
The states that pay more than they receive hold the real leverage — if they coordinated, they could demand a rebalancing of power.

Why This Matters

State power is supposed to be a check on Washington and a shield for citizens. Instead, it has become conditional, transactional, and often illusory.

Federal money has become a chain of control, not a partnership.
The more dependent states become, the less freedom citizens have at the local level.
Recognizing this imbalance is the first step toward reclaiming the balance of power the Constitution promised.