Instead of federalizing everything, America should settle more issues at the state level

At the time of this writing, the outcome of the presidential race is pretty close to being a coin flip. So what I write is not in any way influenced by who will win in November, since that is unknowable.

What is a virtual certainty is that on Nov. 6 roughly half the country will be full of joy, and the other half will be in a deep depression likely to last throughout the next four years.

Don’t be surprised if the anger and despair of the losing party spills over into prolonged violent protests — especially in the streets of the major cities. Politics in America is now — regrettably — a contact sport.

Whoever wins, America will be further ripped down its seams. Red- and blue-state America will even be more polarized. Don’t be surprised if half the country is near rebellion against the policies of either Kamala Harris or Donald Trump.

Patronizing speeches by the victor about being president of “all the people” and promises to “unite” will only pour salt in the wounds of the losing side. The Left will detest the Trump agenda. The Right will fight against every element of the Harris agenda. It will feel like an occupation for the 49% on the losing side.

We need to accept the unhappy reality that we are today the Disunited States of America. The U.S. is ideologically, culturally, economically more polarized than perhaps any time since the Civil War. The conservative half of the country is on Venus and the liberal half is on mars. Yes, there is a moderate/middle section — but the tails have grown more populated and influential.

We see in polls that more and more Americans don’t even want to associate with those with different political views. We are also becoming more geographically segregated — not on the basis of race or ethnicity or income but on ideology. Red states are getting redder. Blue states are getting bluer. In recent years, an estimated two million Republicans have moved out of states like New York for states like Florida, Texas and the Carolinas.

Given these realities, is there a way for us to “all get along”?

Fortunately, yes. There is a logical way to keep America “united” as one nation and to avert chaos and mayhem. Fortunately, this solution is entirely consistent with the Constitution and the Bill of Rights. For those who have forgotten, the 10th Amendment decrees that all powers not specifically granted to the federal government are reserved to “the states and the people.”

We need a radical return to federalism. We need to devolve powers back to the states.

We as citizens of all states are, of course, united by a common national defense, the commerce clause, which made America the largest and most prosperous free-trade zone in world history, and most importantly our inalienable rights as citizens as set forth in the Constitution and the Bill of Rights. A state, for example, does not have the right to pass laws that would violate a citizen’s right to free speech or peaceful assembly, or to discriminate against citizens on the basis of skin color or gender.

But given the schisms in society, most everything else is better decided at the state — not the federal — level. Issues related to transportation, taxation, education, environment, energy and business regulation belong to the states. Americans are then able to escape from policies they view as oppressive by moving to a state that conforms with their values and lifestyle decisions.

People in Mississippi or Utah have no problem with Californians charging a 13.3% income tax rate, enacting forced union policies, providing free health care to illegal immigrants, shutting down their power plants, abolishing gas stoves or plastic bags, or providing reparation payments to aggrieved groups.

New Yorkers shouldn’t mind if Texans impose no income tax, allow people to drive 75 miles an hour down the highways or regulate how cattle are bred.

What residents in red states like Montana and South Carolina object to is New Yorkers telling them how to live their lives.

We can under this framework have Harris policies prevail in blue states and Trump policies prevail in red states, and everyone goes away happy.

No harm, no foul.

Again, the federal government is still responsible for protecting the civil liberties and “inalienable rights” of ALL residents of the United States. There would be no bringing back Jim Crow laws.

Alas, this framework is exactly the opposite of what Democrats seek. If you examine the Biden and Harris agendas, the Dems are determined to FEDERALIZE nearly all policies, which forces all Americans in every state to live under the same sets of laws and policies. They want to nationalize union policies, environmental policies, energy policies, welfare policies, taxation and so on. They want to de facto toss out the ninth and 10th amendments altogether.

This inevitably leads to the tyranny of the majority, which now and after November will be a razor-thin majority dictating policies on all Americans. This tyranny will be even greater felt if either a victorious GOP or the Democrats overturn the filibuster rule of 60 votes to muscle sweeping legislation out of the Senate.

Amazing that some 250 years ago our Founding Fathers had exactly the right vision for keeping America united in 2024 and beyond.

Stephen Moore is a visiting fellow at the Heritage Foundation. He is also an economic advisor to the Trump campaign. His new book, coauthored with Arthur Laffer, is “The Trump Economic Miracle.”