Speaking of freedom - an update from Senator Fielder

Speaking of freedom, Montana received a rare visit from Supreme Court Justice Antonin Scalia last week. He appeared by invitation of the Federalist Society, a national organization that is “committed to the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.”

It was surprising how down to earth Justice Scalia was. He didn’t look or act “supreme” at all. He said a lot of things, but the one that stuck out the most was this: The states cannot keep running to the Supreme Court to solve our problems for us. We have to stand up for ourselves. I recall chief Justice Roberts penning very similar words in the Obama Care ruling last year which practically scolded us when it read, “States are separate and independent sovereigns. Sometimes they have to act like it.”

Why is this important? Well, do you think New York, Florida, or California should rule over the people here Montana simply because there is more of them than there are of us? Of course not. They probably don’t have any idea what’s important to Montanans, nor would they care.

Consider that California has 55 of the 535 seats in the U.S. Congress. In stark comparison, Montana only has 3. The number each state gets is based on population. Rural states like Montana don’t stand much of a chance in Washington DC.

Fortunately, our founders guaranteed each state a Republican form of government, meaning we largely rule ourselves. The federal government is limited to certain enumerated powers defined in the Constitution, and beyond that the people of each state hold the authority to elect their own governor, legislature, judges, and enact our own laws. Thank goodness, because I don’t think Californians would want to be ruled by Montanans any more than Montanans would want to be ruled by Californians!

In order to maintain the right of self-governance, the people, congress, courts, state legislatures and even our cities and counties must understand our jurisdiction and role in the separation of powers, and in the checks and balances system so brilliantly designed by our nation’s founders. It takes effort and, at times, courage. But it’s a lot better than being ruled by a dictator isn’t it?

So when the President of the Montana State Senate called upon me the other day, I accepted an assignment to help protect our state sovereignty. The invitation read, in part:

“In an attempt to address the balance of our nation’s unprecedented governing partnership, the State of Utah created the Commission on Federalism, consisting of seven members from both parties of the Utah State Legislature. The commission will collaborate with other States to study the rights, powers, and authority of States to serve as a check on the power of the federal government. We hope to establish a process through which states can work together and, with their congressional delegations, identify and address actions by the federal government that encroach upon the powers that have been reserved to the States and the people.”

The Council of State Governments will convene the Federalism Task Force in Kansas City. I hate flying. And I hate leaving Montana. Especially during elk archery season. But I will honor my oath to support the Constitution, I will heed the words of Justices Roberts and Scalia… and those too of founding father John Dickinson, who wrote, “It will be their own faults if the several states suffer the federal sovereignty to interfere in the things of their respective jurisdictions.”

If you would like to get in touch or help me achieve better government, not bigger government, please email: sen.jfielder@legmt.gov