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Changing the Constitution
pelled State governments to adopt and administer Federal programs.
Federal funds are awarded for compliance or withheld for lack of cooperation from a State. States that do not comply ‘‘lose’’ Federal money
given to other States. The result of this policy has been to diminish greatly
the power of the State governments to make their own decisions, so shifting the political structure of the United States toward centralization, and
toward policy-making by an elite of central administrators, rather than
through the established processes of a democratic republic.
A recent example of how Federal grants may be used to ‘‘bribe’’ or
compel State governments to obey Congress’s will—or perhaps the will
of lobbyists in Washington who bring pressure to bear upon members of
Congress—is the requirement that State governments must make the use
of seat-belts in all automobiles compulsory, on pain of losing Federal
funds for highway-building if a State fails to comply. In the past, States
have also run the risk of losing Federal highway funds if they refused—
as did California—to require motorcyclists to wear helmets. Such concerns formerly were regarded as falling wholly within the established
police powers of the States. When many such decisions no longer can be
made statewide or locally, but are determined in Washington by Congress, executive administrators, or interest groups—then it would seem
the original federal plan of government has given way, for the most part,
to a centralized political scheme not contemplated by the Constitution.
But for the Income Tax Amendment, Congress would not have the financial resources that make these intrusions into the domain of State power
possible.
g . a m e n d m e n t x v i i (1913)
The Senate of the United States shall be composed of two Senators from each
State, elected by the people thereof, for six years; and each Senator shall have
one vote. The electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the
executive authority of such State shall issue writs of election to fill such vacancies; Provided, That the legislature of any State may empower the executive