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States Must Exercise Their Authority

The Louisiana (LA) 2024 legislative session introduced SB 133. This bill makes it clear no international organization such as the United Nations (UN), World Health Organization (WHO), and World Economic Forum (WEF) interferes with the business of the state. Well done to LA for taking this step to protect their institutions and people.


However, states must also protect themselves from departments and agencies within our own federal government. The founders knew the importance of separate but equal and devised a constitution and bill of rights for this purpose. As discussed in several Federalist Papers, the foresight expressed to understand how the federal government could grow and overtake the authority of states is intuitive. Unfortunately, we are close to having an overzealous goliath sized federal government.

 

One push back states must make is on the U.S. Department of Education’s recently released rule regarding Title IX. It’s scope is intrusive and claims to address discrimination while referencing Education Amendments of 1972. A point that must be understood is this is a rule made by a department under the Executive branch. The Legislative branch has the constitutional authority for creating and passing laws. This is not a law. It is a rule which does not carry that same weight.

 

To date several states, FL, LA, TX to name a few, have filed lawsuits. If not a law, then why the lawsuits? There are various reasons, but one reason is the ever-present non-compliance threat of withholding federal funding. States must not succumb to the carrot and stick way of doing business. Reality is all states consent to various programs and accept federal dollars, but they must reverse course. This will not be an easy action to take. Federal dollars are equivalent to taking drugs. Once states take the money, they are hooked and can’t stop. They continue to go back to the supplier and ask for more and more.

 

Government must face the reality that they are not and should not be all things to all people. Individual choices continue to diminish with every new action taken by government. The federal level must grasp that they have limited authority. For example, the authority to ensure legal commerce is not restricted to cross state lines. The authority to mint our form of currency. The authority to defend our nation, which maybe should be a focus vs. diluting Title IX.

 

It is the responsibility of states to step up and formulate an argument based on the 10th amendment, which gives them the right to be unique. States have different constitutions, topographies, climates, industries, populations, and more. One example is LA is the only state in the union that operates on a legal system based on French law. The other 49 states operate on a system based on English law.

 

Each state has a combination of natural and intentional characteristics, which makes them worthy of self-governance. Education is not a federal issue, should not be a federal department, and didn’t exist until 1979. And most importantly, the department should not be dictating to each state a one-size-fits-all model. Governors must show courage through exercising their constitutional authority, using the 10th amendment, to make decisions for the betterment of their state. They owe this to the people who elected them to manage the business of the state. And education is a business – big business.


Author Karen Hiltz, EdD, is a speaker and author from Sebastian, FL. Dr. Hiltz is a Navy veteran, retired federal procurement professional and former professor of business and public school board member. She has a BA and MBA in Management and an EdD in Leadership Studies.



  • Louisiana SB 133

  • United Nations

  • World Health Organization

  • Constitution

  • Bill of Rights

  • States Rights

  • 10th Amendment

  • Department of Education

  • Title IX

  • Transgenderism

  • federal funding

  • federal powers

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