States' Rights: Why Local Control Matters More Than Ever in America
As a fourth-generation Kansan with over 45 years in real estate development and brokerage across multiple states, I've seen firsthand how policies made in Washington, D.C., often miss the mark when they land in Topeka, Shawnee County, or rural Kansas communities. The principle of states' rights isn't some abstract constitutional debate—it's a practical safeguard for effective governance. The federal government simply cannot micromanage the diverse challenges facing 50 unique states. When it tries, we all lose.
The Constitutional Foundation
The framers of our Constitution understood this reality. They designed a federal system where the national government handles defense, foreign affairs, interstate commerce, and a few enumerated powers. Everything else—the vast majority of daily governance—was reserved to the states and the people under the 10th Amendment.
James Madison, the "Father of the Constitution," argued in Federalist No. 45 that the powers delegated to the federal government are "few and defined," while those remaining with the states are "numerous and indefinite." This wasn't an afterthought. It was a deliberate choice to prevent tyranny from a distant central authority and to allow states to respond nimbly to their citizens' needs.
One Size Does Not Fit All
Kansas faces different realities than California, New York, or even neighboring Missouri. Our economy, agriculture, energy production, education challenges, and infrastructure needs aren't the same. A federal mandate crafted in committee rooms hundreds or thousands of miles away often creates more problems than it solves:
- Economic Development and Regulation: Here in Shawnee County, we've fought for years over TIF districts, CIDs, zoning, drainage, and "shovel-ready" projects. Local leaders and developers who live here understand the soil, the water tables, the workforce, and the market far better than distant bureaucrats. Heavy-handed federal overlays—whether on environmental rules, housing mandates, or labor policies—can strangle projects that would otherwise create jobs and opportunity. I've watched good ideas delayed or killed by rules that make perfect sense in a coastal city but ignore Kansas realities.
- Education and Family Issues: What works for urban schools in major metros often fails in rural Kansas districts. States can innovate with school choice, vocational training tied to local industries like agriculture and manufacturing, or curricula that reflect community values. Federal "solutions" frequently come with strings, paperwork, and one-size-fits-all testing that diverts resources from actual teaching.
- Healthcare and Social Services: The opioid crisis, mental health (a legacy concern in our area post-Menninger), and rural hospital access look different in Kansas than in dense population centers. States can tailor responses—whether through Medicaid flexibility, local treatment programs, or prevention strategies—without waiting for Washington to catch up.
- Agriculture and Energy: Kansas is a breadbasket and energy producer. Federal policies on land use, water rights, or emissions too often prioritize national (or international) goals over the practical needs of our farmers, ranchers, and energy workers who feed and power the country.
When the federal government overreaches, it substitutes elite consensus for local knowledge and accountability. Citizens can more easily influence their state representatives and county commissioners than a faceless agency in D.C.
The Laboratories of Democracy
Justice Louis Brandeis famously called the states "laboratories of democracy." Successful experiments spread; failures stay contained. We've seen this in action:
- States leading on criminal justice reform, welfare-to-work programs, tax policy, and regulatory relief.
- Kansas and other heartland states demonstrating fiscal restraint and pro-growth approaches that contrast with high-tax, high-regulation models elsewhere.
This competition drives better outcomes. It encourages states to attract residents and businesses rather than repel them through poor governance. Look at population and economic migration patterns—people and capital vote with their feet toward places that get the balance right.
The Costs of Federal Intrusion
Overreach breeds inefficiency, resentment, and unintended consequences. We've seen it in unfunded mandates, convoluted permitting processes that delay housing and commercial projects, and regulations that ignore local topography, weather, or culture. In real estate, this translates to higher costs passed on to tenants, buyers, and taxpayers. It discourages investment in places like Topeka that are working hard to revitalize and grow.
Federal dominance also erodes self-reliance. When Washington tries to be everything to everyone, states abdicate responsibility, and citizens feel disconnected from decisions that shape their daily lives. This fuels the very cynicism and negativity I see too often in local discourse.
A Call for Renewed Respect for States' Rights
I'm not advocating anarchy or nullification. The federal government has vital roles—securing the border, maintaining a strong national defense, ensuring basic civil rights, and facilitating interstate commerce. But it must respect its constitutional limits.
For Kansas and Shawnee County, this means pushing back against unnecessary federal dictates while strengthening our own institutions. It means electing leaders at every level who prioritize local solutions, transparency in incentives like TIFs and CIDs, infrastructure readiness, and putting Shawnee County first. It means supporting policies that let communities like ours experiment, adapt, and thrive based on what works here.
As someone who has lived and worked in multiple states—from California to Florida to Colorado—I can tell you: the beauty of America lies in its diversity of approaches under a shared constitutional framework. Centralized power threatens that. Respecting states' rights protects it.
What do you think? Share your experiences with federal vs. local governance in the comments. Let's keep the conversation going—because the strength of our republic depends on getting this balance right.
Henry McClure is a licensed Kansas real estate broker and founder of MCRE, LLC in Topeka. Follow for more on local development, economic growth, and practical conservatism.
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