During consideration of the Budget Resolution for fiscal 2022 (Senate Concurrent Resolution 14), Senator Josh Hawley (R-Mo.) introduced a misguided amendment to fund the hiring of 100,000 new local police officers nationwide with federal money. Even though Hawley’s amendment was passed by the overwhelming bipartisan majority of 95-3, it is misguided because it is in conflict with the system of federalism that the Founders bequeathed to us. Since the Constitution does not grant Congress the power of creating and funding local police departments, the 10th Amendment tells us that this power is reserved to the states and to the people.
The Senate adopted Hawley’s amendment on August 11, 2021 by a vote of 95 to 3 (Roll Call 345). We have assigned pluses to the nays because the Constitution does not grant to Congress the power to hire and/or control local police officers.
