When considering any law, legislation, bill, or any policy change, the first question should always be based on if the law is lawful under the constitution and the guiding principles of a republic. The second question should be at what tier of government will this new rule best be served with the full intention of always making sure that most laws and rules be at the bottom tier of government. At the bottom tier, the people have the most integration with law and are able to freely decide if they want to live in a place with those rules.
Liberty in a Republic
One of the foundations of liberty is a supreme or ruling law called a constitution. If a nation is ruled by a constitution, otherwise known as “Rule of Law,” then it is classified as a Republic. Republicanism historically has been the acknowledgment, protection and upholding of what are called “civil liberties.” Civil liberties are freedoms in which either everyone is benefited from the exercise of or only the individual is harmed who is using them. These are what are called “rights” and what Jefferson wrote were self evident and endowed on mankind by God. If the constitution that rules a republic contradicts the rights of man, it is in reality not a republic but another form of tyranny.
The constitution of the USA does well to uphold these God given rights by both explicitly outlining the rights, by forbidding tyranny, and by placing explicit limits on government, dividing government in to branches and placing the ability for each branch to check the other in their pursuit for power.
Tiers of Government are Critical
This constitution is not enough though to ensure liberty. What makes the USA so great is just found in the name, it is a collection of smaller, fully functional and independent republics. By having smaller republics within a republic, the top tier republic can have both more checks from the smaller republics as well as be limited in its scope and function. My more localized the problem, the less efficient and liberating it is for the higher tiered republic to get involved. In fact, citizens of the united republics should have almost zero contact, ever with the top tier republic unless they are being invaded or are in danger abroad.
But two tiers are also not enough for the maximum amount of liberty. Two more tiers are needed and maybe even three tiers if possible; these include county, city, and precinct level republics. Each tier of government, or each localized republic, down to a precinct, must be ruled by law upholding property and personal rights and freedoms and executing punishments duly appointed by the law of the land.
Every single law, regulation and policy at each tier of government or written by each republic broad or localized analyzed as part of every participating citizens personal platform and abolished or bumped down to the next tier if at all possible.
By pushing the majority of laws, ordinances, regulations and policies down to the more local level, it allows for more competition among the different republics which allows for efficient and needed installments to thrive and damaging and unneeded laws to disappear. This also allows for citizens to easily relocate to a place that better suits their desire for culture and strictness. If most social laws were at the precinct level, a citizen could easily relocate to a more desirable precinct. This is still true for cities, counties and states yet with each tier; relocation and personal choice often become less of a possibility for the average working member of society.
A Tale of Two Cities
As an example, we have the tale of two cities. On one end of the spectrum is Rexburg, Idaho. Home of one of the strictest private universities in the world in regards to social standards it controls clothing of its residents, it has strict curfews even for private businesses, it is made up of virtually 100% of residents who share the same faith and adwhore classically immoral social standards. On the other end of the spectrum is Las Vegas, Nevada. A place where anything goes, all hours of the day with a vast variety of religions and ethnicities and where vice is a primary money maker. At their individual tier of government, at the city or municipal level, their strict or lax laws allow for liberty to thrive. Yet if either cities laws and ordinances were adopted by the top tier, than one group or the other would be forced against their will with nowhere to turn to obey the other groups preferences. The people of Rexburg would be forced to allow riots business move in partying all night allowing all manner of vice and immorality completely against their will and yet if Rexburg won the day, those who wish to satisfy their carnal desire would have nowhere to turn by force, and force is one of the most immoral aspects of society there is altogether.
Liberty is Found in Federalism
In conclusion, federalism is a key tenant of liberty. When speaking of the separation of powers, do not overlook the separation that comes by establishing a pyramid of tiers down to the precinct when possible! Choice allows competition and competition is the fire that purifies and drives all that is good in a free society!