Last week, you sent out an opinion editorial full of fois-pas and straw man arguments in support of the SAVE America Act. While most South Dakotans, particularly on the Conservative side of the aisle, believe in states’ rights, the SAVE America Act is unbridled Federalism that undermines States’ sovereignty to govern themselves, under the guise of a perceived “lifeline” the country must grab to avoid imminent destruction. 

The reality is that, while you strive to achieve your highest value of “common sense,” you prove Voltaire’s immortal words: “Common Sense is not so common.” You claim that the “other side” is fear-mongering while leaning on the highest value of fear to push legislation that violates States Rights and the Constitution. 

I agree with you, and I recognize the validity of the spirit of some of the actions in the SAVE America Act. Election Integrity is not only important, but it’s paramount to the freedom and security of our Nation. However, we live in the Constitutional Republic of the United States first and foremost, and that means that the States, not the Federal Government, get to determine how individual Statewide Elections are held. Article 1, Section 4 of the Constitution granted the States primary authority over their own elections.

Among other things, it is the States – not the Federal Government – who should be and have been deciding voter identification, voter eligibility, as long as they are the same as the requirements for electors of the most numerous in-State Legislature, and the methodology for how elections are held. You quote the lack of Federal Law while completely misrepresenting the point – there shouldn’t *be* Federal Law telling the States how to conduct their elections. 

Currently, there is not a single State in the Union that allows non-citizens to vote in a State-wide or Federal Election. Which means, unless redundant laws somehow make us safer, this is more about making political grandstanding than actually solving issues that matter. “Stolen Elections” aren’t the work of illegal immigrants- they’re the work of corrupt politicians, poorly overseen poll workers, and potentially unsecured networks that corporations with political interests sponsor. Notably, the Heritage Foundation (a notable, strong, right-leaning organization) has found that there has been no discernible impact of illegal immigrants in elections, with only 77 instances of illegal immigrants voting between 1999 and 2023.

Going a step further, the political wrangling of Election Integrity and Gender Ideology into the same bill to pass and fail together is gamesmanship of the highest level. The issues themselves are so far apart that they should have been discussed and voted on separately from the beginning.

Furthermore, I agree in spirit with a flavor of your point made about radical gender ideology. I think that women’s sports need to be protected from athletes who were born with the biological advantages of being part of the male sex. I disagree, however, that in a nation currently plagued by nearly 40 Trillion Dollars of Federal Debt, a War in Iran, unsecured alliances in NATO, astronomical concerns about Social Security and Medicare, an overflowing Federal Prison System, and the current nightmare bureaucracy that manages our Federal Agencies that something that should be decided and debated by local school boards and larger athletic organizations is still somehow taking the valuable time of our highest level politicians.

We are a Republic of 50 semi-sovereign and different peoples that cannot and should not be painted by the broad brush of Federalism outside of the current Constitution. 

The 10th Amendment specifically says that powers not given to the federal government by the Constitution- or prohibited to the states- belong to the individual states or to the people. You can’t be a Conservative on one hand and a Federalist on the other. 

We are a Nation full of problems, and that’s not a unique problem to America. However, these problems need to largely be solved at the State level- because what works in California or New York might not work in South Dakota… and it shouldn’t be expected to, but your brand of Federalism thinks it will. 

I remind you, Senator Thune, that if it were Democrats in charge of the House, Senate, and White House, you would likely be a pretending champion of States Rights against Federalism. Unfortunately, you seek to use your current power to strengthen the Federal Government. You will regret these tactics when the power inevitably shifts.

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