By Jonathan Walters

The truly remarkable characteristic of American government is that it is made up of 50 sovereign states, all of which operate in something like concert under a remarkably resilient umbrella federal government. But “sovereign” only means sovereign inasmuch as states deserve to be left alone, platitudes about the sanctity of the 10th Amendment notwithstanding. When states behave in ways that evince contempt for the union and its principles — symbolically or in fact — then states forfeit the right to be left alone.

And so while the debate over the flying of the Confederate battle flag above the state capitol in Columbia, South Carolina, might seem to be irrelevant to other states, there are plenty of those with power and influence on the intergovernmental policy front who view the flag more broadly as a symbol of the most negative interpretation of “states’ rights.” And so any time state officials — whether they represent social service agencies, environmental departments or even state departments of transportation — feel tempted to rail at overbearing federal oversight, to complain about federal “mandates” or “preemption” or “activist federal judges,” they need to cast a glance toward Columbia.

They need to do that because the Confederate battle flag that flies over the state capitol is a reminder that states, left to their own devices, are quite capable of making very bad decisions, decisions that can have significant negative impacts on their own citizens as well as the citizens of other states living downriver or downwind. Whether it’s failing to ensure uniform access to the ballot box or ignoring the impact of smokestack emissions across borders, there are enough states that too frequently evince an inclination to put parochial interests over those of citizens and neighbors that the question of trust in state sovereignty remains open.

Trust is easily lost and it is hard won. And so the longer the debate over the Confederate battle flag drags on, the more difficult it will be for states to step up and claim their place at the intergovernmental table. The more difficult it will be even for the most creditable, well-meaning, competent and sincere state official to go to Capitol Hill and argue that responsibility for anything should ultimately reside in Atlanta or Trenton, Sacramento or Columbus.

That may seem unfair to those who believe that they suffer the intergovernmental consequences thanks to the actions of other states. But symbols have real power, and the Confederate battle flag is one of the most powerful symbols still flying over a state capital in this country.

Jonathan Walters is a staff correspondent for Governing.

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