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It’s Time for Statehouses To Take a Stand

May 4, 2010

If this country wants to avoid collapse, chaos and violence at least 2 things have to happen — and soon.

(1) States need to reassert control over all powers not specifically designated to the Federal Government (this will make “following the money” much easier without the Federal Government laundering it through various entitlement programs and then giving the money back to the state politicians as a form of “payback” for not asserting state sovereignty).  States need to regain control of their own fiscal solvency and for the welfare of the people in their state and not shirk their responsibility by hiding for cover underneath the skirts of the Federal Government.

(2) the books need to be wiped clean of laws that divide the people into special interest or have and have not groups.  A crime is a crime is a crime.  And no person is “more equal” than another. 

If these two things don’t happen, I predict a very bumby ride.
Right now, there’s no shortage of  resentment toward government, most of it justified. Last year the Tea Partiers made an impact when 1,000,000 or so persons decended on washington to express their resentment towards government tyranny and taxation. 
In the Declaration of Independence Thomas Jefferson wrote that the people have the right to abolish any government that’s hostile to basic liberty. Several states are taking Jefferson’s words to heart, which is most recently seen in states rejecting national healthcare, and Arizona implementing their own border security laws.

It is high time that state legislatures step up to counter the federal government’s fiscal irresponsibility and blatant disregard for constitutional limitations.

The Founders themselves would be pleased, as evidenced in the language of the Ninth and Tenth Amendments. The Ninth recognizes federal authority but explicitly denies overt power to the central government in all areas not specifically delegated. The Tenth declares that all powers not expressly granted to the United States, or prohibited to the states, remain with the states and the people.

Our forefathers obviously intended a federal government that served the states and the people, not one that ruled over both. For the states to “delegate” any powers to the central government, via the constitution, they must retain all powers not granted to the United States.

States have previously exercised this option. Jefferson’s Kentucky Resolutions (1798) decried what was viewed as the central government’s unconstitutional assumption of power. Jefferson noted that any federal adventure into areas not authorized was an assault on state sovereignty. Therefore, the states had every right to declare those extensions “void and of no force.”
For example, commenting on the over-extension of federal authority, Mr. Jefferson wrote in the Eight Resolution:

Where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy . . . every State has a natural right . . . to nullify of their own authority all assumptions of power by others within their limits.

The return of constitutional government begins in the Statehouses. State legislatures can draft resolutions rendering unconstitutional federal intrusions upon personal liberty and state sovereignty “void, and of no force.” States can refuse to enforce unconstitutional measures within their borders.

States might also want to start separating their state finances from the national arena. 

Adapted in part from anthony w. hager

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