Video: The Liberty Song (The 56 Men)

cross-posted from the Pennsylvania Tenth Amendment Center

According to wikipedia,

“The Liberty Song” is an American Revolutionary War song composed by patriot John Dickinson, the author of Letters from a Farmer in Pennsylvania.  The song is set to the tunes of “Heart of Oak”, the anthem of the Royal Navy of the United Kingdom and “Here’s a Health”, an Irish song of emigration.  The song itself was first published in the Boston Gazette in July 1768.

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States quietly throwing wrenches into health care implementation

James Madison outlined the blueprint states can use to resist unconstitutional federal overreach in Federalist 46.

Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.

It appears state resistance to the Patient Protection and Affordable Care Act could create just the kind of impediments Madison envisioned.

The New York Times reports state lawmakers in New York have managed to block the state from seeking federal grants needed to set up health insurance exchanges. Gov. Andrew Cuomo proposed forming the necessary exchange, and the Democratic Party controlled State Assembly approved the plan, but the Republican controlled Senate refused to take up the measure before adjourning the regular session in June and lawmakers appear in no hurry to return the Albany.

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The Congress shall have power to enforce.

This dreaded clause was placed into the fourteenth amendment which basically destroys a states ability to interfere with the fourteenth amendment since any state law that attempts to do so will simply be overridden by a federal law that was made in pursuance of that particular power. The same clause also exist for amendments thirteen, fourteen, fifteen, eighteen, nineteen, twenty-three, twenty-four, and twenty-six which makes it impossible for states to interfere or legitimately enforce those particular amendments because any federal law that does so would be superior to a state law that attempts to do the same thing. This means that states can’t enforce these amendments in any meaningful way since any federal law that does so would override any state law made with the same power and this may seem like an argument against state nullification but it actually provides the strongest justification for state nullification.

When the people who wrote those amendments gave that power to the federal government they established that the power to enforce the constitution legislatively does exist. It can not be denied that such a power exists because it is plainly written into it so the only question left is who has that power. Is it the states or the federal government? It is clearly given to the federal government for those amendments listed above but where it was not delegated to the federal government it is squarely reserved to the states. The federal government only has the power to enforce those particular amendments but where that power was not delegated to the federal government and/or where it is not prohibited by the constitution then that power rightfully belongs to the states. The power to enforce the constitution has not been denied to the states by the constitution and the federal government only has that power for a few sections of the constitution which means that under the tenth amendment states have the legal ability to enforce the constitution where it has not been granted to the federal government.

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