If what you say is true, then the states have no jurisdiction at all, there is no need for state courts or state governments. I think there is a loss of understanding on jurisdiction. It might be easier to see it if we look at this like a business.
The people are the boss, the states are the middle managers and federal government are the guys on the bottom rung of the ladder. If the guy at the bottom does something wrong, the big boss does not step in first, the middle manager takes care of the problem. The big boss only gets involved when the middle manager cannot handle the problem.Based on your interpretation, middle managers (states) are useless because they have no power. I disagree.
Since you bring up the SC, I will assume the SC actually does its job correctly and properly interprets the Constitution, then the SC will NOT negate states decisions to exercise their rights to do what the people want. They will properly interpret the Constitution to be a limiting document and see the 10th as reserving the rights for the states and people. Therefore, when the states start things like nullification procedures, the SC will stand with the states and NOT the executive or legislative branches of the federal government. AGAIN - that is assuming they do their job correctly.
So, what happens if they do not do their job correctly? What if the SC says the nullification effort is unconstitutional? Do they states just kowtow? What remedy is left to fix the problem?
I agree that ultimate power lies in the people. The problem here is that the people themselves do not realize this. When it completely breaks down then it is likely time for massive civil disobedience. When I say massive I do not mean just one or two people from each state, I mean really truly massive. It has to be like the prohibition era where no one listened to the ban on alcohol. It got so big they had to change the constitution to get rid of the problem.
In that we both agree the power lies with the people and the 10th supports this stance - how do we educate the masses? Semantically I believe that you and I are on the same page. We may have a slightly different opinion on how our middle managers go about their tasks and ultimately, we both understand the power resides with the people. Surely, having blogs like this will help some when a person is searching for information, but often it seems like we are preaching to the choir. What kind of things can we do to help educate the general public on colossal scale?
@JimKearney @dmellon Asking the state legislatures to nullify unconstitutional federal laws is the rightful remedy because we must strengthen our state legislatures since they are the only current line of defense that we have. The legislatures will gain their power if they represent the will of the people. So as you ask how do we educate the general public on a colossal scale to support nullification?
My hope is that many states will nullify Obamacare creating what might be called a constitutional crisis that would have to be addressed by the MSM. That would provide the forum to educate some of the public. Keep in mind that currently about 30% of the population thinks the fiscal cliff is somewhere in the rocky mountains so when we talk about the general public we don't mean all the people.
When I read Madison's Report of 1800 on the Virginia resolutions of 1798 it changed my understanding of the relationship between the people, the constitution, and the members of the Federal Government. The main point is that the people of the various states having established the constitution are the final arbiters of its meaning. If the people say Obamacare is unconstitutional then it is and that decision cannot be reversed by the SC. Unfortunately Madison does not give us guidance on how the people can exercise this power. But certainly a starting point is by working through the state legislatures to pass nullifying laws. Then one can hope that the SC will be sensitive to overwhelming public opinion so if that can be achieved for these laws then perhaps they will prevail. If that strategy fails then the people will have to proceed without the support of the state governments using some process not yet defined.
@dmellon Ah, so then we do agree after all. The state's great awakening is taking place and they are acting appropriately to nullify federal law and protect their people as they should. I am glad to see that you have recognized the fat that power ultimately resides with the people and that if they state fails in its duty it is up to the people to do something about it.
It is that "not yet defined" process that I worry most about. Clearly civil disobedience of some sort will be involved. Often I look back at what is going in our country and wonder why the simple lesson of Liberty is not being taught in our schools any longer. The power of the people lies in knowing that in order to be free of the government one must recognize they are free of the government. I guess until that lesson is learned nothing else will take place.
Great conversing with you on the subject matter. Watch for the final installment, part 3, to be posted soon.