Language Should Be For Communication, Not Control

The people we elect and the ones who they appoint cannot be allowed to redefine the meanings of the very words that are intended to limit their power. If they are, then language becomes their tool for controlling us. If they have this tool, they will use it. There is only one answer. The language of the Constitution means what it meant when it was ratified. Any attempt to alter the meaning of the language of the Constitution is, fundamentally, a power grab which must be rejected. If the government really believes it needs a new power, the Congress can submit a Constitutional amendment to the states for ratification. There is no other Constitutionally valid method for the federal government to increase its power and the states and the people must learn to insist that the Constitution be followed – to the letter.

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Should ALL laws be enforced? Madison said NO!

In a day and age when the federal government is despised, out-of-control and has so many laws on the books that it makes your head spin, there is at least one ‘conservative’ who is concerned that the federal government isn’t dishing out enough law and order.

In a recent post at the conservative legal blog Volokh Conspiracy, Todd Zywicki finds it appalling that the Department of Justice is celebrating the fact that the Defense of Marriage Act was declared unconstitutional by the Supreme Court. He doesn’t feel this way because of his opinion on DOMA, but rather he is concerned that the law is being disrespected by the Obama administration.

“I am clearly not alone in being concerned about the unwillingness of state and federal officials to defend the duly-enacted laws of their states. Indeed, refusing to defend the law and acquiescing in an adverse judgment against it seems tantamount to a retroactive veto by the Executive Branch. If Eric Holder is ‘delighted’ that the law is invalid, wouldn’t the appropriate response in our system of government be for the President to propose the repeal of the law with which he disagrees, rather than effectively retroactively vetoing it?”

Zywicki has a point about the law being disrespected by the Obama administration. From drone murders, to illegal surveillance, to arming drug gangs as a pretense to curtail gun rights, to funding Islamic extremist dictators, the Obama administration has made a complete mockery of the rule of law in America. But the recent DOMA ruling isn’t the case to complain about. Whether you support the decision or not, the idea of state non-compliance with federal laws shouldn’t be on trial here. The problem with our country clearly isn’t the fact that too many states have rebelled against the edicts of the federal government. On the contrary, it has been the states routinely jumping into the federal snake pit that has gotten us into this mess.

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Sheriff to the Feds: You are on Notice

News outlets in El Dorado County, California, report that a county sheriff has stripped state law enforcement authority from the US Forestry Service.

Sheriff John D’Agostini made the move in response to a high number of complaints coming to his office. He will not go into details about the complaints received, but says he gave the US Forestry Service plenty of opportunity to respond to the complaints.

“The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”

The sheriff has sent a letter to the US Forestry Service stating officers will no longer be able to enforce state law in his county.

“The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”

CBS 13 in Sacramento contacted a law professor to ask him if the sheriff’s actions are legal.

“Looks to me as though the sheriff can do this,” he said. “They don’t have state powers in the first place, but essentially the sheriff can deputize individuals to have authority in his or her jurisdiction.”

Fact: federal agencies do not have state powers. Due to the Constitution’s structure of dual sovereignty, the feds have no authority to enforce state laws. Furthermore, states cannot be compelled to enforce federal laws.

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The Florida NAACP Embraces State-Based Solutions

“No we don’t trust the legislators, No we don’t trust our government in Florida or DC either, to do the right thing,” said Adora Nweze, president of the Florida State Conference of NAACP.  The group started a mobilization process in response to the Supreme Court ruling that found section 4 of the Voting Rights Act to be unconstitutional.  The plan includes educating voters and contacting law makers who will now control what ever new voting rules are created.–WWSB My Suncoast news story

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When I heard this story  on the radio my first thought was , “A light went on at the NAACP!”

This statement by Florida NAACP president Adora Nweze could have been made by any Tenther or liberty person discussing the proper role of government and the lost federalism of the ratifiers.

Ms. Nweze went on.

” the Supreme Court ruling is “a step back,..   We will require we roll up our sleeves and get busy making sure that our governor, our state legislators and our congresspersons understand the role each of them has in ensuring that this decision does not throw us back to the 60s.”

No rational person feels anything but repugnance  towards Jim Crow laws. I also doubt that a return to those days has any chance of occurring. Tenthers and liberty people would be among the first to join against such laws and move against the state if even the shadow of Jim Crow hinted of a comeback, state sanctioned or otherwise.

This SCOTUS decision is not in fact a step back, but a step forward in what must be a long term reclamation of federalism–keeping the federal government and its courts restrained to their  enumerated powers; leaving to the states the vast residuary mass of  infinite powers reserved to them.

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