State Legislatures Strengthen the Constitution Via Nullification

On May 4, politicususa.com published “Republicans Shred the Constitution By Passing Unconstitutional Nullification Laws” by Rmuse.

This article is nothing more than worship at the altar of the All-Powerful National Regime. The author’s supposition is that Republicans despise the Constitution because many states have passed bills that nullify federal government laws and reject federal court opinions. It is my contention that citizens of the several states do not need to stand by and accept unconstitutional overreach of federal statutes and poorly reasoned federal / Supreme court decisions. As James Madison put it:

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. . . . The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. (THE FEDERALIST NO. 45, at 292-293 (James Madison)(Clinton Rossiter ed., 1961))

Rmuse’s primary contention is that any and all decisions by the federal government must be constitutional because they say so. Nothing could be further from the truth. All three branches, executive, legislative and judicial, are three limbs of the same power hungry tree.

In the second paragraph of the article, he makes some strange reference to secession petitions submitted after the 2012 election. These petitions, submitted through the White House web site, have nothing to do with nullification. Nullification acts are passed by state legislatures, petitions are submitted by individual citizens. He also said nullification started immediately after the 2012 election when, in fact, efforts began during in 1798 with the Virginia and Kentucky resolutions. Other nullification efforts began as early as 1832 during the Jackson administration. And if we are talking about the modern nullification movement, we can look back to the mid-1990s when California began nullifying federal prohibition of weed.

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Why Incorporation is Bad

The incorporation doctrine makes the provisions of the Bill of Rights to the United States Constitution applicable the states.

It wasn’t until 1925, some 57 years after ratification of the 14th, that the Supreme Court mystically found that the amendment bound the states to the Bill of Rights. Since then, America has increasingly become a nation governed by judiciary.

Why is incorporation bad? Can’t the Federal government do things so much better than the states? Vice President Biden believes so. When he was a Senator, he claimed: “…the reason the federal government got into 90 percent of the business it got into is that the state[s]…did not do the job.”

I disagree and say that it is strictly a power grab by the federal government via the courts.

I’m not going to delve into the Constitutionality of incorporation (more on that HERE), but instead focus on how individual liberty is lost when ultimate control is in Washington.

We perhaps see this most clearly in the issue of freedom of religion. The First Amendment clearly says “Congress shall make no law …” Congress obviously does not encompass the states. By allowing this amendment to apply to them, the federal government morphs into a one size fits all policy-maker destroying religious prerogative in the states.

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Federal and state politicians: Not so hot

On July 16, 2012, Sherrilyn A. Ifill published an article titled “Can State Leaders do a Good Job” at CNN.com. I contend this article is full of innuendo and devoid of proof backing up many of her statements. Her argument is in defense of a huge, overpowering central government just because states don’t do what she thinks is right.

Her first mistake is quoting the gaff master, then Senator and current VPOTUS Joe Biden, who will say anything just to hear himself talk. He claims “…the reason the federal government got into 90% of the business it got into is that the state[s]…did not do the job.” As the article progresses she refers to “doing a good job” as accepting all federal dollars offered, as if they came from some source other than the plunder of its citizens.

She specifically excoriates Gov. Perry of Texas for saying the state will not participate in the Affordable Care Act or Medicaid expansion. According to her, it is the government’s fault that 25% of the Texas population does not have health insurance.

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Federal leaders aren’t so hot either

On July 16, 2012, Sherrilyn A. Ifill published an article titled “Can State Leaders do a Good Job” at CNN.com. I contend this article is full of innuendo and devoid of proof backing up many of her statements.

Her argument is in defense of a huge, overpowering central government just because states don’t do what she thinks is right. Of course, she ignores the horrible leadership provided by our illustrious federal leaders over the years.

Her first mistake is quoting the gaff master, then Senator and current VPOTUS Joe Biden, who will say anything just to hear himself talk.

“The reason the federal government got into 90% of the business it got into is that the state[s]…did not do the job.”

As the article progresses, she refers to “doing a good job” as accepting all federal dollars offered, as if they came from some source other than the plunder of its citizens.

She specifically excoriates Gov. Perry of Texas for saying they will not participate in the Affordable Care Act or Medicaid expansion. According to her, it is the government’s fault that 25% of the Texas population does not have health insurance.

I suggest that the health care / health insurance problem is another pain inflicted on Americans by the central government which created the monster. When FDR instigated wage and price controls on the country during WWII, companies needed a means to keep and hire the best employees. They did this by offering expanded benefits which included health insurance. After the war, unions and government employees took this offering as a “right” and demanded healthcare coverage paid for by their employer. Businesses and governments mistakenly did not evaluate the future cost which has led many to bankruptcy – see General Motors and Stockton, CA.

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