cross-posted from the Oregon Tenth Amendment Center
I was talking to a friend of mine and we were discussing the recent Bond ruling that recognizes individual standing to claim Federal 10th Amendment violations when defending in Criminal Court. I referenced the fact that the Federal Govt. shouldn’t be allowed to try cases of constitutional law anyways (since they are, in effect, deciding their own case which any layman can tell you is inconsistent with justice). He promptly replied, “Yeah they should try it in State court” very sarcastically – as if that was unthinkable…… Is it?
Well, turns out this is a lot to think about. It makes no sense for either the state that is a party to the dispute, or the Feds, to be the court in which this case is heard, as they are both parties to the case. This brings us to the question, “If not the Feds, then who?” The other parties to the Constitution are the alleged victims. If the Feds believe a state has violated the Constitution, the appropriate remedy is a “Class Action” lawsuit with the other states, to decide if they want to pursue redress. The Feds (who, after all, are simply agents of the states) have no claim whatsoever. They have not been wronged.Details