Texas Senate Passes Resolution Reaffirming State Sovereignty, 20-11

AUSTIN, Texas (Apr. 17, 2015) – On Monday, the Texas Senate passed a resolution serving notice and demand to the federal government to “halt and reverse, effective immediately, its practice of assuming powers and imposing mandates and laws upon the states for purposes not enumerated by the Constitution of the United States of America.”

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Did the Civil War End State Sovereignty?

The short answer to your question is that the Civil War had no effect on state sovereignty and nullification, at least not legally. Some people may point to the Fourteenth Amendment as evidence that the federal government acquired expansive new powers over the states, but that argument doesn’t hold weight when scrutinized closely.

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Shining a Light on the 10th Amendment in Ohio

State sovereignty and the Tenth Amendment are getting some attention in the Buckeye State.

Ohio Rep. John Becker recently sent a letter to U.S. Congressman Brad Wenstrup in which he requested that his fellow republican initiate impeachment proceedings against Judge Timothy Black. Judge Black recently ruled (twice) that Ohio must recognize the marriage of same-sex couples despite (a) the lack of federal authority regarding the issue of marriage and (b) an amendment to Ohio’s Constitution which prohibits the state from recognizing or performing same-sex marriages.

(a) Congress has no enumerated power to regulate or define marriage. As such, the issue of marriage is reserved to the states per the Tenth Amendment of the US Constitution. Even the almighty Supreme Court admitted this in their recent opinion on DOMA.

(b) Article 15, Section 11 of the Ohio Constitution reads:

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State Governors Admit Feds Need State Help With Most Federal Programs

This so-called government shutdown has provided a lot of political theater and more than its fare-share of silliness. But state governors reaffirmed a very important fact in the midst of the lunacy.

The federal government depends on states to get things done.

The National Governors Association sent a panicked letter to congressional leadership on Monday, begging them to avoid a shutdown. In this email, the governors affirm something we’ve been saying for a long time – the feds need the states.

States are partners with the federal government in implementing most federal programs. A lack of certainty at the federal level from a shutdown therefore translates directly into uncertainty and instability at the state level. [Emphasis added]

Did you catch that?  Most federal programs.

That means the states have a great deal of power!

States can refuse to serve as cooperative partners and SHUT THINGS DOWN!

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