The state governments are now beginning in earnest to do something about the encroaching federal government. Way back in 1994 when the “Republican Revolution” was taking place in Congress the Republican Governors Association (RGA) “adopted” a sort of “declaration of independence” for themselves. From Congress we got the “Contract with America” and from the RGA…Details
In Part 1 of this series, I explained how our federalism works and how the powers were divided between the states and our national government. The details showed that the states were superior to the federal government on the hierarchy scale and that the 10th amendment protected that position whenever the federal government stepped outside…Details
What we are witnessing all around the country is a political revolution. As time goes by, the revolution will grow huge, into a massive historical event.
The people are beginning to understand what is going on, and are starting to take the necessary steps to reestablish their correct place and boundaries in our federalist system. After so many years of seeing the power usurped, it does my heart good to see steps finally being taken to correct that wrong.
Many times we hear people say that this country is a democracy. That is not true, we are a republic, and we use democracy as a means to pick our representatives in a federalist form of government. Somehow, people seem to conveniently forget that fact. So, what is federalism?
When our founders created the Constitution and established our federal government they did it on two planes, vertically and horizontally. Everyone gets taught the horizontal plane in school where we have the separation of powers between the various branches of government. Unfortunately, they are never taught the vertical plane which is where the whole federalist structure is set in place with a division of power between the national and state governments.Details
Recently, the Supreme Court ruled that Obamacare was constitutional.
The Administration takes this as a green light to implement ObamaCare to its fullest extent possible. Because the election went in President Obama’s favor, the Senate and House have lost any desire to overturn the law. Without the overturn, it looks like the law making Obamacare a reality is going to stand forever.
Or is it?
In order to make Obamacare work properly, as it currently stands, there are two mainstays of Obamacare that must be carried out on the state level. Each state must implement an insurance exchange and they must drastically expand Medicare according to the law. These two items of ObamaCare will cost the states untold millions of dollars to implement.
When federal law goes bad, it is up to the states to protect their citizens. The legal theory is called nullification. Nullification is the idea that any given state has the right to invalidate federal laws that they consider unconstitutional. Somewhere along the line the Supreme Court got it wrong in their reasoning. Accordingly, it is like saying that since the government has a stake in GM it can create a law that says we can only buy GM cars. If we buy any other type of car we have to pay an extra tax on it.Details
Kansas Representative O’Hara says that HR6021 (Opposition to NDAA) an important first step
In a hopeful attempt at interposition between the people of Kansas and the Federal Government, Chris Hong, wrote an April 25 article at L J World.com entitled “House committee looks at measure that advocates individual rights” that “The Veterans, Military and Homeland Security committee held a hearing on HR:6021, which opposes the 2012 National Defense Authorization Act signed by Pres. Obama. According to the resolution, the NDAA allows the ‘arrest, detention and rendition of American citizens without trial.’”
With a number of Kansans concerned that individual rights of Kansans (as well as those of people all across the United States) are under threat by the Federal Government’s NDAA measures – a reported “high number” of concerned people attended the hearing in the hopes of offering verbal support for HR:6021. In fact, it was stated that with testimony being limited to five minutes – it was still expected to require more than one session in order to hear everyone.
However, according to L J World, some leaders amongst the Kansas House believe that even if HR6021 should pass, the resolution wouldn’t have any effect on the Federal law. “It’s just a statement,” said Rep. Mario Goico, R-Wichita.
“It doesn’t change anything other than make a statement on what the position of the House is.”Details