Courts aren’t the final arbiter

Opponents of state sovereignty and the states’ power to nullify unconstitutional law argue that federal courts have held nullification unconstitutional.

Jillian Rayfield, in a brilliantly unbiased article *insert sarcastic tone* on TMPDC.com writes:

This “tenther” group touts state sovereignty and nullification — the idea that a state can override a federal law it deems unconstitutional (a notion that has been consistently rejected in federal courts). (Emphasis added)

But doesn’t it seem a little fox guarding the henhouseish to deem a branch of the federal government the final arbiter of what is or isn’t Constitutional? Can we really expect agents of the federal government to protect the states and the people from federal tyranny?

Details

The Tenth Amendment and the Supreme Court

As the Tenth Amendment becomes the platform to stop an over reaching federal government, do we trust the Supreme Court to be a fair arbiter?

The Supreme Court, according to many constitutionalists, has been delinquent in its responsibility to protect the intention of the U.S. Constitution. Many past Supreme Court decisions have become bad precedent, and that bad precedent continues to be the bases for big government advocates to site as a justification for a continued trampling of state, and individual rights.

People that believe the constitution is a “living document” historically have utilized the commerce clause to feed their insatiable quest to trample individual and state’s rights. The constitutional clause under section 8 of the powers delegated to Congress simply states; “To regulate commerce with foreign Nations, and among the several States, and with the Indian tribes.”

The intention was not to be a conduit to suppress the rights and freedoms of the fifty states and their citizens. But that is exactly how the federal government gets its tentacles into places it has no right to be. If there was an intention to regulate internal state activity the word “among” would have been “within” the several states.

Details