In a USA Today article titled A solution to secession – federalism, Glenn Harlan “Instapundit” Reynolds proposes federalism as a way to rein in government without splitting up the Union.
He defines federalism as, ” Let the central government do the things that only central governments can do — national defense, regulation of trade to keep the provinces from engaging in economic warfare with one another, protection of basic civil rights — and then let the provinces go their own way in most other issues.” After all, that political philosophy is the foundation of the country.
The Instapundit doesn’t suggest how we might actually make that happen.
Judging by the size and power of the central government, the reach of the laws it passes, and the accelerating rate of increase in all of the above, expecting the Congress and president to voluntarily stop doing what they’ve been doing for the past 100 years, or so, is insanity. It doesn’t matter which party wrests control of the system, the federal government continues to grow. Don’t expect the Supreme Court to side with Liberty, either.
Yes, the states must assert federalism.
The means to do so is Nullification.
Any single state, on any issue not delegated to the central government by all the states, retains the obligation to stave off intrusion into its jurisdiction. It does this with legislation, at the state level. The law may not use the word, ‘nullification.’ It may state that said federal law shall not have effect, shall be ignored, is illegal, is unconstitutional, or, yes, is null and void in that state.
No majority or 2/3 super-majority of states is required. Each state is sovereign, according to the Constitution, and the 10th Amendment in the Bill of Rights, specifically, and owes its citizens the protection from central tyranny, for which it exists.
- Is it Nullification, or isn’t it? - January 23, 2014
- FreedomWorks Backs Obamacare Nullification - January 22, 2014
- South Carolina Obamacare Nullification Efforts Get Noticed - November 20, 2013