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I have never been so proud of my home state as I am today. I did not think I would see the day when the states start taking back the rights that the Constitution gives them. It was Texas a few weeks ago and now it is Oklahoma, my home state. House bypasses governor?s veto to claim Oklahoma?s sovereignty. You never know, we might take our country back from Washington yet. Perhaps congress will start paying attention to the Tenth Amendment but I am not holding my breath. I hope that we will see a showdown between the state and federal governments over state sovereignty and federal usurpation of powers.
I hope that we will see a showdown between the state and federal governments over state sovereignty and federal usurpation of powers.
We did; it's called the Civil War. The outcome was states aren't sovereign and don't have rights.
There are other ways to assert state sovereignty than Civil War. Let's hope some of our more imaginative State Governors can think of them. We are a federal Republic not a monolithic centralized state.
Here is a great quote from Alexis de Tocqeville, the celebrated observer of democracy.
rulers who destroy men's freedom commonly begin by retaining its forms-and so it has been from the reign of Augustus to the present day{1}
Analyze the actions of the federal government over the last 50 years in light of that quote and tell me what you think.1. de Tocqueville, Alexis. The Old Regime and the French Revolution. New York: Anchor Books, 1983. p. 45
We are a federal Republic not a monolithic centralized state.
The Civil War did more than end slavery. It changed the meaning of the constitution and how we are governed.As a professor of mine used to teach the constitution can be changed by amendment, Supreme Court decision...and civil war. He's right. Those who can't/won't understand the Civil War substantially "amended" the constitution don't understand history...that the South lost, states rights died, and things changed forever. One of the decisions the Civil War handed down is that once a state joins the union it forever gives up its sovereignty. Just like a bride gives up her virginity when she consummates her marriage. Before the Civil War we were a federal republic and states had rights. No more. Those who continue to assert states rights, that the constitution forbids a strong central gov't, etc. do not understand how the Civil War impacted the constitution and the way we are now governed under the constitution as amended by civil war.These changes may or may not have been the best thing for the nation. But they happened. Our constitution and form of gov't today is vastly different from what existed before the civil war--and there is no going back to the way things used to be.
Ga Senate just passed this resolution. That makes Ga, TX UT and MT Robbie this makes me Proud to be a Georgian ? on: May 07, 2009, 05:22:27 PM ?
Live Broadcast | Legislative Search | Legislation | House | Senate Previous Sessions | Georgia Code | State Departments 09Senate Resolution 632By: Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Wiles of the 37th, Mullis of the 53rd and others ADOPTED SENATEA RESOLUTIONAffirming states' rights based on Jeffersonian principles; and for other purposes.WHEREAS, the Ninth Amendment of the United States Constitution states "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" and the Tenth Amendment states "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body reaffirms the principles of government expressed by Thomas Jefferson in a resolution written for the Kentucky legislature in 1798 stating that the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, -- delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress; andThat the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory; andThat it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;" and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press": thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; andThat the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States," and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof," goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction; andThat a committee of conference and correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this State is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this State, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism -- free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this State does therefore call on its co-States for an expression of their sentiments on acts not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this State in considering acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal, (casus foederis,) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories; andThat the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court.BE IT FURTHER RESOLVED that any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of the United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.IV. Surrendering any power delegated or not delegated to any corporation or foreign government.V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; andThat should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government.BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the President of the United States, each member of the United States Congress. Live Broadcast | Legislative Search | Find Your Legislator | FAQ | Help | Previous SessionsGeorgia Code | State Departments This information is provided in electronic format by the Georgia general Assembly as a public service. This information does not constitute an official record of the General Assembly and no warranty or guarantee of any kind is provided.I too applaud the states with backbone but they will not win… New York didn't leave during the flap over the adoption of the Constitution and the Bill of Rights… the Nullification Crisis was nullified and the Civil War resulted in the reunion (not necessarily the reconstruction) of the Republic. How will Obama heal us; or will he just multiply the loaves and fishes?
We are in the midst of watching the union disintegrate again but this time it really is over state's rights. We can argue about whether the Civil War was bout slavery or state?s rights but I don?t think there will be any question that the second civil war will be about undue Federal influence in local governance.How many federal mandates are there that the states must abide by? Two of the most insidious I can think of is the Federal 3-daw waiting period and No Child Left Behind. One speaks to how citizens protect themselves and the other impacts what our very own children think.
We have to stop taking Fed $: that is their pry. NCLB violates the reserved power of the states to control education but by “leveling the playing field” giving $ to the poorer states the Feds can call the turns or pull the plug so-to-speak. Same with money for law enforcement on the other issue.They turn equal rights around and stretch the commerce clause beyound imagination. "Change you can count on!"
We have to stop taking Fed $: that is their pry. NCLB violates the reserved power of the states to control education but by "leveling the playing field" giving $ to the poorer states the Feds can call the turns or pull the plug so-to-speak. Same with money for law enforcement on the other issue.They turn equal rights around and stretch the commerce clause beyound imagination. "Change you can count on!"
I agree with you 100%. The commerce clause has been strecthed so far it is unrecognizable. I would like to see a state take a principled stand and refuse federal dollars for state perogatives and refuse to continue taking them unless they are given with no strings attached. It would have to be a bigger state like Texas or California to make it work. If I remember right Louisiana refused federal transportation dollars for years because they did not want to raise the drinking age to 21.
