No, I am not talking about secession. I’m talking about red states taking back their state’s rights as the constitution, the law of the land, provides. If there is one thing conservatives and libertarians agree on, it is the constitution should be followed to the letter.
Okay, how do we get where we want to go? It is argued, and rightly so, that it took the usurpers over a hundred years to bring about this unconstitutional monstrosity in Washington and it will take many years to undo it. We have to live with that fact. But, do we seriously belive we will get by years of tryint to educate the brain-dead american voter? It’s not going to happen. Do we seriously believe that we can eventually fill the House, the Senate and the executive branch with conservatives and keep them in place fo many years and that they will undo the source of their own power? I’m sorry but I don’t see that happening either.
You have probably guessed that I am talking about nullification again and you would be right. Imagine if you would one or more of the reddest of the red-states with a governor and the majority of the state legislature that believed in the constitution and states rights. What if they stood up to the no longer constitutional federal government and declared that their state would no longer abide by federal laws and mandates that they believed to be unconstitutional. It is their constitutional right and their obligation to do so. But, you say. the federal courts and the Supreme Court would come down on the side of the federal government. That’s true. And, I know that the Supreme Court has declared that they have the final word on what is or is not constitutional. That is, of course absurd and illogical. How can anyone belive that unelected judges have the ultimate say over our citizenry. Donning a black robe does not make a person honest and all wise. The vast majority of judges are just as political as the politicians that appoint them. The constitution gives limited and enumerated powers to the federal government and all powers not given to the federal government reside with the people of the individual states. Consider this. There are two reasons a federal law can be unconstitutional. If a federal law violates our guaranteed rights, as laid out in the Bill of Rights, it is unconstitutional. If a federal law, no matter how much we may like it, is not within the enumerated powers of the federal government, it is unconstitutional. The argument that nullification would lead to chaos I think is without merit. It only seems like it would be chaotic because we have become accustomed to living under the supreme power of the federal government. What is wrong with states deciding what if any safety nets they will provide for the poor? What is wrong with states deciding for themselves on such things education policies or environmental policies ( constitutionally they would have to protect life and property) or land use policies and much more? People can vote with their feet if they like policies of one state over another.
So then, if a very red red-state wanted to take back its constitutional states rights, how might they go about it. It would seem to be a very complex process. Well, fortunately my favorite constitutional scholar, Plubius-Huldah, has developed a template that any state could use. She based her template was patterned after The Kentucky Resolutions of 1798, written by Thomas Jefferson in response to the alien and sedition acts passed by Congress. As she typically does, she backs up everything with references to tha appropriate Federalist Paper. These words in her last paragraph in Article 1. caught my attention immediately.
That the federal government is not a party to the Constitution, but is merely the creature of the Constitution;
How much clearer could she be? The federal government is NOT a party to the constitution. The federal government is but a CREATURE of the constitution. later she backs up the same claim about the Supreme Court. I urge you, dear readers, to bookmark this article and not just read it but in your own time study it and think about it.
At the end of her notes, which are also must reads, Plubius-Huldah has this to says:
So what should we do? Revolution and bloodshed? No! There is a better way, and our Framers show us: On behalf of The People of their States, The State Legislatures must now resort to that original right of self-defense which pre-exists & pre-dates The Constitution; and must nullify those acts of the federal government which are outside the scope of the powers We delegated to it in Our Constitution.
The Model Resolutions set forth the Authorities on which they are based, so that State Legislators may propose them in their State Legislatures with complete confidence that Our Framers “have their backs”. PH
This is a lawful rebellion I am calling for, my friends. Please stay tuned for Part 2 of What If We Had A Red-State Rebellion?
Well that’s what I’m thinking. What are your thoughts?