Skip to comments.What Should States Do When the Federal Government Usurps Power?
Posted on 05/01/2013 7:59:50 PM PDT by EXCH54FE
1. What can a State or several States do to resist encroachments & usurpations by the federal government?
2. Federalist No. 46 (7th para) discusses how individual States or several States carry out resistance to the federal governments unconstitutional encroachments. If a particular State takes an action which the federal government doesnt like, but which has the support of the People of that State, the federal government cant do anything about it unless it is willing to use force.
So, in para 7, Madison contemplates that not all States will oppose unconstitutional encroachments by the federal government. But he shows that this need not impede the States who do. Such States need not implement in their States the federal governments lawless usurpations. Have we forgotten how to just say, NO! You have no authority under the Constitution to do this, and the Sovereign State of X and the Sovereign People of the State of X wont permit this. If we have taken the Oath to support the Constitution (Art. VI, clause 3), then we are bound by Honor to support it!
3. Note that Madison doesnt say the States should file lawsuits in federal court. And WHY would Sovereign States, which formed a federation for the limited purposes enumerated in Art. I, Sec. 8, U.S. Constitution; ask one branch of the federal government (judiciary) to opine on whether a law approved by the two other branches (legislative & executive) exceeds the enumerated powers of Congress or encroaches on the reserved powers of the States and the People (10th Amendment)?
(Excerpt) Read more at freedomoutpost.com ...
The last dance when we tested the 10th (and the 9th -- WHY DOES EVERYONE FORGET THE IDEAS OF "DISPARAGE!???")
rant off... :)
I ain’t goin’ for that.... I have a feeling you ain’t either.
Cestui Que Vie Trust
“...the federal government cant do anything about it unless it is willing to use force.”
A picture comes to mind - federal storm troopers marching through Watertown, Massachusetts invading private homes in utter defiance of the constitution, and having a grand old time doing it, too.
Supposedly searching for one little terrorist d*ck head who wasn’t even in town, but really just strutting and thrilled to be kicking *ss like the Big Boys in tridents and green berets.
A perfect example: some states, including my own South Carolina, have refused to set up the nobamacare health insurance and told the Feds to go stick it.
The state legislature here in SC is currently working towards nullification of nobamacare.
This is most certantly the path forward. With enough moral courage and determination we can resist this evil and force the usurpers to deal. But we must be careful to pick our battles to be sure that we choose popular ones. The support and sympathy of the people is our only weapon.
Our State leglsators can rouse them with such acts but they cannot by themselves bring victory. PICK GOOD ISSUES!
“”What Should States Do When the Federal Government Usurps Power?”
Not yet, that act is only taken when nullification and interposition fail to redress the grievance. Then we must decide if the number or nature of the usurpation justify forgoing the existing union. One day it may come to that but that day has not yet come.
Rest assure when & if that day does come we will require perhaps a decade or more to convince our people and the people of the north that this is best for us. Otherwise were looking at a bloody conflict with our imperial masters.
Exactly. Until states get over the idea that a federal court ruling in favor of the federal government somehow maintains legitimacy, federalism is doomed.
Hey, if at first you don’t secede...!
Freedom from tyranny seems like a darn good issue to begin with. States should start by witholding payment of federal income taxes collected from their citizens to pay for fed programs we had no say in and receive no benefit from.
I don’t want to bail out California and its unions. I don’t want to pay for New York and its nanny state and ITS unions. I don’t want to give a red cent to Chicago and Detroit. I don’t want to pay for obama’s vacations and his parties. I don’t want to pay janet napolitano’s or kathleen sebelius’s salaries. And so on and so on.
“encroachments & usurpations by the federal government”
Nurse Ratchet, free reign 2014.
A picture comes to mind - federal storm troopers marching through Watertown, Massachusetts invading private homes in utter defiance of the constitution, and having a grand old time doing it, too.”
They can do that to an unarmed populace like the people of Mass. I don’t see them trying that in a state that still observes the second amendment.
All the states have to do is say....you made the ruling, now enforce it.......and oy yeah, quit groveling for federal money.
Well that is going to provoke a strong response strong enough to crush the state and the movement. Washington cares far too much about our money to let such a thing pass.
So with their swift and violent response they would crush our movement in its infancy before it has a chance to establish firm legitimacy among our people.
No we need light and relatively small time actions for a decade or more producing positive results.
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