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To: Jim 0216; SandRat; ManHunter
State nullification of actual or anticipated unconstitutional federal acts should contain a rationale about why the state considers such to be unconstitutional, because it is the unconstitutionality that validates such state blockage of the feds.

From my reading of the Constitution the Federal Government has no police powers outside of a Federal district or on Federal property.

Federal warrants should have to be executed by state LEOs.

One could even make the case that Federal prosecutors should have to seek warrants in state courts.

I see nothing in the constitution that authorizes the operation of the FBI, the IRS or any other Federal enforcement agency within the borders of any of the states.

15 posted on 02/11/2016 2:26:16 AM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

Can’t say that I disagree at all. The issues you point out only scratch the surface of the multitudes of extra-constitutional things the federal government is doing, from legislation by regulation, to the de facto enactment of treaties without Senate ratification and legislation by executive fiat.

All of the above is why I continue to maintain that only the election of a true constitutionalist (”constitutional conservative”, if you will) with the courage to fight the legislative and judicial battles that need to be fought can we begin to right the ship.

From my perspective, we need a president who is more than willing to exercise his veto power, to shut down the government and take the case directly to the people, i.e., a courageous “a-hole” who would be willing to do battle with the media and his opponents in both parties and engage in a full-scale, long-term constitutional war with “progressivism”. He would push for a balanced budget amendment, dissolution of the IRS, a flat/fair income tax, elimination of the corporate income tax, elimination of the death tax, term limits, etc. and one who will at least begin to push for the elimination/dissolution of extra-constitutional departments, activities and agencies within the federal government. He would recognize that the Supreme Court is NOT the “final word” on anything and that the Constitution provides for three CO-EQUAL branches of government, not a supremely powerful judiciary branch with universal veto authority. That president would appoint like-minded people to his cabinet and the federal bench. He would build alliances - even small ones - with like-minded members of the House and Senate who are equally willing to take the case directly to their constituents.

In essence, we’re debating treatment for a case of psoriasis while the patient is dying of metastatic cancer.
Addressing only the symptoms of the [constitutional disregard] disease will, in my opinion, provide only temporary relief from this inexorable slide toward a European-style socialist state or worse.

Is there such a person? I’m not entirely sure...


16 posted on 02/11/2016 6:08:54 AM PST by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: Pontiac

There’s only ONE Constitutional restriction upon an individual that I know of: the 13th Amendment forbidding keeping a slave. I know of no other constitutional reason for the feds to interfere with an individual, other than an individual’s direct interference with the fed’s constitutional duties.

Probably the greatest political need in our country is the average citizen getting a hold of the Constitution and learning it. This means learning its 1) presumptions, 2) structure, 3) text, and 4) perversions perpetrated by SCOTUS especially since the beginning of the 20th century. Americans need to OWN THEIR Constitution and THEIR freedom. It belongs to THEM, not the feds.

What you touch on is the “perversion” part of learning the Constitution. The big four perversions are

a) “The Incorporation Doctrine” - judicial misapplication of the 14th Amendment giving the feds sweeping powers not contemplated by the ratifiers of the amendment (your post alludes to this I think).

b) The [Interstate] “Commerce Clause” (Art I, Sec 8, Cl 3) astonishingly been expanded by Congress and ratified by SCOTUS to give the feds almost unlimited power over intrastate and local economic activities again, not contemplated by the ratifiers of the Constitution.

c) The “Necessary and Proper Clause” (Art I, Sec 8, Cl 18), originally intended to allow executive enforcement and regulation pursuant to legislation within the scope of the Constitution, the N&P Clause has been expanded beyond constitutional grounds and limits to such an extent that a quasi-fourth branch of government has been created: the Administrative State with behemoth unconstitutional bureaucracies.

d) The power and effect of SCOTUS decisions. Society and the legal community have granted SCOTUS much greater power than what the ratifiers of the Constitution contemplated. Nowhere does the Constitution give SCOTUS power to create national law. SCOTUS is the judicial, not legislative branch, given power to decide INDIVIDUAL CASES and CONTROVERSIES (Art III, Sec 2). Thus SCOTUS decisions, if soundly based on the Constitution, are valid but limited to precedent for like cases. A SCOTUS decision that is deemed unconstitutional should be ignored and nullified by the states and the other federal branches, but not without sound Constitution-based explanation and reasons for such nullification.

This is an action plan to begin the recovery of political freedom in America. The first step is the American People becoming familiar with and owning THEIR Constitution as written and originally understood and intended as outline above, which is the key to THEIR political freedom.


17 posted on 02/11/2016 8:45:46 AM PST by Jim W N
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