- Law Cases
November 30, 2012
Dear State Legislator and Governor,
Much of the population rightfully regards the Affordable Healthcare Act as extending far beyond the enumerated powers of the federal government. It is undeniable that there is no power neither enumerated nor delegated to the federal government to compel a citizen to purchase health insurance under threat of penalty of law. For the central government to claim such power denies the very nature of our Republic and makes the Constitutional restraints enacted by our founders null and void.
Some claim that it must be submitted to as “the law of the land” since SCOTUS made its declaration from on high. This admits that we are not a Republic of sovereign States but a monarchy. The Supremacy Clause declares the Constitution to be Supreme, not the federal government. “If the decision of the judiciary be raised above the authority of the sovereign parties to the Constitution… dangerous powers, not delegated, may not only be usurped and executed by the other departments, but that the judicial department, also….” James Madison, Virginia Assembly Report of 1800
The founding documents and the men who wrote them make it unequivocally clear that the States have the final word on whether their creation, the federal government, has trespassed its clearly defined boundaries. AND IT HAS. Our States are “United” in a compact, the Constitution. The States’ compact created the federal government and dictated its limited and specific powers. As the creators of the federal government that means the States are the masters of their creation. The 10thAmendment makes that very clear. The Legislative, Executive and Judicial branches of the Federal government have collectively torn through the boundaries set by the Constitution. The people have no recourse in the federal system, and must now turn to their States. The Framers considered it the duty of the States to stand against EVERY unconstitutional law created or enforced by the federal government.
“…in the case of deliberate, palpable, and dangerous exercise of other powers not granted…the states…have the right, and are in duty bound, to interpose, …for maintaining, within their respective limits, the authorities, rights, and liberties…” Virginia Resolutions of 1798, James Madison “Father of the Constitution”
states who formed [the Constitution], being sovereign and independent, have the unquestionable right to judge of its infraction; and, That a nullification, by those sovereignties, of all unauthorized acts done under the color of that instrument, is the rightful remedy.” Kentucky Resolutions, 1799 Thomas Jefferson, Writer of the Declaration of Independence
Nullification is the State declaring, “The federal government is NOT our master, the States and the people are the masters of the Constitution and we do not have to, nor will we comply with dictates not enumerated in the Constitution!” To deny the States this right is tyrannical and is an unconstitutional doctrine.
You must take a stand in defense of the Constitution and the rights the citizens that hired you to represent them. Rest assured many will not comply with this mandate. If you do not protect your citizens now, what will you do then?