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by Jim Delaney

Thomas Jefferson was an advocate of states' rights and citizen participation in government

(Jan. 14, 2011) — Recently, two federal judges ruled in favor of Obamacare while a federal jurist in Virginia ruled against it. Huh? One must seriously question whether or not these guys are all reading the same Constitution I have before me.

In any event, I honestly cannot fathom nor can I abide all the needless hand-wringing and drama over the constitutionality of Obamacare. Of course it’s not constitutional! Going forward then, exactly what’s the most likely end game of the 20 or so Attorneys General who are suing the Administration over this latest federal intrusion in our lives?

First off, when our political system fails us, we should all remember that in the final analysis “we the people” are the final arbiters with respect to what is and what is not constitutional. Also, under the 9th and 10th Amendments, the States are implicitly within their constitutional authority to simply nullify any unconstitutional federal law, ruling or regulation. I won’t mince words here: anyone who disputes this assertion either is not an objective student of the Constitution or of American history, or is driven by an alien ideological agenda altogether.

Moreover, the feds are supreme only insofar as their laws and rulings do not exceed their clearly defined enumerated powers. Thus, the expansive liberal  view of “federal supremacy” is laid bare for all but the willfully blind and politically-motivated to easily see. As Alexander Hamilton asserted, the Supremacy Clause “expressly confines supremacy to laws made pursuant to the Constitution.” That, of course, applies to both federal and state laws.

It should be axiomatic that we always look to the Constitution and to the words of both the framers and the ratifiers for a clear, concise and accurate understanding of what properly constitutes Federal and State powers, a division of authority which was never intended by the framers to change over time. And reliance upon case law alone should NEVER, EVER be one’s window on the original meaning, spirit and intent of the Constitution. Peering through that soiled window merely encourages further corruption and revisionism, thus further imperiling the framers’ masterpiece of republican self-governance.

Happily for us all, understanding the clear meaning of the Constitution is NOT rocket science. If it were, we’d all have a convenient and pardonable defense for either not reading it or simply violating it. Thus, we should all do ourselves and our country a favor and take the time to actually read the Constitution as well as the words of James Madison, Alexander Hamilton, Thomas Jefferson, George Mason, Benjamin Franklin et. al. framers whose wisdom and instructive commentary are as relevant today as they were when written. (And, again, don’t forget that the ratifiers’ debates are also essential to achieving an uncorrupted and more complete understanding of the Constitution.)

As Thomas Jefferson wisely advised, “On every question of construction, let us carry ourselves back to the time whent he Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying to what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.”

Thus, do we really need unelected black-robed “super legislators”, a derisive term ascribed to Supreme Court jurists by fellow Justice Brandeis during the New Deal, telling us what any objective student of the Constitution already knows, that being that Obamacare, and more specifically the “individual mandate”, is manifestly unconstitutional? No, not really. So, why all the costly litigating and fuss? Frankly, it’s insulting but, on a more sober note, it’s also genuinely alarming. My concern here is that all this State-initiated litigation may be but a prelude to yet another surrendering of our liberties by the States. And if that’s the end game of these Attorneys General, then we should retire from the field of play and begin earnestly pushing for nullification and civil disobedience.

So, here are the big questions for me: if the Supreme Court imperiously rules against the States or the people on Obamacare–or on any other clear-cut constitutional issue–then what should the States do? Slavishly roll over and play dead yet once again, the Constitution and “we the people” be damned? Sadly, that’s pretty much been their inclination for the last 100+ years. But, alas, enough is enough!

In a word, self-imposed State servility must cease! If the Republic is to survive, the States must be fully prepared to interpose between the feds and the people of their states, thus restoring the proper co-equality of State and Federal authority. Nothing less can any longer be tolerated if the Republic is to survive.

At long last, constitutional order must be placed on a path to fullest restoration if we are to preserve the greatest achievement in self-government the world has ever known. Trite though it may sound, the States and “we the people” really do need to stand up if we are to see this constitutional restoration to fruition.

Finally, we should all carefully read the Constitution and INSIST that your State leaders defend our Constitutional rights, the judicial circuses and their insufferable overreach be damned. And if the States and the courts fail us yet again, then, of course, our founders unequivocally counseled that it is “we the people” who are duty-bound to “take such measures to redress the injury to the Constitution as the exigency may suggest and prudence justify.” In other words, it is left to us to take appropriate action to restore constitutional order.

Timid hand-wringing in the face of judicial overreach is unacceptable, irresponsible and self-defeating.

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  1. Don’t count on the Republicans to do anything constructive for the country that doesn’t satisfy their own personal greed! They have flat out refused to take issue with pResident 0boingo ineligibility and they aren’t going to have the intestinal fortitude to win the battle to stop 0bamacare! They can afford private doctors and the bottom line is that they aren’t going to do diddle squat for the rest of America. They need to be removed from office next!

  2. From: http://www.nullifynow.com/phoenix/

    “PHOENIX: 01-29-11″


    “How we can roll back Obamacare, cap and trade, and other unconstitutional expansions of federal power through nullification?

    Why the Founding Fathers believed that nullification was the “moderate middle ground,” not the road to secession.

    Why the Tenth Amendment to the Constitution gives the states the power to nullify unconstitutional laws!

    Why states – not the Supreme Court – should arbitrate disputes between the states and the federal government over the constitutionality of the federal government’s actions.”

    # # # #



  3. If you are among those people who believe the federal government is out of control and beyond control then state’s rights issues are the avenue for redress.
    Many states have done so and are filing more legislation in the current sessions.
    Several states are joining the Florida suit against obamacare and will finalize it Tuesday when Alabama’s new Ag is sworn in. When this group of states signs off it will bring the number of states in suit to a majority. This is very powerful.
    A nose under the tent piece of legislation started by Montana last year is now law in many states and in legislation in many others. It is a law that challenges the feds stranglehold on the unconstitutional practice of controlling intrastate commerce. This law was called the Montana gun bill and is now referred to a the Firearms Freedom Act.
    Georgia has filed HB45 to preclude the use of international law in the Georgia jurisprudence system. The House Judy Chair and Secy have co-sponsored the bill giving it an excellent chance of passing. Oklahoma, Tennessee and others have already passed their version of this bill. This is Georgia standing up for it’s sovereign right to specify how they will comply with the Constitution. Sharia law will not be allowed in Georgia when this bill passes.
    As more and more of this legislation passes in the states, more and more power will be brought back to the states and the states will get more bold and pass more effective and powerful legislation.
    The Constitutional Tender Act by Dr. Bill Greene (Google) will return a state to the constitutionally mandated gold and silver standard for state business. As more and more states return to this standard the monetary system will stabilize and the need for the Fed will be gone.
    All of this hinges on how fast and how hard We push this type of legislation. It means that we will have to abandon the keyboards and go out to the legislators, one on one and speak our piece. The law of the constitution is translated into legislation. Legislators process legislation. We need to control the type of legislation being worked by advocating with our legislative weasels.

  4. You have well stated the evidence of the level of corruption wich we must contend with.
    let no one presume their feigned ignorance, or pretended perspicaciousness is not
    specifically orchestrated to convince we ordinary citizen that the esoteric nature of the
    Constitution is beyond our meger acumen.

    It now remains to be seen how deeply is this corrution embeded into our state governents. If they fail the people, our only recourse will be one of drastic proportion.

  5. I’ve been wondering the same thing: why don’t the states just assert their 10th Amendment rights on obamacare and other issues where the feds have overstepped? If the SC rules against the states, then the citizens of those states need to hold the governors and state legislators responsible and put pressure on them to take action favorable to the states. The time is now to break the stranglehold the feds have held unchallenged for way too long.