THE STATES HAVE THE POWER OF SOVEREIGNTY
by Bob Serrao
(May 8, 2011) — Nullification: — to render invalid; to deprive of legal force of efficacy.
Sovereignty: — supremely efficacious; superior to all others; predominant; effectual; supreme in power; possessing supreme dominion. Noah Webster’s 1828 American Dictionary.
Sovereignty is at the heart of nullification. Which is supreme: government, state or individual? By definition, only one is supreme. First, a few questions regarding Federal and State structures…
Constitutionally and historically, do the States turn over full sovereignty to the government? Does the government trump States’ rights by the so-called ‘supremacy clause’ (Article VI, Clause 2)? If the answer to these two questions is ‘yes,’ then the will of the people is of secondary importance and must defer to the mandates of Obamacare. If ‘no,’ then the States’ rightful place as sovereign Republics (Article IV, Section 4) is recognized with every right to nullify government-run healthcare.
Article IV, Section 4 shows that the United States is a compound Republic — a Republic (Federal) of Republics (States), with shared power and responsibility. However, the States and individual rights are the a priori source of power of the US Government – “…governments are instituted among men, deriving their just powers from the consent of the governed,” Declaration of Independence. Through this agreement, the states have collectively created the federal government, limiting the scope of its power and authority, as well as ensuring that certain fundamental rights are guaranteed.
Pursuant to the Ninth and Tenth Amendments, by limiting the scope of federal power to only those specifically enumerated in the United States Constitution, the states retain plenary power to govern. I contend that the States are supreme for the following reasons:
Ninth Amendment – “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Centralized government shall not abuse Constitutional authority to invalidate nor run roughshod over citizens’ God-given inalienable rights (life, liberty or pursuit of happiness) or their civil rights (freedom of religion, speech, press, assembly, petition for redress,” Declaration and Amendments.
Tenth Amendment – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In other words, the individual States or their people hold sovereign authority where the Constitution has no domain or is not violated. This deals with the traditions and longstanding values of the people of each State.
(Note: Since the rights clearly set forth in the Declaration of Independence and defended by the Constitution are God-given, the Founders understood that any assault on these endowments or the citizens is an affront to Almighty God Himself and fit for retribution.)
WE THE PEOPLE are the creators, interpreters and ultimate custodians of the US Constitution. Therefore, the people hold final authority regarding the limits of centralized Government. And, when Government deviates from the Constitution and fails to secure these rights by tyranny, WE THE PEOPLE need to take action. Now, we should request our States’ Legislators (Attorneys General) to interpose the State to protect us and nullify unconstitutional legislation.
Every U.S. State has the right to nullify (invalidate) any federal law which it deems unconstitutional. Texans v Obamacare http://www.notintexas.org/products/nullification.htm & http://www.notintexas.org/ . Nullification Rally January 16, 2010 in Austin. In 2010, residents of Arizona voted on a State Constitutional Amendment that let them effectively opt out of any proposed national health care plan. Legislatures in Florida, Michigan, Ohio, Texas, Kansas, Alaska, Pennsylvania and Virginia are also promoting similar State Constitutional Amendments. Missouri is joining them. “Rep. Cynthia Davis, R-O’Fallon, pre-filed a bill Dec. 1 that was passed in August, 2010, which put a halt on any national health care legislation. Davis said her intent was to give voters a way to protect themselves,” a report in The Missourian. Today, many Attorneys General are suing the US Government over constitutionally flawed health care legislation. Thus, the States are validating the will of WE THE PEOPLE in full constitutional authority.
If redress of grievance fails, citizens will default to their ultimate sovereignty — an individual appeal to God’s authority. Today, individual declarations of independence are springing up across the Nation because the Government holds blatant contempt for the wishes of WE THE PEOPLE. Some citizens are choosing to assert their sovereignty against Obamacare, Cap and Trade, UN demands, etc., going so far as to protest by civil disobedience and revolt by not paying taxes or leaving the country. Fewer still would rather go to jail or lock and load if necessary.
By what constitutional authority does the US Government require individuals to buy goods and services from it? Answer: there is none. Obama care’s individual mandate (you must by goods and services from a service provider or the government) is purely unconstitutional. If government breaks down and forces tyranny, citizens the have “the right and duty to alter or abolish it and institute a new government in such a form that is most likely to effect their safety and happiness,” (Declaration of Independence).
So, roll up your sleeves, patriot, and research State requirements for drafting and passing nullification legislation. Hound your Governor, Attorney General, Lieutenant Governor, Congressmen/women and Senators. Tell them that you consider Obamacare unconstitutional, and you want them to call a special session to nullify this unconstitutional legislation. It’s your Constitution, your America.
Sources for nullification (or 10th Amendment Movement):
Montana nullifies national gun laws http://www.campaignforliberty.com/blog.php?view=17935
- Nullifying National Health Care in Kansas
- OK Lawmakers File “Freedom of Healthcare Choice Act”
- Health Care Nullification in Alaska
- Health Care Town Hall Meeting – Clearwater FL – 9/15/09
- Ohio to Consider National Health Care Nullification
“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.” Thomas Jefferson
Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.