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.
STATE SOVEREIGNTY
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.
INDIVIDUAL SOVEREIGNTY
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):
http://www.campaignforliberty.com/article.php?view=429
http://www.tenthamendmentcenter.com/the-10th-amendment-movement/
http://blog.tenthamendmentcenter.com/2009/12/virginia-to-consider-health-care-nullification/
http://thepatrickhenrycaucus.org/action.aspx
Montana nullifies national gun laws http://www.campaignforliberty.com/blog.php?view=17935
Related Articles:
- 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
- http://www.tenthamendmentcenter.com/2010/02/05/raising-the-bar-for-nullification/
- http://www.nullifynow.com/
“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.” Thomas Jefferson
Only the Shepherd and His loyal dogs will drive the wolves back. All else will fail.
Commenters are clearly on the right track here. No question but that nullification is the “rightful remedy” to federal overreach.
As for secession, there’s absolutely nothing redeeming about “indivisibility” when the union is ruled by tyranny.
My concern is the lack of spine and fidelity to the constitutional at the statist-infected state level. Ultimately, we the people must kick butt to effect either a return to constitutional order via nullification or, if all else fails, secession.
One thing though, if (when) the states dissolve into a socialist and republican sphere, the latter best deploy a heavy border guard to prevent the takers from the other side swarming into and transforming the republic into yet another failed socialist state.
Everyone who loves this country and respects the efficacy of the US Constitution and who demand a return to constitutional order should join the Tenth Amendment Center. Numbers count. And we should all be prepared to encourage state nullification as well as secession if that’s what it takes.
Right on Patrick Henry! I’ve been saying for long time that the States that hold our natural resources should tell Uncle Sam to shove all their Dept. of Land Management, Enviromental Protection Agency etc. up their butt and drill-drill-drill! No where in Article 1 Section 8 does it give the Federal government the right to a States natural resources. As you know, each is a sovereign nation in control of its natural resources!
I also think you’re absolutely correct that the only way out of this mess is the “s” word. We will become a divided nation again. One half will be prosperous, filled with people who WORK and are self-sustaining, and the the other half will be dirt-poor filled with those living off government entitlements!
For God and Country!
Bring it on!
Excellent article, one should only need to look at Article I Section 8, the Federal Government was only bestowed 18 enumerated powers, the 10th Amendment should take care of the rest. This beast that I refer to as Leviathan we have now needs to be destroyed and we need to hit the reset button and start all over from scratch. I personally believe that if one were to follow the Constitution closely and look at Article I Section 2. “The number of Representatives shall not exceed one for every thirty thousand…” If one were to think about that for a minute, we currently have a population of somewhere around 310 million. If you were to apply that to today’s population numbers, we’d need somewhere around 7500 Representatives in the House. How in the world would anything ever get accomplished much less put that many people in one room to agree and vote on legislation. I am of the opinion that it’s high time that we start talking about the dreaded “S” word, that’s right, Secession! I think it’s time that several states band together and tell Leviathan that we’re sick of your edicts and mandates, you can just go pound sand. We’re going to form our own little Republic, but don’t worry we’ll still do business with you. We’ll run our Republic the way Jefferson, Washington, Mason and Patrick Henry intended. You go on with big command and control style National Government and let’s see who lasts longer.
Our voices in this state are ignored. Our gvmt. is controlled by: Brown, Pelosi, Boxer, Feinstein, etc., etc., all huge supporters of Obamacare. :-(
We need a bold County Sheriff to arrest the Usurper as provided for by The Constitution. No FBI agent can prevent. Then a hasty trial for multiple acts of Treason!