Posted on 09/02/2015 11:54:24 AM PDT by Sean_Anthony
The incorporationist doctrine should be rejected. The simple fact of its long use lends it no credibility – a bad idea is still bad, even if it has the weight of long usage behind it.
When he authored the Kentucky Resolution of 1798, Thomas Jefferson based his arguments for nullification, in part, upon the compact theory of the relationship between the states and the Federal Government. According to this original understanding of the State-Federal relationship, the Constitution under which the Republic was to operate was the creation of the several states, and thus the Federal government was also the creation of these states.
Jefferson used this understanding to argue that when the Federal government violates the Constitution, the states themselves have the power, as ascendants to the compact of the states, to judge these violations on their own cognizance. The Resolution, along with its sister resolution from Virginia authored by James Madison, were intended as a call to action aimed at the legislatures of the other 14 states, urging them to join Virginia and Kentucky in declaring the recently passed Alien and Sedition Acts as null and void.
The states created the monster that now oppresses them.
Yep. And we keep feeding the beast.
So the States can keep a hold of the $150 billion and not give to Obama’s Iran!! Sweet...
If only there was a mechanism by which the states can lawfully negate the 3 branches of our so called government when they badly screw up and go against the will of the people.
I have yet to read this whole thing, but so far, this guy is making the same arguments I’ve been making here for some time.
Why do some of the most insightful and on-target analyses and understanding come from foreign sources (ex. Canadian free press)?
Anyway, the question is, Is anyone paying attention?
Making sure that children are taught about the federal government’s constitutionally limited powers as the Founding States had intended for those powers to be understood is vital to to taking the Constitution out of its “gift wrapping” and actually using it.
There is, right under our noses in Article V.
There are.
Short term: Nullification by various modes, from anti-commandeering all the way up to outright interposition and refusal to allow unconstitutional laws to be enforced within the state.
Long term, and for serious enough offences: Article V convention or simple amendment.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.