If we want to restore our system we have to clearly restore the balance of power back to the people and their states and away from the Federal government. That means the Constitution needs to be practically enforced and interpreted by the People and their states NOT the same government which is defined by it.
______________________________________________________________
How do we do this? I want this.
As with most things, the question of how has many answers, I can suggest some but not all possible options.
I am not closed mined to other people’s routs, I therefore merely stated what I believe to be the overall direction that we must go.
One important options for getting us a good part of the way(although experience demonstrates not far enough). is to repeal the 17th amendment. help return the senate to it’s original structural protecting function, and thus help keep these power centralizing acts from getting passed in the first place.
Going futher would require clearly and unambigusly we remove the clear conflict of interest in allowing the Federal Courts to dictate the extent of their own and their employees power. That means making Federal Constitutional issues the domain of the States. for good measure we might look at doing the opposite for State constitutional issues.
A Court of law can hardly be a court so long as it is not impartial. Being empowered by the same laws it has been given the responsibility to apply on a case by case basis does not represent a position of fair impartiality.
Either for State courts with regard to the State Constitution or in Federal courts with regard to the Federal constitution.
The trouble is, while there may be just 1 federal court systems, there are 50 separate and equal State court systems. It is true that in many respects the interpolations of the Federal Constitution need not necessarily be uniform across the united States but in some they must, particularly in regard to inter-state disputes.
Finding a way to get 50 State courts to come to a signal agreement on the Federal Constitution is a paramount problem, in resolving the Federal court’s Constitutional conflict of interest issue.
As our pre-civil War history demonstrates this is really not as crippling of a problem as you might think it would be, leading only to the war itself only after some 70 years of relative peace, yet active interstate nullification, and really only the key interstate disputes such as the extradition of escaped slaves, tarries, and the western terroroy’s.
Many of theses dispute are now mute, as there is no more significant western terrory’s which could shift the ballade of power in the senate significantly. just as there is no more slaves for states to have heart-ack over the extradition of.
Lets face it the difference between extraditing a save and a criminal is, we don’t tend to care if we don’t see the criminal in our state again, we don’t want em around! so refusal to extradite on the basis of the Death Penalty as I believe California was trying to do not so long ago, is really not all that big of an issue.
But inter-state dispute issues that are still with us include trade policy, and defense policy.
As both of theses policy’s are clearly foreign affairs letting the Federal court be an arbitrator on legal disputes set by the same, is not necessarily a bad thing, so long as you keep their powers limited to what is actually leaving the United States.
In other-words the Interstate and international commerce clause needs to be kept to just that and NOT allowed to intrude into the domain of intrastate commerces.
Basically all I’m talking about here is the art of union, is the art of learning to leave each-other alone in peace, and work-together on only common interest.
In fixing up our system we must take that fact into account in enumerating and limiting the number of possible disputes.
I don’t pretend to have the wisdom to do this myself, and so I cannot give you all the options. We need YOUR brain power to help work out theses issues.
Great response. The Tenth Amendment leaves the People and the States as the sole guardians of their own liberties. Several states are reasserting their rights even as we speak. Virginia has banned mandatory health insurance laws, putting it on a direct collision course with D.C. if the Marxist bill passes there. Theirty-four other States are presently writing similar laws. All of this means an inevitable showdown at the Supreme Court. The States MUST continue to press for their own rights (and ours) and to curtail Washingrad’s usurped power. My amendment suggestion is one attempt to reduce Washingrad’s POWER by limiting it to its AUTHORITY alone.