This is a great idea. Right now, the limits of federal power are determined by the USSC, which means in effect that whatever the federal government wishes to do is limited ONLY by what an arm of the federal government decides is "consititutional." If the USSC decides that the federal courts have no jurisdiction, then they don't (I am not making this up!). The Supreme Court has ruled(!) that it determines the limits to its own power.
This is a recipe for disaster and tyranny. The cake seems to be baking nicely.
As an alternative, here is a proposal for State Nullification of Federal acts of intrusion:
I like it. It will make for a nice brawl, which is what politics should be:
THE STATE SOVEREIGNTY AMENDMENT (Sample)
These United States of America are a Republic of Republics deriving its authority from the consent of the governed residing within their Sovereign State. Each Sovereign State is the agent of the people thereof. The federal government formed by the compact of the United States Constitution is the agent of the Sovereign States. Federal authority shall be supreme in all areas specifically delegated to it by the Constitution. All acts or legislation enacted pursuant to the Constitution shall be the supreme law of the land. The Sovereign State reserves an equal right to judge for itself as to the constitutionality of any act of the federal government.
Section I. The Sovereign State specifically reserves the right to interpose its sovereign authority between acts of the federal government and the liberties, property, and interests of the citizens of the state, thereby nullifying federal acts judged by the state to be an unwarranted infringement upon the reserved rights of the state and the people thereof.
1. State nullification of a federal act must be approved by a convention of the state.
2. Upon passage of an act of nullification, all federal authority for the enumerated and nullified act(s) shall be suspended.
3. Upon formal acceptance of nullification by three-fourths of the conventions of the states, including the original nullifying state, the enumerated federal act(s) shall be prohibited in the United States of America or its territories.
4. Upon formal rejection of nullification by three-fourths of the conventions of the states, the enumerated federal act(s) shall be presumed to be constitutional, notwithstanding any judgment of any federal or state court.
5. Until or unless there is a formal approval or rejection by the conventions of the states, the nullified federal act(s) shall remain non-operative as to the original and any additional nullifying states. A state that in its convention ratifies a particular act of nullification shall be construed to have nullified the same act as enumerated in the initiating state’s nullification.
6. No federal elected official, agent, or any individual working within or associated with any branch of the federal government may harass or attempt to harass, intimidate, or threaten a Sovereign State or the people thereof for exercising their rights under this amendment. No federal elected official, agent, or any individual working within or associated with any branch of the federal government shall attempt to influence or use their office to attempt to influence the deliberations of the people regarding the nullification of a federal act(s) or the acceptance or rejection of a nullified federal act(s).
7. Any United States military officer, noncommissioned officer or federal official or agent who carries out or attempts to carry out any order by a federal official, officer or agent to deny or hinder the people of a Sovereign State from exercising their rights under this amendment shall be subject to the offended state’s laws and may be tried accordingly. Jurisdiction in such cases is specifically denied to all federal courts, military courts, or any other court other than the courts of the offended state.
Section II. The government and people of these United States approve the principle that any people have a right to abolish the existing government and form a new one that suits them better. This principle illustrates the American idea that government rests on the consent of the governed and that it is the right of a people to alter or abolish it at will whenever it becomes destructive of the ends for which it was established. Therefore, the right of a Sovereign State to secede peacefully from the union voluntarily created by the compact of the Constitution is hereby specifically reserved to each state.
1. An act of secession shall be executed by a convention of the people of the state.
2. The seceded state shall appoint representatives to negotiate settlement of all debts owed the federal government, the purchase of federal properties within the Sovereign State, and the removal of federal military installations and personnel.
3. Upon acceptable arrangement for the payment of sums owed the federal government, the representatives may negotiate treaties of friendship, common defense, and commercial relations. Said treaties are subject to the same constitutional ratification as other treaties.
4. Readmission of a seceded state shall follow the same constitutional requirements as for any new state.
5. No federal elected official, agent, or any individual working within or associated with any branch of the federal government shall attempt to influence the people of the Sovereign State regarding their decision to secede from, remain with, or join this union.
6. Any United States military officer, noncommissioned officer, or federal official or agent who carries out or attempts to carry out any order by a federal official, officer, or agent to deny or hinder the people of a Sovereign State from exercising their rights under this amendment shall be subject to the offended state’s laws and may be tried accordingly. Jurisdiction in such cases is specifically denied to all federal courts, military courts, or any other court other than the courts of the offended state.
7. The inalienable right of the people of each Sovereign State to govern themselves is a right that existed before this formation of the federal government, and therefore nothing in this amendment shall be interpreted in such a manner as to deem the federal government to be the donor of the rights enumerated herein.
State Sovereignty: America’s Final Solution to Tyranny by Ron Holland
No comments:
Post a Comment