Thursday, April 15, 2010

To Understand the Constitution, One Must Understand State Sovereignty

By Douglas V. Gibbs

A centralized government always deteriorates into an oligarchy, or "the many ruled by a powerful few." The founding fathers of the United States understood this, and they designed the U.S. Constitution to deny the growth of a powerful, centralized federal government, using various methods to guard against the threat of an overpowering governmental system. One of those strategies was state sovereignty.

The states began as separate colonies. They were, and should still be, independent sovereign states. Each state is supposed to be a self sustaining, self-governing entity, who have granted very limited power to the federal government. Each colony had its own culture, and its own set of laws, and the states are supposed to be the same - self-governing entities that take care of their own affairs without interference from the federal government.

To ensure that there was no confusion on this matter, even though they spelled it out quite clearly in the text of the U.S. Constitution, the founding fathers added the Ninth and Tenth Amendments. The Ninth indicates the powers of the federal government shall not deny any rights of the citizens, nor treat them as less important, just because they are not listed. Then the Tenth Amendment adds that any powers not delegated to the federal government as an authority are retained to the states, except where such powers have been prohibited to the states (in Article I, Section 10, or any Amendments).

The Articles of Confederation, the law of the land in the United States prior to the U.S. Constitution, limited the role of the federal government so much that, as the Federalists pointed out, the federal government was unable to protect the union. For five months in 1787 the Founding Fathers battled hard to write the Constitution, and they debated long and hard over how limited the role of the federal government should be. They desired that the states continue to self-govern themselves, with little influence by the federal government. The states allowed the creation of the federal government, therefore the federal government is an agent of the states. The Constitution is the contract between the states and the federal government, granting the federal government certain powers, which are primarily designed to protect the union. Should the federal government breach that contract, as final arbiters of the U.S. Constitution, the states (and the states are the people), may pass legislation rejecting unconstitutional mandates by the federal government, thereby nullifying any unconstitutional laws.

Part of the system of checks and balances in place in this country includes the sovereignty of the individual states. If the federal government cannot specify the enumerated power in the U.S. Constitution that authorizes it to pass a particular piece of legislation, then the states may reject that law.

The current power structure in Washington DC believes that their big government policies are those of compassion, when in reality they are methods of controlling the people from the federal level. Washington politicians believe it is up to the government to dish out gifts from the treasury, including what they erroneously believe to be "Health Care for all." As the bleeding hearts of liberals try to force such socialistic programs on the American People, I am reminded of the words of James Madison, The father of the U.S. Constitution, and the fourth American President. He said, "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on the objects of benevolence, the money of their constituents."

The American federal government has been beyond their constitutional restraints for some time, but the current administration is attempting to break what few retraints are in place, and it is time for the states to put a stop to it. Idaho and Virginia have begun the nullification process of the Health Care Reform law - it is up to you to make sure your state joins that growing list.

-- Political Pistachio Conservative News and Commentary

Idaho Rejects Health 'Reform' - JBS

Quote from James Madison - Liberty Tree

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