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It's foolish to stall federal aid."

I will tell what is really foolish: A system of federal government that takes money from individuals throughout the country, takes a cut off the top (you know, for "expenses"), then dangles some of that money in front of states that must agree to jump through whatever ridiculous hoops the policy makers in the District of Columbia have deemed necessary in order for the state to get back a small portion of the money taken from it when the process began.

Lewis Carroll would have had a hard time imagining such absurdity.

"Federal aid" is Newspeak. It is no "aid" to get back your own money. "Federal aid" is simply extortion. The feds say they'll return some of the state's money if the state does what it is "asked" to do. Organized crime figures say they will let you keep your business and your knee caps if you do what you are "asked" to do.

It's an offer we can't refuse.

Luckily, legislators like Rep. Jim Kerr, who is quoted in the Post editorial, are at least mulling it over before accepting the offer.

The Post goes on to say that state legislators are entitled to their opinion about Obamacare but "they also need to accept the reality that it's the law of the land."

Applying that misguided logic, the Post would tell a battered spouse that she should just accept the reality that she is in an abusive relationship. You will only make it worse if you resist, right? Accept the abuse. It is the reality.

No. No more.

It is time for Colorado, and other states that are tired of submissively accepting unlawful federal expansion of power, to stand up to the unlawful usurpation of power exercised by the federal government. It is time to assert the Tenth Amendment. It is time to resurrect these dead letters:
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.

There is no constitutional authority for the feds to tell any state that it must implement a system to facilitate the mandatory purchase of a private product. If the United States Supreme Court says otherwise, that there is such authority within the commerce clause, they might as well say that the sun is the moon and that black is white. It will be just as true.

It is time to listen to Thomas Jefferson, who, in the Kentucky Resolutions of 1798, wrote:

... where powers are assumed [by the federal government] which have not been delegated [to it by the Constitution], a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits

Nullify now.

BlueCarp

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It’s time to refuse federal demands.

The editorial in today’s Denver Post  laments some state legislators’ hesitation to submit to federal requirements in order to obtain money to implement the Affordable Care Act. The Post headline declares “It’s foolish to stall federal aid.”

I will tell what is really foolish: A system of federal government that takes money from individuals throughout the country, takes a cut off the top (you know, for “expenses”), then dangles some of that money in front of states that must agree to jump through whatever ridiculous hoops the policy makers in the District of Columbia have deemed necessary in order for the state to get back a small portion of the money taken from it when the process began.

Lewis Carroll would have had a hard time imagining such absurdity.

“Federal aid” is Newspeak. It is no “aid” to get back your own money. “Federal aid” is simply extortion. The feds say they’ll return some of the state’s money if the state does what it is “asked” to do. Organized crime figures say they will let you keep your business and your knee caps if you do what you are “asked” to do.

It’s an offer we can’t refuse.

Luckily, legislators like Rep. Jim Kerr, who is quoted in the Post editorial, are at least mulling it over before accepting the offer.

The Post goes on to say that state legislators are entitled to their opinion about Obamacare but “they also need to accept the reality that it’s the law of the land.”

Applying that misguided logic, the Post would tell a battered spouse that she should just accept the reality that she is in an abusive relationship. You will only make it worse if you resist, right? Accept the abuse. It is the reality.

No. No more.

It is time for Colorado, and other states that are tired of submissively accepting unlawful federal expansion of power, to stand up to the unlawful usurpation of power exercised by the federal government. It is time to assert the Tenth Amendment. It is time to resurrect these dead letters:

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.

There is no constitutional authority for the feds to tell any state that it must implement a system to facilitate the mandatory purchase of a private product. If the United States Supreme Court says otherwise, that there is such authority within the commerce clause, they might as well say that the sun is the moon and that black is white. It will be just as true.

It is time to listen to Thomas Jefferson, who, in the Kentucky Resolutions of 1798, wrote:

… where powers are assumed [by the federal government] which have not been delegated [to it by the Constitution], a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits

Nullify now.


It is time for the States to simply hold the federal government to its legitimate powers as enumerated in the Constitution. When the feds overstep those limits, they must be told "no, you can not impose your unfettered will upon us. We will not recognize your usurped power. The Tenth Amendment means what it says."

This is not as radical as it sounds. Thomas Jefferson and James Madison believed in the concept and wrote about it in regards to the Alien & Sedition Acts. The acts were clear violations of the First Amendment, and Jefferson and Madison did not care that the federal legislature said otherwise. They declared the Acts void. Kentucky and Virginia both passed resolutions to that effect in 1798.

Likewise, Wisconsin refused to enforce the Fugitive Slave Act. Even right now, many states have refused to enforce the Real ID Act. Several states have declared that any federal firearm legislation is void within their boundaries as they apply to firearms made within that state - because there is no interstate commerce that applies.

If we continue, as a state, to lay down for the federal usurpation of power, we will continue to get rolled over. And that is unAmerican.



Time to enforce the Tenth Amendment

Trust Obama? – Reason Magazine

As explained in the Reason Magazine story linked above, President Obama has not even made a cursory attempt to abide by either the Constitution or the War Powers Act in his decision to bomb Libya.
Likewise, neither Obama nor the last Congress gave any deference to the Constitutional limitations of Article I, Section 8 – or the Tenth Amendment – when Obamacare was passed.
The Constitution is being ignored by the federal government.
It matters not that the Supreme Court has declared that the interstate Commerce Clause applies to matters that are neither interstate nor commerce (See Wickard v. Filburn). If the Supreme Court said that the moon were actually the sun, it would not make it so.
What are we, mere subjects, to do? One option is to insist that state legislators start standing up for our Tenth Amendment rights. Colorado needs to tell the feds “Hell, no! Just because you, the legislature and executive branch of the federal government, tell us to do something, and then you, the court system of the federal government reinforce your original usurpation of power, does not make the usurpation legitimate.”
The U.S. Supreme Court has failed in its duty to be a check on the executive and legislative branches. This should be of no real surprise. It is akin to asking the third of three brothers if what the first two did was legitimate. Likewise, asking the federal courts to call fouls on the executive and legislative branch is akin to asking the Lakers guards to call the fouls committed by the Lakers forwards. Don’t be surprised when the fouls aren’t called fouls.
It is time for the States to simply hold the federal government to its legitimate powers as enumerated in the Constitution. When the feds overstep those limits, they must be told “no, you can not impose your unfettered will upon us. We will not recognize your usurped power. The Tenth Amendment means what it says.”
This is not as radical as it sounds. Thomas Jefferson and James Madison believed in the concept and wrote about it in regards to the Alien & Sedition Acts. The acts were clear violations of the First Amendment, and Jefferson and Madison did not care that the federal legislature said otherwise. They declared the Acts void. Kentucky and Virginia both passed resolutions to that effect in 1798.
Likewise, Wisconsin refused to enforce the Fugitive Slave Act. Even right now, many states have refused to enforce the Real ID Act. Several states have declared that any federal firearm legislation is void within their boundaries as they apply to firearms made within that state – because there is no interstate commerce that applies.
If we continue, as a state, to lay down for the federal usurpation of power, we will continue to get rolled over. And that is unAmerican.