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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.