Many of us have seen our Republic attacked for year after year and have searched our souls for some vehicle by which the tide of Federal governmental tyranny could be stemmed. Should we amend the Constitution to correct the ills? Will it take a violent revolution? Is the American experiment in the Freedom of the Individual doomed? What can be done?
It turns out that the Anti-Federalist Patriots, who rightly and clairvoyantly criticized the original Constitution, were correct in their fears. Their efforts to protect our freedoms were responsible for the inclusion of the “Bill of Rights” in the Constitution. If they had not been addressed, the opposition of the Anti-Federalists would have blocked the ratification of the Constitution, at the very least, by Virginia and New York, which would have doomed the new government. The 10th Amendment was the article that secured the endorsement of the new Constitution from the likes of Patrick Henry, George Mason, Melancton Smith and George Clinton.
The problem has always been that the Federal government has ignored this Amendment when it comes to what governmental entity can make what law. The 10th Amendment made it clear that the only powers of the Federal government reside in Article I Section 8 of the Constitution. The “Bill of Rights” was not a grant of powers to the Federal Government, but a negative to it. These rights already resided in the Constitutions of the States … the inclusion of the Bill in the US Constitution was provided as a check upon the Federal powers.
The Federal government has no interest in enforcing the 10th Amendment; it is now and has always been up to the States to do so. If the States would enforce this Right, there would be no need for revolution, insurrection or Constitutional amendment to stop the tyranny of the Federal government and bureaucracy … they are making rules, laws, edicts, mandates and coercions not granted to them under the Constitution.
Below you can see a resolution addressing this problem that could go a long way in restoring our Republic …
A Resolution Calling for the
Legislature to Question the Legality
of
Federal Laws, Rules, Regulations, Mandates and Decisions
and
Provide for State Oversight of the Same
Whereas, the United States of America is an entity that is a voluntary and contractual compact among the several Sovereign States providing for harmony and protection among them for problems of mutual concern, and
Whereas, this compact is a contract founded upon certain concessions and assurances which are necessary to the preservation of our Republic as are defined in the Constitution of the United States of America and which were fully vetted and agreed to and then augmented by the “Bill of Rights” in order to gain the consensus necessary to form our sacred Union, and
Whereas, one of the ten Rights of the Bill of Rights which was indispensible to the agreement to ratify the Constitution … “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.” … was inserted by the Founders of our nation to specifically preclude the misinterpretation of the text of the body of the Constitution, and
Whereas, the Federal government, through legislative action by the Judiciary, un-Constitutional Legislative actions and Executive action not authorized by the Congress, has blatantly and consistently misconstrued the Constitution and therefore has broken its contractual covenants with this State, and
Whereas, this State has been constantly and consistently assailed by laws, rules, regulations, mandates, oversights and decisions of the Federal government that are nowhere authorized in the Constitution, and
Whereas, these un-Constitutional and therefore illegal, laws, rules, regulations, mandates, oversights and decisions have caused this State , by its acquiescence, to become subservient and inferior to Federal departments, corps, courts, bureaus, agencies, bureaucrats and quasi-police forces to the detriment and distress of our populace, and
Whereas, these distresses to our understanding of the Compact and Agreement between this State and the United States of America have not nor are they are likely to be, because of past experience, relieved by appeal to the Executive, Legislative and Judiciary branches of the Federal government because they obviously have historically and are now acting singly or severally in concert to, disregard the sovereignty of our State, and
Whereas, the Legislature of this State has, as its most sacred duty, the manifest obligation to protect their constituents from tyranny from whatever quarter it may come, now therefore let it be
Resolved, that we, the citizens of this State, respectfully urge that the Legislature of the this State, the Senate and House of Representatives Concurring, form a joint committee to review, in response to a referendum, petition of a stated size or at the call of a small, fixed and finite number of members of the Legislature, any particular laws, rules, regulations, mandates, oversights or decisions coming from Federal sources that are asserted to be contrary to the powers granted to the Federal government under the Constitution, and be it
Further Resolved, that the joint committee review judicial interpretations of the Constitution and its Amendments that are asserted to be contrary to this State’s understanding of our ratification of those precepts spoken to, and be it
Further Resolved, that the committee report its findings to the Senate and House of Representatives of the Legislature with recommendations for relief, and upon the report of the committee finding the law, rule, regulation, mandate, oversight or decision in breach of the State’s compact with Federal Union, that the Legislature institute laws forbidding the execution of and prescribing penalties for attempts to enforce, within the boundaries of this State, the law, rule, regulation, mandate, oversight or decision in question.