States Reassert Their Authority

The Tenth Amendment in the Bill of Rights states:

“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.”

Is it possible that our newly elected state senators and representatives got the message? Represent us or prepare to vacate office. Let us hope the ones in Washington are as wise. Two months into 2015 sees at least 200 new state bills that are attempting to nullify federal government overreach. In most instances, these bills are bipartisan.

Mike Maharrey, Director of Center Communication said he has never seen this much dissatisfaction in states toward Washington micromanagement by bureaucrats. He points out that when the federal government decided to ban alcohol, it required a constitutional amendment to accomplish that and a second one to repeal it. That is the way it should be.

The president, his czars and appointed bureaucrats have taken over our federal government and need to be stopped. The Constitution is one tool that can accomplish it. Which is why dictators-in-chiefs and their flunkies don't like it, try to convince people that it is an antiquated piece of paper and attempt to relegate it to the attic of archives.

The states are opposing Washington on a variety of issues from Second Amendment rights to marijuana use to Obamacare to immigration. Obama is trying to change our government by executive orders and by appointing people who don't come under congressional watch or control.

Senator Mike Lee of Utah said that “for every page of legislation signed into law, there are 100 pages of regulations.”

That is why the federal government has become a behemoth out of control. This is what Thomas Jefferson and other Founding Fathers feared and warned us about. This is why they preached vigilance and participation in all levels of government. But when was the last time you saw a civics class taught in high school? When my older brother was in high school during the fifties, it was still taught. I haven't seen it since 'for a reason'! TPTB don't want an informed citizenry. It's time to rein in their power and show them that We the People are in charge once more. And local and state government is the way to accomplish that.

The Washington Times noted the first advocates of this move by the states were Thomas Jefferson, my hero, and James Madison in 1798, with the Virginia and Kentucky Resolutions which stated: “whensoever the general government assumes undelegated powers, its acts are unauthoritative, void and of no force.”

The Supreme Court has also ruled to that affect. The general misconception is that any statue passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement with it. It is impossible for a law which violates the Constitution to be valid.

“All laws which are repugnant to the Constitution are null and void.” Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436 p. 491.

“An unconstitutional act is not law; it confers no rights; it imposes no duties, affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton vs. Shelby County 118 US 425 p. 442

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it.

“No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” 16 Am Jur 2d, Sec 177 late 2d, Sec 256

What all of this means in layman terms is, any law passed, including the Patriot Act and the NDAA is null and void and law enforcement and the courts can ignore them because they are repugnant to the Constitution of the United States. We need to support those courts and law enforcement people who know this and comply. And we need to fight unconstitutional laws at every level of government. It sounds like the states are beginning to wake up and remember their own authority. About time!

For full story, go to: www.wnd.com/2015/02/states-go-full-throttle-to-limit-feds/