Making state interposition work

July 10, 2012

With the Supreme Court ruling recently in favor of the Affordable Care Act my mind has shifted not only to nullification of that law but also, and more importantly, to the mechanics of state interposition.
My initial thoughts were for a majority of States agreeing that their should be a vote on interposition. If a majority of states, one state more than half (26), in special state interposition conventions agree that the federal government has overstepped its authority ir a law is unconstitutional, then ghat law is null and of no effect within the borders of the United States.
The past decade up to the present day has witnessed some of the most egresiuos violations of the constitution ever recorded in our 200+ years as a union. Thinking back on how the healthcare law was passed along strict party lines after being pushed on Americans day-in-and-day-out by the president on tv, only to be upheld by the highest federal court is as clear evidence of tyranny as the American people need. The people do not want this law and the people need a legal outlet to have their voices heard and obeyed.
Therefore an amendment to the US Constitution should be passed immediately to restore some republican salve to the wounds of progressivism and its soft despotism.


Idaho nullification dead? Thank the GOP

March 5, 2011

In response to a couple of blog posts dealing with the Idaho Senate’s tabling of the healthcare nullification bill found at the Spokesman Review, I wrote the following responses:

“How utterly incomprehensible is Bart Davis:

‘I agree that we should do all we can to push the federal government to return to its enumerated powers,” he said. “But for me, I need to do it within the system. … My heart, but not my mind, is with the supporters of this legislation.’

Do all that you can? Maybe he should have his words read back to him very slowly so that he can see how ridiculous they are. Staying within a system that has been warped and twisted means that you will NEVER stop the encroachments of the federal government. Doing all you can do is casting a vote FOR nullification. Nullification is not treason, it is one way to help states fulfill their role as part of a federal system.

Well done Davis et al. You all went from vanguards of restoring republicanism to ambiguous defenders of the status quo (which means federalism stays dead).”


“From reading the comments from those posting regarding nullification I have to ask: when you say that the Constitution is the supreme law of the land what does that have to do with nullification? What if practicing nullification actually helps uphold the Constitution by giving states a middle way between leaving the union and suffering under laws that are unconstitutional?
And why is it that those who quote (often incorrectly) Article Six never mention the gross violation of the Constitution under the Tenth Amendment? It is a bit suspicious that all of the emphasis among legal scholars (including our own David Adler) and layman alike is on violations that seem to be in favor of restoring some state authority. If you want to devolve power back to the states and create some balance you are a radical; a bomb-thrower; a home grown terrorist on par with McVeigh.
This predicament we as a nation find ourselves in (losing control at the local level) is a direct result of the central government absorbing too many of the duties and prerogatives that have always been under the authority of the state governments. Why are we halting and concocting fictional constitutional scruples at this time when action is needed most? The way is open for us, why won’t we seize it?”