legislators from several states met to discuss the steps needed
to restore our Constitutional Republic. The federal government has
ignored the many state sovereignty resolutions from 2009 notifying
it to cease and desist its current and continued overreach. The
group decided it was time to actively counter the tyranny emanating
from Washington D.C.
discussions it became clear three things needed to happen.
Legislatures need to pass 10 key pieces of legislation
u201Cwith teethu201D to put the federal government back in its place.
people must pass the legislation through the Initiative
process if any piece of the legislative agenda fails.
Sheriffs must reaffirm and uphold their oaths to protect
and defend the Constitution of the United States.
With the advent
of the Tea Party Movement, many people have been asking how exactly
we can make the above reality. What follows is Part I
of the outline of that plan regarding state legislation, the action
steps any concerned citizen can take to see this legislation to
fruition, and the brief history and justifications behind each.
1: Reclaim State Sovereignty through Key Nullification Legislation
Republic is founded on a system of checks and balances known as
the u201Cseparation of powers.u201D Rarely, however, are the states considered
part of this essential principle.
Enter the u201Cdoctrine
is based on the simple principle that the federal government cannot
be the final arbiter of the extent and boundaries of its own power.
This includes all branches of the federal
government. In the law this is known as a u201Cconflict of interest.u201D
since the states created the federal government the federal government
was an agent of the states; not the other way around. Thus, Thomas
Jefferson believed that, by extension, the states had a natural
right to nullify (render as of no effect) any laws they believed
In the Kentucky
Resolutions of 1798 he wrote,
recurring to their natural right…will concur in declaring these
acts void, and of no force, and will each take measures of its
own for providing that neither these acts, nor any others of the
General Government not plainly and intentionally authorized by
the Constitution, shalt be exercised within their respective territories.u201D
echoed this sentiment in Federalist
#85 u201CWe may safely rely on the disposition of the state legislatures
to erect barriers against the encroachments of the national authority.u201D
It is clear
then that State Legislatures can stop the unconstitutional overreach
of the Obama administration through nullification. Here is a list
of proposed nullification legislation to introduce in all 50 States.
of Socialized Health Care [current
of National Cap and Trade [example
Enumerated Powers Requirement (Blanket Nullification) [details]
of a Federal Tax Escrow Account [example
socialized health care and cap and trade will crush our economy.
These programs are both unconstitutional, creating government powers
beyond those enumerated by the Constitution. If those programs are
nullified, it will give the individual states a fighting chance
to detach from a federal budget in freefall and save the economies
of the individual states.
Government, particularly the House of Representatives, needs to
abide by its own rules. In particular, House
Rule XIII 3(d) specifically states that:
of a committee on a public bill or public joint resolution shall
contain the following: (1) A statement citing the specific powers
granted to Congress in the Constitution to enact the law proposed
by the bill or resolution.u201D
say, this rule is generally ignored. The idea behind blanket nullification
is that if the Congress does not specify the enumerated power it
is using according to its own rules, or the power specified is not
one of the enumerated powers granted to Congress in the United States
Constitution, then the u201Clawu201D is automatically null and void.
federal government cannot survive without money. I know that seems
obvious but many states are missing the opportunity to use money
as an incentive for the federal government to return to its proper
role. Most visibly, states help collect the federal portion of the
gasoline tax. That money should be put into an escrow account at
the state level and held there. The Escrow Account legislation includes
a provision that all consumer, excise, and income taxes payable
to the federal government would go through this account first. This
would do two things. First, it would give states the ability to
collect interest on that money to help offset revenue shortfalls.
Second, it would allow states to hold that money as long as needed
as an incentive for the federal government to return within the
enumerated boundaries of its power.