by Nancy Morgan
RightBias.com
July 19, 2009

Millions of Americans watch with horror as the Obama administration continues to implement its own version of ‘change.’ Change that involves an unprecedented and systematic devolution of power to the federal government, in direct contravention of the Constitution.

From the pending takeover of 17% of economy under the auspices of health care reform, to the government takeover and subsequent ownership of automobile companies, to the unconstitutional interference in the formerly private market under the rubric of stimulating the economy. Not to mention the proposed cap and trade legislation which would give the federal government unlimited powers of taxation and regulation under the guise of saving the planet.

Totally ignored by elected officials of both parties is the tenth amendment of the Constitution, which states very clearly, “The power 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.”

Many Americans don’t agree with the left’s idea of a ‘living constitution’, arguing that the intent of the founders should govern the interpretation and application of the Constitution, not the whimsical and politically motivated present day politicians. And, largely unreported by the media, they are starting to stand up to the federal government.

To date, 37 states have introduced sovereignty resolutions, asserting their state’s sovereign rights under the tenth amendment.

Earlier this month, Louisiana became the seventh state, joining Alaska, North Dakota, South Dakota, Oklahoma, Idaho and Tennessee to officially adopt a resolution affirming their sovereignty. These states are putting the federal government on notice that politicians in Washington do not have the right, under the Constitution, to continue to impose their increasingly onerous federal mandates on sovereign states.

Some states, with Arizona leading the way, are going a step further.

Under Arizona’s Health Care Freedom Act, which was passed by the Arizona state legislature this month, a voting initiative will be placed on the 2010 ballot that, if passed, will allow Arizona to opt out of any federal health care plan.

Following Arizona’s lead, five other states — Indiana, Minnesota, New Mexico, North Dakota and Wyoming — are considering similar initiatives to opt out of federal health care for their 2010 ballots This, even before Congress has created the program.

Arizona is also preparing for the misnamed ‘climate’ bill, that passed the House this month. (With eight Republican votes.) The Arizona state Senate voted 19-10 to approve a bill banning the Department of Environmental Quality from enacting or enforcing measures with language pertaining to climate change.

Other states are stepping up to the plate and asserting their state’s sovereign right under the second amendment – a right that guarantees the right of the people to keep and bear arms.

On July 6, Florida introduced the Firearms Freedom Act which seeks to provide “that specified firearms, firearm accessories, and ammunition for personal use manufactured in state are not subject to federal law or regulation” in the State of Florida.

Increasingly, the representatives ‘we the people’ have elected to preserve and protect our rights, are ignoring the clear, unequivocal language of the Constitution. Our politicians seem unaware of the fact that the Constitution does not include congressional power to override state laws.

In fact, the power our representatives are now accruing to the federal government was expressly voted down, not once, but several times.

During the Constitutional ratification process, James Madison drafted the ‘Virginia Plan’ which advocated a strong federal government. It proposed, among other things, giving Congress legislative authority, and a veto over state laws. Each of Madison’s proposals was soundly defeated. Our founders clear intent was vesting all powers in the states, with but a few, listed exceptions.

Ever since 1938, when FDR used the occasion of the great depression to drastically expand the scope of federal government (Wickard vs Filburn) using an absurd reading of the Commerce Clause, this unconstitutional taking of power by the central government has gone virtually unchallenged. Until now.

Though the media has ignored these efforts, ‘we the people’ are starting to fight back, via our state and local representatives.

Politicians need to be reminded that our Constitution is still in effect. And Americans need to be reminded that just because some believe the trendy notion that our Constitution is a ‘living, breathing’ document, doesn’t make it so.

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Nancy Morgan is a columnist and news editor for RightBias.com
She lives in South Carolina

Article has been published with permission

The easiest solutions are usually the best solutions. In the Business Section of last weekend’s (July 5, 2009) St. Petersburg Times Newspaper the editor challenged the readers to come up with creative ways to fix the economy (“How Would You Fix the Economy?”).

One reader submitted the following:

Dear Mr. President,

Please find below my suggestion for fixing America’s economy.

Instead of giving billions of dollars to companies that will squander the money on lavish parties and unearned bonuses, use the following plan. You can call it the Patriotic Retirement Plan:

There are about 40 million people over 50 in the work force. Pay them $1 million apiece severance for early retirement with the following stipulations:

1. They MUST retire. Forty million job openings – Unemployment fixed.
2. They MUST buy a new American CAR. Forty million cars ordered – Auto Industry fixed.
3. They MUST either buy a house or pay off their mortgage – Housing Crisis fixed.

It can’t get any easier than that!

P.S. If more money is needed, have all members in Congress and their constituents pay their Taxes…

If you think this would work, please forward, If not, please disregard.

With all due respect to the economic geniuses of our times and the architects of the government bailout and stimulus programs, this person nailed it squarely on the head. In fact, I dare anyone to come up with fault in his logic

When you consider the magnitude of the dollars being spent by the government for various government initiatives, a $40 billion carve-out to fund the Patriotic Retirement Plan would be a negligible drop in the proverbial bucket. Yet think of how many people would be helped, directly, dollar-for-dollar, with hardly any bureaucratic waste and how many nagging economic issues would be solved. If anyone thinks a government bureaucracy can delivery on a better idea, then I’ve got a historic bridge I would like to offer you.

Mr. President. Give us back the money which is rightfully ours and stick to maintaining our national parks, protecting us against our enemies, building roads and our infrastructure. Let us decide how we want to spend it and to whom we wish to extend our charity. And please do glance over the Constitution once in a while and remind yourself of what powers you were given and what powers are not yours to meddle with.

Quotation of the Day:

“The politicians don’t just want your money. They want your soul. They want you to be worn down by taxes until you are dependent and helpless. When you subsidize poverty and failure, you get more of both.”

James Dale Davidson, National Taxpayers Union

If you have your own ideas to address our current economic downturn, send us an email to editor@nakedliberty.com and we’ll collect and post them in one of our upcoming articles.