Posted by: Debby Durkee | January 14, 2010

Answers to unconstitutional federal actions.

Debby's Web Finds
Answers to Unconstitutional federal actions.

Rather than trying to get the Federal Government to respect state sovereignty, Daniel Baker over at The American Thinker says to use Thomas Jefferson as your guide in his answer to the Alien and Sedition Act. This act ran afoul of the First Amendment when it was used as a way to forbid criticism of the government. Residents of the states should work within their own states to nullify any unconstitutional acts by the Federal Government. The Constitution is basically a partnership agreement between the states, and the Congress, the Executive and the Supreme Court are creations of the partnership, not a party to it (they are our managers and employees, not bosses). Interesting read and makes much sense:

Over the course of the past two hundred and twenty-two years, we have forgotten many of the basic principles that were fresh in Thomas Jefferson’s mind when he drafted the Kentucky Resolutions of 1798. These resolutions lay out the proper response to the federal government’s unconstitutional actions…

Foremost of the forgotten principles is the fact that the states were fully autonomous before uniting under a contract known as the Constitution. Each state voluntarily gave up a portion of its sovereignty, but never surrendered it completely, in joining the United States. Thus, every state is a party to the Constitution, with the other states as co-parties. Here are some excerpts from Jefferson’s Kentucky Resolutions:

1. Resolved, That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution … they constituted a general government for special purposes – delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government.

The Constitution is the equivalent of a partnership agreement, with the states as partners and the federal government as managers and employees…If (the manager) sets prices too low so that Benny and Gerald lose money, they will fire the manager; however, they must accept the loss because they gave the manager the authority to set the prices. However, if (the manager) decides to give half of the sales price of the ice cream to his favorite charity, then he has stolen from Benny and Gerald, who in turn have a right to demand the money back from the manager and take it out of his paycheck.

8. Resolved … …where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy; that every State has a natural right in cases not within the compact … to nullify of their own authority all assumptions of power by others within their limits.

The proper remedy for unconstitutional acts conducted by the federal government is to nullify those acts within the borders of the states finding them unconstitutional. This right belongs to the states based solely on the fact that they are parties to a contract. They owe a duty to abide by the contract only to the other states; they owe no duty to abide by anything outside the contract. Snip –

The final word concerning what is and what is not acceptable under a contract goes to the parties of the contract. The Supreme Court is a creation of the Constitution; it is not a party. So then if Congress, for instance, passes the Fairness Doctrine and the president signs it, then the great state of Missouri has the right, regardless of any Supreme Court decisions one way or the other, to declare the Fairness Doctrine unconstitutional and thus null and void within her borders. Missouri would have to answer to her sister states, but not to anyone else.

1. Resolved … that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

8. Resolved … that without this right, [the States] would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them.

… Federalists shouldn’t worry so much about changing the federal government to respect state sovereignty as they should about working within their own states to throw off unconstitutional acts of the federal government. If the states cannot nullify unconstitutional acts, then the federal government is able (and willing) to do whatever it wants, with no real constitutional limits in place. Our country is then only a few steps away from despotism, with the final arbiter of what is “constitutional” as the supreme dictator.

Perhaps your state legislators should receive a copy of this article. I dare say most state legislators, especially today, know nothing of Jefferson’s Kentucky Resolutions, and how much power each state has if it will use it. Sounds like a great focus for the Tea Parties. Read it all here:

The Constitution and Freedom – Parts 3 and 4.

Judge Andrew Napolitano’s look at the Constitution continues. Part three concerns the Executive branch and part four concerns the Courts.

Islamic infiltration inside our government – Part 1.

Bill Whittle of PJTV interviews former government agents about the influence on the country’s leaders by members of CAIR, Hamas and the Muslim Brotherhood. Political correctness is putting our nation at risk by having leaders more afraid of offending those who would harm us than looking at the truth. Whittle discovers that our government is being infiltrated by those who put on nice masks while they are determined to bring our country down from within. About a nine-minute video.

Islamic infiltration inside our government – Part 2.

This one is called “From influence to insurrection.” When those in the FBI aren’t even given counter terrorism training, what happens when those in the know leave the agencies tasked with protecting us? When those at the top turn a blind eye to reality, low morale and defeatism set in, leaving the country more vulnerable to jihad either violent and in your face or calm and insidious. Watch it here:

Here’s Newsbusted’s latest video.


Bookmark and Share


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: