nChrist
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« Reply #1 on: June 07, 2016, 06:42:41 PM » |
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________________________________________ The Patriot Post Digest 6-7-2016 From The Federalist Patriot Free Email Subscription ________________________________________
The Tenth Amendment reads, “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.”
To advocate the new Constitution and its structure known as “federalism,” James Madison, Alexander Hamilton and John Jay pseudonymously penned a series of essays known as The Federalist Papers18. They stressed that under the Constitution’s governmental structure, the principle of popular sovereignty would continue, with constitutional protections against the national government trampling on the rights reserved for the states.
As James Madison explained in Federalist No. 4519, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”
More than 230 years later, however, who can argue that the Tenth Amendment’s proscription against a power grab by the federal government has actually been respected?
Arguably, the Environmental Protection Agency is the greatest offender of Tenth Amendment protections, as it writes regulations and rules governing state actions with the force of law that have not been made into law by the Congress.
Or maybe it is the grossly misnamed Patient Protection and Affordable Care Act — ObamaCare — that is a law made by Congress, but shoves Uncle Sam over the edge of the big government cliff. Imagine Washington, Jefferson, Madison and the rest of the Founders agreeing that the national government was allowed someday to impose a health care system on the people of the several states, even if it worked as advertised.
The idea that the federal government has the authority to change the operations of hundreds or thousands of individual insurers and health care providers in 50 different states, each serving its own separate customer base, into a single system controlled by Washington is as anti-Constitution as it gets.
Other areas of Tenth Amendment abuse are same-sex marriage and abortion, both of which originally were state issues, until the Supreme Court found some way to finagle a national interest in them. Until the Roe v. Wade case of 1973, abortion had been a state issue, but the judicial despots on the High Court ruled that bans on abortion were unconstitutional because they discovered a “right to privacy” in the due process clause of the Fourteenth Amendment.
The Constitution also protected state sovereignty by the way Congress was organized. The House of Representatives, frequently referred to as “the people’s house,” consisted of representatives directly elected by the citizens of the congressional districts. Members of the Senate, on the other hand, were to be elected by the state legislatures, and therefore senators' loyalty was to the government of the state more than to its citizens.
This protection vanished, however, when the Seventeenth Amendment was ratified in 1913, and now the citizens of the states also elect senators, in addition to representatives. Members of the Senate no longer have any special reason to protect the interests of the sovereignty of the state they represent, and that shifts the governing balance between the states and the federal government toward the federal government.
The result often is that federal mandates, about which the states themselves have little recourse, not only can and do intrude on state sovereignty, but force states to pay for their implementation, as well.
Some people think these changes are just fine, such as those who have bought into the scare tactics of the climate change catastrophe gang, those who support abortion on demand and same-sex marriage, and those who generally like big government and have never stopped to think how miserable they may be in the future if this big-government mania isn’t stopped.
There is some good news: States are fighting back against federal overreach. Twenty-four states filed a lawsuit20 asking a federal court to strike down the EPA’s new source performance standards that effectively prohibit the construction of new coal-fired power plants. And 11 states are fighting21 the Obama administration’s transgender mandates.
If the courts do not support restoration of state sovereignty in these and other issues, the states will have no other choice but to refuse to follow intrusive federal measures. Given the money at play, however, that’s not likely to happen as often as it should.
Thomas Jefferson once explained the critical importance of this issue: “I consider the foundation of the Constitution as laid on this ground that ‘all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.’ To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, not longer susceptible of any definition.”
Unfortunately, his warning is now reality.
MORE ORIGINAL PERSPECTIVE
Secrecy Shrouds ICE Policies Around Criminal Aliens22 Gary Johnson: The Authoritarian Libertarian?23 Your Tax Dollars at Work: $136 Billion in Improper Payments24 Killing the Vote25
TOP HEADLINES
Clinton-Era TPP Emails Blocked Until After the Election26 FBI Seeks Warrantless Internet Data Access27 Not Just Health Care: Car Insurance Rates Set to Soar28
For more, visit Patriot Headline Report29
OPINION IN BRIEF
Thomas Sowell: “Before there can be a welfare state in a democratic country, there must first be a welfare state vision that becomes sufficiently pervasive to allow a welfare state to be created. That vision, in which people are ‘entitled’ to what others have produced, is at the heart of the social degeneration that can be traced back to the 1960s. Teenage pregnancies, venereal diseases, dependency on government and murder rates were all going down during the much disdained 1950s. All reversed and shot up as the welfare state, and the social vision behind the welfare state, took over in the 1960s. That vision featured non-judgmental rewards and non-judgmental leniency toward counterproductive behavior, whether crime or irresponsible sex and its consequences. But relieving people from the responsibilities and challenges of life is doing them no favor. Nor is it a favor to society at large. American society has become more polarized under the welfare state vision. Nor is it hard to see why. If we are all ‘entitled’ to benefits, just by being present, why are some entitled to so little while others have so much?”
SHORT CUTS
Insight: “By virtue of exchange, one man’s prosperity is beneficial to all others.” —Frederic Bastiat (1801-1850)
For the record: “This isn’t some gaffe or accident. [Trump] had ample opportunity over the weekend to retract, to soften, to move away [attacking U.S. District Judge Gonzalo Curiel]. Instead, he doubled down. … [His supporters] have to ask themselves, morally, is this the man you want to be the leader of your party? That’s what’s at stake here. That’s why it’s a bigger issue.” —Charles Krauthammer
Non Compos Mentis: “I saw [Obama’s amnesty diktat] as a reasonable use, challenging Congress to action.” —Gary Johnson
The BIG lie: “Let me just state in the affirmative, which is that the administration has made a forceful and fact-based, accurate, truthful case about how the American people and the international community benefit from an international agreement to prevent Iran from obtaining a nuclear weapon.” —Josh Earnest
Secretary of Delusion: “We were able to be successful with Iran. We’ve set the model. We can be successful ultimately with North Korea.” —John Kerry
Braying Jackass: “We lose money doing this. We don’t have to do this, and we won’t stop doing this. … We want to accelerate lifesaving research. That’s what it’s all about. … I want to be able to focus on saving people’s lives, and instead I have to deal with death threats.” —StemExpress chief executive Cate Dyer on fetal harvesting, for which the company marked up the price by 400%-600%30
And last… “This summer, President Obama wants to vacation in a place he hasn’t yet seen. I suggested his desk in the Oval Office.” —Twitter satirist @weknowwhatsbest
Semper Vigilans Fortis Paratus et Fidelis! Managing Editor Nate Jackson
Join us in daily prayer for our Patriots in uniform — Soldiers, Sailors, Airmen, Marines and Coast Guardsmen — standing in harm’s way in defense of Liberty, and for their families.
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