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Federal Government Working to Remove Sovereignty of States

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Optimus
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« on: July 25, 2010, 02:52:43 pm »

Federal Government Working to Remove Sovereignty of States

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July 25, 2010

It has been reported that 46 states are on the verge of bankruptcy.  Since states are Constitutionally mandated to balance their budgets, and do not possess the ability to print money, they’re finding themselves in a critically weakened position to challenge the Federal Government.
   

   
The Federal government is overstepping their authority
and infringing on the sovereignty of states.
   
In our republic, states have sovereignty to create and enforce their own laws as long as they don’t violate the U.S. Constitution.  The Tenth Amendment gives states the freedom from Federal laws and regulations if they deem them to be unconstitutional.

The Tenth Amendment: which makes explicit the idea that the Federal government is limited only to the powers granted in the Constitution, is generally recognized to be a truism. States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim.

An oft-repeated quote, from United States v. Darby, 312 U.S. 100, 124 (1941), reads as follows:

    The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers…(Source)

Recently, it seems the Federal government is overstepping their authority and infringing on the sovereignty of states.  Furthermore, given that many broke states will most certainly require a Federal bailout to maintain their basic social structures, we can assume that the Feds will use that to impose even stronger controls.

The Federal government has clearly violated California state law regarding medical marijuana by raiding state-approved legal dispensaries and grow-ops.  And now, Obama and company are suing Arizona to overturn their new anti-illegal immigration law, which is essentially a reiteration of the Federal law, just with plans to actually prosecute it.

Additionally, we have seen the steady erosion of the Posse Comitatus Act, which prohibits the use of the military for local law enforcement.  Stories of active military and the National Guard helping local law enforcement on operations as routine as random traffic checkpoints and local crimes such as illegal gun and drug searches are becoming everyday news — again a clear violation of the Tenth Amendment.

It is clear that the goal of Federal government is to centralize and consolidate control as much as possible.  Liberty advocates have a growing concern that states teetering on the verge of bankruptcy will require Federal bailouts that will come with sovereignty-smashing strings attached.  Based on the clear violations already exhibited by the Federal government, we can only assume that more centralized oppression is on the way.
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Donnay
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« Reply #1 on: July 25, 2010, 03:34:40 pm »

This is very concerning to me.  Stop all the handouts and drunk spending and they would be able to bring in their budgets!!

In the State of New Hampshire legislators do not get paid--more states ought to follow that model, IMHO!
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JTCoyoté
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« Reply #2 on: August 16, 2010, 11:45:09 am »

This is very concerning to me.  Stop all the handouts and drunk spending and they would be able to bring in their budgets!!

In the State of New Hampshire legislators do not get paid--more states ought to follow that model, IMHO!

Well, This is the beauty of State sovereignty. Each state must address state issues as per the will of the people of that state... Here in Colorado, for the 5 months the legislature is in session the legislators are paid, since this does take them away from their normal jobs during that time... and once the 10th Amendment review of federal usurpation begins to be scrutinized, they will be earning their stipend for sure.

JTCoyoté

"Socialism, like the ancient ideas from which it springs, confuses the distinction
 between government and society. As a result of this, every time we object to a thing
being done by government, the Socialists conclude that we object to its being done
at all. We disapprove of state education. Then the Socialists say we are opposed to
any education. We object to a state religion. The Socialists say that we want no
religion at all. We object to a state enforced equality. Then they say that we are
against equality. And so on, and so on. It is as if the Socialists were to accuse us of
not wanting persons to eat because we do not want the state to raise grain."

~ Frederic Bastiat, from "The Law", 1850


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