Insidious Usurpation

by Kelly Galbreath

“I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.”
–James Madison

James Madison warned often of the encroachments of a central government, and warned that a central or federal government needed to be kept in check by a balance of power. The cornerstone of this balance of power was the will of the people being governed expressed not only in Congress but ultimately through the sovereignty of the individual states.

The federal government has over-reached and encroached on state sovereignty for decades – and under the leadership of both Republicans and Democrats. Each time the federal government has gone unchecked it has become bigger and bolder – and continues to do so with each usurping of power belonging to the states. The passing of Obamacare, just might be the coup de grace, or at least a giant step toward bringing down the republic.

What do I mean by such harsh rhetoric? Consider the Weimar Republic. This is the name of the parliamentary republic established in Germany in 1919. Although it was governed by a constitution, much the same as we are, the republic fell to Adolf Hitler and the Nazi Party in the 1930’s through a usurpation of power. Simply put, it was done by passing legislation that enabled Hitler to circumvent their constitution.

It is noteworthy that one of the first major takeovers by Hitler of the public sector was health care. While it is argued that Obamacare does not constitute a takeover of the health care system, I submit that it is a gradual, insidious usurping of power, the likes of which Madison warned against.

Have you ever played a game in which the rules constantly changed to benefit your competitor? There is absolutely no way to win in such a scenario, and Obamacare is just that. The government regulates the market in which it has become a player. The competitors, the private insurers, cannot possibly compete and will therefore be forced to operate at a loss.

Since no one goes in business to lose money, eventually the private insurers will have no choice but to leave a losing market leaving only the government as the sole insurer of the public. The result will be sky- rocketing health care prices, and ultimately, rationed care – as such a system is too costly to sustain, especially given an already weakened economy.

Ultimately, if we continue on this path of unlimited spending and borrowing, the economy will collapse under the weight of all of the social programs and public health care, the republic as we know it will have gone a fundamental transformation, the likes of which President Obama himself spoke of on the campaign trail.

What can be done to stop it? Madison himself gave us the answer:

“Resolved, That the General Assembly of Virginia, doth unequivocally express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic … That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid than they are authorized by the grants enumerated in that compact; and that in case of deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”

So likewise did Thomas Jefferson:

“RESOLVED: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy.”

Nullification by Thomas E Woods

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Therefore, the solution lies with you and I, holding our state legislators accountable to the people that elected them to office, and to the Constitution which they have sworn to uphold. Insist that your legislators stand on the Tenth Amendment and assert the sovereignty of their state. Insist that they vote to nullify every unconstitutional piece of legislation passed by Congress. The time is now as never before, that we the people, arise from our slumber and stand for liberty.

Kelly Galbreath is the State Chapter Coordinator for the Missouri Tenth Amendment Center.

Copyright © 2010 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

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14 Responses to Insidious Usurpation

  1. Frank-O June 6, 2010 at 4:04 pm #

    Great reminder. It's WE THE PEOPLE who are supposed to be in charge!

    • theotherguy June 7, 2010 at 2:42 pm #

      And when has THAT ever been the case for real? I think it's all a dreamland idea.

  2. Phil June 7, 2010 at 3:41 pm #

    Because the Tenth Amendment has not had the teeth of enforcement, nor has the sovereignty of the states governments, it would seem that attempting to fix the problem with the previous ineffective cure would be beyond suggestion. What my fellow Tea Party politicos fail to realize is that runaway politics is the problem that have proven to be beyond self-constraint.

    Therefore, the real solution lies deeper than politics and lies in the realm of religion. Indeed, it was the Christianity of John Calvin upon which our experiment in human governance was founded. And myriad founders, politicians and philosophers well understood that American Constitutional government required a foundation of Christian morality of the Reformed persuasion in order to operate effectively. And over the centuries it has been that particular moral persuasion that has been eroded.

    The deeper problem is not the morality of the politicians, as disgusting as that is. Rather, the deeper problem is the morality of the people whom said politicians accurately represent. Thus, the previous commenter is correct to a point. To illustrate that point we need only ask which "we the people" would like to take charge of the oil spill?

    It is not that "we the people" are to be in charge, but that "we the people" are responsible to "you know Who," and who is actually in charge, and is working to correct a long history of usurpation of authority.

    • Gary Henderson June 9, 2010 at 5:28 am #

      Phil,

      Appreciate your comments. We do walk an interesting matrix, as Christians and citizens. I think we need to pursue both priorities.

      On the one hand, He says, "If my people, who are called by my name, will humble themselves (and other actions)… I will heal their land…" Interesting that His offer is to heal the land regardless of what the other people are doing, those NOT called by his name. They get the benefit, deserved or not, as a side effect of His people responding to Him as they should. Or, vice versa, geting the side effect of the land NOT being healed, if we do not respond to him, whether they know that's the real operational dynamic or not.

      On the other hand, the Constitutional Republic was brilliantly formed, clearly under His guidance, and has produced blessing for the world beyond any in this world's history. It is a great gift, and one worth defending against all attack, for the benefit of our descendants and those of all nations who thereby benefit from more freedom, etc, as they have in the past.

      So as His people we respond to Him, whether He chooses to save the nation from tyranny or not… and as citizens, we do whatever we can to preserve the blessings of His prior gifts, always mindful that our allegiance to the Giver supercedes our allegiance to His gifts!

      This dual responsibility bears some public discussion, I think, and needs to be explored further by Christian patriots. I think I'll go paste this into my own blog, for what good it might do … !

      Again, thanks.

  3. RepealThe16thA June 7, 2010 at 9:28 pm #

    The federal government is going to continue to use the 10th Amendment as a floor mat until citizens start understanding the problems associated with the 17th A., IMO.

  4. Gary Henderson June 9, 2010 at 5:17 am #

    Reposted on the blog "Loving God, Loving America". Thanks, Kelly!

  5. Monorprise June 13, 2010 at 7:28 am #

    Nice article

  6. Teresa June 14, 2010 at 11:01 am #

    Demand that your state legislators support and approve Default Nullification – a state constitutional amendment that automatically nullifies all UN-enumerated federal laws and regulations. "Enumerated" is strictly defined in Article One, Section 8 of the US Constitution. Each state legislature must then go in assess, adopt, approve, and fund said federal Un-enumerated laws or regulations. If the legislature fails to do so, the issue remains null and void in that state.

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