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During a recent radio appearance, a caller challenged my assertion that state legislatures should nullify the federal health care act, along with a slew of other unconstitutional measures.
His reasoning?
The federal government might be mean to us.
He came up with a litany of actions the feds might take. They could yank all of the state’s funding. That would mean no more roads or schools! They could stop paying benefits to people living in the state and create a rebellion of dependent people. They could virtually quarantine and isolate the state until it complies. Heck, they could even roll tanks into the streets!
OK, he didn’t include the tanks, but I honestly think that was in the back of his mind. The caller was clearly in awe and scared to death of the federal government. He wasn’t about to risk its wrath for something as trivial as stopping them from cramming a one-size-fits-all health care system down 300 million American throats.
At the time, I tried to convince the caller that the feds wouldn’t dare retaliate in that manner. It would prove politically suicidal. I argued the feds would likely back down, especially if a bunch of states nullified. That was, after all, Madison’s viewpoint.
Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.
But when I thought about it later, I had to concede the caller had a point. The feds might well retaliate. They could certainly yank funding. They could conceivably tell the “rebellious” states they weren’t providing any more federal assistance. Heck, if things got really crazy, the feds could even roll in federal agents, arrest state legislators and declare martial law.
Would they?
Probably not.
Could they?
Certainly.
On paper, the federal government could crush any state, or even a number of states united in opposition. It is big, powerful and overbearing.
So was England in 1776.
In fact, England arguably stood as the most powerful nation on the planet at the time. It was said “the sun never sets on the British Empire.” Her navy ruled the seas. Her army could turn vast fields into a sea of red. She wielded enormous economic power. And she held the colonies tightly under her thumb.
But that didn’t stop the Americans from looking the British square in the eye and declaring, “We will live as free and independent people!”
The colonists valued liberty more than security, especially a false security under a despotic and tyrannical ruler who refused to respect any limits on his own power. I’m certain more than one hand trembled as it gripped a quill pen and inked a name on the Declaration of Independence. Those men must have felt the icy fingers of fear as they boldly pledged their lives, their fortunes, and their sacred honor.
And this guy is afraid the feds might yank some funding.
Wow.
At some point, you must face down a bully. You can only let him take your lunch money for so long. If you continue to allow him to dominate you, he will take more and more and more. At some point, you’ve got to punch him in the nose.
Yeah, he might punch you back.
You know what? Then it’s on.
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The U.S. federal government thinks its power unlimited. The feds believe they can control any and every aspect of your life. If they can’t directly control it, they will tax you into submission. The general government has no respect for its constitutional boundaries and mocks the states that created it – the states it was meant to serve, not lord over. The Supreme Court decision legitimizing the insurance mandate… I mean penalty – err, tax – should prove to everybody once and for all that the feds will never limit the power of the feds. Washington D.C. won’t fix the problem that is Washington D.C.
The states must stand up and do their duty. They must interpose to halt the progress of evil. Nullification IS the rightful remedy. Not a rebellion, but a legitimate check on federal power.
We simply cannot live in fear. If we do, we will live in chains.
On Aug. 1, 1776, Samuel Adams delivered a speech at the State House in Philadelphia. He offered a message for those who would shrink in fear.
“If ye love wealth better than liberty, the tranquillity of servitude than the animating contest of freedom, — go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!”
Never more true than these days. Chains are not tight enough yet to cause discomfort. Need a little more devalue of dollars.
Here you go liberals socialists and obama supporters. can we help you pack your bags? or are you intent on the complete destruction of this once great nation? I know it’s a rhetorical question!
Second favorite founding quote.
Best one, Amos?
While we wait for Amos, I’ll nominate this one:
“Hold on, my friends, to the Constitution and the Republic
for which it stands. Miracles do not cluster, and what has
happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.”
~Daniel Webster
Thank you, Daniel Kenoyer (and Daniel Webster!). I’ll be sharing that jewel!
Agreed Nullification IS the rightful remedy to this evil! If we are to live in fear of Washington’s possible reprisals then we shall most assuredly live in chains.
The truth is our Federation was founded upon standing up to a distant overbearing bully many times our own size & strength because that bully, then as now refused to respect our right. Well that bully as I’m sure you remember was the British Empire, and in that day it was rulers of a quarter of the world, and master of the sea. But we resisted it anyway, we stood up demanding our right and it wasn’t easy but we won our freedom.
Yes this bully will try to crush us, but it will only succeed in doing so if & when we give up and allow our desire for freedom to be crushed by this monster. Otherwise it will inevitably find itself expending far more effort to control & suppress us than we are worth.
We are wondering what North Carolina is going to do….Are we to go down with the crooks….
Are we bought already?
Nullification is the rightful remedy to this evil. I hope this would happen with many more states joining in and doing so, but after talking with many neighbors I see that most of the people around here will believe what they are going to be hearing off the MSM and will turn on those that want this nullification to take place. This action by this administration is one of the bigger things going on, but if you are into reading about what they are doing with the food we choose to eat and the water we drink and not to make a long list, but there are many other things this present government is doing against the people of this nation, then we should be including all of these devilish works in progress as we are here talking. I can see them withholding the life support of millions of people in each state that takes part in the nullification if my state were do so and the gov does cut me back because of it. Well for one thing, the bank would not feel sorry for me to not be able to pay a mortgage payment, but I am ready for the fight this will take. What really gets me is that those we see doing these things are not the ones really running the government, but it is that hidden evil cabel that runs the puppet president O and those are the ones we have to stop to keep this a nation run by the people. I truly believe that those hidden people are from the federal reserve bankers and the big war corporations. Stopping them from killing the rest of what is left of this country would mean that those people that work for them also would have to stop their working and suffer without that paycheck. Right there is the biggest problem, people that work for a paycheck, damn be the rest of the world as long as I get paid.
I feel ashamed to live in a state where a DumboCrat Governor Mark Dayton, in honoring Socialism acted to get in bed with Obamacare and to expand Medicare in Minnesota so that action to reject and refuse Obamacare will not happen. I wish nullification by Minnesota were still possible but doubt the DumboCrats in this state will ever cultivate enough brain cells to make such a decision. I even expect the DumboCrats to vote for B.H.O. again.
I also feel ashamed as well of the Governor of my State of Insanity called Illinois . Governor Quinn and most of our States Legislatures sticks their noses right up Obama’s collective ass and sucks as much of Obama’s shit as they can get.
@MikeYoung You can’t expect Obama’s home state to abandon him or his policies nor many other States dominated by such kin.
This is the sad truth of faction in that many are willing to give up their freedom as long as they think it is their choice and thier leaders will. I remember the feeling well myself back before 2008.
I remember many of the things Bush did which were userpations and I felt ok with them because Bush was doing them and the power involved seemed outside of the reach of those who would uses it against us. It is my hope that those on the left will remember as I do that some doors should not be opened and indeed many doors must be closed.
@Monorprise Pandora learned that many moons ago. But many flesh-and-blood people think they’re smarter than allegorical people.
Vivian Grace Branch – please sign and share this petition to nullify obamacare in NC! http://northcarolina.tenthamendmentcenter.com/nullifyobamacare/
Nice article. Your response to the caller’s concerns underlies my push for repealment of the U.S. Constitution’s 16th and 17th Amendments. The fed thrives on the adage “money talks ….”. Congress’ added power of individual taxation allowed them to exploit states via grants, earmarks and social spending schemes. To add insult to injury, they then stripped sovereign state governments of their national voice through the 17th amendment. DC’s socialist wannabe clowns in 1913 knew exactly what they were doing. It’s very comforting to see the Tenth Amendment Center’s efforts at pulling our representative republic’s framework of federalism out of the national progressives’ gutter and back onto our founders’ well placed tracks.
@West Texan You are absolutely right!
@West Texan No argument here. Althou the Federal Constitution including all amedments there to, seem to have little meaning to washington.
For example nether the 16th amendment says nothing of any other form of direct tax, yet Obamacare was upheld by their employees as a tax upon every individual. The point is whatever the text of our Federal Constitution reads, as long as their the ones reading it, it will be read to say they can do what ever they want to do.
@Monorprise Supreme Court Justice Roberts’ “Obamacare” decision validates your concern. As NY Supreme Justice Yates stated in 1788, writing as the anti-federalist “Brutus”, ” … the judicial power of the United States … would strongly incline to give [the U.S. Constitution] such a construction as to extend the powers of the general government, as much as possible … to the [eventual] destruction , of that of the respective states.”.
What we’re facing is not new as evidenced by America’s revolutionary and civil wars. Our country’s founders had established a safe course toward individual liberty and prosperity. Sure, our early history was badly marred by evils like slavery. But today it’s been highjacked by progressives who’ve managed to force our country into a dangerous spiral to the demise of all Americans, regardless of race, gender or creed.
@West Texan Anther most agree point, I suppose we should be looking at more formalized options for removing that power from them more… indispuably than the current option of nullifcation.
To be clear i don’t think it wise to prevent the Federal court from upholding the Federal Constitution i simply don’t think it acceptable that they(Federal employees) be the only ones capable of doing that.
RT @TenthAmendment We simply cannot live in fear. If we do, we will live in chains.… http://t.co/8ZDZAkpc
The worthy Gentleman tells us, we have no reason to fear; but I ALWAYS Fear for the Rights of the People…
George Mason, 1788
http://www.teachingamericanhistory.org/library/index.asp?document=2535
Amen!
If the State legislatures are living in fear of the Federal Government yanking away their Federal Funding until the States bow down to the Federal Government then the State legislatures need to remember just where the Federal Government gets their funding from to begin with. The Federal Government gets their funding from the States sending this Federal Tax money into the federal Government.
The State Legislatuires could easily band together and refuse to send in Federal Tax Revenues to support the Federal Government, eccentially starving the beast that is holding the Individual States hostage, and then forever be free from the gigantic monster the States created.
Every State has their own version of an EPA,Department of Transportation, FDA, Health and Human Services, Homeland Security, Department of the Interrior, Department of Energy,Virtually every Federal Department we currently have could be replaced by an individual State Department and we could stop duplicating these services on both a State and Federal level.
All of these services could easily be performed by the individual States and the Federal Version of these agencies could be abolished altogether, which would save the taxpayers Billions of Dollars yearly.This would be an easy way to subdue the beast called the Federal Government. But the State legislatures need to stand strong and not back down because of threats of losing funding made to the State Legislatures by the Federal Government.
@MikeYoung An escrow accout would require a vast collation of States I think no less than 15 working together to inact simultaneously to overwhelm federal response capabilities and force a concession.
Even then it is risky and requiring much in the way of political support, the last thing we want is Washington coming in with the army guns blazing. While I think attempting to build such a collation is something we should be doing, we should not expect to accomplish that goal any time soon. I think it would easily take 20 years to pull enough states together with the political will to pull off such a bold move.
Still if such a system were to be put into place it would serve as a future guard against further federal encroachments and might even be able to force some reverses. It could be sold as democratic as the States participation would treat it like a union with rules for “Strikes”.
The Feds will no doubt be relentless in their attacking our States ability to enforce the escrow. They well not give up their access to our wallets willingly or easily. Thier employees in blackrobes will no doupt form the frount line of their attack. If our States can’t resist that attack than this is for not.
So it seems to be undermining the legitimacy of the Federal “court” system on Constitutional matters remains a top priority.
@MikeYoung Agreed. James Madison shared your view in federalist essay 45.