Turning the Constitution on its Head

With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another step down the long road of “incorporating” the Bill of Rights into the Fourteenth Amendment’s Due Process Clause. In doing so, it continued down the path toward completely inverting the model of government to which The People agreed when they ratified the Constitution.

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New Oklahoma Sovereignty Resolution

In response to Governor Henry’s veto of House Joint Resolution 1003, Oklahoma State Rep. Charles Key has reintroduced the resolution as House Concurrent Resolution 1028. Passage in both the House and Senate on a concurrent resolution will not require signature from the governor.

HCR1028 is “A Concurrent Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.”

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Parting Company

As with any compact, one party does not have a monopoly over its interpretation, nor can one party change it without the consent of the other. Additionally, no one has a moral obligation to obey unconstitutional laws. That’s not to say there is not a compelling case for obedience of unconstitutional laws. That compelling case is the brute force of the federal government to coerce obedience, possibly going as far as using its military might to lay waste to a disobedient state and its peoples.

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Principle of states’ rights is neither new nor ‘radical’

As a country governed by a written Constitution, the right to keep government in check is vested in “we the people.” That means that we, the people of this country, cannot be forced to accept an oppressive and intrusive federal government. Under Senate Resolution 632, the Georgia Senate expressed bipartisan support for the principles of Jeffersonian democracy.

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