Wednesday, March 3, 2010
Comity Clause aka Privileges & Immunities Clause
It is clear to me the redundant Comity Clause or Privileges [rights--see Madison] & Immunity Clause, 14th Amendment & Art 4 Sect 2, are being quite overplayed. The Bill of Rights express specifically those which are the rights of every citizen of the United States and the 50 states [republics]. These Rights were always intended to apply to both the States & Federal governments no matter what any revisionist [Progressive] might stipulate. Of course, I am one who believes the other 17 Amendments are but redundant and superfluous, assuming one can read. The Bill of Rights are mine; you can have the rest of them.
Tuesday, March 2, 2010
Monday, March 1, 2010
Nullification
"The several States composing the United States of America, are not united on the principle of unlimited submission to their General Government."
--Thomas Jefferson http://www.tenthamendmentcenter.com/2010/03/01/its-not-about-political-parties-its-about-liberty/
States Should Oppose Federal Usurpation
Thomas Jefferson: “I see, as you do, and with the deepest affliction, the rapid strides with which the federal branch of our government is advancing towards the usurpation of all the rights reserved to the States, and the consolidation in itself of all powers, foreign and domestic, and that, too, by constructions which, if legitimate, leave no limits to their power. Take together the decisions of the Federal Court, the doctrines of the President, and the misconstructions of the constitutional compact acted on by the legislature of the federal branch, and it is but too evident that the three ruling branches of that department are in combination to strip their colleagues, the State authorities, of the powers reserved by them, and to exercise themselves all functions foreign and domestic.
Under the power to regulate commerce they assume indefinitely that also over agriculture and manufactures and call it regulation to take the earnings of one of these branches of industry, and that, too, the most depressed, and put them into the pockets of the other, the most flourishing of all. Under the authority to establish post roads, they claim that of cutting down mountains for the construction of roads, of digging canals, and, aided by a little sophistry on the words "general welfare," a right to do not only the acts to effect that which are specifically enumerated and permitted, but whatsoever they shall think or pretend will be for the general welfare.
And what is our resource for the preservation of the constitution? Reason and argument? You might as well reason and argue with the marble columns encircling them. The representatives chosen by ourselves? They are joined in the combination, some from incorrect views of government, some from corrupt ones, sufficient voting together to outnumber the sound parts; and with majorities only of one, two, or three, bold enough to go forward in defiance.
Are we then to stand to our arms ? No! That must be the last resource, not to be thought of until much longer and greater sufferings. If every infraction of a compact of so many parties is to be resisted at once as a dissolution of it, none can ever be formed which would last one year. We must have patience and longer endurance then with our brethren while under delusion; give them time for reflection and experience of consequences; keep ourselves in a situation to profit by the chapter of accidents; and separate from our companions only when the sole alternatives left are the dissolution of our Union with them or submission to a government without limitation of powers. Between these two evils, when we must make a choice, there can be no hesitation.
But, in the meanwhile, the States should be watchful to note every material usurpation on their rights, to denounce them as they occur in the most peremptory terms, to protest against them as wrongs to which our present submission shall be considered, not as acknowledgments or precedents of right but as a temporary yielding to the lesser evil, until their accumulation shall overweigh that of separation. I would go still further and give to the federal member, by a regular amendment of the constitution, a right to make roads and canals of intercommunication between the States, providing sufficiently against corrupt practices in Congress (log-rolling, etc.) by declaring that the federal proportion of each State of the moneys so employed shall be in works within the State, or elsewhere with its consent, and with a due salvo of jurisdiction. This is the course which I think safest and best as yet.” Letter to W.B. Giles, 1825
State and Federal Governments are Equal Partners
State Governments are Barriers of Our Liberty
Thomas Jefferson: "But the true barriers of our liberty in this country are our state governments; and the wisest conservative power ever contrived by man, is that of which our revolution and present government found us possessed. Seventeen distinct states, amalgamated into one, as to their foreign concerns, but single and independent as to their internal administration, regularly organized with a legislature and governor resting- on the choice of the people, and enlightened by a free press, can never be so fascinated by the arts of one man, as to submit voluntarily to his usurpation. Nor can they be constrained to it by any force he can possess. While that may paralyze the single state in which it happens to be encamped, sixteen others, spread over a country of two thousand miles diameter, rise up on every side, ready organized for deliberation by a constitutional legislature, and for action by their governor, constitutionally the commander of the militia of the state, that is to say, of every man in it able to bear arms, and that militia, too, regularly formed into regiments and battalions, into infantry, cavalry and artillery, trained under officers, general and subordinate, legally appointed, always in readiness, and to whom they are already in habits of obedience. The republican government of France was lost without a struggle, because the party of " un et indivisible " had prevailed, no provincial organizations existed to which the people might rally under authority of the laws, the scats of the directory were virtually vacant, and a small force sufficed to turn the legislature out of their chamber, and to salute its leader chief of the nation. But with us, sixteen out of seventeen states rising in mass, under regular organization, and legal commanders, united in object and action by their Congress, or, if that be in duresse, by a special convention, present such obstacles to an usurper as for ever to stifle ambition in the first conception of that object. Letter to De Tracy, 1811"