In their ruling of the Arizona Immigration laws, the Supreme Court declared the “discretion of the federal agents” to be sovereign over the states. In the ruling on the Affordable Healthcare Act, the Supreme Court declared the federal government to be sovereign over the citizens. The 9th Amendment makes it perfectly clear that all rights belong to the people, enumerated or not. The 10th Amendment makes it clear that aside from the power “delegated” to the federal government, EVERYTHING ELSE belongs to the people through their states. And the Federal government was only delegated very limited powers.
We have allowed our courts to stray far from the original limitations and purpose of the Constitution. Our founders never intended for the “general welfare” clause to mean the “everything welfare” clause. Madison explains in his 1792 argument against federal subsidies that the general welfare clause was not meant to expand the power of the government beyond its limitations, but to describe the purpose of the power delegated within strict confinement of those boundaries.
Believe it or not, embedded in this ruling, are the instructions for righting the ship, and bringing this nation back to where we need to be. There are three things that we as a nation must do now. We no longer have the luxury of waiting until November and seeing what will happen. First, we must keep the proper perspective. The Supreme Court is NOT the ultimate arbiter of the Constitutionality of a law. The Supreme Court is 1/3 of the federal government, with no more or less power than the other two branches.
Federalist Paper #33.
“If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution…”
He plainly tells the people of this nation, get off your backsides, stop complaining, accept the consequences of your decisions and do something about it!
“Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”
The next thing that must be done is the states must do their jobs. Madison declared our state legislators to be the “sure guardians of our Liberty.” How many of our state legislators really understand that their primary job description is to protect the people from federal encroachment?
“the State Legislatures will jealously and closely watch the operations of this Government, and be able to resist with more effect every assumption of power, than any other power on earth can do; and the greatest opponents to a Federal Government admit the State Legislatures to be sure guardians of the people’s liberty.” Basically, our states must have the courage to say, “WE WILL NOT COMPLY”. It is our states that must “redress the injury done to the Constitution.”
Not only did he give the directive, but he gave the pathway as well.
“Instead, we determine, first, that §1396c is unconstitutional when applied to withdraw existing Medicaid funds from States that decline to comply with the expansion… As a practical matter, that means States may now choose to reject the expansion; that is the whole point.”-
The states must have the courage, the strength, and the resolve to lead their people through this process. Demand that they do as Justice Roberts has said – DO NOT COMPLY. It is time that we limit the executive branch of government once and for all. The ONLY way we will do that is to have a properly functioning Congress.
We must require them to become proficiently trained in the principles of the Constitution and then hold them immediately accountable when they fail to protect it.
No more trading Liberty for Security. No more compromising of Constitutional principles. No more legislation born out of fear or the dreaded “necessity”. We will allow only laws that limit the government and comply with the original intent of our founders.