Once again the GOP demands federal government action on something not among the enumerated powers and so on which any federal response is irrelevant, gets the federal attention it demands, loses a skirmish, surrenders the battle — and then has no idea how to win an eminently winnable war.
And Americans continue losing the war on liberty being waged by our government against its citizens.
What are the “enumerated powers”? They are listed in Article One, Section Eight of our Constitution, and are the limits placed on the federal government by the States when the States created that federal government by ratifying the Constitution:
The Constitution’s logic is embarrassingly simple: All legislative powers not listed in Article 1, Section 8, or anywhere else in Article 1 of the Constitution, are reserved to the states under their own constitutions, respectively, or to the people of each state. [emphasis mine]
It is truly difficult to grasp the appalling stupidity of Republican Party leadership.
SCOTUS last week refused to overturn a lower court ruling that States cannot decide the manner of their elections (allowing only citizens to vote by checking citizenship), a holding directly opposite the plain text of Article One, Section Four, of the Supreme Law of the Land: “The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof.”
Checking citizenship? VoterID? Both are “the manner of elections.”
The States did not grant the Feds authority over elections. Period.
Anything the Feds say re: elections that is not covered by the disenfranchisement statement (and the ONLY constitutional penalty) in the 14th Amendment, gender equality in the 19th, poll taxes in the 24th and age in the 26th Amendments — is outside of their authority.
Holdings by SCOTUS on marriage, like lawsuits against VoterID by the Feds, are irrelevant; Federalism, the governing philosophy of our Republic and the philosophy on which our Constitution is based, requires that they be ignored.
The majority of States, 31, now are governed by a GOP governor; the majority of State legislatures, by the GOP (68 houses v. 31). SCOTUS has just held (or refused to overturn) holdings over which the federal courts have no authority: Marriage and voting.
One GOP governor who is running for the presidency and should know better, Scott Walker, even has embarrassed himself by calling for an amendment to “take marriage back.”
Newsflash: IT NEVER WAS GIVEN TO THE FEDS. Nothing – ever – was granted to the federal government allowing any say whatsoever regarding marriage.
Again – still – always – the GOP is leading the fight to accelerate the cultural decline of America by demanding its views be recognized as superior to the Rule of Law.
Demanding action by the federal government of powers not granted to that government is not federalism. It is not the Rule of Law. It is not Constitutionally limited government. It is Progressivism, Statism, the Rule of Man.
It is totalitarianism.
Marriage, like elections, abortion, homosexuality, education and a host of issues none of the business of government, are among those on which the Right DEMANDS decisions from a government that has no authority to decide them, thereby implicitly legitimizing federal authority where none exists. Federal government intrusion into these areas is a direct violation of the “Supreme Law of the Land” (Article 6).
Having recognized federal authority over these issues where none existed, the GOP then refuses to reject illegal rulings BY the federal government to which they applied.
How stupid is the GOP? This stupid.
Liberty will continue to be grabbed – and reduced – by the federal government unless and until governors and citizens of States TAKE BACK WHAT IS THEIRS.
We have a Constitution. We have laws. The federal government is violating both AT THEIR WHIM to the detriment of ALL Americans.
If the Constitution doesn’t matter, if the Rule of Law has become the rule of man, then the idea that defines America – has died.
It is time to raise our voices – and soon to raise our arms – to demand our birthright of liberty and law.
Raising our arms is why we have the 2nd Amendment. It’s not about hunting & it’s not about self-defense.
It’s about overthrowing tyrants: what our Ruling Class has become; what We the People, in our laziness, have allowed it to become.
…that, to secure these rights, governments are instituted among Men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it…
– The Declaration of Independence
If this government rejects its limited role as the servant of We the People, it will be time to rise up against it.
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”
– Thomas Jefferson
We have the tyrants.
They are in Washington, DC, and in those State Capitols that refuse to defend their, and our, rights. They rule over We the People without regard to Law or Liberty.
Do we have the patriots?
Because — IT IS TIME.
If not you, who?
If not now, when?