Suicide or Survival by Civil (dis)Obedience
With the 2012 election, America has committed suicide. The Republic of our Founding Fathers cannot survive. There is nothing that you or I can write, say or do that will change that. Dead. We must move on to things we can change and do something about, beginning with restoring the character, strength and integrity of God's creation; the individual; the American citizen. If the nation cannot survive as a republic, its values can survive through its people.
Equality? We are all equal only at creation. Our task now is building a nation of “more than equal” individuals reviving America with the power of individual superiority.
Restoring character, values and building skills are starting places.
We can rebuild America's character with a return to our traditional Judeo-Christian foundations. History is of great value because we have been a nation of superior individuals before. Two historical documents provide the clues to our survival as individuals and States. First as individuals. The Declaration of Independence tells of the gifts to individuals' – God given inalienable rights among which are the rights to life liberty and the pursuit of happiness. Actions to confirm these right were taken by individuals – the Sons of Liberty among them. There was and still is no tie to government. God gave rights to each of us. Not to a government. Violations of those rights are not and should never be enforceable. Just because the Federal (or state) government says something is so doesn't make it so. We may willingly give up some freedoms for the sake of security. They cannot be taken from us arbitrarily unless we are so passive and ignorant we let it happen. We must learn again to be free.
The second bit of history reinforces those individual rights. It firmly establishes the rights of states to label certain Federal laws and regulations as not within Federal jurisdiction and, thus, unenforceable. This fact is based on an agreement or contract between the states and the Federal Government. During the ratification process of our Constitution, a number of states were refusing to ratify because they did not trust the Federal Government to really limit its power over its citizens (the Anti-federalism movement). In a direct and specific effort to win ratification votes from the distrusting states, James Madison presented “Guarantees” in the form of the “Bill of Rights.” Rights guaranteed to the people and states. The contract was sealed and paid for with the votes of approval of anti-Federalism states. This contract insured the rights of both the states to retain their sovereignty and the people to retain their “God given Rights.” That agreement is still in effect. It can and should be exercised with full force if states and individuals wish to. How can that happen? First, by reestablishing the guaranteed rights of states outside of enumerated powers. Any law or regulation which violates the intent of the “contract” or agreement paid for with approval votes should be considered unenforceable. While states with the approval of its citizens may agree to variations, the Federal government may not exert unfounded power just by declaration or by passing a self serving law or enacting a regulation. It's unenforceable no matter what the Supreme Court may say. If it violates the Contract or agreement, it is unenforceable. Next, the state may exercise its rights to jurisdiction over matters which occur exclusively within and effect only citizens of the state. The Federal government may not create imaginary powers over state citizens. That, too, violates the agreement. One major effect would be to keep appeals to State Court decisions out of Federal Court. In those cases the ultimate authority would be the State Supreme Court. The Federal Supreme Court would have no Jurisdiction. Attempts to illegally enforce those illegal regulations would be subject to criminal charges. Federal Judges would be subject to arrest if they so ordered. The state must reestablish its authority and its jurisdiction. On purely state matters the federal courts including the U.S. Supreme Court has no jurisdiction and their rulings in such cases are unenforceable. To make these things happen will take courage. It is a testicular matter – an anti-partisanship matter. A really tough job will be to cancel the effect of precedent based of violations of the agreement in out of jurisdiction situations. Examine all previous out of jurisdiction decisions and demand that they be reversed. In the meantime refuse to enforces them and reject any decision which has in it the precedents that fail.
The greatest contributor to an establishment government that serves all parties is a lack of representation by states in the federal legislative process. In 1913 states handed themselves the biggest deflowering of states' rights and power with the passing of the 17th amendment. Since that time states have had no official representation in Washington. Senators almost universally represent their party. They claim to represent their states by sending money home when in reality they send money home to get reelected. To restore the balance of power and the separation of powers, the 17th amendment should be repealed. This is something the states by themselves can bring about. The claims of corruption may have the ring of truth. But politics is a business of corruption where the norm is for politicians to trade away their values and their constituent's rights for their own benefit. Our current legislators are as corrupt as were the Senators in the 1900s, just in a little different way. But they clearly represent themselves and their parties rather than their state and its people. Repeal the 17th Amendment. This can do little harm and promises to restore some of the lost sovereignty of states. These are things that can and should be done.
Restore states rights by limiting unlawful federal enforcement of acts that violate the original intent of the Bill of Rights. Reinstate the jurisdiction of State Courts over Federal Courts in purely state matters. Repeal the 17th amendment to return sovereignty to the states.
A good beginning point would be to send no money to Washington or take no money from Washington which is not authorized by “original intent” or sundown agreements.
There are undoubtedly many more areas where states can regain their power. I invite all readers to contribute their thoughts on the matter. All is not lost but we must take a different approach to succeed.