Tag: federalism

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general freedom local leaders Tenth Amendment federalism

Utah and the Tenth

Utah and The Feds

The trouble with the Ninth and Tenth Amendments to the Constitution — the last two items in the Bill of Rights — has not been lack of clarity. The Tenth, at least, is extremely clear: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The problem has been one of enforcement. How do the States prevent the federal government from overreach? Especially when the federal government acts as if no objection to a federal law could be brooked? Especially when the Supreme Court is, ahem, wrong, or hasn’t yet been approached with a challenge.

Utah has rediscovered an old technique. And revived it. Governor Spencer Cox signed into law the “Utah Constitutional Sovereignty Act”: “The Legislature may, by concurrent resolution, prohibit a government officer from enforcing or assisting in the enforcement of a federal directive within the state if the Legislature determines the federal directive violates the principles of state sovereignty.”

Ultra clear. And by old precedent — the non-​enforcement of The Fugitive Slave Act by some northern states — it provides teeth to the Tenth. If the federal government were to enact (just stretch your mind a bit!) something obviously unconstitutional, like, say, a gun confiscation, the state legislature would simply vote to prohibit any state employee, or subsidiary of the state (county, municipality) from working with federal agents. Federal government agencies don’t have enough manpower to enforce all the rules. The feds rely on the states.

CNN quotes a Democrat representative running against Governor Cox suggesting that the use of this technique would be overruled by the Supreme Court using “the Supremacy Clause.”

No. The Supremacy Clause only applies to the federal government regarding specified (“enumerated”) powers. 

Regarding matters not explicitly stated in the Constitution, it is the States that are supreme.

Or the People.

This is Common Sense. I’m Paul Jacob.

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Accountability election law Tenth Amendment federalism

States Still Have a Role

Nancy Pelosi, Federalism, Nationalism

When asked what kind of government had been proposed at the Constitutional Convention in Philadelphia, Benjamin Franklin famously responded: “A republic, if you can keep it.”

But Old Ben did not clarify the nature of the republic. 

It was to be a federal republic. 

In the new Constitution — which was adopted by the states over the next few years — the States were sovereign, the general government given a concise and limited list of tasks to perform.

Since then, nationalism has won most of the big battles, but federalism remains vital as a principle, re-​asserting itself in interesting ways.

Most recent? “Texas Attorney General Ken Paxton receives huge win with court ruling delivered on Tuesday deeming the $1.7 trillion omnibus spending package passed in 2022 unconstitutional,” as Leading Report explained on Tuesday. “This victory marks a pivotal moment in Paxton’s challenge against the legislation, highlighting concerns over the bill’s approval process.”

At issue is Consolidated Appropriations Act of 2023, which President Biden signed in December 2022, with the U.S. District Court for the Northern District of Texas, Lubbock Division, concluding that “by including members [of U.S. Congress] who were indisputably absent in the quorum count, the Act at issue passed in violation of the Constitution’s Quorum Clause.”

As Paxton gleefully summarized, “Former Speaker Nancy Pelosi abused proxy voting under the pretext of COVID-​19 to pass this law, then Biden signed it, knowing they violated the Constitution.”

The story, as Leading Report argues, “showcases the role of state attorneys general in upholding constitutional principles and ensuring adherence to legal frameworks within the realm of federal governance.”

The States have some say. Still.

This is Common Sense. I’m Paul Jacob.

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national politics & policies too much government

No Federal Solution

Joe Biden, covid, masks, vaccines, federal, state

In a virtual meeting, online, the National Governors Association talked with President Joseph R. Biden, Jr., last week. The biggest issue? COVID.

About COVID tests, “I wish I had thought about ordering a half a billion two months ago,” Mr. Biden confessed. 

While serious people are taking this seriously, blah blah, the truth may be that tests do more harm than good. There have always been problems with the tests: too many false positives; they induce panics at mere “case” levels, thus feeding propaganda and unworkable government “solutions” to the “crisis.”

About which Biden now admits he’s got … nothing. 

Having run against Donald Trump and his alleged lack of a plan, boasting how the Democrats would conquer COVID, Biden now declares defeat: “Look, there is no federal solution.

“This gets solved at a state level,” acknowledged the president, “. . . and it ultimately gets down to where the rubber meets the road and that’s where the patient is in need of help, or preventing the need for help.”

That last phrase is odd. 

“Preventing the need for help” sounds like he might mean patients taking control of their health care and their own immune systems. Could Mr. Biden be alluding to Vitamin D, Vitamin K, zinc, HCQ, Ivermectin, and many other immune system boosters and virus blockers?

Or Biden could merely be fumbling. He’s made much of the Omicron Variant, including at the governors’ meeting. But instead of addressing the actual trend of the latest iteration, politicians and propagandists push the idea that Omicron is deadly, when the evidence is clear: it is much less deadly than previous variants. 

The great danger of COVID remains the governmental response.

Including, alas, Biden’s.

This is Common Sense. I’m Paul Jacob.

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