Posted by
Civis on Thursday, February 26, 2009 9:38:00 PM
There may be no greater check on the federal government than a State or a group of States mounting reasoned and peaceful opposition to federal encroachment. By boldly challenging the right of the federal government to pass laws outside the scope of constitutionally delegated powers, the States can play an important role in limiting the centralization of power. The threat of nullification is one tool in the belt.
The US Supreme Court is not the only entity that can challenge the Legislative and Executive branches of the federal government. The States have forgotten their role as one of the checks on federal power. Instead they line up at the trough to beg for their fair share from the Democrats and Republicans in Congress. If by chance a leader arose in State government that could stand up and defend the US Constitution, a movement may be born.
The Republicans, at the federal level, failed miserably when the opportunity was ripe for limiting the centralization of power and promoting classical liberalism. To make matters worse, it has been portrayed in the media and by the new administration that the conservative laissez-faireform of government was tried and shown to be ineffective. It is now up to the States to produce a movement to regain their sovereignty in the matters outside of national defense, foreign relations, and interstate/foreign commerce.
There is no one size fits all solution coming out of Washington. It is arrogant for the powered elite to think they have the blanket solution that will solve the ills of a diverse and geographically dispersed people. Each State must be given the opportunity to create environments for its citizens to prosper without the central government’s excessive tax burden and string pulling.
A nullification debate (crisis) would be healthy for our republic. The alternative is to amend the Constitution to consolidate power in the federal government and adopt a direct democracy. At least we would then be in line with our Constitution.
Federalist 10
"A pure democracy can admit no cure for the mischiefs of faction. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party. Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths."
Federalist 46
….. should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.