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Constitutional Matters - Who Decides Constitutionality Last: 02/29/2016

Who decides when the federal government has acted outside of those delegated powers? Most Americans will quickly answer, “The Supreme Court, of course!”

Thomas Jefferson emphatically disagreed, arguing that the states make the determination in the last resort (by Nullification). Jefferson pointed out the absurdity of a branch of the federal government determining the extent of the federal government’s powers in the Kentucky Resolutions of 1798.

  • The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

From elementary school on, we learn that the Supreme Court gets to make the final decisions on all things constitutional. In fact, the idea is so deeply engrained in the American psyche, to assert otherwise generally elicits howls of indignant protest. But if you stop and think about it, you will recognize the notion makes absolutely no sense.

Essentially, Supreme Court apologists argue that after fighting a bloody war to free themselves from a tyrannical government, the founding generation ratified a Constitution specifically limiting the general government’s power, insisted on a Bill of Rights to further define the limits on that power and ratified an amendment explicitly stating what was already implicit – that all powers not delegated to the federal government remain with the states and the people. Then, after all this, those same people gave one branch of the federal government absolute authority to interpret the Constitution.

That is ridiculous! This video and the following paragraphs explain why!

Losing our Libertay One Case at a time

Simply put, if the federal government gets to decide the extent of its own power, through its own judicial branch, and the people of the states possess no mechanism to hold the government it created in check, the whole notion of limited, enumerated powers becomes a farce. The federal government, in practice, becomes one of limitless power.

That was not the intent of the founding generation. They never envisioned nine federal employees determining the extent of federal power. They knew that a self-limiting institution simply doesn’t exist, and they would have never allowed the creation of one to rule over them.

James Madison emphatically asserted that the states retain absolute authority.

  • The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.

Read more at about this here Who Decides Constitutionality.

Read more articles about Constitution at The Tenth Amendment.com.

Nullification

Nullification is any act or set of acts which renders a law null, void or just unenforceable

Best selling author Thomas Woods was Monday's keynote speaker and addressed the sheriffs and their guests at the evening's banquet, delivering a sweeping and humorous history of nullification by the states, and how it comports with the sheriffs' efforts to nullify federal and state tyranny.

"And suddenly people are peering into the long neglected Thomas Jefferson toolkit. And they're looking for things that might work. Now some of these things, like nullification, I have to warn you, are not approved by the New York Times. And, in fact, what I tell you tonight does not fall inside that box that all good Americans are supposed to confine themselves to. We're supposed to be in that box. You all know it. It goes from Joe Biden to Mitt Romney. You're allowed to be somewhere in there. But, if you stray a little bit over here citizen, be careful, be careful - you're not respectable. Well my view is, is that it's our job as good and decent Americans to crush that box into the ground and then set it on fire."

For more see the comments of this video!

Thomas Woods: Nullification a Tool We All Have

Read how states can Nullify a Federal Law here.

And read about Jury Nullification.

Executive Branch (law enforcement starting with the President)

No government official must enforce a law that he believes would violate his oath. See Alien and Sedition! This applies to all Law enforcement officers (including the POTUS). All took Oath to uphold the Constitution, thus have to enforce the Constitutional laws. Does that say if he/she thinks the law is Unconstitutional, they don't have to enforce it? YES! Although they need to document/explain why law is Unconstitutional.

OK, this legal entanglement is beyond the scope of this website. Although I do believe the above paragraph summarizes centuries of laws.

Balance of Powers

US Constitution - All 3 Branches Responsible
for Upholding & Interpreting It

These videos explores further the lost idea that all 3 federal branches of power ~ Congress, the President, and Supreme Court are responsible for Upholding and Interpreting the U.S. Constitution. Today's idea that Supreme Court has the final say on what is Constitutional was never an idea that the founders had in mind and in fact they feared it because they believed that the Court would usurp both powers of other branches, but power from the states as well.

US Constitution -- Designed to Protect Liberty
Through Checks and Balances of Power

This video covers the foundational principles of the 1) Separation of Powers, 2) Limited Powers, 3) Balance of Power, 4) Checks on Power, and 5) Enumerated Powers. Unique presentation for those learning these principles for the first time or those who already know these truths but want to master them or pass them on to others. Great for personal study or group study.

All Three Branches Safeguard Constitution

This webinar explores the forgotten principle that all 3 branches of the Federal Government are responsible for safeguarding and upholding the Constitution. This runs contrary to today's thinking that the Supreme Court is the final authority on what is Constitutional and what is not. Craig explains more in the video below. Thanks for caring and sharing.

All Three Branches Safeguard Constitution

The States and People are the Final Authority!!

Taking a look at the 13 Independent States that made a Declaration of Independence in 1776 and then as Independent States created the federal compact called the US Constitution. What was the original idea of where ultimate authority resided.

States and People are the Final Authority

 

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