Taking Back America!
What is the proper role of Government?
We have witnessed the perspectives of those in government, we have heard the answers in recent presidential debates, but what did those who DESIGNED it envision? Wouldn't you like to KNOW what government is supposed to be doing? The interesting thing is, we don’t have to guess, we don’t have to make it up, we simply need to look to the framers of our Constitution. It is almost simplistically elegant the way they described the role of the Senate and the House. Yet, even the simplest of explanations seem to have eluded the entire government machine. As the employers of our government, it is essential that we know what government is supposed to be doing and require them to fully accomplish their job description.
What follows is a brief and simple primer about the structure of our Republic according to our founders. James Madison said that the powers delegated to the federal government are few and defined. He lists them as war, peace negotiations, and foreign commerce. He explains that the general welfare clause does not grant the government the power to do generally whatever they want; it simply describes the purpose in delegating those few powers he listed. In other words our founders believed in and intended limited government, very limited.
By the same token, Congress was to have a limited and strictly defined role as well. Congress was not established to “become” the federal government but to control it on behalf of the people. That is the reason they hold the most influence and control through the checks and balances established through powers of impeachment and congressional oversight.
First, the Senate was established to represent the states in the federal government. That is why each state is allotted the same number of Senators, to ensure equal representation and therefore equal control for all states. The Senate’s primary job description was to protect the states from federal encroachment and ensure each state’s sovereignty. “Defenders of the 10th Amendment” would be a good description for the job our founders intended them to perform.
The House was designed to be the representatives of the people. That is why there are more house members than senators, to better reflect the population of people in each state. The House’s primary job description was to be the guardians of Liberty, so the people can maintain the rights guaranteed by the Constitution. “Defenders of the 9th Amendment” would be a good description for the job our founders intended them to perform.
But here we are today with a Senate that looks more like a protector of the federal government than a defender of the states and a House that feels it’s primary role is to “protect” national security instead of the rights and Liberty of the people. Placing security over liberty seems to be a common affliction of our Congress. Remember Patrick Henry made it perfectly clear that without Liberty life was not even worth living. Benjamin Franklin rightfully declared that if security was placed above Liberty, we would lose them both.
Our framers made it clear that if the federal government was not following their constitutional duties or abiding by the limitations established, their actions (their laws) were null and void.
This is the fundamental principle of state nullification. If Congress understood their proper role they would KNOW that when the federal government creates unjust and unconstitutional law, it is their job to protect the people from it and declare the sovereignty of the people over the powers delegated to the federal government. If they really understood their oath to the Constitution and what their obligations were, THEY would be nullifying Obamacare, UN Treaties, and the myriad of unconstitutional executive orders spewed out by this current administration.
Of course there are those who would assert that the Supreme Court has “declared” state nullification invalid. The problem with that assertion is that the Supreme Court is NOT the supreme law of the land. The Supreme Court is one third of the FEDERAL GOVERNMENT (the division of government with the least power, by the way), a Federal government created by the people. Allowing SCOTUS to determine the degree of sovereignty each state has over the federal government is the ultimate expression of a conflict of interest. Let us remember that the Federal government, which includes the SCOTUS is a creature of the people. Would you allow the defendant in a criminal case to decide HIS own guilt or innocence? Of course not! But allowing the Supreme Court to determine how the Federal Government (of which it is a part) is operating with respect to State’s rights is to have to have the offender declaring his own innocence. Is the Supreme Court capable of making the proper ruling? I’m sure they are, but they are equally capable of making the improper ruling and such would be the destruction of liberty by declaring the 9th and 10th Amendments irrelevant.
Alexander Hamilton declared in Federalist paper #33 that when the government steps outside its constitutional bounds, it is incumbent upon the people to redress the injury done to the Constitution.
The current lack of understanding of the proper relationship between the States and its Federal Government as well as the neglect of the proper roles of our Congressional employees is leading directly to the destruction of our Constitution. And as Daniel Webster warned, we as a nation have an obligation to hold onto this great Constitution, or suffer consequences of our neglect.