The United States started out as an unusual experiment. When America was a young nation, people referred to it as, “These United States,” not the United States.
Now we are seeing a radical change in the United States. This is certainly not a change for the better. What is this change and why is it so bad?
The change we are seeing is the death of the individual state.
Our founding fathers envisioned a union of states with a weak national government and stronger state governments. There were certain things that a national government would be required to do, such as regulate trade (the Constitution is very explicit about this) and provide for the common defense.
One of the greatest quotes about the individual states came from then Supreme Court Justice Louis Brandeis who called the states, “The laboratories of democracy.”
Brandeis’ idea was simple. The states were sovereign and could compete with each other for the best ideas.
Today, the laboratory of democracy is closed. Today, the sovereignty of individual states is dying. The only question is when will the actual death occur.
State sovereignty has been on the wane for decades. As the power of the Federal Government grew, the power of state governments diminished. At first this was slow and gradual. Much of it was done voluntarily, as states gave up their rights in exchange for federal tax dollars.
On Monday, the Supreme Court decided the case of Arizona v. the United States and five unelected people in little black dresses gave the deathblow to state sovereignty.
Antonin Scalia writing his dissent said that. He wrote that the majority’s decision, “deprives States of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign’s territory people who have no right to be there. Neither the Constitution itself nor even any law passed by Congress supports this result.”
Today, state lines are becoming little more than antiquated lines on a map. Pretty soon, the only power a state will have is the ability to make license plates.
Lawyers often say bad cases make bad law. Arizona was a bad case. Arizona had no choice but to bring its lawsuit. We can lay the blame for this one right at the feet of Barack Obama and the Party of Treason.
However, when we talk about assaults on state sovereignty, the Party of Treason is not alone in this. Many of the big government expansions that have eroded state sovereignty have occurred under Republican Presidents.
If the Republicans are successful in taking the White House and the Senate (they will keep the House), then we will see the next incarnation of attacks on state sovereignty.
That will come in the form of Federal Tort Reform. Some Republicans want to impose Federal Tort Reform on all of the states.
Many people have a knee jerk reaction to tort reform. Oh, we don’t like the trial lawyers. We don’t like lawyers, period. Let’s hurt the lawyers.
Since 1787, states have regulated state courts. Since 1787, states have regulated licensed professionals in those states including doctors, lawyers and others. In Federal Court, unless there is a lawsuit governed by a specific federal statute, state law controls the federal courts. Lawyers cannot be admitted to practice before federal courts until they are admitted before the highest court of one of the states.
To allow the Federal Government to impose tort reform on the states wipes out some of the last vestiges of state sovereignty, namely the ability to make its own laws.
State sovereignty has always been the bulwark against they tyranny of a massive federal government. Our founding fathers knew that. That is why they purposefully made the Federal Government weak.
In the last century, citizens have stood by and watched as the Federal Government grew at the expense of the state government. As the power of the Federal Government grew, the freedom of the citizen diminished.
As of Monday, state sovereignty is pretty much dead. The only question now is when do we start calling our nation The United State of America?
I wish my State "California" would enforce their sovereignty but this state is
the worst Federal brown noser in the union. We live in a tight knit group of
Christians in far Northern California but the second this state begins to
intervene in our Church we be looking for an American state to move to,
this horse turned days ago
Obama Care is Constitutional, it passed? WHAT! Lock & Load, the $#!T IS ABOUT TO HIT THE FAN!
I don't cuss that's the best you'll get
I would vote for Alabama. Dang sure not Ohio.
I see you have the same thoughts as me.
If getting out from behind enemy lines is what your thinking, than the answers yes, don't come to California
No desire too.
Well, you're RIGHT ! HOWEVER, as far as I can tell, the " tyranny " of the illustrious " Federal " Government began during the CIVIL WAR Era. ( And, actually, it is improperly called a " cvil " war ; the Confederate States had ALREADY SECEDED, & had already DRAFTED THEIR OWN CONSTITUTION, & had already BECOME A COUNTRY ! SO, . . . . the " war " from 1862 to 1865 was actually a war between TWO SEPARATE COUNTRIES ! . . . . gasp, . . . . ).
Also, ( ESPECIALLY also, . . . . ), the " civil " war was NOT fought over SLAVERY ! ( If it was fought over " slavery," then, why the $%## was slavery still legal, in some of the NORTHERN states ? . . . . DUUUUH, . . . . ). The " civil" war was actually fought over STATE SOVERIGNTY ! . . . . It was fought over STATES' RIGHTS ! . . . . fought against the OPPRESSIVE " Federal" Government !
SO, . . . . since the Confederate States of America lost that %$## war, the " Feds" have been telling the states what they can & cannot do, ever since that " war,", . . . . it is SO UNCONSTITUTIONAL, . . . .
David you are exactly right, I have been telling people that for years and they look at me like I'm crazy. Try telling that to a black person and it's kinda like farting in church. To call the war between the states the "civil war" is totally wrong and even people that are supposed to be edjumacated get it wrong. And yes, state soverignty was lost with the loss of the southern states. To say the war was about slavery is hogwash, the war was fought over states rights. There are many other progressive lies that have been repeated as truth for so long that people just assume that they are true. One of my favorites is substituting the word "pregnant" for a woman "with child". It's more acceptable to terminate a pregnancy than it is to terminate a child. To abort a pregnancy is more acceptable to the population than to say a woman carrying a child had an abortion. I'm rambling, sorry. Ray
It is time that we "revalidate" the States' Sovereignty in all 50 states in order for this "Union of 50 States to finally operate, as the Constitution of The United States of America were intended to operate.