Urgent: Obama Tells States They Can’t Block His Immigration Order

Independent Sentinel

Urgent: Contact Your Governor

Obama claims his unconstitutional immigration order is unreviewable. He has also BANNED PUBLIC INPUT.

While we are watching the events in Paris, twenty-five states, that have sued to block Barack Obama’s executive order allowing millions of illegals to stay in the U.S., have been told by the federal government that it is above judicial review.

The Dictator is not only ignoring Congress, he is ignoring the courts and he is trampling states’ rights. His goal is to destroy the co-equal branches of government and the constitutional protections against a rogue president.

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Why States Must Nullify Unconstitutional Acts of Congress: Instructions from Hamilton, Madison, & Jefferson

Freedom Outpost

During August 2010, the People of The State of Missouri approved Proposition  C and nullified key parts of “Obamacare.”  As a matter of  constitutional principle, may the People of the States lawfully do this?   Or must they submit to every law made by Congress whether it is constitutional  or not?  Are federal judges the final authority?

I will prove that the States have the Right and the Duty to nullify  unconstitutional acts of Congress.  The only real question is whether  Americans have the Will to reclaim our Constitutional Republic & the Rule of  Law, or whether they will submit to the  rulership of men who “don’t care” what the Constitution says, and who  see Obamacare as a way “to control the people”.

Congress’ Powers are Enumerated

1. The U.S. Constitution, which created the federal  government, permits Congress to make laws only on  those few objects which are listed in the Constitution. The objects on which  Congress has authority to make laws applicable throughout our Country are  itemized at Art. I, Sec. 8, clauses 1-16 (and in a few of the  Amendments).

Since the Federalist Papers are the most authoritative commentary on the true  meaning of the Constitution, 1 let us see what those Papers say about  the extent of Congress’ legislative powers.  In Federalist    No. 83 (7th para), Alexander Hamilton says:

The plan of the convention declares that the power of Congress …shall extend to certain enumerated cases. This specification of particulars evidently  excludes all pretension to a general legislative authority, because an  affirmative grant of special powers would be absurd, as well as useless, if a  general authority was intended. [boldface mine]

In Federalist No.  39 (3rd para from end), James Madison says:

the proposed government cannot be deemed a national one;  since its jurisdiction extends to certain enumerated objects  only, and leaves to the several States a residuary and inviolable  sovereignty over all other objects…[emphasis added]

Our Framers were emphatic that ours is a Constitution of enumerated powers  only.  In Federalist  No. 45 (9th para), Madison says:

The powers delegated by the proposed Constitution to the federal  government are few and defined. Those which are to remain in the State  governments are numerous and indefinite.  The former will be  exercised principally on external objects, as war, peace, negotiation, and  foreign commerce; with which last the power of taxation will, for the  most part, be connected.  The powers reserved to the several States  will extend to all the objects which, in the ordinary course of affairs, concern  the lives, liberties, and properties of the people…[emphasis mine] 3

Do you see?  If the Constitution doesn’t delegate a power to Congress by  listing it in the Constitution, Congress doesn’t have that power.  It is  reserved by the States or the People.

Congress Usurps Power when it makes Laws outside its  Enumerated Powers – and such pretended Laws are VOID & NOT  VALID.

2. Our Framers understood that civil governments seek to expand power at the  expense of the People. And when they do so, their acts are VOID  and INVALID!  Thus, in Federalist  No. 33 (next to last para), Hamilton says:

…But it will not follow …that acts of the large society [the federal  government] which are NOT PURSUANT to its constitutional powers, but which are  invasions of the residuary authorities of the smaller societies [the States],  will become the supreme law of the land. These will be merely acts of  usurpation, and will deserve to be treated as such… [caps are  Hamilton’s; other emphasis mine]

In the last paragraph of No. 33, Hamilton says a law made by  Congress which is not authorized by the Constitution,

would not be the supreme law of the land, but a usurpation of power  not granted by the Constitution… [emphasis mine]

In Federalist No.  78 (10th para), Hamilton says:

…every act of a delegated authority, contrary to the tenor of the commission  under which it is exercised, is void. No legislative act,  therefore, contrary to the Constitution, can be valid. To deny this, would be to  affirm, that the deputy is greater than his principal; that the servant  is above his master; that the representatives of the people are superior to the  people themselves; that men acting by virtue of powers, may do not only  what their powers do not authorize, but what they forbid. [emphasis  mine]

Nothing in Art. I, Sec. 8, or elsewhere in the Constitution, authorizes  Congress to pass Obamacare!  “Medical care” is not an enumerated  power.  Obamacare  is unconstitutional as outside the scope of the legislative powers granted  to Congress. 4

Furthermore, the Tenth Amendment forbids Congress to pass  Obamacare: When a power is not delegated to the federal government by the  Constitution, that power is reserved to the States or to the People.  Only the States or the People have power over medical care!

So!  Congress passed Obamacare without any constitutional authority to  do so, and in violation of the Tenth Amendment.  Hence, as Hamilton shows  us, Obamacare is “void” and not “valid”. It is an act “of usurpation,  and will deserve to be treated as such.”

Hamilton, Madison & Thomas Jefferson show us that Nullification is the Answer.

3. Hamilton shows in Federalist  No. 28 (7th para) that if the federal government invades the rights of the  People, they can use the State government as the instrument of redress:

…in a confederacy   the people … may be said to be … the masters of  their own fate. Power being almost always the rival of power, the general  [federal] government will … stand ready to check the usurpations of the state  governments, and these will have the same disposition towards the general  government.  The people, by throwing themselves into  either scale, will infallibly make it preponderate. If their rights are  invaded by either, they can make use of the other as the instrument of  redress…. [emphasis added]

So!  When the People of the State of Missouri approved Proposition C  nullifying Obamacare, they properly made use of their State government as “the  instrument of redress” against the usurpations of Congress & the Executive  Branch.

And since State officials and many Citizens have taken the Oath to support  the U.S. Constitution (Art. VI, clause 2), it is their SWORN DUTY to nullify – to refuse to obey – unconstitutional and pretended federal “laws”, such as  Obamacare.

Nullification by States of unconstitutional federal laws is not new.   Our beloved Thomas Jefferson (Author of the Declaration of Independence) &  James Madison (Father of the U.S. Constitution) show us precisely what States are honor bound to do when  Congress makes an unconstitutional law. During 1798, in response to Congress’ passage of the Alien and Sedition Acts, the Kentucky and Virginia Legislatures  passed Resolutions declaring those Acts unconstitutional as outside the  enumerated powers granted to Congress, and as in violation of the Tenth  Amendment.  In these Resolutions, Kentucky and Virginia resolved not to  abide by the federal acts.  Jefferson wrote The  Kentucky Resolutions, and Madison wrote The  Virginia Resolution. 5

The Kentucky & Virginia Resolutions are masterpieces of  constitutional analysis. Study them!  States may use them as models  for their own Resolutions nullifying the myriad of unconstitutional “laws” which  have spewed forth from Congress in recent decades.

The Framers did NOT say States should file Lawsuits and let Federal  Judges decide!

4. Think: Why would the States, which formed a Federation  for the limited purposes enumerated in Art. I, Sec. 8; ask one branch of the  federal government (judiciary) to opine on whether a “law” approved by the two  other branches (legislative & executive), exceeds the enumerated powers of  Congress and encroaches on the reserved powers of the States and the People  (10th Amendment)?  All three branches of the federal government have been  unified against The Constitution, the States, and the People for a very long  time!  Why would States put themselves in the position of supplicants to a  Court which has already shown itself to be contemptuous of the Constitution, and  of the States’ and The Peoples’ reserved powers?

And further:  Can we not see for ourselves that Obamacare is outside the  scope of the Legislative Powers granted to Congress in the Constitution, and  that it violates the Tenth Amendment?  Our Framers certainly did not  advocate running to federal judges to let them decide such issues!  No, our Framers were men who had guts & backbone  and understood the Constitution! So they nullified  unconstitutional acts of Congress. 6

Will the American People pass the Test?

5. Will the States and the People surrender to the likes of former DNC  Chairman Howard Dean who “doesn’t care” if the stuff passed by Congress is  unconstitutional? To Democrat Congressman John Dingle who sees Obamacare as a  means “to control the people”?  Or will The People and the States man up  and defend our Constitution?

We have instructions from the Author of the Declaration of Independence, the  Father of the Constitution, and the Author of most of the Federalist Papers.  They explain what our Constitution really means, and tell us what we need to do  when the federal government usurps powers. Listen to  them! They are the highest Authority on the true meaning of our  Constitution.

And do not be swept away by rage and lust for revenge. Do not become the  murderous, unthinking red-capped mob of the French Revolution.

Let us pray that our eyes be opened, that we listen to the  words of wisdom from our Framers, that our spines be stiffened, and  that we work for a peaceful political resolution of  the dreadful problems facing us.

The federal courts have refused to enforce the Constitution. Congress has  failed to impeach & remove usurping federal judges – it has failed to be the “check” on the federal courts.  Therefore, WE  must enforce the Constitution by means of nullification.  WE must be the final “check” on the courts.   Study & learn so that you are qualified to do this.

Endnotes:

1 At a meeting attended by Thomas Jefferson & James Madison of  the Board  of Visitors of the University of Virginia on March 4, 1825, the following  resolution selecting texts for the Law school, was passed:

…on the distinctive principles of the government of our own state, and of  that of the US. the best guides are to be found in 1. the Declaration of  Independance, as the fundamental act of union of these states. 2. the  book known by the title of `The Federalist’, being an authority to which appeal  is habitually made by all, and rarely declined or denied by any as evidence of  the general opinion of those who framed, and of those who accepted the  Constitution of the US. on questions as to it’s genuine meaning…. (Page  83)  [emphasis added]

2 See also Federalist  No. 14 (8th para) “…the general [federal] government is not to be charged  with the whole power of making and administering laws. Its jurisdiction is  limited to certain enumerated objects…”

Federalist No.  27 (last para) “…It merits particular attention in this place, that the laws  of the Confederacy [the federal government], as to the ENUMERATED and LEGITIMATE  objects of its jurisdiction, will become the SUPREME LAW of the land…Thus the  legislatures, courts, and magistrates, of the respective members, will be  incorporated into the operations of the national government AS FAR AS ITS JUST  AND CONSTITUTIONAL AUTHORITY EXTENDS…” [caps in original]

3 Medicare, Medicaid, social security, etc., are also  unconstitutional as outside the scope of the legislative powers granted to  Congress. And the programs can’t work!  As more & more people seek to  live at other peoples’ expense, the system eventually collapses. That collapse  is upon us.

4 Jefferson calls it “nullification”; Madison calls it “interposition”. In “interposition”, the State “interposes” – steps in between – an usurping federal government and The People. (Webster’s 1828  Dictionary.)  The result is really the same.

5 Furthermore, the Supreme Court is NOT the ultimate authority on  the meaning of the Constitution!  Hamilton says federal judges may be  impeached for usurpations (Federalist  No. 81, 8th para); the People are “the natural guardians of the  Constitution” as against federal judges “embarked in a conspiracy with the  legislature”; and the People are to become “enlightened enough to  distinguish between a legal exercise and an illegal usurpation of  authority.“(Federalist  No.16, next to last para).

Read more: http://freedomoutpost.com/2013/06/why-states-must-nullify-unconstitutional-acts-of-congress-instructions-from-hamilton-madison-jefferson/#ixzz2WnWJeuWV

Holder Declares War On State’s Rights

Western Journalism

The Department of Justice thinks it can “order” Florida to stop removing illegal non-citizens from her voter registration rolls. The Sunshine State announced it will ignore the “order.”  Let’s see Barack Obama and Eric Holder back it up.

The fight over States’ rights versus the strength of an all powerful central government has been set in motion; the fuse is lit.

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In public statement, TSA lies about the Constitution

Right Side News

Round two of the battle for travel freedom is well underway.

The first round, which garnered national attention in the fall of 2010, focused primarily on the TSA implementing new procedures…pat downs, body scanners….and the public outcry against it….boycotts, protests, calling congress to demand change.

But, as the public response failed to stop the scanners and searches, round two has moved to state legislatures around the country. Most prominently, Texas, where the state house just passed a bill banning TSA searches without probable cause. Click here to read the Tenth Amendment Center’s report on the bill.

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10 states now developing eligibility-proof demands

World Net Daily

Arizona may have the most advanced plan, but 10 of the United States – controlling 107 Electoral College votes – are now considering some type of legislation that would plug the hole in federal election procedures that in 2008 allowed Barack Obama to be nominated, elected and inaugurated without providing proof of his qualifications under the U.S. Constitution.

And they aren’t all the simple legislation such as that adopted in New Hampshire a year ago that requires an affidavit from a candidate stating that the qualifications – age, residency and being a “natural born citizen” – have been met.

In Georgia, for example, HB37 by Rep. Bobby Franklin not only demands original birth-certificate documentation, it provides a procedure for and declares that citizens have “standing” to challenge the documentation.