In 1803 – Under Marbury v Madison – the Supreme Court decided that they would determine what was constitutional. Since that decision, the Supreme Court has gloated on numerous occasions that there are no constitutional limits on federal power to regulate every aspect of American life. And they’re the ones who interpret what the Constitution means, right?
Not according to what Alexander Hamilton wrote in Federalist No. 26: “….The State legislatures, who will always be not only vigilant but suspicious and jealous guardians of the rights of the citizens against encroachments from the federal government, will constantly have their attention awake to the conduct of the national rulers, and will be ready enough, if anything improper appears, to sound the alarm to the people, and not only to be the VOICE, but, if necessary, the ARM of their discontent.” Under the compact nature of the Constitution and as signing parties, the states are the proper parties to determine the extent of the powers delegated to the federal government. The federal government is a creation of the Constitution, not a party to the compact. It has no legal authority to define its own powers. Today, we wrongly assume the Supreme Court has the final word regarding the interpretation of the Constitution.
Claiming authority from the mischief of the Supreme Court, Republicans and Democrats, have promoted numerous prefabricated, unnecessary and expensive wars, created a war machine that devours the wealth of this country, and encouraged and benefited from Federal Reserve policies that have all but destroyed the middle class.
When the military-industrial hogs arrive at the trough and mention, “it’s for defense or National Security”, tax payers shed their independent thinking abilities, wrap themselves in the flag and throw their checkbooks in the tough. America has validated Randolph Bourne’s classic essay “war is the health of the state” many times. Because we never tire of sacrificing our hard earned tax-dollars and lives of our young men and women for the interests of big oil, the growing civil unrest at home, militarization of local police, decreasing job opportunities combined with increasing inflation and the collapse of the dollar, the case can be made that America faces the prospects of martial law followed by World War III.
The threat of ISIS – the latest Frankenstein creation of the CIA – will drag America into another mid east war with the possibility of WW III. Remember the words of Condoleezza Rice, National Security Advisor under George Bush, which solidified our disastrous excursion into Iraq. “We don’t want the smoking gun to be a mushroom cloud”, implying Iraq’s possession of nuclear weapons. Given these undeniable facts, documented in Federalist 26, why aren’t state and local governments accepting their responsibility to rein a rouge federal government? The uncontested answer is.
The people and the states are addicted to the more than 1,000 federal grant programs and subsidies. States feint opposition but refuse to take specific actions regarding overspending. It guarantees the Beltway big spenders will never face a serious challenge to their wasteful and unconstitutional spending from state governments. Given the importance of what we may lose, I’m puzzled by the silence, but not surprised.
Neither the people nor the legislatures want constitutional government.
So, we will remain welfare cities, counties and states, and beg our federal masters for favors, as we await the inevitable.
By Jeff Smith