Tuesday, January 18, 2011

• Item by JB Williams

Due to a broad-based false assumption and assertion of supreme federal power subscribed to by all three branches of the U.S. Federal government today, but denied via the confines of the compact with the states and the people known as the U.S. Constitution, we assemble today to introduce a state-by-state measure designed to return the power of governance to its constitutional place, the individual states and the people of the United States, recognizing the enumerated powers delegated to the U.S. government in Article I – Section 8 of the Constitution.

Unlike the symbolic Tenth and Second Amendment Resolutions passed by numerous states over the last two years, which reclaim but fail to reassert the rights of the individual states and the people, this State Nullification Reaffirmation Act aims to return constitutional power to the states by providing each state a streamlined mechanism by which to nullify any federal legislation, mandate or executive order which the state in its sole discretion, determines to be beyond the constitutional scope and enumerated powers delegated to the United States government via the U.S. Constitution, in accordance with the Tenth Amendment which states unequivocally -  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.“

The State Nullification Reaffirmation Act establishes state power and methods by which each state can self-regulate and govern, forcing the federal government to live within the confines of delegated powers enumerated in Article I – Section 8 of the U.S. Constitution.

We proclaim that these measures are unfortunate, but necessary today, as the federal government acts at odds with the will of the vast majority of the people and the states with increasing regularity and without regard for that will, and offering no reasonable venue for redress from the people or the states.

We are lobbying numerous State legislators in every state, seeking leaders willing to stand with the people on behalf of the people and their states, and nullify any and all federal abuses of power emanating from the three branches of the federal government today.

In this model bill are the following state powers;

·      Reclaims and reasserts both Ninth and Tenth Amendment Rights

·      Provides the Constitutional grounds for state nullification power

·      Defines “constitutional” as the powers delegated and enumerated in the Constitution

·      Rejects all “unconstitutional” acts by the federal government

·      Addresses abuses via the commerce clause, necessary and proper clause, and general welfare clause

·      Requires that all federal actions pass US and State Constitutional muster

·      Rejects abusive judicial law making practices via precedent and procedure as without authority

·      Establishes a state Constitutional Review commission to recommend case-by-case nullification

·      Establishes rules and time limits in which the state must nullify upon determination of unconstitutionality

·      Reaffirms that the U.S. Supreme Court has “original jurisdiction” in all matters between the Federal and State governments, in accordance with Article III – Section II

·      Reaffirms state referendum authority as the final word of the people, in the event of improper adjudication

·      Positions each state legislature to protect and preserve for the people of their state, freedom from federal executive, legislative or judicial tyranny

For more than seventy years now, no matter which political party was in control of the federal government, that government grew, reaching farther and farther beyond the limited confines of constitutional authority and making every state and every citizen a dependent of the federal government, while the federal government is supposed to be “of, by and for the people.” The federal government is out of check.

Our Declaration of Independence states unequivocally, our right and responsibility to “alter or abolish” a federal government which has become “destructive” towards states’ rights and individual liberty.

We have arrived at just such a time in history, and The States Nullification Reaffirmation Act is designed to place the states and the people in a position to swiftly put the runaway Fed back in constitutional check.

The checks and balances supposed to exist within the different branches of the federal government do not exist today. All branches now act as one, usually at odds with the people and the states and well beyond the powers delegated them in the Constitution.

To return the federal government to the people, the states must take proper and necessary action to provide adequate checks and balances which no longer exist in practice at the federal level.

You can participate in this initiative by joining the co-sponsors, Stand Up America and The United States Patriots Union.

JB Williams
Co-Founder
http://www.PatriotsUnion.org/
http://www.ThePatriotsNews.com/

Researched and Prepared by The Constitutional Justice Division
The United States Patriots Union, LLC
Introduced by Stand Up America and The U.S. Patriots Union

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