Visit the U.S. Politics Online Discussion Forum Archives!

Sponsored by:

U.S. Politics Online: A Political Discussion Forum  

Bookmark Us! E-Mail DONATE NOW! Photo Gallery Document Archives Quiz! Register to Vote!!!
Go Back   U.S. Politics Online: A Political Discussion Forum > Political Arenas > Capitol Hill
Register Blogs FAQ Members List Calendar Mark Forums Read

Capitol Hill A forum to discuss Congress, lawmaking and the legislative branch in general

Reply
 
LinkBack Thread Tools Display Modes
  #76 (permalink)  
Old 07-09-2009
Evil_inKarlate's Avatar
Joint Chiefs of Staff Member
True Non-conformist

 
Member Since: May 2005
Location: Illinois
Posts: 1,945

United_States    
Re: States Tell Fed to Cease & Desist

As much as I like the idea of the states telling the feds to blow it out their bong-hole, TSG and co. are correct on this one. The states can saber-rattle all they want, and the feds can indulge them or not as they see fit, but if no compromise is reached, in the end the states only true recourse is secession.
__________________
Today's forecast: Government corruption.
Tomorrow's forecast: 100% chance of more 'politics as usual'

Maybe it's finally time to vote Libertarian
Reply With Quote
  #77 (permalink)  
Old 07-09-2009
jviehe's Avatar
President

 
Member Since: Jan 2004
Location: Tallahassee, FL
Posts: 15,479

United_States    
Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by Evil_inKarlate View Post
As much as I like the idea of the states telling the feds to blow it out their bong-hole, TSG and co. are correct on this one. The states can saber-rattle all they want, and the feds can indulge them or not as they see fit, but if no compromise is reached, in the end the states only true recourse is secession.
Or what? What if they simply ignore the federal govt?
__________________
"To take from one, because it is thought his own industry and that of his father has acquired too much, in order to spare to others who (or whose fathers) have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, "to guarantee to everyone a free exercise of his industry and the fruits acquired by it."

-Thomas Jefferson
Reply With Quote
  #78 (permalink)  
Old 07-09-2009
countryboy's Avatar
County Executive

 
Member Since: Jun 2009
Location: Ohio
Posts: 392

United_States     Ohio

Re: States Tell Fed to Cease & Desist

I don't understand where you guys get the idea that the states haven't a leg to stand on, when the Constitution clearly states otherwise.
__________________
Democrats, finding new ways to destroy wealth for over 100 years.
Reply With Quote
  #79 (permalink)  
Old 07-09-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 589

   
Re: States Tell Fed to Cease & Desist

These debates over sovereignty always remind me of the classic cartoon by the late, great B. Kliban (anyone who can find me an image will be a friend forever) - The cartoon shows a king, speaking from a balcony to his subjects, "I am your king, and you'd better do what I say or I can't be king anymore!"
Reply With Quote
  #80 (permalink)  
Old 07-09-2009
Secretary of State

 
Member Since: Jun 2005
Location: San Francisco Bay Area
Posts: 5,221

   
Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by countryboy View Post
I don't understand where you guys get the idea that the states haven't a leg to stand on, when the Constitution clearly states otherwise.
Mainly from the fact that the constitution doesn't clearly state otherwise. Actually, it clearly states SO.
Reply With Quote
  #81 (permalink)  
Old 07-09-2009
Rude Boy's Avatar
Joint Chiefs of Staff Member
The Most Interesting Man In The World

 
Member Since: Jan 2008
Location: On the left end of the spectrum
Posts: 1,424

Texas     France

Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by TheHighForester View Post
You should understand that the members of the House Representatives DO NOT REPRESENT THE STATE--they are elected by and represent the people. When the Constitution was drafted and subsequently ratified, this was the subject of a great deal of discussion. At the Convention William Patterson of New Jersey proposed a legislature wherein each state would be equally represented. This was rejected by the larger states (and especially by Virginia) who insisted that the legislature be apportioned by population. The "Great Compromise" which was instituted to resolve this dispute allowed a Senate to be apportioned equally by state, and initially those Senators were chosen by the state legislatures--so it can reasonably be argued (aand it is supported by historical fact) that THE SENATE REPRESENTS THE STATES. But the House of Representatives, apportioned by population and elected by the people, represents ONLY THE PEOPLE, not the state.

Further, the framers of the Constitution fully understood that by instituting a new government, which would derive its authority from the people, they would necessarily take some powers away from the states, such as the powers to collect tariffs, maintain a military and naval establishment, and regulate interstate commerce. Since they were also realists, they did not submit the proposed Constitution for ratification by the states, but instead insisted that it be ratified, within each state, BY A VOTE OF THE PEOPLE OR A CONVENTION OF THE PEOPLE, thereby neatly sidestepping the existing state legislatures. So the actual fact of the matter is that NO STATE EVER JOINED THE UNION, THE PEOPLE JOINED THE UNION. This was done in order to guarantee the legitimacy of the federal government in the face of anticipated state challenges, and to assure the supremacy of federal law over those of the several states.

The states are NOT "the agents of the federal government." In fact, they are not even a part of the federal government, which is in fact a compact among the people existing separately and independently from the states. This leads us to the uniquely American concept of "dual citizenship," under which a person is simultaneously a citizen of the United States and a citizen of the State wherein he resides. This Tenth Amendment movement is interesting, but it has no real foundation in history, in law, or in the Constitutional form of government the American people adopted in 1787 and 1788.

There is a way that the states can assert their rights in the face of perceived federal interference and intransigence. The Constitution itself provides that a convention must be held when called for by two-thirds of the states (see Article Five), and that Amendments to the Constitution may there be proposed. I suggest that you go for it--if you have the nerve.
Great and informative post. I didn't think about the states vs. people joining the Union. I learned something. Thanks for an outstanding post.
Reply With Quote
  #82 (permalink)  
Old 07-09-2009
countryboy's Avatar
County Executive

 
Member Since: Jun 2009
Location: Ohio
Posts: 392

United_States     Ohio

Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by TSGracchus View Post
Mainly from the fact that the constitution doesn't clearly state otherwise. Actually, it clearly states SO.
Quote:
Amendment 10: 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
Sounds pretty clear to me. What twisted logic do you use to infer otherwise?
__________________
Democrats, finding new ways to destroy wealth for over 100 years.
Reply With Quote
  #83 (permalink)  
Old 07-09-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 589

   
Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by countryboy View Post
Quote:
Amendment 10: 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
Sounds pretty clear to me. What twisted logic do you use to infer otherwise?
Add to that the fact that several states refused to sign on to any constitution prohibiting secession and it gets even clearer.

None of it really matters though. The current federal government is too powerful for the states to resist it. This was the situation most feared by the FF and it's why they tried to write a constitution that would keep the feds in check. But, in large part due to the chicanery of Hamilton et al., their efforts have been undone. It'll take the same kind of will that spurred the initial revolution to change that.
Reply With Quote
  #84 (permalink)  
Old 07-09-2009
Rude Boy's Avatar
Joint Chiefs of Staff Member
The Most Interesting Man In The World

 
Member Since: Jan 2008
Location: On the left end of the spectrum
Posts: 1,424

Texas     France

Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by TheHighForester View Post
The only thing you have proved, countryboy, is that you have absolutely no intention of trying to understand the Constitution. I do not mind discussing it with anyone, but I will not waste my time on someone who does not even do me the courtesy of addressing what I actually wrote, and who thinks it clever to edit or omit portions of my explanations.

Go back and reread what I posted before. It was written plainly enough for "common folk."
It gets very tiring with all of the straw men they put up.
Reply With Quote
  #85 (permalink)  
Old 07-09-2009
Rude Boy's Avatar
Joint Chiefs of Staff Member
The Most Interesting Man In The World

 
Member Since: Jan 2008
Location: On the left end of the spectrum
Posts: 1,424

Texas     France

Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by Lettuce Head View Post
It would be a more efficient model to eliminate State boundaries and governments and be homogenized into one Federal Government. It would save money for sure, but would it save freedom? As I would say we could all agree, isn't the idea of protecting Freedom an important issue? I think we could all agree on that. I don't see how dropping the identity of the States would help to do that.
I'd actually go further and would like to see things broken down further to locally federated communes.
Reply With Quote
  #86 (permalink)  
Old 07-09-2009
Rude Boy's Avatar
Joint Chiefs of Staff Member
The Most Interesting Man In The World

 
Member Since: Jan 2008
Location: On the left end of the spectrum
Posts: 1,424

Texas     France

Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by countryboy View Post
The push toward socialism, and perhaps beyond, has absolutely nothing to do with freedom. So no, I don't think we can all agree on that. And that is very unfortunate, and as Eagle88 stated, it is also very dangerous.
I have a feeling that you don't know what "socialism" is. I think you may have heard it on Fox Noise in a negative tone, and adopted as your life's meme, completely clueless about what it is.
Reply With Quote
  #87 (permalink)  
Old 07-09-2009
Rude Boy's Avatar
Joint Chiefs of Staff Member
The Most Interesting Man In The World

 
Member Since: Jan 2008
Location: On the left end of the spectrum
Posts: 1,424

Texas     France

Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by countryboy View Post
And what, pray tell, would lead you to that conclusion?

How would you know what my education is?
By simply reading your posts. It's okay, we all can't be experts at everything. I'm not an expert on the Constitution either, but I have read and studied it, but I will defer, within reason, to someone who is an expert on it.
Reply With Quote
  #88 (permalink)  
Old 07-09-2009
Secretary of State

 
Member Since: Jun 2005
Location: San Francisco Bay Area
Posts: 5,221

   
Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by countryboy View Post
Sounds pretty clear to me. What twisted logic do you use to infer otherwise?
It's not twisted at all and I've already presented it; it comes from Article VI of the Constitution.

Remember, ALL we're talking about now is whether a state has the authority to nullify federal law within its borders, so that, for example, California could pass a law so that people living here don't have to pay federal income tax. That has nothing to do with the Tenth Amendment, and also nothing to do with secession; those are totally separate subjects.

A state cannot do that. Article VI is very clear on this.
Reply With Quote
  #89 (permalink)  
Old 07-09-2009
Rude Boy's Avatar
Joint Chiefs of Staff Member
The Most Interesting Man In The World

 
Member Since: Jan 2008
Location: On the left end of the spectrum
Posts: 1,424

Texas     France

Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by Lettuce Head View Post
The Kentucky and Virginia Resolutions of 1798 Jefferson and Madison penned resolutions that gave these States the right to declare that if a federal law was deemed unconstitutional by the State, the law was nullified and would not be enforced within that state. This was an attempt to keep a balance of power because if the Federal Supreme Court, who was part of the Federal Government, had the final word on law, what prevented them from always ruling on the side of the Federal Government? What recourse did the States have to defend themselves from unjust Federal Law?

Our country's history has proven what our founders feared, the Federal Government will seek to extract power wherever and whenever possible. If the States don't draw a line in the sand we might one day have no State to call home.
I wonder where all these states rights advocates were when Bush was invoking his "Unitary Executive" policies? Did they just suddenly become aware?

Lettuce Head, I know you're new (as am I), but answer honestly, were you as alarmed about Bush's policies to accrue more power to the executive as I was?
Reply With Quote
  #90 (permalink)  
Old 07-09-2009
Vice President
Speak like a clown, get Japanese latern cat

 
Member Since: Aug 2008
Location: Los Angeles
Posts: 7,416

California     United_States

Re: States Tell Fed to Cease & Desist

Quote:
Originally Posted by dblack View Post
These debates over sovereignty always remind me of the classic cartoon by the late, great B. Kliban (anyone who can find me an image will be a friend forever) - The cartoon shows a king, speaking from a balcony to his subjects, "I am your king, and you'd better do what I say or I can't be king anymore!"
Here, this one reminds me of some of the more brain-dead faux-conservatives around here. I got a million of 'em
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -7. The time now is 10:11 PM.


Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0
Copyright © 2000 - 2009 U.S. Politics Online