“Before the 1960s, almost all policymaking and education funding was a state and local responsibility. In the mid-1960s, the federal role expanded to include enforcing civil rights laws to ensure that poor, minority, and disabled students, as well as English language learners, had access to a high-quality education.
Tuesday, January 10, 2017
Draining the swamp: American education is ripe for improvement
“Before the 1960s, almost all policymaking and education funding was a state and local responsibility. In the mid-1960s, the federal role expanded to include enforcing civil rights laws to ensure that poor, minority, and disabled students, as well as English language learners, had access to a high-quality education.
Tuesday, June 07, 2016
The Constitution provides states with a high degree of sovereignty
Commentary by James Shott
When the founders of our young nation realized that the original governing document, the Articles of Confederation, was insufficient, the task of creating a better one began. Ultimately, during the process of creating and ratifying the United States Constitution to replace the Articles strong sentiment existed for specific rights to be guaranteed to Americans, and the Bill of Rights was created, consisting of the first 10 amendments to the Constitution.
As time passed the strength of some of those first 10 amendments has been weakened, and some are under constant attack. As our once-limited national government has grown, the rights and freedoms guaranteed by the Constitution and the Bill of Rights have diminished.
The Bill of Rights guarantees such things as freedom of speech and religion, the keeping and bearing of arms, freedom from unreasonable searches and seizures, and other protections from a government set on tyranny.
The several states, which represented the interests and will of their citizens, created the national government, and the Tenth Amendment emphasized that the states had protection from the acquisition of powers by the national government outside the limits set forth in the Constitution.
During the process of replacing the Articles of Confederation with the Constitution, a series of essays known as The Federalist Papers stressed that under the Constitution’s governmental structure, the principle of popular sovereignty would continue, with Constitutional protections against the national government trampling on the rights reserved for the states. This was known as “federalism.” The national government has those powers assigned to it; the states or the people have those powers not assigned to the national government, nor prohibited by the Constitution.
The Ninth Amendment strengthens the Tenth, but more than 230 years later, who can argue that the Tenth Amendment's proscription against a power grab by the federal government has actually been respected?
Arguably, the Environmental Protection Agency is the greatest offender of 10th Amendment protections, as it writes regulations and rules with the force of law that have not been made into law by the Congress.
Or maybe it is the Patient Protection and Affordable Care Act – Obamacare – that is a law made by Congress, but shoves Uncle Sam over the edge of the big government cliff. Imagine Washington, Jefferson, Madison and the rest of the Founders agreeing that the national government was allowed someday to impose a healthcare system on the people of the several states, even if it worked as advertised.
The idea that the federal government has the authority to change the operations of hundreds or thousands of individual insurers and healthcare providers in 50 different states, each serving its own separate customer base, into a single system controlled by Washington is as anti-Constitution as it gets.
Other areas of Tenth Amendment abuse are same-sex marriage and abortion, both of which originally were state issues, until the federal government found some way to finagle a national interest in these issues.
Until the Roe v Wade case of 1973, abortion had been a state issue, but the Supreme Court ruled that bans on abortion were unconstitutional on a “right to privacy” basis discovered in the due process clause of the Fourteenth Amendment. And the federal government was never involved in marriage issues until 1996 when the Defense of Marriage Act was passed.
The Constitution also protected state sovereignty by the way Congress was organized. The House of Representatives, frequently referred to as “the people’s house,” consisted of Representatives directly elected by the citizens of the Congressional Districts. Members of the Senate, on the other hand, were to be elected by the state legislatures, and therefore senators’ loyalty was to the government of the state more than to its citizens.
This protection vanished, however, when the 17th Amendment was ratified in 1913, and now the citizens of the states also elect Senators, in addition to the Representatives. Members of the Senate no longer have any special reason to protect the interests of the government of the state they represent, and that shifts the governing balance between the states and the federal government toward the federal government.
The result often is that federal mandates, about which the states themselves have nothing to say, not only can and do intrude on state sovereignty, but force states to pay for their implementation, as well.
Some people think these changes are just fine, such as those who have bought into the scare tactics of the climate change catastrophe gang, those who support abortion and same-sex marriage, and those who generally like big government and have never stopped to think how miserable they may be in the future if this big-government mania isn’t stopped.
There is some good news on this issue: States are fighting back against federal over-reach. Twenty-four states filed a lawsuit asking a federal court to strike down the Environmental Protection Agency’s new source performance standards that effectively prohibit the construction of new, coal-fired power plants. And 12 states are fighting the Obama administration’s LGBT rights mandates.
If the courts do not support restoration of state sovereignty in these and other issues, the states will have no other choice but to refuse to follow intrusive federal measures.
Cross-posted from Observations
Thursday, July 29, 2010
The Mailed Fist of the Federal Government Slams Arizona
The Mailed Fist of the Federal Government Slams ArizonaStates Should Revive the Practice of “Nullification”
A Commentary by J. D. Longstreet
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What we saw occur in Arizona this week, with a federal district judge gutting a law passed by the Arizona state legislature and signed into law by the governor of that state is nothing less than spitting in the face of “states rights!”
We Americans have already fought one civil war over this very thing -- and the federal government is dragging us ever closer to another American holocaust.
Think about it: The US federal government refuses to enforce the laws of the land and then has the audacity to slap down the people of the states when they attempt to enforce those same laws.
All this time I have been laboring under a misconception. See, I was taught, and I was reared to believe, that the US was a nation of laws and that no person or entity was above the law. Well, it turns out I was WRONG! But I had to wait until the socialist Obama and his henchman hi-jacked the US government to learn that I had been wrong all this time.
I have learned something from all of this. It is that the law does not matter – unless -- it can be used (by those in power) to get something they want. If applying the law will constrain them from something they dearly want, then -- to hell with the law.
At the moment, Obama wants the Hispanic vote in 2012. He will move heaven and earth, tread on anyone who gets in his way, use the mailed fist of the federal government to crush whoever and whatever gets in his way -- the same as any other tin pot dictator in the western hemisphere. America is looking more and more, everyday, like one of the “banana republics” we used to make jokes about. Now that we are one – it ain’t funny!
In the years before the American civil war, when Washington was tyrannizing the southern states on a regular basis (much as they are doing to the entire country today) the southern states began nullifying those federal laws. Why did they think they could do that? Well one of the Founding Fathers, Thomas Jefferson, said in the Kentucky Resolution the following:
“Resolved, that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party….each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.” Alien and Sedition Acts and States’ rights (Texas Fred has an excellent article from which this was drawn at: http://texasfred.net/archives/7233)
I say again, the underlying cause of the American civil war was not slavery, as we have been taught, it was the abuse of the rights of the states by the heavy-handed federal government – just as the federal government is doing today!
They say history repeats itself – and today we have the evidence right before our eyes.
How much more of Obama’s high-handed tyrannical tactics are the American people going to suffer before they bow their backs and say: ENOUGH!
One good thing may come from this demonstration of what happens when a country’s all too powerful central government runs amuck. If nothing else, this move by the judge in Arizona should seal the election in November for the Republicans.
Now that Americans have seen that the Obama Regime is intent on securing its hold on the government, not only in Washington, but in their states, as well, it should cut through the smoke screen of flowery oratory, and expose the skull and crossbones hidden within.
Remember this: if your state has no rights, YOU, my fellow Americans, have no rights, either!
Remember Arizona in November. Let nothing deter you. RUN to the polls in November -- and reclaim America. Do not allow the history books to record that Americans lost their country to a great orator much as the Germans of the 20th century did. As they learned, too late, it was the road to utter destruction.
Remember in November!
J.D. Longstreet
Tuesday, February 23, 2010
“Nullification Laws” Passed By the States to Fight ObamaCare
“Nullification Laws” Passed By the States to Fight ObamaCareArrogant Federal Government Lights Fuse on Explosive Citizen Anger!
A Commentary by J. D. Longstreet
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In the upcoming “summit” between Obama and the Republicans on his ObamaCare proposal… you know, the one the American people have flatly rejected… you can forget the democrats tossing out anything in the current proposal. Ain’t gonna happen. The dems, with the added weight of Obama, hope to overwhelm the Republicans and force them into folding and agreeing to reluctantly support ObamaCare so they, the democrats, can save face for Obama and themselves.
WE appeal to the GOP to hold fast. Don’t give an inch. This sorry piece of legislation deserves to be flatly, and completely, defeated, with a stake driven through its heart, and committed to the trash bin of history for all time.
It is nothing more than a power grab by the Progressives in the Congress. It is power they will use to ram their remaining socialist agenda through the Congress and into law. It is a sure and certain formula for the utter destruction of our constitutional republic. And that, dear reader is exactly what they want and what they are working tirelessly to accomplish.
If they win, it will spell the doom of the United States of America -- at least, what is left of the US today.
They must be stopped -- at the ballot box!

We warned they would try this. They have -- and they are.
Already, the White House is admitting that the “NEW” ObamaCare Proposal is only a “Starting Point” for healthcare legislation. We have warned many, many, times that the current Congress believes the American people are basically stupid. We have warned, just as many times, that they will pass ObamaCare by “Incrementalism,” one small piece of the plan, at a time, until they get the whole “hell spawned plan” in place and the government will have total control of the lives of every American.
It now appears the Obama Regime is readying itself to use the reconciliation process, which requires only 51 votes instead of the usual 60 votes for passage of a budget bill, to pass their abomination of a healthcare bill through the Senate. It appears to this scribe the democrats are still pressing to gain at least one republican vote for political cover in case their plan fails. Woe be unto any republican dumb enough to side with the dems in favor of what is now being referred to as ObamaCare 2.0.
Many conservatives, including “yours truly,” have been fighting ObamaCare for over two years. We began alerting our readers and listeners in the early days of the Presidential campaign and as far back, in some cases, as 2007. Why are we so dead set against government run healthcare? To put is as clearly and concisely, yes, as bluntly as I know h -- ObamaCare is socialized medicine, it is socialism, and socialism is the final step a nation takes before becoming a communist nation.
The American people HATE ObamaCare. The American people have told the government we do not want ObamaCare in any form. As evidence of this, look at the number of states that have already amended their state constitutions to ban any kind of government healthcare mandates handed down by the federal government. If you know your American history then you already know this has happened before in the US. Just before the American Civil War broke out into a shooting war, the southern states began passing “nullification” laws, within the states, which nullified federal laws and mandates placed on those states by the federal government of that day. Simply put a nullification law means those states will NOT adhere to, or abide by, those federal laws and mandates. Need I remind you of the next step taken by those states?
The American Civil War did not have to happen. It DID happen because the arrogant US Congress of that day refused to listen to the people of the southern states telling them, flat out, they would leave the Union if the Congress continued to govern against the will of the southern people.
Today the current US Congress is making the exact same mistake the Congresses of the 1840s and 1850s made -- and this time, it is not just the southern states warning Congress to take heed. This time, states all over the nation are frantically attempting to get the attention of the federal government by passing modern day nullification laws.
The signs are all there. A blind fool can read them. And yet, the federal government cannot hear them or, worse, it is ignoring them.
This way lies destruction. The peoples of the states have issued the clarion call. Just as the election of 1860 was the turning point, the day the nation split into two nations, the election of 2010 will decide if the US remains one country or shatters into two or more separate nations or confederations of states. One thing is certain: America cannot continue as a single entity of 50 states ruled over by a socialist government.
The 2010 election is the safety valve. If the pressure is released by a purge of the incumbents in the Congress then the US will survive. It the valve remains closed, and no pressure is released, the explosion of the US tearing itself apart will be heard, and felt, around the globe and will spell the end of the Great American Experiment.
J. D. Longstreet
Tuesday, February 03, 2009
Live Free or Die!
Live Free or Die! That’s the motto of the State of New Hampshire. They really take their motto seriously up there in New Hampshire.
This morning at work I was listening to the Mike Church show and nearly did a cartwheel in the middle of the office when I heard about this. New Hampshire House Resolution 6 is a resolution affirming States’ rights based on Jeffersonian principles.
You should really read the whole document. It’s wonderful! Share it with your own state legislature (ha-here in NY they’d be more interested in a resolution based on Marxist instead of Jeffersonian philosophy, but we can still try). In summary:
That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of
America. Acts which would cause such a nullification include, but are not limited to:I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.
II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.
III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.
IV. Surrendering any power delegated or not delegated to any
corporation or foreign government.V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of
the press.VI. Further infringements on the right to keep and bear arms
including prohibitions of type or quantity of arms or ammunition; andThat should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several
States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government; andThat copies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature.
The federal government needs a reminder that it was created by the States and can be abolished by the States.

