Sunday, January 30, 2011
By Paul Martin

By Timothy N. Baldwin, JD.
January 30, 2011

Those who oppose SB 114-The Sheriffs First Bill have incorrectly expressed that the States are subservient to the federal government according to the United States Constitution (USC). However, nothing could be further from the truth regarding the political association and federal system designed by founding fathers like James Madison—the father of the USC—who was among the first State participants to pass a nullification bill against the federal government only one decade after the States ratified the USC. Likewise, the Federalist Papers reveal the understanding of even the most nationalistic-monarchical founder father (Alexander Hamilton) that the States must interpose against federal usurpation. This usurpation was to be watched and determined not by the United States Supreme Court, but by the State government. To ignore the historical, legal and political facts of our founding is a serious act of opposition to the freedom supposedly protected in this union of States, and it destroys the very purpose for which the union was formed.

It has been stated that Senator Jim Shockley claims that the Civil War settled the issue of federal supremacy over the states. Does this mean that war is the ultimate decider of constitutional limitations on the federal government? I thought the USC and the consent of the governed were this American union’s standard? If war is the standard applied regarding constitutional authority, then we do not live in a free, constitutional republic. Rather, we live in a conquered, subdued district of the American empire, where the consent of the governed is not the foundation of civil society. Even worse, the consent of the governed is a political tool used by politicians to make citizens think they are free simply because they have the “right to vote,” all the while, shirking the weightier duties that really make the difference between slavery and freedom.

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