6 Comments

"rising insurance premiums or higher interest charges for auto loans, mortgages, credit cards and installment purchases when reporting on inflation. Tell me, what family can avoid dealing with these rapidly rising monthly expenses?"

Almost all of them can. Cars are not necessary, and you shouldn't buy things on credit, because it means you can't actually afford them.

Expand full comment

The answers here are not that difficult and fall into to categories:

1) prohibit campaign contributions by groups (unions, corps, special interests generally) and contributions by individuals living outside the boundary of the office (congressional district, state, etc.)

2) make the enumerated powers and 10th Amendment meaningful. Review the entire federal code and executive departments, including the Cabinet, and terminate anything and everything unsupported by the constitutional limits the states placed on the Feds. This will require governors to man-up, but that’s their job.

Expand full comment

I'm not from or in your country, but I was about to echo your first suggestion (sorry, don't know anything about the 2nd one) except I was thinking along the line of corporate donations/lobbying. In any case, it didn't make sense that politicians who are paid to serve the people end up serving their donors because of these payments.

Expand full comment

In a nutshell, the states created the federal government (NOT a "national government") and delegated to it specific "enumerated powers." In all but the very few enumerated powers, the states have superior authority over the feds. The states retained their individual sovereignty - surrendering sovereignty, under international law requires a written surrender - no state ever did that. These enumerated powers are listed in Article 1 Section 8. 

The Bill of Rights (Amendments 1-10) were added in order to get the Constitution ratified and to create the federal government, which is inferior to the states; the states felt that the federal government needed solid, purposeful constraints on it so as not to become a tyranny. Amendment 9 basically says - just because we didn't think of something, it still counts, and Amendment 10 says - if the authority was not delegated TO the federal government nor denied to the states, that right/authority/power belongs to the states and the people.

The enumerated powers do NOT give to the feds any of the below - so, per the 10th Amendment, these things belong ONLY to the states and the people (I'll get to the Supremacy Clause later):

Marriage, sports, bathrooms, abortion, land ownership (other than to fulfill the enumerated powers), education, energy, housing, "general police powers" (i.e. FBI, ATF, etc.), foreign aid (Ukraine, anyone?)..

EVERY federal law or regulation or cabinet department or funding for or handling ANY of these things is an affront to the Constitution and usurpation of state 10A authority and therefore unconstitutional and illegal under "the Supreme Law of the Land" (the Constitution).

Some people ignorantly pretend that the Supremacy Clause allows the feds to exceed their enumerated powers and legislate or regulate things outside the limits placed on the feds by the states. This is just not true - even when AG Garland says it is. The feds have Supremacy ONLY in the event of a conflict in which a state legislates in opposition to an enumerated power, attempting to usurp federal authority. If the feds had plenary authority and supremacy over anything they want, we would have a federal government without limits.

To use a recent issue into perspective, the Dobbs decision by SCOTUS was a pure 10A decision - abortion is NOT among the enumerated powers so the federal government (which includes SCOTUS) has zero authority to deal with the issues. SCOTUS was outside their authority in the Roe ruling in 1973 - but no governor pushed back. Anyway, Dobbs simply held that only the states have authority to legislate on abortion, which is 100% in-line with the Constitution, enumerated powers and the 10th Amendment.  Garland immediately, ignorantly and incorrectly, said he can use the Supremacy Clause to ensure access to abortion. He CANNOT. Lindsey Graham (R) said we need a national ban on abortion - again, violating the enumerated powers and attempting to usurp state 10A authority. They are BOTH demanding action outside the authority of the federal government of which they are a part.

Expand full comment

What would the governors have to do in practice? How would they do it?

Expand full comment

Two categories of things:

1. Reject any usurpation of 10A state authority: any person or office of the Feds within a state that is not supported by the enumerated powers (and is a violation of 10A by definition) must be arrested and deported from the state, and their offices shuttered. This includes FBI, ATF, others. “General Police Powers” are reserved, not delegated. Arrest anyone and pull the business license of anyone cooperating with the Feds in warrantless search: cell phone companies, banks, CC companies, etc. Some will respond that SCOTUS has upheld warrantless searches; so what? They also held Plessy v Ferguson. SCOTUS is part of the federal government limited by the enumerated powers. Any state desiring their own views on gays, trans, marriage, sports, education… must follow its own path as none of these are among the delegated authority. Governors also should reject out-of-hand any and all executive branch regulations that have penalties through which one may lose Liberty or property. These rightly are laws. The very first sentence of Article 1 says all laws must be passed by the legislative branch. Congress has no authority to transfer lawmaking to regulators for any reason.

2. Stop paying taxes to the federal government to spend on things they aren’t allowed to do. I’ve posted on this before. 16A says they get to tax our income; it doesn’t say how. Governors should take the federal budget - which by law must be passed by a date certain - and line-out any and all spending not supported by the enumerated powers. The remaining sun should be divided by the number of taxpayers in the country, the result multiplied by the number of taxpayers in their state, and that amount collected via their state taxing laws, authority and processes, and a single check from each state forwarded to the IRS, which can be reduced to the size necessary to process 50 checks… and disarmed.

Expand full comment