Horowitz: Red states must nullify Biden’s nullification of the Constitution

[mystery-ak]

Horowitz: Red states must nullify Biden’s nullification of the Constitution


Our Founders foresaw this
Daniel Horowitz
February 01, 2021

"That in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them." ~Virginia Resolution, 1798, against the Sedition Act

What happens when the federal government and some state governments turn against every provision of the Constitution, Bill of Rights, and Declaration of Independence? James Madison foresaw such a day, which is why he designed a multilayered republic with numerous states and counties all under a federal union. Tyranny and lawlessness can persist in some places, but under his design, it shouldn't persist fully in every part of the country. When the federal government chooses to nullify the Constitution, it's time for the remaining lawful states to nullify the nullification.

As we watch the Biden administration, with the help of the media and blue state governors, impose COVID fascism, criminalize free speech and assembly, and misuse and abuse our military for what appears to be a fascist junta in D.C. — all the while rolling out the welcome mat for foreign invaders at our border and Antifa rioters in our streets — we should all be asking what red states and counties can be doing to push back.

No president has ever come close to the number of illegal executive actions the Biden regime has taken in less than two weeks. These unprecedented actions deserve an equally intrepid and determined reaction from the 31 GOP legislatures. The following are a mix of actions conservatives should push for in any unit of government controlled by those who can be pressured into adopting a constitutional sanctuary.

    Block Biden's mask mandate: Conservatives should push an immediate end to all state mask mandates in the 31 states where Republicans control the legislature. Next, in the states with Republican governors and attorneys general, they should take a chapter out of New York's playbook by criminalizing the enforcement of Biden's mask mandate on public transportation. Biden's order makes it a federal crime to breathe freely even in a ride-share that doesn't go across state lines. This is unconstitutional on so many levels. It's time to criminalize the enforcement of this in the states. New York criminalized the enforcement of immigration law, which is emphatically the job of the federal government. There's no reason why such action can't be taken by the states when the federal government violates the civil rights of American citizens.
    End all emergency orders: Every state with a GOP legislature should immediately terminate all emergency orders and pass restrictions on the ability of governors to abuse emergency powers in the future.
    Call back the National Guard: The deployment of our National Guard to Washington was a disgrace from day one and was done under false pretenses. The fact that Biden is keeping them there indefinitely is indefensible. It is shocking that only eight Republican governors have called back their National Guardsmen, despite them being abused. Pressure needs to be brought to bear on the remainder of those governors to follow suit.
    No men in female bathrooms or sports: State governors and attorneys general need to criminalize the entry of men into female private spaces and women's sports so that Biden's unconstitutional order cannot take root in the majority of states.
    Fight discrimination against Trump supporters: The federal government has now harnessed the full force of law enforcement and the national intelligence apparatus against Trump supporters. States must commit to blocking federal law enforcement from arresting people merely for assembling or expressing their opinions. They should also file 14th Amendment lawsuits against federal agencies that clearly single out Trump supporters for questioning and investigations.

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https://www.theblaze.com/op-ed/horowitz-red-states-must-nullify-bidens-nullification-of-the-constitution

[Sled Dog]

Hmmm....that's pretty shallow, there.

Here's what a true States' Rights state would do to assert it's Constitutionally guaranteed limited sovereignty:

1) Reject federal education dollars.  ALL of them.   Reject, also, all federal education curricula mandates.   This is for the college level as well as lower levels of education.  The Constitution does not permit federal interference in education.  Period.

2) Reject federal highway funds.   And stop collecting federal fuel taxes.   The federal government created the interstates.  Fine.   Limit state collection of federal fuel taxes to that amount that covers the federal expenditure to maintain the federal roads.   Also reject federal traffic rules, like seat-belt and air-bag mandates, etc.   

3) Reject federal welfare and healthcare spending.  The Constitution permits the federal government to do either.  Better yet, after that is rejected, have the state legislature determine what the "poverty" level is for it's own state and arrange for state welfare assistance to maintain subsistence no higher than that.   

4) The federal government has now authority over wheelchair ramps, doorway width, hand-rails, parking spaces or any of the other garbage GHW Bush, socialist, signed into law under the Americans With Disabilities Act.   Again, it's not Constitutional.  The states need to decide these kinds of things for themselves, or not, as they desire.

5) Clearly no federal gun restriction is Constitutional.   There's nothing to argue about on this.  That includes registration, microstamping, ammunition taxation, etc.

6) The word "commerce" means...commerce, i.e. trade and sales of goods and servives.  Not agriculture, not manufacturing.   States with farmer should insist on this.  To bad so-called Red State farmers are some of the worst socialists around and they're not going to give up the government tax-tit, not ever.  They are not patriots or real Americans.  Real Americans don't need farm subsidies.

There's lots more.

None of it is going to happen because the state politicians have sold their constituents' liberty for federal tax dollars.

[Cyber Liberty]

@Sled Dog I agree, but baby steps for the big babies in gummint.

[IsailedawayfromFR]

Hmmm....that's pretty shallow, there.

Here's what a true States' Rights state would do to assert it's Constitutionally guaranteed limited sovereignty:

1) Reject federal education dollars.  ALL of them.   Reject, also, all federal education curricula mandates.   This is for the college level as well as lower levels of education.  The Constitution does not permit federal interference in education.  Period.

2) Reject federal highway funds.   And stop collecting federal fuel taxes.   The federal government created the interstates.  Fine.   Limit state collection of federal fuel taxes to that amount that covers the federal expenditure to maintain the federal roads.   Also reject federal traffic rules, like seat-belt and air-bag mandates, etc.   

3) Reject federal welfare and healthcare spending.  The Constitution permits the federal government to do either.  Better yet, after that is rejected, have the state legislature determine what the "poverty" level is for it's own state and arrange for state welfare assistance to maintain subsistence no higher than that.   

4) The federal government has now authority over wheelchair ramps, doorway width, hand-rails, parking spaces or any of the other garbage GHW Bush, socialist, signed into law under the Americans With Disabilities Act.   Again, it's not Constitutional.  The states need to decide these kinds of things for themselves, or not, as they desire.

5) Clearly no federal gun restriction is Constitutional.   There's nothing to argue about on this.  That includes registration, microstamping, ammunition taxation, etc.

6) The word "commerce" means...commerce, i.e. trade and sales of goods and servives.  Not agriculture, not manufacturing.   States with farmer should insist on this.  To bad so-called Red State farmers are some of the worst socialists around and they're not going to give up the government tax-tit, not ever.  They are not patriots or real Americans.  Real Americans don't need farm subsidies.

There's lots more.

None of it is going to happen because the state politicians have sold their constituents' liberty for federal tax dollars.

Why not just secede?

Nothing they could do about it.

[Sled Dog]

@Sled Dog I agree, but baby steps for the big babies in gummint.

And I agree with that.

The GOP should field enough candidates who promise to double federal wages, give everyone on welfare TWO iPhones, and free cable, too.

Once they're in office, they pull a Biden and vote to eliminate everything but the DoD, including the eliminating the unnecessary seats on the federal bench the Rodents are going to pack the federal lower courts with.   What can be created by congress can be erased by Congress.

[Sled Dog]

Why not just secede?

Nothing they could do about it.

Secession is unconstitutional.

And, of course, the Rodents will rather burn the states to the ground than let them escape.

Power mad dictatorships don't allow secession, either.

[Hoodat]

Secession is unconstitutional.

@Sled Dog

Can you please pinpoint what part of the Constitution disallows secession?  Thank in advance.

[Sled Dog]

@Sled Dog

Can you please pinpoint what part of the Constitution disallows secession?  Thank in advance.

What part of the Constitution authorizes ANY state to suspend the protections of the Constitution to ANY US citizen?

Where are the exceptions in the Bill of Rights, the other Amendments?

What Article empowers the state to suspend the Constitution for any citizen who has not been duly convicted of a crime as required by the Fifth Amendment?

People can secede from the United States.

They can't take their land with them.

And they certainly can't take their neighbor's land with them, nor can they take their neighbors.

Then there's the limits placed on the states.  They can't coin their own money, they can't form interstate compacts, they can't enter into treaties with foreign nations, they

Article 4, Section 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Article 1, Section 10
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

[roamer_1]

What part of the Constitution authorizes ANY state to suspend the protections of the Constitution to ANY US citizen?

The Constitution is a compact - A contract. There ain't a contract known to man that can't be quit for cause.

Of COURSE the states have the right to secede. All they need do is prove cause (which would not be hard to do).

[IsailedawayfromFR]

What part of the Constitution authorizes ANY state to suspend the protections of the Constitution to ANY US citizen?

What has that got to do with the question I asked?

The Constitution is a contract between the states.

[Hoodat]

What part of the Constitution authorizes ANY state to suspend the protections of the Constitution to ANY US citizen?

The citizens of a State choosing to secede are no longer US citizens.

And they certainly can't take their neighbor's land with them, nor can they take their neighbors.

But if they and their neighbors decide that they no longer wish for their State to be part of the United States, then they have that right of self-determination.

Then there's the limits placed on the states.  They can't coin their own money, they can't form interstate compacts, they can't enter into treaties with foreign nations, they

All of which are explicitly listed in the Constitution.  Yet secession is not.  Because if it had been, Virginia, South Carolina, Georgia, Texas, et al. never would have signed on.  Just a reminder, the Texas Annexation agreement was conditional.

So I ask again, where exactly in the Constitution does it prohibit secession?

[IsailedawayfromFR]

The citizens of a State choosing to secede are no longer US citizens.


But if they and their neighbors decide that they no longer wish for their State to be part of the United States, then they have that right of self-determination.


All of which are explicitly listed in the Constitution.  Yet secession is not.  Because if it had been, Virginia, South Carolina, Georgia, Texas, et al. never would have signed on.  Just a reminder, the Texas Annexation agreement was conditional.

So I ask again, where exactly in the Constitution does it prohibit secession?

The silence is deafening.

Some believe entering the Union is a suicide pact.

We are a collection of STATES first and foremost and the Constitution gives explicit powers to a federal body to engage in certain activities on behalf of the state.

We remain sovereign states except for those listed powers delegated to the federal government, and states retain the right to dissolve that contract at any time, for any reason.  They are individually Sovereign.

[Bigun]

The silence is deafening.

Some believe entering the Union is a suicide pact.

We are a collection of STATES first and foremost and the Constitution gives explicit powers to a federal body to engage in certain activities on behalf of the state.

We remain sovereign states except for those listed powers delegated to the federal government, and states retain the right to dissolve that contract at any time, for any reason.  They are individually Sovereign.

"The Federal Government is the creature of the States. It is not a party to the Constitution, but the result of it the creation of that agreement which was made by the States as parties. It is a mere agent, entrusted with limited powers for certain specific objects; which powers and objects are enumerated in the Constitution. Shall the agent be permitted to judge the extent of its own powers, without reference to his constituent? To a certain extent, he is compelled to do this, in the very act of exercising them, but always in subordination to the authority by whom his powers were conferred. If this were not so, the result would be, that the agent would possess every power which the agent could confer, notwithstanding the plainest and most express terms of the grant. This would be against all principle and all reason. If such a rule would prevail in regard to government, a written constitution would be the idlest thing imaginable. It would afford no barrier against the usurpations of the government, and no security for the rights and liberties of the people. If then the Federal Government has no authority to judge, in the last resort, of the extent of its own powers, with what propriety can it be said that a single department of that government may do so? Nay. It is said that this department may not only judge for itself, but for the other departments also. This is an absurdity as pernicious as it is gross and palpable. If the judiciary may determine the powers of the Federal Government, it may pronounce them either less or more than they really are. "

Abel Upshur, The Federal government: Its true nature and character

(Abel Upshur served as Secretary of the Navy 1841-43)

"Although the federal government can, in no possible view, be considered as a party to a compact made anterior to its existence, and by which it was, in fact, created; yet as the creature of that compact, it must be bound by it, to its creators, the several states in the union, and the citizens thereof. Having no existence but under the constitution, nor any rights, but such as that instrument confers; and those very rights being in fact duties; it can possess no legitimate power, but such, as is absolutely necessary for the performance of a duty, prescribed and enjoined by the constitution. Its duties, then, become the exact measure of its powers; and wherever it exerts a power for any other purpose than the performance of a duty prescribed by the constitution, it transgresses its proper limits, and violates the public trust. Its duties, being moreover imposed for the general benefit and security of the several states, in their politic character; and of the people, both in their sovereign, and individual capacity, if these objects be not obtained, the government will not answer the end of its creation: it is therefore bound to the several states, respectively, and to every citizen thereof, for the due execution of those duties. And the observance of this obligation is enforced, by the solemn sanction of an oath, from all who administer the government.
The constitution of the United States, then being that instrument by which the federal government hath been created; its powers defined, and limited; and the duties, and functions of its several departments prescribed; the government, thus established, may be pronounced to be a confederate republic, composed of several independent, and sovereign democratic states, united for their common defense, and security against foreign nations, and for the purposes of harmony, and mutual intercourse between each other; each state retaining an entire liberty of exercising, as it thinks proper, all those parts of its sovereignty, which are not mentioned in the constitution, or act of union, as parts that ought to be exercised in common. It is the supreme law of the land, and as such binding upon the federal government; the several states; and finally upon all the citizens of the United States.... It can not be controlled, or altered without the express consent of the body politic of three-fourths of the states in the union, or, of the people, of an equal number of the states. To prevent the necessity of an immediate appeal to the latter, a method is pointed out, by which amendments may be proposed and ratified by the concurrent act of two-thirds of both houses of congress, and three-fourths of the state legislatures: but if congress should neglect to propose amendments in this way, when they may be deemed necessary, the concurrent sense of two-thirds of the state legislatures may enforce Congress to call a convention, the amendments proposed by which, when ratified by the conventions of three-fourths of the states, become valid, as a part of the constitution. In either mode, the assent of the body politic of the states, is necessary, either to complete or to originate the measure."


“Their submission to its operation is voluntary: it’s councils, its engagements, its authority are theirs, modified, and united. Its sovereignty is an emanation from theirs, not a flame by which they have been consumed, nor a vortex in which they are swallowed up. Each is still a perfect state, still sovereign, still independent, and still capable, should the occasion require, to resume the exercise of its functions, as such, in the most unlimited extent."

Both excerpted from:
BLACKSTONE'S COMMENTARIES:

WITH NOTES OF REFERENCE TO THE CONSTITUTION AND LAWS OF THE FEDERAL GOVERNMENT OF THE UNITED STATES; AND OF THE
COMMONWEALTH OF VIRGINIA.

IN FIVE VOLUMES. WITH AN APPENDIX TO EACH VOLUME CONTAINING SHORT TRACTS UPON SUCH SUBJECTS AS APPEARED NECESSARY TO FORM A CONNECTED VIEW OF THE LAWS OF VIRGINIA AS A MEMBER OF THE FEDERAL UNION.

BY ST. GEORGE TUCKER PROFESSOR OF LAW, IN THE UNIVERSITY OF WILLIAM AND MARY, AND ONE OF THE JUDGES OF THE GENERAL COURT IN VIRGINIA.

PUBLISHED BY WILLIAM YOUNG BIRCH, AND ABRAHAM SMALL
NO. 17, SOUTH SECOND-STREET.
ROBERT CARR, PRINTER.
1803.

[Fishrrman]

Traditional-minded white Americans have three choices left to them:
1. Fight;
2. Flight (secession);
3. Submission.

What's your choice?

[Hoodat]

Traditional-minded white Americans have three choices left to them:

That applies to black Americans also.

[goatprairie]

The silence is deafening.

Some believe entering the Union is a suicide pact.

We are a collection of STATES first and foremost and the Constitution gives explicit powers to a federal body to engage in certain activities on behalf of the state.

We remain sovereign states except for those listed powers delegated to the federal government, and states retain the right to dissolve that contract at any time, for any reason.  They are individually Sovereign.

baloney. They rejected a confederation for a union. No unilateral secession. Bunch of nuts take over your state and declare themselves a separate country? Insanity.

[IsailedawayfromFR]

baloney. They rejected a confederation for a union. No unilateral secession. Bunch of nuts take over your state and declare themselves a separate country? Insanity.

You produce no facts there but simply hyperventilation(and not very good at that).

The Union remains a contract between parties.  And that contract does not state a union has no unilateral secession from it.

Your hip shooting is way, way off.

[Hoodat]

baloney. They rejected a confederation for a union. No unilateral secession. Bunch of nuts take over your state and declare themselves a separate country? Insanity.

@goatprairie

Can you please direct me to that section in the Constitution that prohibits States from seceding?

[Hoodat]

The silence is deafening.

Some believe entering the Union is a suicide pact.

We are a collection of STATES first and foremost and the Constitution gives explicit powers to a federal body to engage in certain activities on behalf of the state.

We remain sovereign states except for those listed powers delegated to the federal government, and states retain the right to dissolve that contract at any time, for any reason.  They are individually Sovereign.

Apparently there are those here who believe that a State it bound to remain in union with and has no recourse against the tyranny of a federal government that would deny its citizens the rights of religion, speech, petition, or assembly, would impose troop quartering, or would allow enemy invasion or even the imposition of slavery.