I’ve been talking for some months about the idea stated in the thread title. I haven’t posted anything on my blog addressing it. This seems like the ideal venue to open it up for discussion. Let me sketch out the basic argument.
1. As we know, the Constitution delegates a limited set of powers to the Federal Government. Those powers are, to quote Madison, “…few and defined.” There is no enumerated power to regulate firearms outside of the militia clauses, which allow Congress to “…provide for…arming…” the militia. (In a 1998 8th District Congressional debate - I was the Libertarian Candidate - I pointed out that, based upon the militia clauses, Congress could potentially require that citizens keep an M-16, making that the only legal form of Federal “gun control”.)
2. Lest the Federal Government in the exercise of the enumerated powers contrive to restrict or cripple the ability of individual states to arm and equip their “well regulated” militias, the people – the unorganized militia – were guaranteed that their rights to keep and bear militia weapons would not be violated by the Federal Government.
3. The highest law of the land is the U.S. Constitution.
4. Article VI, clause 3, requires that, in addition to the President (in Article II), all members of Congress, and all other Executive and Judicial officials must, by oath or affirmation, pledge to support the U.S. Constitution. In addition, EVERY STATE official – executive, legislative, and judicial – must also, by oath or affirmation, pledge to support the Constitution. Our state codifies this in Article 15, Section 4 of the Indiana Constitution.
5. What happens if Congress passes a clearly unconstitutional law, the President signs it, and the Supreme Court upholds it? The Constitution was not written to be obscure or abstruse – it was to be comprehensible to the average person reading it in 1788 and thereafter. It was publically debated, most famously in the Federalist and Anti-Federalist writings. Despite somewhat archaic language, grammar, and even punctuation, with a little study it remains comprehensible today. We don’t need a collection of black robed, legal sacerdotes from Ivy League schools to divine its meaning for us.
6. The United States faced the issue of the Federal Government violating the Constitution for the first time in 1798, with the passage of the Alien and Sedition Acts. Arguing against the foreign policy of the U.S. Government constituted sedition and was punishable by fine and imprisonment. There was no enumerated power for the Federal Government to do this. Moreover, the 1st Amendment clearly stated that Congress could “…make no law…” abridging the freedom of speech. In response, Jefferson and Madison penned Nullification resolutions for Kentucky and Virginia respectively.
7. Though the 10th Amendment is always cited in the matter of reserved state power, the fact that state officials pledge to support the Constitution, not the Federal Government, is almost always neglected. Nullification has been in bad odor since the Civil War – the first serious discussion of nullification which dealt with free speech, is always eliding from history courses. It won’t do to suggest that there may be times with the last defense of the Constitution can ONLY come from states AND that this defense is LAWFUL.
Tax Resistors who refuse to pay some or all of their income taxes because they object to the use(s) to which the Federal Government put(s) their money are engaging in civil DISOBEDIENCE. They are violating a Constitutional Federal law. When citizens of a state call on it to not enforce unlawful Federal Laws or to detain or arrest Federal Officials acting in violation of the U.S. Constitution, the citizens and their State are engaging in Civil Obedience.
I recommend that we begin using the term “civil obedience” in our normal discourse, when we write articles, or when we speak formally to our elected Representatives, whether Federal, state, or local. As a practical matter, support any elected representative in Indiana government, irrespective of party, who is willing to stand up against unconstitutional Federal Laws, Executive Orders, and Regulations.
Arguably, most of what the Federal Government does it has no authority to do under that Constitution. That said, this is not the time to restore our Federal Republic in toto – it is politically impossible. However, what we can do is reestablish the principle that states too have the authority to defend the Constitution.
Obviously, defense of the right of self-defense against garden variety malefactors and jack-booted Federal thugs is the priority. In addition, there are a couple of very unpopular Federal usurpations that we can tie our RKBA activities to: Obamacare and the TSA. How can we allow ourselves to be groped and molested by Federal Agents with impunity? Texas and a handful of states have begun to take action. Let’s get Indiana involved. Take advantage of Federal overreach.
Finally, NEVER, use the word “secession”. We are calling on our state to UPHOLD the Constitution, not repudiate it. If any state(s) should secede, it is those Blue States that hold the idea of our Federal Republic and its Constitution in contempt.
There is a quote from Winston Churchill which I think is particularly apposite regarding the perilous state of our Republic and our freedom. Let me share it with you:
“…f you will not fight for the right when you can easily win without bloodshed, if you will not fight when your victory will be sure and not so costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves.”
We have reached stage two – the odds are against us but we still have a chance. We can’t afford to wait for a better or more propitious time because it doesn’t exist. From now on, political action must move to the states. Here in Indiana, we must help our state officials by showing them they have our support in standing up to unlawful Federal acts.
Act now.
1. As we know, the Constitution delegates a limited set of powers to the Federal Government. Those powers are, to quote Madison, “…few and defined.” There is no enumerated power to regulate firearms outside of the militia clauses, which allow Congress to “…provide for…arming…” the militia. (In a 1998 8th District Congressional debate - I was the Libertarian Candidate - I pointed out that, based upon the militia clauses, Congress could potentially require that citizens keep an M-16, making that the only legal form of Federal “gun control”.)
2. Lest the Federal Government in the exercise of the enumerated powers contrive to restrict or cripple the ability of individual states to arm and equip their “well regulated” militias, the people – the unorganized militia – were guaranteed that their rights to keep and bear militia weapons would not be violated by the Federal Government.
3. The highest law of the land is the U.S. Constitution.
4. Article VI, clause 3, requires that, in addition to the President (in Article II), all members of Congress, and all other Executive and Judicial officials must, by oath or affirmation, pledge to support the U.S. Constitution. In addition, EVERY STATE official – executive, legislative, and judicial – must also, by oath or affirmation, pledge to support the Constitution. Our state codifies this in Article 15, Section 4 of the Indiana Constitution.
5. What happens if Congress passes a clearly unconstitutional law, the President signs it, and the Supreme Court upholds it? The Constitution was not written to be obscure or abstruse – it was to be comprehensible to the average person reading it in 1788 and thereafter. It was publically debated, most famously in the Federalist and Anti-Federalist writings. Despite somewhat archaic language, grammar, and even punctuation, with a little study it remains comprehensible today. We don’t need a collection of black robed, legal sacerdotes from Ivy League schools to divine its meaning for us.
6. The United States faced the issue of the Federal Government violating the Constitution for the first time in 1798, with the passage of the Alien and Sedition Acts. Arguing against the foreign policy of the U.S. Government constituted sedition and was punishable by fine and imprisonment. There was no enumerated power for the Federal Government to do this. Moreover, the 1st Amendment clearly stated that Congress could “…make no law…” abridging the freedom of speech. In response, Jefferson and Madison penned Nullification resolutions for Kentucky and Virginia respectively.
7. Though the 10th Amendment is always cited in the matter of reserved state power, the fact that state officials pledge to support the Constitution, not the Federal Government, is almost always neglected. Nullification has been in bad odor since the Civil War – the first serious discussion of nullification which dealt with free speech, is always eliding from history courses. It won’t do to suggest that there may be times with the last defense of the Constitution can ONLY come from states AND that this defense is LAWFUL.
Tax Resistors who refuse to pay some or all of their income taxes because they object to the use(s) to which the Federal Government put(s) their money are engaging in civil DISOBEDIENCE. They are violating a Constitutional Federal law. When citizens of a state call on it to not enforce unlawful Federal Laws or to detain or arrest Federal Officials acting in violation of the U.S. Constitution, the citizens and their State are engaging in Civil Obedience.
I recommend that we begin using the term “civil obedience” in our normal discourse, when we write articles, or when we speak formally to our elected Representatives, whether Federal, state, or local. As a practical matter, support any elected representative in Indiana government, irrespective of party, who is willing to stand up against unconstitutional Federal Laws, Executive Orders, and Regulations.
Arguably, most of what the Federal Government does it has no authority to do under that Constitution. That said, this is not the time to restore our Federal Republic in toto – it is politically impossible. However, what we can do is reestablish the principle that states too have the authority to defend the Constitution.
Obviously, defense of the right of self-defense against garden variety malefactors and jack-booted Federal thugs is the priority. In addition, there are a couple of very unpopular Federal usurpations that we can tie our RKBA activities to: Obamacare and the TSA. How can we allow ourselves to be groped and molested by Federal Agents with impunity? Texas and a handful of states have begun to take action. Let’s get Indiana involved. Take advantage of Federal overreach.
Finally, NEVER, use the word “secession”. We are calling on our state to UPHOLD the Constitution, not repudiate it. If any state(s) should secede, it is those Blue States that hold the idea of our Federal Republic and its Constitution in contempt.
There is a quote from Winston Churchill which I think is particularly apposite regarding the perilous state of our Republic and our freedom. Let me share it with you:
“…f you will not fight for the right when you can easily win without bloodshed, if you will not fight when your victory will be sure and not so costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves.”
We have reached stage two – the odds are against us but we still have a chance. We can’t afford to wait for a better or more propitious time because it doesn’t exist. From now on, political action must move to the states. Here in Indiana, we must help our state officials by showing them they have our support in standing up to unlawful Federal acts.
Act now.