07/31/13
The states' job is to protect the people
Black’s Law Dictionary defines Interposition as,
“The doctrine that a state, in the exercise of its sovereignty, may reject a mandate of the federal government deemed to be unconstitutional or to exceed the powers delegated to the federal government”
This sounds foreign to most of us as we’ve been conditioned to believe that federal law trumps all. Clearly, the first generation of Americans asserted the fact that the people retain all rights and the federal government has limited powers, in the Ninth and 10th Amendments:
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.
The Constitution has been impotent in restraining government and protecting the rights of the People. When the federal overreach occurs, it is the duty of state government to interpose.
One of the most famous examples is Sheriff Richard Mack’s lawsuit against the federal government after the Brady Act was passed. Sheriff Mack of Graham County Arizona, refused to enforce the unconstitutional provisions of the Act and was forced to sue the federal government – he won.
READ MORE
The states' job is to protect the people
Black’s Law Dictionary defines Interposition as,
“The doctrine that a state, in the exercise of its sovereignty, may reject a mandate of the federal government deemed to be unconstitutional or to exceed the powers delegated to the federal government”
This sounds foreign to most of us as we’ve been conditioned to believe that federal law trumps all. Clearly, the first generation of Americans asserted the fact that the people retain all rights and the federal government has limited powers, in the Ninth and 10th Amendments:
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.
The Constitution has been impotent in restraining government and protecting the rights of the People. When the federal overreach occurs, it is the duty of state government to interpose.
One of the most famous examples is Sheriff Richard Mack’s lawsuit against the federal government after the Brady Act was passed. Sheriff Mack of Graham County Arizona, refused to enforce the unconstitutional provisions of the Act and was forced to sue the federal government – he won.
READ MORE
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