It is without question that our founding fathers and authors of the Constitution wanted sovereignty to lie within state governments and not the federal (national) government. The meaning of “state” in the 18th century was synonymous with “nation”. This context of “state” can be seen in the Declaration of Independence. Jefferson writes “as Free and Independent States, they have the full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right to do”. In other words the 13 colonies each had the right to do things that other independent states (nations) may do. Hence, each of the 13 colonies (states) is considered a nation. One present day example of this definition of state is “Secretary of State (Nation)”. Here are some obvious reasons that it should be the states and not our federal government deciding issues about healthcare insurance, abortion, illegal immigration and so on.
•Most importantly, the United States, during the first century and a half of its existence did not have a federal government, they only had state governments. And it was the states that drafted the Constitution whose purpose was to create a limited federal government. The idea behind the federal government concept was mostly to deal with our common defense (national security) and foreign issues. Remember, the colonies fought for their freedom to rid themselves of King George’s tyranny. King George the III and Britain’s parliament felt sovereignty lie within the central government. Therefore, why would Americans want to create a government similar to the one they just disposed? After all, if the goal of the Constitution was to incorporate all power within the federal government; then why bother having states in the first place since state governments would be powerless. Besides, since when do Washington politicians and judges better understand the problems and issues, in say, Hawaii or Nevada than their state legislators and judges? They don’t!
•The Declaration of Independence declares the colonies to be “free and independent states”. In other words they were free countries.
•Article II of the Articles of Confederation states that “each state retains its sovereignty, freedom, and independence, and every power, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled”. In other words sovereignty lies within the states.
•The Treaty of Paris that ended the American Revolution – King George III stated that Britain recognizes the independence of the thirteen states, naming all the colonies. This document never declares, one nation, the United States as being independent and free.
•The Constitution’s Tenth Amendment clearly states “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 to the people”. This once again signifies state sovereignty.
•The Constitution’s Eleventh Amendment states “The Judicial power of the United States shall not be construed to extent to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State”. This amendment was drafted solely to make sure the Supreme Court’s powers were limited to Article III of the Constitution.
The end result is that the Supreme Court has created a very broad view of Article I, Section 8 of the Constitution and the Bill of Rights except for the Tenth Amendment, which is viewed narrowly. For instance, the First Amendment (Freedom of Speech) today also includes Freedom of Expression. The Commerce Clause in Article I, Section 8 of the Constitution now includes intrastate commerce. The Fourteenth Amendment (due process for former slaves) has been used to decide abortion, Miranda, contraception, and elections. Furthermore, Justices have used social and economic studies (not the law) to decide segregation and affirmative action. Is this not beyond the scope of the Constitution? Yes! Face it; our government and the Supreme Court believe in Alexander Hamilton’s (a Monarchist) view of the Constitution: Any power not denied to the federal government in the Constitution is open for its interpretation.
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