Why States Must Nullify Unconstitutional Acts of Congress: Instructions from Hamilton, Madison, & Jefferson

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During August 2010, the People of The State of Missouri approved Proposition C and nullified key parts of “Obamacare.”  As a matter of constitutional principle, may the People of the States lawfully do this?  Or must they submit to every law made by Congress whether it is constitutional or not?  Are federal judges the final authority?

I will prove that the States have the Right and the Duty to nullify unconstitutional acts of Congress.  The only real question is whether Americans have the Will to reclaim our Constitutional Republic & the Rule of Law, or whether they will submit to the rulership of men who “don’t care” what the Constitution says, and who see Obamacare as a way “to control the people”.

Congress’ Powers are Enumerated

1. The U.S. Constitution, which created the federal government, permits Congress to make laws only on those few objects which are listed in the Constitution. The objects on which Congress has authority to make laws applicable throughout our Country are itemized at Art. I, Sec. 8, clauses 1-16 (and in a few of the Amendments).

Since the Federalist Papers are the most authoritative commentary on the true meaning of the Constitution, 1 let us see what those Papers say about the extent of Congress’ legislative powers.  In Federalist   No. 83 (7th para), Alexander Hamilton says:

The plan of the convention declares that the power of Congress …shall extend to certain enumerated cases. This specification of particulars evidently excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd, as well as useless, if a general authority was intended. [boldface mine]

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