The Stand for Sovereignty

On July 10, 2009, Alaskan Governor
Sarah Palin became the second governor in these States United (Governor Phil
Bredesen of Tennessee is the other one) to sign into effect a State Sovereignty
Resolution. (See http://www.tenthamendmentcenter.com). These
Sovereignty-type bills, resolutions and laws are an obvious and rightful response
that the super-majority of the States in the Union is expressing to and against
the usurping powers of the federal government. While the effects of federal
tyranny are being felt more seriously than ever, history and human nature prove
that the people of a society do not respond or revolt immediately against
tyranny –though they have a right to. America's resistance is no different.
Fortunately, the sleeping giant is being awakened, to the dismay of our
Centralist-worshipers today.
An observer of history and these
current events cannot help but draw strikingly similar comparisons to America's
political struggles during the early to mid-1800s, where there was a serious
threat to our original form of constitutional government by the Centralists of
that day. During the presidency of John Adams, the people of the States
realized and rejected the pro-centralist view of Adams and his ilk (e.g.,
Alexander Hamilton), and a battle between the ideology of centralism and
federalism thrust itself into the forefront of political concern.
On the heels of the Adams
administration, the people of the States United spoke clearly and loudly
through their election of Presidents Thomas Jefferson in 1801 through James
Buchanan in 1857. All of these Presidents (through either political expediency
or conviction) rejected the centralists' philosophy and confirmed the
fundamental political ideology that the Constitution of the United States of
America was a compact assented to by the individual Sovereign States of
America, and that the Federal government's authority only extended to the
specific and enumerated grants acceded to it by the sovereigns of each State.
It was not until 1861 that this understanding of Constitutional government and
State Sovereignty was seriously challenged.
Since the Reconstruction period
after the War Between the States, the philosophical acknowledgements of what
State Sovereignty means, implies and mandates has been flipped on its head, to
where the States seem to believe that they are powerless over the demands of
the federal government. This concept is completely contrary to the original
principles of our Confederated Republic, which was overwhelmingly acknowledged
from 1787 to 1860.
Those who adopted the views of the
Centralists during the twentieth century, of course, had their heyday: from the
implementation of the sixteenth and seventeenth amendments, to the
implementation of our fiat currency system; from the assumption of all federal
laws as superior to all state laws, to the Federal Supreme Court being
considered the only arbitrator of issues regarding political sovereignty; from
excessive federal borrowing and spending, to tyrannical federal mandates and
directives imposed on the people of the States. Now, their heyday is turning
into our payday, and we the people are fronting the bill.
What Governor Palin acknowledged on
July 10, 2009—as have thousands of men and women in their State government
capacities across these States United—is what America's Founding Fathers and
statesmen pre-1861 accepted, acknowledged and proclaimed: (1) that each of the
States is independent and sovereign, possessing a natural right to govern
itself according to the will of its people reflected in its own constitution;
(2) that each of those States has a natural and compactually agreed-upon right
to defend, secure, and protect the freedoms and liberties of its own people;
and (3) that any powers not acceded to by those people through their States to
the Federal government by the expressed intent and purposes understood and
explained in the US Constitution are void and unenforceable. Indeed, most would
have argued that each Sovereign State had all powers of nationhood (pursuant to
the natural laws of nations, as understood by philosophical and political
statesmen), with exception of those powers granted to the federal government in
the United States Constitution, which was ratified and acceded to only for the
WELL-BEING--not the suppression--of those sovereign peoples and those Sovereign
States.
Most students of history would agree
that Daniel Webster was one of America's most referred-to proponents of the
Centralist view of our form of government. In the 1820s and 1830s, Webster
ardently held the position that most Americans hold today: that the Federal
government, through the "supreme laws of the land," is independent
and shielded from the States’ Sovereign powers and has an inherent political
right to be its own judge regarding all matters that it unilaterally assumes to
itself. In other words, they believe the US Constitution does not allow the
States to independently judge the constitutionality of the federal government's
actions as it affects their independent sovereignty, and the US Supreme Court,
alone, must make any such determination. Webster was (and still is) the
"hero" of many who would (1) presuppose that the effect of the US
Constitution somehow dissolved the independence and sovereignty of each State
regarding matters of political sovereignty and, (2) suggest that each State has
no power to resist the federal government.
While Webster may have classified
himself as a proponent of such a view during the time of his life described
above, his stated belief and position later in his political life certainly
indicates that he recanted this Centralist position, as he became wiser and
more mature to the true nature and character of our form of government. In
1851, Webster states the following concerning the States' right, through their
independent and sovereign status, to resist the Federal government's usurpation
of its constitutionally limited and delegated authority:
"How absurd it is to suppose
that when different parties enter into a Compact for certain purposes, either
can disregard any one provision, and expect, nevertheless, the other to observe
the rest! I intend, for one, to regard, and maintain, and carry out, to the
fullest extent, the Constitution of the United States . . . A bargain cannot be
broken on one side and still bind the other side . . . I am as ready to fight
and to fall for the Constitutional rights of Virginia, as I am for those of
Massachusetts." (Alexander Stephens, A Constitutional View of the Late War
Between the States, vol. 1 [Philadelphia, PA, National Publishing Co., 1870],
404-405.)
Webster's dogmatic view of State
Sovereignty cited above certainly sheds light and perspective on the limits,
character, and nature of federal power and is in stark contrast to the
Centralist view of our federal government. The vast majority of the people of
the States through their State legislatures and Congressional Representatives
in the House and Senate from 1776 to 1861, of course, repeatedly confirmed this
view of State Sovereignty. And while the end of the War Between the States in
1865 may have seemed like a victory for the doctrines of the Centralists and
believers in monstrosities of government control over the lives of the people
and the States, evidence now proves that the truly American doctrine of freedom
has not died with war or time.
Instead, the spirit of a free,
confederated and republican form of government, based upon the principles and
maxims of Natural Law, lives on and is brewing like hot magma from what most
would have classified as a dormant volcano. Very clearly, the spirit of freedom
lives on. Even the famed French historian, Alexis De Tocqueville, in his book, Democracy in America, recognized that
"the fate of the republic should not be confused with that of the Union.
The Union is an accident which will last only as long as circumstances support
it, but a republic seems to be the natural state for Americans . . . The
Union's principal guarantee of existence is the LAW WHICH CREATED IT."
(Tocqueville, Alexis De, Democracy in America, Translated by Bevan, Gerald E.,
[Strand, London, Penguin Books, 2003], 464.) (Emphasis added.)
What can be dogmatically stated is
that freedom-lovers in America should be more concerned about guaranteeing the
existence of the LAW that made America free. (For now, I withhold my comments
regarding those who reject the Natural Laws that created the Union.) The
Centralists' view of "Liberty and Union, now and forever, one and
inseparable" (expressed by Daniel Webster on January 26, 1830, before his
conversion to the correct view of our Confederate Republic) is not the true
understanding of the nature and character of our government or our federal
Constitution, which was built upon the notions expressed in the Declaration of
Independence. (Webster, Daniel, Constitutional Doctrines of Webster, Hayne and
Calhoun, [Lovell & Co., New York, NY, 1897], p. 23.) To the contrary, our
Confederate Republic was built upon the law which states: the People have a
natural right "to alter or to abolish it, and to institute new Government,
laying its foundation on such principles and organizing its powers in such
form, as to them shall seem most likely to effect their Safety and
Happiness."
What freedom-loving American would
ever advocate the idea that a group of freeborn persons in Sovereign States
should be forced to be governed by a government that was initially created by
the will and assent of those people in their sovereign and independent
capacities, especially where that artificial creation (i.e., the federal
government) has usurped the powers originally granted to it by the sovereigns
of the States? Such a thought is repugnant to free society, free government,
and American ideology, and mirrors more of the hereditary-right-to-rule notion
argued by monarchs of yesteryear and forced upon not-so-loyal subjects.
Not likely realizing the
significance and effect of his words and not knowing how he would later change
his political understanding of State Sovereignty, Webster admits in 1833 that
"the natural converse of accession is secession; and therefore, when it is
stated that the people of the States acceded to the Union, it may be more
plausibly argued that they may secede from it." As seen in his statement
in 1851 above, Webster certainly reached the conclusion that the States
actually did accede to the Union and did in fact retain their Sovereign powers,
which they have a duty to use to protect their citizens.
While few are advocating secession
(at least not yet), the battle for State Sovereignty against Federal usurpation
and expansionism has clearly begun. Americans should not fear the movement for
State Sovereignty. Rather, we should embrace it; because it is the only saving
grace and vehicle for freedom left in this Confederate Republic we call the United
States of America. Unless we stand for State Sovereignty, freedom will most
certainly fall. Therefore, Americans everywhere should encourage their State
governors and legislators to follow the example of Alaska in boldly declaring
their State's autonomy and sovereignty.
Timothy Baldwin, Esq. is an attorney who received his Juris Doctor degree from Cumberland School of Law in Birmingham, Alabama. He is a former prosecutor for the Florida State Attorney's Office and now owns his own private law practice. He is also the son of Dr. Chuck Baldwin, who was the Constitution Party’s 2008 Presidential candidate.
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