Tag Archives: state militias

How much power and liberty have the feds and the courts stolen from the states and the people?

Are you sick and tired of seemingly constant federal intrusion into every aspect of your life? If so, you are not alone, but the question is, other than outright treason, how did this happen to us?

So many of America’s God-given rights have been stolen, ignored or legislatively changed it would take a book to list them all. But the list must begin somewhere so let’s begin by examining our rights. As we proceed, please always keep two things in mind: first, the Constitution was written by our Founders to guarantee virtually unlimited rights, liberties and freedom for the people and second, at the same time putting chains on the central or federal government.

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The Ninth Amendment simply says: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

In plain English the Ninth Amendment acknowledges the first eight enumerated rights in the Bill of Rights, but also retains for the people all other rights not specifically mentioned or enumerated. The Ninth Amendment addresses a “great residuum” of rights that have not been “thrown into the hands of the government,” as Madison put it. http://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution

Tench Coxe, a member of the Continental Congress and later Assistant Secretary of the Treasury, compiled at least two lists of state and individual rights to illustrate the powers constitutionally denied to the federal government.

A partial list includes:

1. The federal government cannot appoint a judge, constitute a court, or in any other way interfere in determining offences against the criminal law of the states… Yet, in spite of that restriction the federal government maintains an extensive network of federal judicial districts and frequently brings criminal charges against state citizens.

2. The federal government cannot enact laws for the inspection of the produce of the country, a matter of the utmost importance to the commerce of the several states, and the honor of the whole… In my opinion, this makes the Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA) unconstitutional.

3. The federal government cannot interfere with the opening of rivers and canals (repeatedly violated by the U.S. Corps of Engineers); the making or regulation of roads, except post roads (why do we have a Department of Transportation?); … regulating the police of cities, towns or boroughs; executing the state laws; altering the criminal law (too many federal violations to list); nor can they do any other matter or thing appertaining to the internal affairs of any state, whether legislative, executive or judicial, civil or ecclesiastical (a classic example of overreaching federal authority is the denial of oil drilling permits in the Louisiana Gulf).

4. Each state can appoint every officer of its own militia, and can train the same, by which it will be sure of a powerful military support attached to, and even part of itself, wherein no citizen of any other state can be a private sentinel, much less have influence or command.

5. Every regulation relating to religion, or the property of religious bodies, must be made by the state governments, since no powers affecting those points are contained in the constitution. Let’s face it, the federal government, mainly through federal courts, has openly declared war on Christianity – in violation of the plain intent of the Constitution and the writings of several founders.

6. The federal government shall not regulate the law of descents [inheritance], and forbids the entail of landed estates, since these are exclusively in the power of the state legislatures … This shoots IRS regulations concerting death and inheritance taxes out of the saddle.

7. Any state may repel invasions or commence a war under emergent circumstances, without waiting for the consent of Congress. As I see it, this means that Arizona, Texas, New Mexico and California could legally send armed forces (state militia) to protect their borders against the illegal alien invasion. It would also mean the federal border patrols are illegal.

8. The states not only elect all their own officers, but they have a check, by their delegates to the Senate, on the appointment of all federal officers. The 17th Amendment stopped this extremely important check on federal power by allowing senators to be elected by the general population.

9. The states are to hold separate territorial rights, and the domestic jurisdiction thereof, exclusively of any interference of the federal government. The federal Bureau of Land Management controls millions of acres in the west due to illegal federal land grabs.

The Founders were virtually unanimously in agreement that the powers granted to the federal government by the Constitution are enumerated and few while the powers retained by the states and people are numerous.

Fortunately, the 10th enumerated right guaranteed in the Constitution can end nearly all federal abuse if only state legislative and executive bodies would enforce the amendment. The 10th Amendment says simply: “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 can be accomplished through the process of nullification.

Every state can always give its dissent to federal bills, as each has a vote in the Senate secured by the constitution. Hence it appears, that the state governments are not only intended to remain in force within their respective jurisdictions, but they are always to be known to, and have their voices, as states, in the federal councils.

County sheriffs also have enormous power to restrain the federal beast. It is time the states and sheriffs begin to use those latent powers and put an end to the expansion of the central government.

See also: Habeus Corpus and posse comitatus, safeguards of liberty, threatened by the federal government

 Can sheriffs save America?

One sheriff claims it is time for citizens to arm themselves

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