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Palin’s Parting Shot

Matt Ross | July 23, 2009 | 0 Comments

Be it resolved that the Alaska State Legislature hereby claims sovereignty for the state under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.

Be it further resolved that this resolution serves as Notice and Demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.

Alaska House Joint Resolution 27

Alaska has become one of the latest states to pass a resolution asserting it’s sovereignty under the Constitution. While these resolutions do not carry the force of law, the state’s intent is simple-to convey to the federal government that the intrusions into their rights are resented, and will be resisted.

What are the grounds for this resentment? The sources are many. One of the more recent intrusions is the porkulus, which required states accepting unemployment money to change their laws and expand eligibility for benefits. Then, when the porkulus money runs out, said states would likely have to raise taxes to make up the shortfall created by the expanded benefits. These tax increases, ironically, would cause more unemployment! This seems to be the pattern of federal intrusion into state affairs. The states are told to change or create legislation, alter regulations, or otherwise align their internal workings to suite the federal agenda of the moment. Unfortunately, should the state resist and attempt to assert their rights, the federal government threatens to cut off funding, or other political favors to enforce compliance. This is nothing short of extortion, “Do like the Don wants or something unpleasant might happen. Unpleasant, yeah, that’s it.” Sadly, this works in most cases, as state and local governments have become increasingly dependent on federal funding and support to meet the wants of their populations.

In spite of the extortion of the federal government, more and more states have begun to resist this trend. As I have discussed here, Arizona has exempted themselves from the “ObamaCare” plan, if it passes, Montana has narrowly exempted themselves from federal gun laws. But why? Why do this? The answer is as simple as the Tenth Amendment, that reads:

“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.”

One would think that this is simple. If it’s not in the Constitution, the fed can’t do it, right? Well, tell that to Washington DC, because they seem to have forgotten this.

The Tenth Amendment is born out of a concept known as federalism, for the uninitiated, here is a description of Federalism:

The U.S. Constitution establishes a government based on “federalism,” or the sharing of power between the national, and state (and local) governments. Our power-sharing form of government is the opposite of “centralized” governments, such as those in England and France, under which national government maintains total power.

While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution’s 6th Amendment.

Under the U.S. Constitution, both the national and state governments are granted certain exclusive powers and share other powers.

Exclusive Powers of the National Government

Under the Constitution, powers reserved to the national government include:

Print money (bills and coins)

Declare war

Establish an army and navy

Enter into treaties with foreign governments

Regulate commerce between states and international trade

Establish post offices and issue postage

Make laws necessary to enforce the Constitution

Exclusive Powers of State Governments

Powers reserved to state governments include:

Establish local governments

Issue licenses (driver, hunting, marriage, etc.)

Regulate intrastate (within the state) commerce

Conduct elections

Ratify amendments to the U.S. Constitution

Provide for public health and safety

Exercise powers neither delegated to the national government or prohibited from the states by the U.S.

Constitution (For example, setting legal drinking and smoking ages.)

Obviously, the concept of federalism balances powers and responsibilities among the different entities. This poses a problem for the left. Theirs is a politics of centralized control. Whether it be Heath Care, mandates to states, education, mandating land use, using environmental regulations to put farmers out of business, and a litany of others, the left seeks to manage and control human life in the name of “fairness.” Federalism, as envisioned by the founders, is a stumbling block, and it therefore must be first watered down, then removed.

My take? We the people need to keep the Fed in it’s Constitutionally defined role. If we are to remain a free people, and if this nation is to remain a Constitutional Republic, we have to elect leaders that will shrink government, not grow it. When government grows, we are less free, and the results are waste, failure, and contempt. So, kudos are due for Palin’s parting shot. May there be many more.

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.

One would think that this is simple. If it’s not in the Constitution, the fed can’t do it, right? Well, tell that to Washington DC, because they seem to have forgotten this.

The Tenth Amendment is born out of a concept known as federalism, for the uninitiated, here is a description of Federalism:

The U.S. Constitution establishes a government based on “federalism,” or the sharing of power between the national, and state (and local) governments. Our power-sharing form of government is the opposite of “centralized” governments, such as those in England and France, under which national government maintains total power.

While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution’s 6th Amendment.

Under the U.S. Constitution, both the national and state governments are granted certain exclusive powers and share other powers.

Exclusive Powers of the National Government

Under the Constitution, powers reserved to the national government include:

Print money (bills and coins)

Declare war

Establish an army and navy

Enter into treaties with foreign governments

Regulate commerce between states and international trade

Establish post offices and issue postage

Make laws necessary to enforce the Constitution

Exclusive Powers of State Governments

Powers reserved to state governments include:

Establish local governments

Issue licenses (driver, hunting, marriage, etc.)

Regulate intrastate (within the state) commerce

Conduct elections

Ratify amendments to the U.S. Constitution

Provide for public health and safety

Exercise powers neither delegated to the national government or prohibited from the states by the U.S.

Constitution (For example, setting legal drinking and smoking ages.)