Where do we go from here? In a world where the constitution seems to have lost it’s power to restrain the Federal Government from constant encroachments on state sovereignties, it seems a daunting task to restore the proper balance. In this article, I intend to explore a fantasy of sorts and contrast it to the realities of the real world we live in.
The ideal solution to restore the Republic to its federal founding principles with a cooperative federal government and able state-governing bodies would be to have the state governments pass laws that mirror the offending (unconstitutional) laws on the federal books. Then the Federal Government would go about repealing these laws completely. After that step, the state governments could pass new legislation that either repeals or modifies the laws that were passed in order to mirror federal laws.
At this point, the only laws on the federal books would be for the strictly enumerated powers in Article1, Section 8 of the Constitution. It is at this point that the Federal Government could cut taxes by around 80% (an estimate of the percentage of the federal budget spent on unconstitutional activities). Among the programs that would be ended (at the federal level) would be Social Security, Medicaid, Medicare, food stamps, welfare, corporate welfare such as agricultural subsides, Fannie Mae, Freddie Mac, Sally Mae, tarp… you can finish the list, it is seemingly unending. All of these programs would be transitioned over to state control. No more electing our federal representatives to steal on our behalf. All forms of social welfare can be handled better at the state/locality level. It is also at this point where the state governments would have to raise taxes (though not as much) to cover these programs (or the ones they choose to continue). The reason that state taxes will not have to go up as much as federal taxes come down is due to not having to fund a huge bureaucracy in Washington D.C.
The previous scenario is all but impossible, I just chose to publish it to silence the critics who see me as a total anarchist who is opposed to any law and order at all. The arguments are not about if you are for legalizing drugs, or if you are for abortion, or if you are in favor of Social Security. The argument is who should perform these actions to maintain the maximum amount of overall liberty in America. I believe (and the framers of the Constitution agreed with me by the way) that those decisions belong as close to the voter as possible.
By structuring government in this way we ensure everyone is free to live in a state of liberty to their liking or to move somewhere better. Now lets get back to the real world and examine the real road before us. The 10th Amendment resolutions are a good start. The real next step probably needs to be a Federal Escrow Account. For those of you not familiar with this idea, a federal escrow is when the state intercepts the federal withholding taxes and holds them in escrow, they then distribute the money to the Federal Government on a quarterly basis. By doing this, the state cuts the strings that always come with federal dollars. The Federal Government can no longer withhold funding because the state chooses to exert its sovereignty. If the feds say you have to make your speed limits 55mph or we’ll pull your highway funding, the state just subtracts that from the escrow. The fund would be directed by the legislature of each state, and would be paid for by the interest earned on taxes collected.
The next steps are state dependant. Some may decide to make abortion illegal some may make heroin legal. Some will nullify federal firearms laws. But if enough states nullify enough unconstitutional laws, maybe in 15 or 20 years there will be a lot less graft in D.C. You see, restricting free speech in campaign finance laws just papers over the hole in the wall. The real problem is the amount of control the Federal Government exerts over the entire county. Without that carrot there would be very little point for the unions or oil companies to buy the President.
In the real world we are in for a generational struggle, this will not be quick, and it will not be easy, but if we value ours and our children’s futures, we must rise to the challenge. We must organize the masses and educate the people who are our natural allies. We must nullify conservative laws which violate the Constitution during liberal years, and nullify liberal laws which violate the Constitution during conservative years. Support candidates who are willing to stand by the constitution ,and oppose those who do not.
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