Oregon's Refusal To Protect The Rights Of Her Citizens – Sad But Foreseen

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I came across this article on Oregon Politico http://theoregonpolitico.com/blog/2010/06/23/kroger-requests-permission-to-submit-amicus-brief-on-health-care-reform/ .  The on-going legal battles between the federal and the state governments over Obamacare’s passage provide constant amusement as the state governments default to begging from the Federal Government – to limit the Federal Government’s power. The state of Oregon has taken a different track.  This state has actually started begging the government to continue in its trajectory toward Nationalization and to diminish their own role in government!  Maybe the role of ‘protector of the liberties of their citizens’ is too much for Salem? Perhaps sovereignty is too much responsibility to entrust to the current crop of office holders in Salem.

Though it is a sad state of affairs, it is ultimately not necessary that Salem ever sees the light. It’s important to remember that “nullification” is usually not unanimous. When the Virginia and Kentucky resolves were adopted, no states followed up and passed their own resolves. This fact has led many to the conclusion that the precedent was rejected by the rest of the states, but this could not be further from the truth.  Some states even passed resolutions rejecting the whole idea of interposition, but those same states passed their own interpositions in the years to follow. Issues such as the Fugitive Slave Act, central banking (The First Bank of the United States), the Draft, and many more, were nullified by the very states that were challenging the “Spirit of 98,” as nullification was referred to.  Nullification does not need to be unanimous, it just needs to be done with courage by the state governments who try.

Ultimately, the lawsuits are doomed to failure (as begging the Federal Government to limit their own power goes against human nature).  Yes, the Supreme Court is part of the Federal Government, and if they are the body charged with limiting the power of the Federal Govt. it is no wonder the Federal Govt. is seen by those in Congress as having unlimited power.  As Nancy Pelosi said when asked where the authority to take over health care came from in the Constitution… “Are you serious?”  She thought it was a joke!  The only way of restoring principles of federalism to this government (that holds any chance of success) is nullification, but the lawsuits are refreshing to see at any rate.

After a few years of true federalism, many more states will start exercising their sovereignty and protecting their citizens’ rights, then the Constitution will have regained its enforcement mechanism. Until then I will continue my fight within Oregon to awaken the people and government to their role within a federalist system.

In Liberty,
Tim Reeves
Tim Reeves is the State Chapter Coordinator for the Oregon Tenth Amendment Center.

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