‘Decentralization for Freedom’ by Dr. Donald W. Livingston

August 30, 2009
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For the first time in 144 years State interposition (Madison) and State nullification and secession (Jefferson) have entered public discourse as remedies to usurpations by the central government of rights reserved to the sovereign people of the States by the Constitution. Since Americans are not in the habit of exercising these policy options, it is worthwhile to ask just what State legislators and governors can do to protect their citizens from usurpations by the central government.

First, they can begin by passing resolutions (as a number have done), declaring in no uncertain terms that all powers not delegated to the central government nor prohibited to the States by the Constitution are reserved by them; and that the States themselves have the authority to judge what is reserved and what is delegated–Supreme Court case law notwithstanding.

To deny this is to say that the central government can define the limits of its own power which flatly contradicts the Constitution’s language of State delegated and reserved powers.

… More (Author: Dr. Donald W. Livingston  Source: tenthamendmentcenter.com  Date: 08.27.2009)

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