Our Constitution which is the supreme law of the land, created a federal government of strictly limited, enumerated powers when it was ratified by the people’s delegates in their respective state conventions. These states were not created by the Constitution, because they already existed.
If there is a term that I wish would become a household word to be used again by every American in their daily political discussions, it would be the word “usurpation”.
Usurpation is the unauthorized, unlawful exercise of power. Whenever a person, department or branch of the government (federal, state, or local) usurps, they assume un-delegated powers and are therefore acting outside the law.
As part of this new constitutional contract between the people of the several states, their respective state governments and the federal government, the people of each state (as opposed to one American people as a whole), delegated a few, carefully chosen and defined powers to the new federal government. They did so with the understanding that these powers could be revoked if necessary. Furthermore, all the other powers which they did not loan to the federal government, they either retained for themselves or delegated back to their state governments.
Whenever the people who make up the federal government, either as individuals, as departments or as branches, exercise power not expressly delegated to them as specified in the Constitution, they are usurping the authority of either the states or the people. Why? Because as the 10th Amendment makes it clear:
“All 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.”
George Washington warned against the dangers of usurpation:
“If in the opinion of the People the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.”
“Nullification” is a state’s decision to render a particular federal law that it deems unconstitutional void and inoperative, or non-effective, within the boundaries of that state. It is a process which can unfold in a variety of ways. It may involve formal legislation, or it may not. I could include court battles, but not necessarily. Interposition by state and local officials, such as your state’s Attorney General or elected county sheriff might be required, but not always.
I’m very encouraged by what I call the “Great American Awakening” in the fact that there have been recent state laws that have been passed that use the nullification process in support of the Second Amendment. These laws are known as the Firearms Freedom Acts (FFA).
The law declares that firearms manufactured in the state, and which remain in the state, are exempt from United States federal firearms regulations, provided that these items are clearly stamped "Made in Montana" or what ever state it was made in, on a central metallic part. So far, Montana, Wyoming, South Dakota, Idaho, Utah, Tennessee and my favorite, Arizona have all passed the FFA. 19 other states have introduced FFA legislation and 4 more states say that they intend to.
This administration is usurping power that it does not rightfully wield in order to take more and more of your freedoms away. Just voting them out in November 2010 & 2012 isn’t enough. Each and every state must fully acknowledge that it is they who wield the real power, not the federal government. Until that time comes to pass, we are all living under despot rule without ever really knowing it. But I guarantee that our Founding Fathers would have realized it by now. It’s time to once again be “We the People” not “We the Sheeple”.
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