Letter to editor

State governments were never intended to be branch offices of the federal government

What if the president of the United States, decided that any man could use any women’s bathroom or shower, and that any woman could use any men’s bathroom or shower.  Could he really do that?!

In the United States, to avoid having dictatorships, we have separation of powers and we have checks and balances.  These ideas permeate the constitutions.

Sometimes, we hear people speak of *the* constitution.  Actually, in each of the 50 states, there are two constitutions, 1) The U.S. Constitution, which is for the whole country, and 2) the state constitution, which is for each state.

The U.S. Constitution, and the state constitution, are the supreme laws of a state.  It’s the constitutions that enable laws to be made.  Even the president is supposed to obey the constitutions and obey the statutes that are made, according to the constitutions.

Article 6, Section 1 of the U.S. Constitution provides that federal law is supreme over state laws, when there is a conflict between federal law and state law.  We have to keep in mind that the 9th and 10th Amendments, of the U.S. Constitution, reserve any power not given to the federal government, to the People and to the states, respectively.

So, the federal government wasn’t intended to alway be supreme.

There is another part of the U.S. Constitution that was created so that our U.S. Constitution would not get outdated.  This part of the U.S. Constitution is called “Article 5”.  Article 5 specifies how the U.S. Constitution can be amended, or changed.

The U.S. Constitution was remarkable for its time, but has been amended 27 times, counting the first 10 amendments which are the Bill of Rights.  Other amendments 1) freed the slaves, and 2) gave women the right to vote and hold public office, which are some of the good amendments.

There are two ways that amendments to the U.S. Constitution can be proposed, 1) proposed by the Congress, or 2) proposed by the states.  To date, all 27 amendments have been proposed by the Congress.

It’s the 16th Amendment which gives the federal government the power to tax income.  Many people believe that the 16th Amendment was a mistake.  Look at the monstrosity that is the federal income tax laws.

Not only are federal income tax laws a monstrosity, federal tax laws, allows the federal government to tax the people and the companies of the states.  Then, the federal government uses its money to *blackmail* the state governments into being subordinate to the federal government.

What can we do about federal overreach?

* There’s court, but federal courts are part of federal overreach, they’re part of the problem.

* There’s Article Five Convention of states to propose amendments to the U.S. Constitution

I’m working for Article Five Conventions.  It’s strong medicine, but it’s the only solution as big as the problem.

Things to google for:

* Article Five

* Article Five Convention

* Convention of States Project

* Countermand Amendment

* Texas Plan

* Utah State Legislature

 “State governments were never intended to be branch offices of the federal government.” — Governor Mike Leavitt

—Kaydell Leavitt

kaydell@yahoo.com



There are 21 comments

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  1. Roger Kramer

    And the problem is BIG: USA Gross Domestic Product for 2015 = $17.95 Trillion. Today’s Gross Outstanding Federal Debt = $19.5 Trillion. Spendthrift Democrats and Republicans refuse to stop wasting taxpayer $. Need to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress. Join in supporting Convention of the States! http://www.cosaction.com/

  2. Michael Alexander

    This is exactly how the Founders designed our system to work! Never forget that the States came together in 1787 to create the federal government… they can come together again today, under the auspices of Article V, and repair the damage that time and activist revisionism have done to the system that they created.

    As close to perfection as our new structure of self-governance was, even the Framers knew that situations would arise over time where there would be the need for an amendment procedure, as happened almost immediately with the Bill of Rights, as has happened an additional 17 times since. Each of these times, however, the amendment process was initiated by Congress, and the proposed amendments were successfully ratified by the required ¾ of the States.

    The main point of discussion here is that Article V provides for TWO methods of proposing amendments, with the second method being proposal by the States. The threshold for ratification is the same for the States as it is for Congress… any amendment proposed by the States must be independently ratified by ¾ of the States in order for it to become part of the Supreme Law of the Land.

    The stated reason that the Founders gave for providing this second method of proposing amendments by the States was to provide an alternative for the people in the States in the very likely event that the new centralized government would grow and amass enough power to put it beyond the reach of the people, and that Congress would then either fail or refuse to propose the amendments needed to redress the imbalance.

    There is little argument that such a day has come. All one needs to do is look to the national debt, or to unpopular and undeclared wars, or to overly burdensome regulation, or to congressional careerism, to see the need for change, for effective intervention. Logic and history tell us that Congress will never address these issues until and unless forced to do so, and under our form of federalism, the only peaceful and legal means to do so is through the constitutional amendment process.

    Some will argue that the Tenth Amendment, secession, or nullification is the answer, a state-by-state refusal to adhere to what each state views as improper or unconstitutional acts by the federal government. Besides being an impossibly time-consuming and ineffective patchwork of questionably legal legislation, nullification was proven by the Civil War to only work when the federal government permits it to work. In other words, nullification is really just tacitly sanctioned insubordination… something that a master might allow of a slave… and only for a while. That is not a solution, and it’s no way for freemen to live. The Tenth Amendment establishes a principle, but it does not provide a process nor a remedy… that missing piece is found in Article V.

  3. Donald J. Sutton

    Are you happy with the Federal Government controlling access to public restrooms?

    “Freedom is messy. In free societies, people will fall through the cracks–drink too much, eat too much, buy unaffordable homes, fail to make prudent provision for health care, and much else. But the price of being relieved of all those tiresome choices by a benign paternal government is far too high. Big Government is the small option: it’s the guarantee of smaller freedom, smaller homes, smaller cars, smaller opportunities, smaller lives.”
    ― Mark Steyn, After America: Get Ready for Armageddon

    The Federal Government is out of control. America is 20 Trillion dollars in debt. It has 200 Trillion dollars in unfunded liabilities. Congress has surrendered the power of the purse. The Judiciary views the Constitution as an anachronistic historical document. We at conventionofstates.com have a solution as big as the problem. Check us out.

    http://www.cosaction.com/?recruiter_id=246073

  4. Brent Dunklau

    The states are actually the parents of the federal govt. It was the states that created the federal govt. The 17th amendment kind of upended that relationship to what we have now. Many people believe the 17th amendment should be repealed so that state legislatures would once again have a voice in the federal govt.

    And it should be pointed out that our Constitution never would have been ratified if senators were to be popularly elected.

    An amendment to repeal to the 17th is just one possibility that could be debated when the states finally meet in convention under Article V. Not sure exactly when that will happen, but it will happen, because everyone now knows the federal govt is incapable and unwilling to reform itself.

    http://www.conventionofstates.com

  5. Robyn Campbell

    The Convention of States gives the power back to the people through their states. WHY wouldn’t anyone want that? It isn’t hard to understand at all. The federal government has grown so massive that they get lost in their regulatory system, in their trillions in debt, in their scheming and connivance (there are no checks and balances). Sign the petition at http://www.conventionofstates.com/ and sign up to volunteer at http://www.cosaction.com/?recruiter_id=898217

  6. Carol Menges

    A Convention of States must be called to limit the abuses of power and jurisdiction of the federal government. Major abuses have effectively caused four crises:

    1. a spending and debt crisis which, even if the federal government confiscated everything owned by all private citizens, it wouldn’t cover the debt;
    2. a regulatory crisis in which executive branch agencies regulate with no accountability;
    3. a state sovereignty crisis caused by congressional grants to states that attach mandates, turning state legislatures into mere regional agencies of congress;
    4. federal takeover of decision making on every level, including state and local.

    Liberty requires strict adherence to the principle that power is limited and is constitutionally delegated. Liberty is not a partisan issue. Washington, D.C., will never relinquish power regardless of the results of coming elections. Today it’s too big an issue to be completely resolved by elections, too entangled in the daily affairs of everyday people.

    Without the intervention of a Convention of States convened for the purpose of reigning in these abuses, the enormously overreaching federal government will continue to bankrupt our nation, embezzle the legitimate authority of the states, and destroy our liberty. http://www.constitutionofstates.com/handbook

  7. cliff wilkin

    The Founders unanimously provided Article V option for the states to balance the federal government’s overreach. More than 400 such state applications have been filed over the years including the first couple that led to the bill of rights. As with all amendments to the constitution 38 states (both houses) are required for ratification. This is an enormously protective requirement that has only been reached 27 or so times. The COS Project application has already been passed by 7 states and 20 or more state houses. This application is limited to 3 areas: (a) Impose fiscal restraints on the Federal Government. (b) Limit the power and jurisdiction of the Federal Government. (c) Limit the terms of office for federal officials and members of Congress. Please sign E-Petition. Takes less than 20 seconds. http://www.cosaction.com/?recr… This will encourage your local state rep to become more involved in States’ rights.

  8. GaryRTN

    What remedy do we have when the Supreme Court interprets the Constitution in a manner that is historically incorrect, thus legitimizing federal actions that transgress the principle of enumerated powers and intrude upon the powers reserved to the states and the people under the Tenth Amendment? The answer lies in Article V. We amend the Constitution to clarify the meaning of the clauses that have been perverted. We assert our authority to close up the loopholes that the Supreme Court has opened. In their wisdom, the drafters of the Constitution provided us with a remedy for abuses of federal power that are left unchecked by the federal judiciary. It is time for us to apply that remedy by invoking Article V’s procedure to call for a Convention of the States to propose amendments that will restore the original meaning of the Constitution. Visit here to learn more, sign the petition, and sign up to volunteer:
    http://www.cosaction.com/?recruiter_id=1351201

    This effort is active in all 50 states. Please learn more and join the liberty loving volunteers in this amazing grassroots movement.

  9. Donna Dover

    I met Gov. Abbott at the Texas Republican Convention last week, at a book signing. When I mentioned my interest in the Article V convention he said there’s no greater defender of the Constitution than the states. I hope more governors step up like he has.

  10. Shannon Barker

    I’ve read the responsibilities/powers of the president in the U S Constitution. No where in it did I see anything about bathrooms or overtime. Overreach has gotten ridiculously out of control. There had never been a better time for an Article V Convention of States!

  11. Gary Z

    An Article V amending convention is the single most important thing we can be pushing for right now. As important as the upcoming election, this movement of “we the people” is our last, best chance to save our Republic. Check out http://www.conventionofstates.com

  12. rick amundson

    Very good article. The states and the people need to take back their power from the feds because feds are not going to voluntarily relinquish their stranglehold over the states and their citizens. That is our task and it needs to begin from the grassroots.
    I believe Article V convention of states is only viable option to accomplish this goal. The good news is that there is such a grassroots group organized in all 50 states. If interested in becoming a part of this growing movement go to http://www.conventionofstates.com and browse around for a while

  13. George Gregorich

    The convention of the states in my eyes needs to happen . Year in year out every one complains about the over reaching federal government and do nothing . It really dose not matter who we elect its always the same . We must once and for all set an example to our elected officials that enough is enough . It wont be easy , it wont be fast but it will be worth it . Please learn more at http://www.conventionofstates.com/

  14. Bill McDowell

    Our federal government has overstepped its authority. The overreach by both the executive branch and the legislative branch had been supported by decisions made by the courts. Convention Of States has an article V application that will allow delegates to propose amendments to rein in all three branches of the federal government.
    To sign the petition, volunteer, or just to get more information visit http://www.conventionofstates.com

  15. Bill Kuendig

    I too am a supporter of a Convention of States to address the encroachment of the federal government into areas that rightfully belong to the states. There is no doubt the process will be challenging but we get more reason to take this approach practically on a daily basis thanks to the overstepping of bounds by our representatives in Washington and their continued efforts to bankrupt this nation. If you are not yet a supporter, I urge you to research the efforts of the Convention of States Project.

  16. Cindy for Liberty

    As this article points out, if the founders, through the states created the federal govt-there is no reasonable way to think that they wouldn’t have also created a way for the states to keep that control-and they did. Article V of the constitution is the method they devised for just this purpose since the fundamental question they had on the minds was “Who decides?” In light of the the Revolutionary War they had just fought they equipped us with the tool to be sure that would always be the case.

  17. dinaehl

    All the comments are excellent and I too support Convention of States.
    This federal government has become too powerful and overreaching.


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