Monday, February 4, 2013

Utah's governor and federal tyranny

As I've written many times before, there is a paranoid move to impose even more gun laws on responsible Americans. As in other free States, most of Utah's sheriffs have stepped up to say they will not enforce illegal federal gun laws. The Utah State Legislature is working on legislation that would interpose between the people of Utah and unconstitutional federal gun laws.

On the other hand, Utah's Governor Gary Herbert is on record as not being willing to protect Utahans from unconstitutional federal laws.

I didn't vote for Governor Herbert because I've always thought he's too wishy-washy on the Constitution and Liberty. This is only one of several examples.

Article 6 of the US Constitution says, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land...."

" Pursuance thereof..." means that only laws which are constitutional are valid.

There is nothing anywhere in the US Constitution that authorizes the federal government to regulate arms in any way. Lacking that authority in the Constitution, the central government is therefor prohibited from regulating arms. Being unauthorized usurpation of power, ll federal gun regulations are illegal and unenforceable without the cooperation of corrupt or ignorant judges and cops.

The 10th Amendment to the US Constitution says, "The 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." In other words, if the Constitution doesn't specifically authorize the central government to do something (eg, regulate arms, Medicare, Social Security, ObamaCare, education, housing, food stamps, etc.) it must keep its hands off.

Governor Herbert took an oath to support and defend the US Constitution against all enemies, foreign and domestic. That includes federal enemies in Congress, federal courts, the Whitehouse, and federal bureaucracies. Utah elected him to not only run Utah's government, but to interpose between the people of Utah and federal tyranny. Governor Herbert has chosen to not protect his constituents against ObamaCare, gun laws, or any other federal overreach. Herbert is a coward.

But, it's not all his fault -- Utah needs smarter voters.

I consider the foundation of the Constitution as laid on this ground that 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.' To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, not longer susceptible of any definition. — Thomas Jefferson (Opinion on the Constitutionality of a National Bank, 15 Feb 1791)

[T]he several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes,--delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force....but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy. — Thomas Jefferson, 10 Nov 1798

The states, then, being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity that there can be no tribunal, above their authority, to decide, in the last resort, whether the compact made by them be violated; and consequently, that, as the parties to it, they must themselves decide, in the last resort, such questions as may be of sufficient magnitude to require their interposition. — James Madison’s Report on The Virginia Resolutions (1799-1800)

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which...concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. — James Madison, Federalist #45

If the federal government has the exclusive right to judge the extent of its own powers, warned the Kentucky and Virginia resolutions' authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power. — Thomas E. Woods

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