States to become referees of feds' constitutionality

Friday, February 18, 2011

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REBELLION IN AMERICA
WorldNetDaily Exclusive

New proposal would let committees review legislation for nullification

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By Bob Unruh

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Two states have introduced legislative plans that would set up standing commissions whose members would be tasked with reviewing "all existing federal statutes, mandates, and executive orders" to determine their constitutionality, then recommending to lawmakers whether that state should "nullify" any federal law or regulation "that is outside the scope of the powers delegated … to the federal government."

And 28 more states are considering the move. Sometimes there have been inquiries from lawmakers, sometimes the requests for information and help have come from the governors' offices.

It's a huge leap beyond what already has developed among the states whose officials are telling Washington to back off on individual issues ranging from state marijuana laws, National Guard control, and the imposition of Obamacare, the nationalized health care program.

Already introduced in Montana and Arizona, the legislation is from The Patriots Union, a Wyoming-based organization that is taking in hand the battle against what it considers an overreaching federal government.

In Arizona, the bill already has been approved 5-2 in committee, and it now is headed up the ladder in the state legislature.

"Our view is we must save the states first, in order to save this nation. So that's where we focus," spokesman JB Williams told WND in an e-mail about the program.

Barbara Ketay, head of the organization's Constitutional Justice Division, was integral in researching and drafting the proposal, which was distributed to members of state legislatures where it now either has been introduced or is being developed.

She told WND her proposed legislation has options for states to describe the size and composition – or even designation – of their commissions. But the focus is the rights of the states which, according to the U.S. Constitution, includes everything not specifically assigned to the federal government.

"This is not anything new," she told WND. "We just reiterated the power that the states have always had."

But she said over the past 70 or 80 years, the "federal government has been encroaching on the [rights and responsibilities] of the states."

Bills such as those to nullify Obamacare or federal firearms rules are all fine, she noted. But this is a "broad sweeping bill" that will cover almost any dispute that a state would have with the federal government, she said.

Potential to address issues

"This bill has the potential" to address a large number of issues, she said. "States have to realize they are sovereign. They have a compact with the federal government. The federal government was established to serve at the pleasure of the states."

Full story HERE