Monday, May 11, 2009

The Demise of State Legislatures

President Eisenhower introduced the Inter-State Highway program in the 1950’s under the guise of national security. It was positioned as a necessary and vital means to move men and arms in the event of war.

There was no other constitutional justification for the federal government to seize and nationalize property within the states.

How things have changed. Today, the right of the federal government to regulate inter-state commerce has been extended and broadened beyond recognition of its initial intent.

This clause in the Constitution was initially intended to prevent states from erecting trade barriers at their borders. The clause guaranteed people and goods could travel from state to state without tariffs and other taxes and regulations hindering the flow.

The concept was revolutionary and brilliant. It eventually guaranteed the free flow of goods and services between fifty, independent states. Arguably, it was the lynchpin that cemented the fiercely independent states into a national economic powerhouse.

For decades the federal government has gnawed away at the states’ independence and their right of self-determination by expanding the original intent of the Commerce clause. Broadening its scope has allowed the federal government to micro-mange our lives by claiming its right to control all goods, services and communications that move between states.

Proponents of expanded federal reach see “protecting the environment” as the ultimate tool for controlling every aspect of our lives. It’s the perfect umbrella to legitimize the federal power to define the boundaries of an acceptable lifestyle.

The power to regulate commerce has also seeped into morality and religious expression. Combined with the power of the Internal Revenue Service, the federal government concocts, manipulates and punishes individuals by prescribing and enforcing acceptable behavior.

Federal law has made it a greater crime to inflict physical and mental harm on a minority or homosexual or transgender person than the identical crime against a six year old white child. Set aside the absurdity of this convoluted thinking and concentrate on where the federal government gets the power to enact such laws.

The US Constitution doesn’t grant the federal government the power to make or enforce such decisions. Yet, it has steadily encroached upon our freedoms because Americans have traditionally trusted the courts to protect us from government overreach.

Of course, the courts are now used to justify and create rights and justify congress’ ambitions. Too many judges are simply legislators who happen to wear black robes. And the mainstream media has forsaken its duty to inform citizens of the government’s power grab.

Until, and unless, the state governments unite to protect the rights granted them in the US Constitution, their existence as lawmakers will soon become moot.

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