In Federalist 45, James Madison wrestled with the balance of governing authority given to the federal government and the sovereignty of the states. This was an ongoing issue the delegates to the 1787 Philadelphia Convention debated. We had separated ourselves from the tyrannical control of King George III to be an independent nation. The last thing anyone wanted was to form a new government that placed us under a new tyranny. Hamilton framed the issues in his opening sentence.
“Having shown that no one of the powers transferred to the federal government is unnecessary or improper, the next question to be considered is, whether the whole mass of them will be dangerous to the portion of authority left in the several States.”
The government established by the Articles of Confederation had proven unworkable domestically and internationally. The loose confederation of states produced trade and taxing disputes that had brought New York and New Jersey to the brink of an armed conflict. Not having a unified force to defend our country left us vulnerable to foreign attack. Commerce was affected because an individual state had insufficient leverage to negotiate treaties with countries like Great Britain or France.
“But if the Union, as has been shown, be essential to the security of the people of America against foreign danger; if it be essential to their security against contentions and wars among the different States; if it be essential to guard them against those violent and oppressive factions which embitter the blessings of liberty…"
The Declaration of Independence asserted that the federal government derived “their just powers from the consent of the governed.” This was the mindset the delegates applied to the principles of federalism to strike the proper balance of governing authority between the federal government and the states. The wording of the Declaration of Independence provided the foundation of state sovereignty in numerous areas including the convention of states process.
“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.”
This statement of principle summarizes the distribution of power between the federal government and the states. The Framers desired a strong central government with few, defined powers.
Border security is one of those enumerated powers. We recently have seen states step up to act where the federal government has abdicated its responsibility in this area. In fact, more than a year after Governor Greg Abbott declared an invasion, he deployed the Texas National Guard and Texas Rangers to the Texas/Mexico border. It’s a governor’s responsibility to protect the citizens of their state and their private property. This is part of the residual, sovereign authority given to the states. And according to reports, several states emboldened by Texas’ actions, have sent National Guard troops to reinforce the border. Missouri recently became the fifteenth state to provide support.
The Biden Administration has responded by suing the state of Texas stating border enforcement is a federal responsibility. That’s true. Yet as shown above, each state has the obligation to act where it can in areas where the federal government fails to do so. The order from the Court was that the federal government could remove the razor wire Texas deployed. The Court order was silent on Texas’ ability to replace the wire after it was removed, which was exactly what Texas did.
The federal government said, “Texas, you cannot do this. If you do, we'll take action against you.” Texas responded, “Let’s find out.” (This brings up the fact that the Courts cannot enforce their opinions. These opinions must be enforced by a separate authority – a topic for a later blog.)
This dispute is a national issue. It’s clear by now the Biden Administration has made a deliberate decision to permit the invasion of our country. Even deep blue states like Illinois and New York have called out the Administration for their malfeasance. After New York City Mayor Eric Adams became more vocal of the Biden Administration’s lack of border enforcement, the FBI paid one of his close aides a visit and raided his home. Any opposition to government tyranny becomes its enemy.
So, what is the answer?
We are a nation of political will. The Constitution and our laws are simply “parchment barriers” unless they are defended and enforced. State legislatures have the obligation to act. Many are.
To date, 19 states have passed our Article V application to reign in the federal government. Our application is active in 26 states this session. We have received committee hearings in states like Idaho for the first time. We’ve passed out of committees in red states like Iowa and deep-blue states like Massachusetts. This is significant progress. We must get to final passage in at least 34 states to call for a convention of states meeting.
Being a Passed State, Missouri has an obligation to lead and act. We have several Calls to Action active now to support our state teams’ actions to pass our resolution in their state. These initiatives do not come from our National Organization. These actions are requested by each individual state team. State teams work with National to craft activities specific to their situation. Other states provide additional support for our brothers and sisters in those states
We are not a nation of laws and we never have been. We are a nation of political will and always will be.– Steve Deace (Convention of States Action National Endorser)
Make no mistake. WE HAVE THE ABILITY TO ACT AND SAVE OUR REPUBLIC. We always have. Our state legislatures have an obligation to exert their constitutional authority to act where the federal government refuses to fulfill its Constitutional responsibilities and to oversee the federal government. It’s up to YOU to do what you can to provide the grassroots encouragement to move our state government to act. Go to Convention of States Take Action Page to get involved in the largest grassroots movement our nation has ever seen!
In liberty,
Brett
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