Good, thought provoking posts, MJ and Jonathan, thanks for sharing!
On Sat, Jan 22, 2011 at 10:57 PM, Jonathan Ashley <jonathanashleyii@lavabit.com> wrote:
If anyone is interested in reading, "New Views of the Constitution of the United States," it is available as a Portable Document Format File (PDF) at:
http://amgona.com/books/New%20Views%20of%20the%20Constitution%20of%20the%20United%20States.pdf
On 1/22/2011 12:44 PM, MJ wrote:
My Crystal Ball
Posted by Thomas Woods on January 22, 2011 09:21 AM
It's eerie, isn't it, how I manage to predict the future. From Nullification: "Nothing is more certain than the demonization of this worthy cause and those who support it. Even though they are following in the footsteps of eminent Americans, they will be portrayed as cranks with sinister motives. Note that our wise public servants are not portrayed as having sinister motives. From time to time they may make 'mistakes,' but their intentions are good and they seek only to serve us. Those who resist them, on the other hand, are wicked and perverse. They must be crushed. They must be smeared and made into objects of hatred. Government is supposed to grow, our wise public servants and their favored constituencies are supposed to enrich themselves, and the rest of us are supposed to sit back and take it. The natural right of Ivy Leaguers to try out their theories on the American public shall not be infringed."
Now that nullification is gaining a bit of traction, the left-nationalists who monitor the country for forbidden opinions are launching zombie attacks against me; I dealt with one last night. On Monday, the AP's follow-up story will join in. They assume, correctly I suppose, that since most Americans know nothing about this idea, and since it has not been approved for them by the official channels of opinion, it will be an easy thing to portray anyone who supports it as a sinister figure. What other kind of person would oppose both Joe Biden and Newt Gingrich? But the people in Idaho and elsewhere who are employing this mechanism have the arguments on their side, and we can hope they won't be dissuaded by attacks from people who will despise them no matter what they do.
re: My Crystal Ball
Posted by Thomas DiLorenzo on January 22, 2011 09:48 AM
Tom, you are of course right about the "Supremacy Clause" of the Constitution. Contrary to what some of your dumber critics say, the founders did not totally destroy federalism and states' rights by making the central government "supreme" in all matters when they wrote the Constitution. (I've been lectured to by dozens of similarly uneducated Lincoln cultists on this topic, who seem to think the "supremacy clause" permits the government in Washington to even murder its own citizens by the hundreds of thousands if they resist its dictates).
In 1823 John Taylor wrote an excellent book on the Constitution entitled New Views of the Constitution of the United States ( reprinted by The Lawbook Exchange, Union, NJ, in 2002). Referring to the published notes on the constitutional convention taken by New York Chief Justice Robert Yates, Taylor wrote (p. 78) that: "the expression in the constitution, 'shall be the supreme law of the land,' is restricted by its limitations and reservation, and did not convey any species of supremacy to the governments, going beyond the powers delegated or those reserved." He refers, of course, to the delegated powers in Article 1, Section 8. The central government was "supreme" in that regard, but the Tenth Amendment, which Jefferson considered to be the keystone of the entire document, reserved all other powers to the people and the states. This would include nullification and secession since, as Article 7 proves, the people of the states were sovereign.
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