The death of the states. – Tea Party Nation

The death of the states. – Tea Party Nation.

Posted by Judson Phillips

The United States started out as an unusual experiment.  When America was a young nation, people referred to it as, “These United States,” not the United States.

 Now we are seeing a radical change in the United States.  This is certainly not a change for the better.   What is this change and why is it so bad?

 The change we are seeing is the death of the individual state.

 Our founding fathers envisioned a union of states with a weak national government and stronger state governments.   There were certain things that a national government would be required to do, such as regulate trade (the Constitution is very explicit about this) and provide for the common defense.

 One of the greatest quotes about the individual states came from then Supreme Court Justice Louis Brandeis who called the states, “The laboratories of democracy.”

 Brandeis’ idea was simple.  The states were sovereign and could compete with each other for the best ideas. 

 Today, the laboratory of democracy is closed.  Today, the sovereignty of individual states is dying.  The only question is when will the actual death occur.

 State sovereignty has been on the wane for decades.  As the power of the Federal Government grew, the power of state governments diminished.  At first this was slow and gradual.  Much of it was done voluntarily, as states gave up their rights in exchange for federal tax dollars. 

 On Monday, the Supreme Court decided the case of Arizona v. the United States and five unelected people in little black dresses gave the deathblow to state sovereignty.

 Antonin Scalia writing his dissent said that.  He wrote that the majority’s decision, “deprives States of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign’s territory people who have no right to be there. Neither the Constitution itself nor even any law passed by Congress supports this result.”

 Today, state lines are becoming little more than antiquated lines on a map.  Pretty soon, the only power a state will have is the ability to make license plates. 

 Lawyers often say bad cases make bad law.  Arizona was a bad case.   Arizona had no choice but to bring its lawsuit.   We can lay the blame for this one right at the feet of Barack Obama and the Party of Treason.

 However, when we talk about assaults on state sovereignty, the Party of Treason is not alone in this.  Many of the big government expansions that have eroded state sovereignty have occurred under Republican Presidents. 

 If the Republicans are successful in taking the White House and the Senate (they will keep the House), then we will see the next incarnation of attacks on state sovereignty. 

 That will come in the form of Federal Tort Reform.   Some Republicans want to impose Federal Tort Reform on all of the states. 

 Many people have a knee jerk reaction to tort reform.  Oh, we don’t like the trial lawyers.  We don’t like lawyers, period.  Let’s hurt the lawyers.

 Since 1787, states have regulated state courts.  Since 1787, states have regulated licensed professionals in those states including doctors, lawyers and others.  In Federal Court, unless there is a lawsuit governed by a specific federal statute, state law controls the federal courts.  Lawyers cannot be admitted to practice before federal courts until they are admitted before the highest court of one of the states.

 To allow the Federal Government to impose tort reform on the states wipes out some of the last vestiges of state sovereignty, namely the ability to make its own laws.

 State sovereignty has always been the bulwark against they tyranny of a massive federal government.  Our founding fathers knew that.   That is why they purposefully made the Federal Government weak. 

 In the last century, citizens have stood by and watched as the Federal Government grew at the expense of the state government.  As the power of the Federal Government grew, the freedom of the citizen diminished. 

 As of Monday, state sovereignty is pretty much dead.  The only question now is when do we start calling our nation The United State of America?

John Boehner: The worst Speaker ever? – Tea Party Nation

John Boehner

John Boehner (Photo credit: Gage Skidmore)

John Boehner: The worst Speaker ever? – Tea Party Nation.

Posted by Judson Phillips

Is there any doubt that John Boehner is the worst Speaker of the House of Representatives ever?  Under his leadership, spending has gone up dramatically.  Instead of cutting spending as he was put in power to do, he has contributed to even more red ink.  Under his leadership, there has been no meaningful attempt to repeal Obamacare

 Now he is doing something else that only solidifies his position as the worst Speaker ever.

 What is it?

 John Boehner has decided to advance a Medical Malpractice bill to the floor of the House as a part of a deal to repeal the Independent Payment Advisory Board.  This Board is part of Obamacare and exists allegedly to cut the costs of Medicare.

 Medical Malpractice is not one of the sexy issues people get involved in such as spending.  A lot of conservatives take a look at the issue of Federal Medical Malpractice laws and say screw it; this only benefits the trial lawyers.

 Wrong!

 The Med Mal bill that John Boehner is going to allow to go forward to the floor of the House effectively limits non-economic damages to $250,000 and limits attorney’s fees.

 Here is a quick question.

 Can someone show me in the Constitution where such a concept is allowed?

 The laws regarding Torts, lawsuits and attorneys’ fees are regulated by the States. In other words, the States govern all attorney licensing and fee regulation.  They have since 1789.   If you sue someone in Federal Court for a Tort, such as Medical Malpractice, the Federal Rules of Procedure may control the case, but the laws that govern the case are state laws enacted by the state legislature.

 If the Federal government can simply impose these laws on states, it has the net effect of erasing the states.  The Tenth Amendment will become null and void.

 As a practical matter, the primary beneficiary of this law is the American Medical Association.   You remember the AMA.  They were one of the leading voices behind Obamacare.   Why are the Republicans rewarding the AMA?

 The AMA is like John Boehner.  The AMA could not find the Constitution, if it knew where to look and even if it found the Constitution, it could not understand it. 

 The Med Mal legislation is as unconstitutional as Obamacare is.  Perhaps that is why the AMA likes it so much.

 If the Federal government can reach down and tell states how tort law must be handled, and tell lawyers what their fees can be, what will stop them from telling doctors what their fees can be? Or for that matter what about plumbers or any other occupation?

 If the Federal government can tell people in a profession how much they can charge, how much of a stretch is it before the Federal government starts regulating how many people can enter a profession?

 Sort of sounds like our old friend, the former U.S.S.R. doesn’t it?

 In short, this is a huge overreach by the federal government.

 Does anyone remember the text from the Declaration of Independence?  Among other things, the Declaration says, “He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.”  This line could easily be written about the Federal Government today.

 So much of what the Congress and the Federal Government does is blatantly unconstitutional.  This is one more overreach.

 We must stop this Congress from reaching beyond the limits of the Constitution and imposing laws from Washington that our founding fathers never intended them to enact and never intended for them to have the power to enact.

 Call your Congressman this upcoming week and tell him or her that Federal Medical Malpractice is unconstitutional.  Tell them to follow the Constitution and vote against this bill that is as unconstitutional as Obamacare!

Why do we need the States? – Tea Party Nation

Why do we need the States? – Tea Party Nation.

Posted by Judson Phillips

Why do we need the States?  Does that sound like the dumbest question of the day?  Actually it is not.  There is a good reason to start asking this question and we should pay attention to the answer.

 

What is the answer?

 

Forget the answer for a moment.  Why the question?

 

The reason for the question is simple.  It is the ever-increasing encroachment by the Federal Government on the rights and prerogatives of the States. 

 

When our founding fathers set up the Constitution, they set up parallel governments.  The states were not simply departments of the Federal Government, but they were their own independent entities, with powers separate and apart from that of the Federal Government. 

 

The states existed as a bulwark against a massive and encroaching central government.    In the beginning that worked just fine.

 

Now, in the 21st Century, the idea of Federalism is dying.  We are letting it die and in its place we are watching the creation of the massive and overpowering central government our founders feared.

 

We are watching the creation of something akin to monarchy, which is what they fought against.  Granted it is more of a temporary monarchy as the leader of the nation only holds office for four or eight years, but it is still a problem.

 

If the Federal Government can impose healthcare on the states, a mandate to buy insurance, Tort reform or any number of other dictates that come from Washington, why do we even have states anymore?

 

If Washington can impose its will on the states like that, then states are little more than lines on a map. 

 

Supreme Court Justice Louis Brandeis got it right when he called the states the laboratories of democracy. 

 

The states, at least some of them, stand as one of our most important lines of defense in the battle against the usurpation of power by Washington and the slow, steady and deliberate crushing of liberty in America.

 

Some of the fights we stand for get a lot of attention.  Our fight against Obamacare was important.  Some of our fights do not get the attention they deserve.  We stand against tort reform because if Congress can tell the states how to run their courts, something that has been the exclusive province of the states since the creation of the Republic, then there is no point in having states.

 

If the Federal Government can impose socialist health care on the states or tort reform, then States no longer exist as anything more than lines on a map.

 

If the Federal Government can do these things, State governments will be a footnote in history, along with other things we no longer have in the nation, right alongside freedom and liberty.

Houston Congresswoman Sheila Jackson – Dumb As A Bag Of Hammers! (via THE ROYCROFT REPORT)

Remember Sheila Jackson Lee, the incredibly dumb congresswoman from Houston? She has found a way to turn the deficit negotiations into a racial issue. Wow, what a surprise! This is also the same idiot Congresswoman from the Houston area – home to NASA – who thought that our astronauts had planted an American flag …… on Mars. Take a look at some of what she had to say on the floor of the House last week .. “I am particularly sensitive to the fact … Read More

via THE ROYCROFT REPORT

Follow

Get every new post delivered to your Inbox.

Join 4,099 other followers