The Supreme Court is hearing argument on the Affordability Care Act now. If upheld, it will place the burden of this act upon the states, not just
the individual. Whether or not the statistics on savings or costs to the states are up for debate, the states (and its people) will be financially
affected. Many of the working class will be unhappy. The states will not wish to have the Federal Government applying its will over the authority of
the states. In reading the Federalist Papers, it appears the Framers, were adamant that specific powers were granted to the Federal Government and
enumerated in the Constitution. Those that were not specifically mentioned were reserved to the states.
The ACA was premised on the Commerce Clause Article 1, Section 8, Clause 3, of the Constitution which “empowers Congress "to regulate Commerce with
foreign Nations, and among several States…." Over the history of this clause, the Supreme Court has expanded Federal Regulation of almost every
aspect to the states (and individuals) in one way or the other. The history can be found here:
The 10th Amendment states powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people. With the expansion of the 14th Amendment centralizing government authority in Washington, would the passage of
this bill give complete and absolute control of the Federal Government over the states? Whether or not this is good or bad depends on whether one is
a Federalist (powers distributed among the states) or Anti-Federalist (power is centralized in one authority.) The issue then, is who controls the
Federal Government? The danger is that the Federal Government can become uncontrollable. Whether it has reached that stage yet depends upon
one’s point of view.
26 states are now arguing against the Constitutionality of the ACA. If the Supreme Court decides the ACA is constitutional what remedy do the states
have? According to my count, that is more than half of the United States (depending on who is counting the states.) If all were to threaten to
secede, what would happen to this country? Would these states be willing to secede? Could it be stopped?
There are only two ways the Federal Government could counter secession.
One would be financial sanctions against the states but then the Federal Government would not have the normal income if the states refused to pay.
That may not work.
The other would be with military troops. However, our military could not be stretched through 26 states so that would mean invasion of only the
Capital of those 26 states and a takeover by the Federal Government. Could they achieve any sort of success by replacing the governments of those
states and do they even have the Constitutional power to do so? Who would they replace them with? As with any military coupe, the military would
then run the government of that particular jurisdiction.
I am not proposing secession but I do see the possibility of it happening. We believe in a democratic form of government but then there is always the
danger of tyranny of the majority. That is why we were established as a Constitutional Republic. (Sometimes they don’t teach that in schools.)
I am not proposing or even sanctioning secession but I do see the dangers of it happening. Does anyone else see the dangers?
edit on 27-3-2012 by Nite_wing because: (no reason given)