Category Archives: Federalism

Mark Levin Trashes Secession But Looks To The States For Salvation

Conservatism, Constitution, Federalism, Liberty, States' Rights

For the umpteenth time, conservative radio talker Mark Levin got unhinged today over the quintessentially American ideas of state nullification and secession. “Neo-confederates” is Levin’s latest pejorative for patriots who think that these Jeffersonian principles are the last hope for freedom.

To reclaim the republic, Levin and his listeners look to the states and their role in the amendment process, as stipulated in Article V of the Constitution. Never mind that the states, contrary to the mistaken predictions and hopes of the Constitution makers, have never initiated a constitutional amendment; and never mind that even in the event that the states demand a constitutional convention, there is no mechanism to compel Congress to act.

The great constitutional scholar James McClellan was no “neo-confederate.” Yet even an ardent defender of the Constitution as McClellan conceded that, sadly, “the Framers relied on the good faith of Congress for the observance of the requirement” and that “there was no way to force Congress to act.” (“Liberty, Order, And Justice: An Introduction to the Constitutional Principles of American Government,” p. 310.)

Levin and his listeners are deluded if they think that from the “free” states—all four of them (New Hampshire, Colorado, South Dakota and Alaska)—will come our salvation. The legislatures of two-thirds of the states have to unite to call on Congress to hold a national Constitutional convention for the purpose of amending the dead-letter Constitution.

UPDATED: Will Mark Levin Ever Diss Militarism and Majoritarianism (As Facets of Statism)?

Constitution, Democracy, Federalism, Founding Fathers, libertarianism, Liberty, Military, Neoconservatism, States' Rights

Mark Levin is right about the need to repeal the 17th Amendment. Libertarians have long since argued in favor of senators once again being elected by the respective state legislatures, as was the original intent of the Framers.

However, about eight minutes into Mr. Levin’s segment with Sean Hannity, I heard the radio host emphasize only the idea of term limits vis-a-vis the Senate, when he should have also been dissing the idea of democracy. Were not America’s constitution makers trying to put in place a scheme that would forestall unfettered democracy?

Was this not the purpose of an upper House elected by state legislatures, and not by the people at large as the 17th Amendment decreed?

I imagine there is no place for curbing militarism in the grand scheme of Mr. Levin’s new book.

Neoconservatives do not consider the military-industrial-complex a branch of Leviathan. However, militarism and majoritarianism are facets of statism.

UPDATE: From “Independence And The Declaration of Secession”:

“While Mark Levin, the radio man lauded by his Republican adherents as “The Great One,” has denounced the secessionists among us (check), McClellan (a real scholar) seconded the Declaration’s secessionist impetus. …”

Holder Messes With Texas Because … He Can

Barack Obama, Federalism, Law, Racism, States' Rights

This administration is obliterating what’s left of the federal scheme: Attorney General Eric Holder’s Justice Department is moving against the states and end-running the Courts, first in the Zimmerman case and now with respect to the Supreme Court’s decision regarding election rules in Texas.

Apoplectic over the high court’s weakening of laws that privilege protected groups , Holder, reports Fox News, “asked a San Antonio-based federal court to force Texas to get permission from the federal government before it can make any additional changes to its voting and election laws.”

Other than Fox News, the news and cable networks appear not to be reporting this.

The administration has a tradition to uphold. In 2010, The Hildebeest herself announced the intention of the Obama Administration to sue Arizona and Gov. Jan Brewer for insisting it had a right to pass Arizona’s immigration-enforcement law, SB 1070.

Breaking: Obama Promises Further Federal Incursion Into States For ‘Trayvon’

Barack Obama, Conflict, Crime, Federalism, Race

The president saw fit to intervene for the second time on the side of a party in a legal matter that has, to date, been resolved in the country’s courts. Whereas his first divisive comments, last year, saw President Obama identify with Trayvon as the son he might have had; Obama moved closer, this time: “Trayvon could have been me 35 years ago,” he said.

Obama praised the grieving parents of the late Trayvon Martin, which was understandable, but chose to intone about the specter of growing up with the sense that his presence, as a black man, elicited fear. By the way, even baby Obama crawling into a room ought to have made the company present clutch purses, for here was a baby who would go on to preside over an unparalleled explosion in the USA’s national debt ($17 trillion, and counting).

I will credit the president (of only a segment of the country) for mentioning the rationale behind the frailties of those “racists” who allegedly feared him: The black male’s propensity for violent crime. Black men are responsible for a disproportionate percentage of violent crime. Obama, for the first time ever, stated this brute reality—although he proceeded to blame The System rather than the many individuals who brutalize other human beings. (“Sticks and stones,” right?)

But then Obama is no methodological individualist, now is he?

“From financial aid (for foreign students) to an affirmative-action placement in Harvard Law School, Barry Soetoro is a Frankenstein of the state’s creation. If not for government, Obama would have never managed to write himself into history. As a product of the state, Barry Soetoro sees it as the source of all possibilities.” Obama thus promised to follow with a federal fix by way of even more federal incursion into the States.

Note: Not one kind word did Obama offer to six remarkable women: the jury that adjudicated—and agonized over—the State of Florida Vs. George Zimmerman.

As I said, this is a factional president.