| | Walter Williams' short column provides a clear view of the constitutional relationship between the states and the federal government. He also shows how the foundation of this relation has a moral stature logically derived from the very nature of an agreement, "As demonstrated by the ratification documents of New York, Rhode Island and Virginia, they made it explicit that if the federal government perverted the delegated rights, they had the right to resume those rights. In fact, when the Union was being formed, where the states created the federal government, every state thought they had a right to secede otherwise there would not have been a Union."
And, "Our Constitution represents a compact between the states and the federal government. As with any compact, one party does not have a monopoly over its interpretation, nor can one party change it without the consent of the other. Additionally, no one has a moral obligation to obey unconstitutional laws."
He discusses secession, but he also discusses another option: state governments declaring certain federal laws to be without constitutional authority, hence null and void and simply refuse to enforce them. With the force of the tenth amendment, the threat of secession, the moral power that comes of reminding all that agreements must be honored we stand in a stronger place as we decide how to pursue just ends while juggling practical consequences in a world where there will be prices to pay with any decision (the greatest price being no decsision).
|
|
The People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will.
