From the November 2003 Idaho Observer:
Assume the Interposition Now!
by Hari Heath
Throughout history there have been many interpositions. Is it time for another? Simply defined in a common dictionary, an interposition is an intervention, interference or an interruption.
As a judicial doctrine, interposition occurs when a state intercedes against an unconstitutional federal action. This rarely happens anymore, and it's long overdue.
The Fourth Edition of Black's Law Dictionary defines interposition as the doctrine that a state, in the exercise of its sovereignty, may reject a mandate of the federal government deemed to be unconstitutional or to exceed the powers delegated to the federal government. The doctrine denies constitutional obligations of states to respect Supreme Court decisions with which they do not agree. Bush v. Orleans Parish Sch. Bd. D. C. La. 188 F. Supp. 916.
The concept is based on the 10th Amendment of the Constitution of the United States reserving to the states powers not delegated to the United States. Historically the doctrine emanated from Chisholm v. Georgia, 2 Dallas 419.
Implementation of the doctrine may be peaceable, as by resolution, remonstrance or legislation, or may proceed ultimately to nullification, with forcible resistance.
The Constitution does contemplate and provide for the contingency of adverse state interpostion or legislation to annul or defeat the execution of national laws. In re Charge to Grand Jury, Fed case No. 18,274 [2 Spr. 292.
The Tenth Amendment declares, The 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. So what powers does the Constitution delegate to the feds?
Depending on how one counts the various delegated powers there are about 25 or 30 subjects upon which the federal government is authorized to exercise its authority. They are found primarily in Article One, Section Eight, with a few other powers scattered in other sections of the Constitution. Additionally, the Constitution gives the federal government the power to form and operate the executive, legislative and judicial branches of government. Period!
Agriculture, Arbitration, Highways, Intoxicating Liquors, Labor, Mineral Lands and Mining, Railroads, Telephones, Telegraphs and Radio Telegraphs, and Transportation are all Titles of U.S. Code that are not among the subjects upon which the federal government is authorized to exercise its authority.
Similarly, the powers assumed in Title 12, Banks and Banking are a far stretch from the power to regulate commerce with foreign nations, and among the several states.. The Supreme Court has stated that regulating commerce among the states means between state lines and not within a state. And there certainly is no delegated power to charter a private monopolistic cartel of bankers like the Federal Reserve System to which we are indentured today.
Education, Food and Drugs, Hospitals and Asylums, and The Public Health and Welfare are Code titles which might be construed as authorized by the power to provide for the ... general welfare. But considering the extensive regulatory and entitlement programs these titles have spawned, do they bear any resemblance to the original intent of the nation's founders?
Title 32 creates a National Guard in the absence of any such authority to do so, while the constitutionally mandated organizing, arming and disciplining the militia is wholly ignored.
Public Lands is a U. S. Code Title subject, yet the only lands the federal government can own under the authority of the Constitution are the District of Columbia, forts, magazines, arsenals, dockyards and other needful buildings. Military installations are not public lands.
And then there are those laws which are not merely enacted without authority; they clearly violate the Constitution. The National Firearms Act of 1934 and the Gun Control Act of 1968 make a mockery of the Second Amendment's mandate, ... shall not be infringed. And the USA PATRIOT Act defies nearly every provision in the Bill of Rights.
As a judicial doctrine, interposition is interpreted as a right of the states. But it's also a right of the people. Based on the Tenth Amendment, it is a power ... reserved to the states respectively, or to the people. There are many cases of the people conducting an interposition when necessity required it.
An ancient example is the story of William Wallace of Braveheart fame. The English King Edward, much like our federal government, was behaving as an unbearable tyrant. The Scottish Lords, like our modern day states, were complicit in the tyranny, so Wallace and the common people rose up in rebellion. They defeated the King -- at least temporarily. And, if we can believe the Hollywood version, Wallace even killed a few of the Scottish Lords who betrayed the people. William Wallace led the Scottish people in an interposition against the King that attempted to proceed ultimately to nullification, with forcible resistance.
An American interposition
The American Revolution was another interposition. Again, an English tyrant imposed his will upon a remote part of his kingdom, the American colonies. After much petitioning and remonstrance from the colonists was ignored and their resolutions and legislation was vetoed by the King and his governors, the colonists proceeded ultimately to nullification, with forcible resistance.
Interposition southern style
When the southern states walked out of Congress in secession from the federal supremacists of the north, we had another attempted interposition. The southern states were attempting to hold the federal government to the constraints of the Constitution, while the northern states were attempting to impose taxes and controls that exceeded the authority of the Federal Constitution. But the War of Northern Aggression, often misnamed as the Civil War, caused that interposition to fail. We now find ourselves in a condition of involuntary servitude by federal slavery.
President Lincoln began the constitutional betrayal with Lincoln's War and his use of the Executive order to recreate a federal government after it was dissolved by the southern secession. His greenbacks began a debt-based paper economy.
Federal domination of the states and the unconstitutional federal intervention in all areas of the people's lives has become the norm ever since.
Presidents rule by Executive Order, an unconstitutional form of legislation. An unimaginable and unknown quantity of federal agencies dictate every aspect of life and commerce by promulgating unconstitutional regulations.
Congress now legislates on any subject without regard to the limitations imposed by the Constitution. The corporate and financial interests control the election process and have the ear of Congress, who obliges their commands.
We now have lawless, unaccountable federal courts whose officers dictate according to their whims of power and a criminal justice system that is more criminal than the criminals they prosecute.
Mock terrorism keeps us in fear and allegiance to the facade of government. Our military is not kept at home to defend us, but sent hither to the corners of the earth to make enemies. They make the world safe for the petrodollar (The Idaho Observer, Oct., 2003), provide reconstruction contracts for the fed-regime cronies like Halliburton and strong-arm the world into submission. Constitutionally authorized?
A current interposition
One of the latest interpositions are the many state and local resolutions and ordinances which seek to prohibit the implementation of the USA PATRIOT Act and reaffirm the Bill of Rights.
These are admirable efforts, usually instigated by a grassroots citizen effort, but who will enforce these ordinances and resolutions? Our state and local police forces which receive federal funding?
Interposing the judiciary
Have you had enough of judicial tyranny? The Idaho Judicial Accountability Act (IJAA) is currently filed and petitions are circulating to place it on the ballot in 2004. This interposition is a legislative one by the initiative process.
If successful, it will create a citizen commission to review complaints of judicial misconduct. The commission will decide whether judges have violated the Constitution or laws. If they have, they will be sent to further civil or criminal proceedings.
Once judges know they will be held accountable and must follow the Constitution and laws, the rest of government can begin to be reigned in.
Get active and assume the interposition. Visit www.ijaa.net or call 208-773-6274 to find out how. Start a chapter or working group to circulate petitions and get this interposition on the ballot.
The human problem
The human problem is simple and repeatedly results in our current condition: Good people are only willing to do good things to try and stop bad people. Bad people are quite capable of enduring all the good things good people do to try and stop them. And bad people are quite willing to do bad things in order to get whatever they want. Good people are not willing to do the bad things that are necessary to stop bad people from doing bad things to them. So bad people end up ruling over good people who only do good things to try and stop them. This will remain a fact of life until good people are willing to do the bad things that are necessary to stop bad people.
With rare exception, no amount of civil efforts by dedicated citizens will amount to success against governmental power brokers who are dedicated to maintaining their power at all costs and by any means. They have planned their contingencies and have mechanisms in place to thwart every good effort to stop them. The unfortunate truth, as history has shown, is that they will only be stopped when they are dead.
The right of interposition
The people have the right of interposition under the Tenth Amendment which may be peaceable, but the Second Amendment affirms how an interposition can be applied when necessary with forcible resistance. Are the people brave enough to become free again?
It's up to you
The people is you. The state is not interested in interpositioning on your behalf. It has vested itself with the federal powers. And it's very unlikely that your neighbor will stand up for your Rights. He probably doesn't even know what his are. Get active. Be creative. Use your God-given intelligence and American ingenuity. Interposition is up to you. Interposition may be peaceable, as by resolution, remonstrance or legislation, or may proceed ultimately to nullification, with forcible resistance. Assume the interposition now!
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It may be better to live under the robber barons than under omnipotent moral busybodies. The robber barons' cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.