By Tom Glass
Texans know that the federal government is constantly violating the Constitution, and are looking for workable solution.
Sadly our governor, while acknowledging that the supreme law is being violated, has proposed two solutions unlikely to work — federal lawsuits and changing the Constitution. Governor Abbott is currently focused on changing the supreme law (the Constitution) because it is being violated.
If you are wondering why the elites who have deliberately violated the current supreme law of our land would follow a changed Constitution, you are not alone. Neither are you alone if you think that enforcement is the proper and workable solution to lawbreaking. Everybody knows that enforcement is a prerequisite to change.
Even the Governor has begun to implicitly admit this. He said in a February 14, 2017 appearance on the Glenn Beck show:
[T]here is a problem with the way [the Tenth Amendment] is written. It doesn’t specifically say who gets to enforce the Tenth Amendment. All we want to do is add a clause or a sentence that says “States have the power to enforce the Tenth Amendment.”
But this statement by the governor displays a fundamental misunderstanding of the powers of Texas in the structure of the Constitution and of the text of the Tenth Amendment. And if it is already constitutional for a state to enforce the Constitution, it undercuts the entire argument for constitutional change. Change to allow enforcement is not needed – only enforcement is.
The Tenth Amendment says, “The powers not delegated to the United States by the Constitution . . . are reserved to the States respectively, or to the people.” Since the power to enforce the Constitution is nowhere delegated to the federal government in the Constitution, states respectively (that is any individual state unilaterally) has that power. Since the power to be the final arbiter of constitutional meaning is not delegated by the Constitution to the federal government, that power is reserved to Texas unilaterally (or to any other state that understands what it is to be and act like a sovereign.)
The root of our problem is that the Supreme Court long ago created the doctrine that it was the final arbiter of constitutional meaning. The Constitution does not say that. As a former law professor of mine used to say, “They were just making it up!” But the governor has not realized that it is the notion of judicial supremacy that has to be rejected for us to restore our liberty.
Representative Cecil Bell has introduced the Texas Sovereignty Act (HB 2338) to enforce the Constitution. Senator Brandon Creighton filed the companion SB 2015. It creates a standing Texas legislative committee that will issue opinions declaring acts of the federal government unconstitutional, stating reasoning based on the text and structure of the Constitution and the intent of the framers instead of previous Supreme Court opinions. Once the full legislature and the governor agree, Texas lawmen and prosecutors will use the Texas Official Oppression Act to arrest and prosecute federal agents who persist in the unconstitutional action. That Official Oppression act makes it a crime for a public official to knowingly violate the rights of Texans.
Enforcement is the direct, immediate, and constitutional solution to the problem. A convention to produce a changed Constitution is the Rube Goldberg solution that will take at least a decade for any step forward; that relies on non-Texans to get our liberty back; and, that could break down at many places along the way. If you want a limited, constitutional government in Texas, support enforcement and the Texas Sovereignty Act.
Tom G Glass is the founder of the Texas Constitutional Enforcement group on Facebook.
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