Tuesday, July 16, 2024

The South Carolina Sovereignty Act, and the States’ United Divorce from DC

The recent events at the Texas border and that state’s stand against the federal government is teaching an invaluable civics lesson to the millions of Americans with a newfound interest in finally paying attention.

This country is a constitutional republic at its soul, not a democracy.

You could have noticed, over the last four years, a trend of this type of thing, where states, ever so slowly, began acting in ways that opposed federal government overreach. Election laws are just one example. The kinetic activity at the Texas border simply provides a more scintillating example. And now southern brother South Carolina is working to enact the already-in-place Article VI of the US Constitution to reign in the completely out of control and tyrannical federal government.

With Texas as a convenient backdrop, South Carolina is working to divorce DC. So should every state.

In the South Carolina Sovereignty Act (H.3539) the eighth state of the Union is pushing for nullification through Article VI of the Constitution. Nullification is clearer and quicker than the precepts of Article V and Constitutional Convention–which I believe is the one we all learned in school, of course. It takes more time and red tape to pass.

Nullification, on the other hand, is where the states unilaterally refuse to implement unconstitutional laws, a precept generally supported by founding father James Madison. There are exceptions, of course, as even Madison admitted, but South Carolina is putting forth the action that supports Article VI and nullification over Article V and Constitutional Convention, illustrated here:

The bill is sponsored by Representative Josiah Magnuson (R-Campobello) and 22 other representatives. If enacted, the bill would create a process for nullifying not just unconstitutional federal laws going forward, but maybe more importantly, policies enacted after January 1, 2021.

That would be the entirety of Resident Go Brandon’s supposed term in office.

Read here for more details.

The South Carolina Sovereignty Act is firmly grounded in the text of the U.S. Constitution. In particular, Article VI states, “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.” Additionally, the 10th Amendment makes clear that all powers not granted by the Constitution to the federal government are reserved to the states and to the people.

Accordingly, any federal action that violates or contradicts the Constitution cannot be “made in Pursuance thereof” and, thus, is not “the supreme Law of the Land.” Unfortunately, in the last several decades, thousands of unconstitutional laws on the federal, state, and even local levels have been created and enforced.

The South Carolina Sovereignty Act follows and enforces both of these important constitutional provisions (Article VI and the 10th Amendment) by nullifying unconstitutional federal actions and by restoring state sovereignty. Additionally, exercising these powers is more important now than ever, considering the extent to which the federal government has overreached. If our leaders adhered consistently to the Constitution, 80% of the federal government would be declared unconstitutional, and the situation will likely get worse under the Biden administration.

It is exactly what this entire dramatic clash of narratives over the last four years, indeed almost nine years since Trump announced his candidacy and rode down the escalator, has been about. Trump said at his inauguration in 2017 that it was time to give the country and power back to the people, as the military mysteriously encircled him as he said it, and it is becoming clearer and clearer that the purpose of his first term, his four-year hiatus “away,” and his coming second term are all about doing just that.

Support for Trump was never about Trump, not exclusively. He is a symbol, a lightning rod, a wrecking ball paving the way for those who hope but never had a voice to believe in anything. It was always about states like Texas and South Carolina stepping up and actually fighting for the gift of freedom God gave us.

May everyone named directly or referenced indirectly ask forgiveness and do penance for their sins against America and God. I fight this information war in the spirit of justice and love for the innocent, but I have been reminded of the need for mercy and prayers for our enemies. I am a sinner in need of redemption as well after all, for my sins are many. In the words of Jesus Christ himself, Lord forgive us all, for we know not what we do.