States Rights, Self Government?
By Bill Ivy
The powers of self-government, that is, States Rights, protected under the US
Constitution’s 10th Amendment, are today just words placed upon paper. All “domestic
laws” passed by a state, are now subject to be challenged by the Federal Courts, for
their final approval to stand, be altered, or even abolished altogether, as a valid State law,
and Arizona’s recent battle for its domestic State Law is one such current example.
Where does this power of the Federal court have its point of origin to over-rule States
Rights of Self Government, under the 10th Amendment? A question that should be
addressed by South Carolina’s legislative body, the citizens of the state, all other
legislative bodies, and citizens of those states. An answer does exist, and must be
brought forth. Allow your mind to “understand” the following words, for in them is
the “How” Arizona’s law was destroyed.
“…it [The 14th Amendment] enlarges the judicial power of the United
States [Fed. Gov.] so as to bring every law passed by the state and every principle of
common law relating to life, liberty, or property, within the jurisdiction of the
Federal tribunals…” (Can we not remember Arizona, 2010?) “…Intended to
overthrow the system of self-government…”
New Jersey Resolution No.1, March 24th, 1868.
***Read this resolution on pages 501-02 (foot-notes), online at:
The legislative body of Kentucky rejected this amendment, during the ratification
procedures, on similar grounds stated in New Jersey’s Resolution. Note the closing
words of this recorded statement, that follows.
Governor Bramlette, before the State Legislature of Kentucky, 1867;
speaking on the proposed 14th Amendment; “The just balance of power between the state
and the federal government is sought to be destroyed and centralization of power to be
established in the federal government through Amendments to the Constitution, which
if successful, will destroy those rights reserved to the states and people (9th and 10th
Amendments), and which are essential to the preservation of free government.”
States Rights, self-government, once protected, guaranteed, under the authority of
the 10th Amendment, are at the mercy of the Federal Tribunals, but was this
amendment “lawfully adopted” by all the states of the Union, in accord with the
Constitution’s Artivle V, or was another method “outside the law” used concerning
some states? Unless the South Carolina State legislature, and citizens of the state, are
content with the court’s ruling over Arizona’s state law, then study and research this
amendment’s history is a solid requirement. What are our limits for preserving States
Rights, self-government, under the 10th Amendment? It’s Homework time NOW!
Louisiana; House Concurrent Resolution 208 (1967)
“Whereas the purported 14th Amendment was never lawfully adopted in
accordance with the requirements of the United States Constitution…”
Georgia; No. 45 (Senate Resolution No. 39) (1957)
“A memorial to Congress… to declare that the 14th and 15th
Amendments, to the constitution of the United States, were never validly
adopted and that they are null and void and of no effect.”
Utah; State v. Phillips, 540 P. 2d, 936, 941 Supreme Court of Utah, Sept. 15,
“I cannot believe that any court, in full possession of its faculties, could
honestly hold that the Amendment (14th) was properly approved and adopted.”