States Matter, Federalism Is The Answer

The vast majority of my posts are negative due to what I write about. It occurred to me that folks might get as sick of it as I am. This provides what I consider a positive message. This is my idea of a realistic cause for hope. We can do this and what follows outlines the history and explanation for the importance of our system of federalism.

For those who have read or listened to my posts in the past, know my view of federalism. The government that governs closest to you usually does the best. Our founders understood this and did their best to provide a federalist system in which the states would be sovereign over the national government.

In the original Treaty of Paris, that ended the revolutionary war, the Crown recognizes the sovereignty and nationhood of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, N Carolina, S Carolina, and Georgia.

These are all to be “free, sovereign, and independent states…” from the treaty itself. While the war was ended by a delegation representing the new congress, They represented the states they belonged to. They simply spoke for the confederation of independent states. This confederation was a pact of convenience and common defense. The “US” was not a nation with inferior components called states. It was the instrument the states erected to guard their safety and make commerce regular.

Virginia began as a business venture that went very poorly for many years before showing any promise. It was a coin flip for early settlers whether they would survive the first winter at all. Being mostly men, of let’s say grit, it was tough and probably not overly religious.

New England was totally different. This was a final stop for puritanical fanatics that actually annoyed the fanatical religious people of the time. After a stop in Holland, I believe, they decided the New World would be their only hope for a sin free life.

Pennsylvania was first populated by Quakers. These folks made the pilgrims look like pagans. The minor, from our perspective, differences between these two groups, led to laws governing their interactions. Even a law banning Pennsylvanians from Boston. Quakers would attend church naked and the puritans lost their shit. It finally led to death penalty sentences and at least one woman hanged. She was begged to just leave but she refused to, and demanded they follow through with the law. She swung from the gallows. 

The differences among the states were profound. They only really shared their English, or European roots. Fortunately English Common Law was happily adopted by all and seen as proper and fair. All of us today are familiar with this system. It’s the civil court system we know today. Common Law is one that requires a damaged party, a jury, and remedy decided on by said jury. No victimless crimes and victim centric punishment was inherently fair.

The old English Common Law is unrecognizable to today’s kangaroo courts. These so called justices cage people with like 95% of defendants never seeing a trial. Plea bargains with the outrageous threat of stacked charges for people daring to enter a, not guilty plea. Just say guilty and we’ll give you leniency. Force us to prove your guilt in a court of law, we might make your family codefendants. Disgusting.

The states all have their own history, tradition, and laws. It’s this great experiment that allows Americans to vote with their feet. No passport or permission. Just pull up and head to the state that most represents your interests. This is the diversity of strength. Choice among differing people who still share language, christianity, and common currency. Enough difference to provide a laboratory of democracy, and enough in common so that newcomers could fit right in.

Even though this state pride has largely evaporated, the system remains. It is still here and can be revived any time. At any time any state can choose to remove all federal employees, offices and property. The federal armories and forts could be commandeered by the states completely legally. The states have sold their citizens out in exchange for being federal punks. Each state has a constitution, state national guard, and most important, they have armories and militias.

The states need to stand up for their citizens and tell the feds to pound sand. The feds own some 40% of California. This just happens to be where all of the gold, silver, gas, and timber exist. This is totally unacceptable and has left Northern California completely unrepresented and devastated. For the last century the people of Nor-Cal have begged for their own state and still the state of Jefferson is a fantasy. 

So it should be easy to see the difference between Eureka and Malibu. State lines matter and they provide our last real check on the balance of power. We must empower the states to resume their original roles in this country. If relief is to come, it must come from the states.