Georgia needs to pursue all available options for enforcing State’s Rights, as guaranteed by the 10th Amendment

By Dawn Forbes (Golden Isles Tea Party, GA) [as submitted to the legislators in Atlanta]

We are here today to remind our government who the government belongs to – it belongs to “We the People.” This building (Georgia Capitol) houses our last defense against the Federal Power grab that is happening in Washington. They need to know that we will support them as they move to protect our state.

There are several options open to the great state of Georgia, and we should pursue them all. State Senator Judson Hill has proposed a Georgia Constitutional Amendment that will protect Health Care Freedom of Choice in Georgia. Also, we need to urge Attorney General Thurbert Baker to join with at least 13 other states to sue over the “Nebraska Compromise.” http://news.yahoo.com/s/ap/20091231/ap_on_re_us/us_health_care_deal_states We’ve sent a letter to the Attorney General requesting this action, signed by 22 Tea Party and 9/12 Groups from across Georgia. As of yet, there has been no reply from his office. [UPDATE 1/28/10: Nelson has since removed this deal off of the table and has suggested that all states receive the same deal.]


But, possibly our best and strongest weapon could be nullification. Nullification is where a state says that a Federal law is null and void within that state because it is outside of Federal jurisdiction. This process has been used to return power to the states on issues from Firearm Freedom Laws to Medical Marijuana Laws. Montana and Tennessee have both nullified Federal Gun laws in their states for firearms that are not involved in interstate commerce, and 15 other states have introduced the legislation. Also, 15 States have nullified Real ID, including Georgia – with 20 more introducing legislation, and 13 states have laws regarding the use of Medical Marijuana which effectively nullifies Federal Marijuana laws. (Check www.tenthamendmentcenter.com for full information.) Nullification is a powerful tool that can allow each state to control its own destiny - both conservative and liberal states. The Federal government is NOT the supreme law of the land – the US Constitution is! DC cannot be allowed to step outside the guidelines of the U.S. constitution. Alexander Hamilton said “"No legislative act contrary to the Constitution can be valid.” And, Thomas Jefferson said, "The true theory of our Constitution is surely the wisest and best, that the States are independent as to everything within themselves, and united as to everything respecting foreign affairs. Let the General Government be reduced to foreign concerns only, and let our affairs be disentangled from those of all other nations, except as to commerce, which the merchants will manage the better, the more they are left free to manage for themselves, and our General Government may be reduced to a very simple organization, and a very inexpensive one; a few plain duties to be performed by a few servants."

We must encourage our state government to fight for State’s Rights and, more importantly, the individual’s rights as guaranteed in the US Constitution, as we work to return our government back to “We the People.”