Congressman Paul repeatedly asserts that the Constitution lists the powers that the federal government is to have and then states that all other powers not listed are relegated to the states. In the other items that discuss Congressman Paul's views, you will find that he discusses the following issues should be handled at the state level as defined by the constitution and specifically the tenth amendment.
In addition to constantly addressing these and other items from a tenth amendment standpoint, Congressman Paul has responded to talks of secession by the states by noting that it is the last resort of states whose sovereignty is over-ridden by an overreaching federal government, and that the federal government has only itself to blame for this talk.
Congressman Paul has also addressed the possibility that states may seek to nullify federal law in areas where the federal government is not allowed to enact legislation.
Secession and State's Rights
In March of 2009 Congressman Paul used his "Texas Talk" address to discuss comments made by Governor Perry concernign the right of a state to leave the union.
The Ultimate States' Right
Last week the governor of Texas ignited a media firestorm for his remarks involving the idea of secession. He did not call for Texas to secede from the United States. He merely pointed out that the federal government was treading heavily on the sovereignty of the states and that this can not continue indefinitely without a breaking point.
The reaction to Governor Perry’s statements has been nothing short of hysterical. He has been called treasonous for making this obvious point and opening up a discussion. I am not calling for secession either, however there is nothing wrong with a healthy and open discussion of this issue.
America was born from an act of secession. When King George’s rule trampled on the rights of the colonies, we successfully seceded from England. It took a war, but we were well within our rights. We applauded when former soviet states seceded from the USSR and declared their sovereignty. And hopefully the United States will eventually secede from the United Nations. We pay most of the bills of the UN, yet do not have the commensurate votes, so someday we will wake up and realize that membership, for these and other reasons, does not serve our interests.
On a personal level, contracts you enter into can be terminated if one side unilaterally changes the terms. If a credit card company jacks up your interest rate, you have every right to fulfill your obligations and close the account. Imagine if you were forced to stay with a credit card company forever no matter what just because you previously signed up! The principle of self-determination applies to political unions as well. In the cases I mentioned above, governing organizations transformed into much more overbearing entities than originally agreed upon. Several state constitutions originally had clauses explicitly allowing them to opt out of the Union down the road if they so chose. I doubt our country would have ever come together if this were not the case. Just because the north successfully kept the union together by force with the Civil War does not mean that enslaving the states is a legitimate alternative.
Secession is the last resort of states whose sovereignty is over-ridden by an overreaching federal government. The federal government has only itself to blame for this talk. Recently, some states have enacted laws allowing for the medicinal use of marijuana, yet these laws are basically voided by the continuing raids by the DEA, sanctioned by the administration. The federal government is also strong-arming states with stimulus money, forcing them to expand programs they know they will not be able to afford in the future, at a time when many states’ budgets are already in the red. This is not a new problem. No Child Left Behind burdened the states’ education systems and forced them through many hoops designed by federal bureaucrats in distant Washington DC rather than allowing communities to tailor education to their children’s unique needs. There are numerous other examples of the erosion of state sovereignty and many governors are frustrated, not just ours in Texas. Without the right to secede, state’s rights are meaningless.
A republican form of government should also be as close to the people as possible, which means the decisions of local governing bodies must be respected. Where the decisions of local governments are disregarded, the voice of the people is also disregarded. The more that happens, the more frustrated and angry the people will become.
Nullification
In January of 2010, Congressman Paul spoke at a rally and discussed individual liberty, freedom, and at one point he discussed nullification.
There's not much attention paid to the Constitution in Washington. There's not much attention paid to it by our executive branch of government. And we don't get much protection from our courts. So one thing that might finally happen from this if the people finally feel so frustrated that they can't get the results out of Washington -- They're going to start thinking about options. They might start thinking about nullification and a few things like that.
Fox News / Google Debate
On September of 2011, Congressman Paul participated in the Fox News / Google debate. He is asked about the overgrowth of the federal government and he states that he would veto any legilsation that violates the tenth amendment.
QUESTION: If you're elected president how do you plan to restore the 10th amendment, hold the federal government only to those enumerated powers in the Constitution and allow states to govern themselves?
(END VIDEO CLIP)
WALLACE: Congressman what is your answer for Brandy and Michael?
REP. RON PAUL, R-TEXAS: Well obviously, it would take more than one individual, but the responsibility of the president would be to veto every single bill that violates the 10th amendment. That would be the solution.
(APPLAUSE)
WALLACE: Anything else? You have a little time left.
(LAUGHTER)
PAUL: Well, I'll tell you what, that is the subject that is crucial because government is too big in Washington, D.C. It's run away. We have no controls of spending, taxes, regulations, no control in the Federal Reserve printing money. So if we want government, whether it is medical care or whatever, it is proper to do it at the local level as well as our schools. But there's no authority in the constitution to do so much what we're doing. There's no authority for them to run our schools, no authority to control our economy, and no authority to control us as individuals on what we do with our personal lives!
Authorizes a designated state official to file with the head of a federal agency proposing a rule, during the period when the proposed rule is required to be open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment. Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief is filed; (2) to post prominently on the agency's primary Web page a link to the brief within 10 days after such brief is filed; and (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the front page of the agency's website, unless the agency determines it will not put the proposed rule into effect. Authorizes a state official who decides to challenge a federal rule on the grounds that it violates the Tenth Amendment to elect to file a legal action in U.S. district court for the district in which the official's place of business is located. Directs the relevant U.S. Court of Appeals, at the request of a designated state official, to grant expedited review of a decision by a district court in such a case.
