TAKING CHARGE

Taking Charge

 

Photographs of President Trump often include a portrait of Andrew Jackson in the background, looking over the current president’s shoulder. This is no accident. From the beginning, The Trump administration seems to have channeled Jackson as if he were a spiritual essence haunting the White House. Jackson’s tenure as president was marked by political turbulence and controversy. Perhaps his greatest contribution was to avoid a civil war and hold the union together over the concept of nullification. Breaching the previous understanding of the U. S. Constitution as the supreme law of the land, South Carolina declared the Tariffs of 1828 and 1832 null and void within that state’s boundaries. South Carolina viewed its rights as a state to be superior to those of the Federal Government on the grounds that states had the right to nullify federal laws within their own boundaries.

Although a southerner, Jackson, with authority granted from Congress signed the Force Bill in 1833, which authorized the president to collect the tariff. The concept of nullification slept for 28 years until the Civil War. There was a revival of the argument, that the states had formed a compact. The reason the states are called states has to do with the view that they retained a certain amount of sovereignty over their own existence and could ignore the federal government. The Confederate states argued that the rights granted the federal government were revocable. They paid the price in dead and generations of wasted human capital until the current modern era. Indeed, each state has an executive, judicial, and legislative branch in the same vein as the federal government. Jackson thwarted the effort of South Carolina to nullify the federal government tariff.

Today, we have a desperate left-wing in states again broadly trying to defeat a President by nullifying law. The Left has banded together to form a compact of their own. The National Public Vote law passed by many states requires that each state agreeing to the compact will honor the popular vote result even if it conflicts with the electoral college. President Trump beat Senator Hillary Clinton by winning the electoral vote although she polled about 3 million votes more. The Democrats are unhappy because they have been burned twice recently by this phenomenon. The last time it happened was when George Bush defeated Al Gore in a closely contested election. Before that, the last such circumstance was in 1888. The National Public Vote law may be illegal. But the courts will decide the next time there is a conflict between the two kinds of votes. Since Trump has appointed the last two Supreme Court justices, and there is a fairly solid Republican core of five usually reliable justices, it is unlikely the nine-person court will go for a coup and rule against the primacy of the electoral college.

Governors of the Left have been a little more successful at thwarting federal law by not providing information on illegal aliens and not turning over criminals in custody no matter how severe the crime. That story is not finished.

The most recent left-wing attempt to thwart the President has been the agreement among a group of states to go their own way in opening up their state quarantine orders. California, Oregon, Washington, Nevada, and Colorado have agreed among themselves that they will coordinate the stages reopening their states to education, commerce, and the usual routine business of people currently fettered by the orders of the state governors. Siting’s of large numbers of beach goers in California show that the people may decide for them. For his part, the president has ceded the operation of each state to the governors, although he still remains hands on regarding the administration of certain federal responsibilities.

Reopening the states have devolved into a partisan tool. Democrats are apparently willing to stop commerce in their states for the purpose of sabotaging the economy just enough so that Trump has difficulty getting re-elected. Trump, for his part, is intent on getting the economy going for just the opposite reason. Trump’s communicating ability with his supporters in arenas are threatened by a prolonged closure of close contact. That any leader in America would hurt people in this way for political gain shames the country. They are biting on what they see as a no-loose scenario. If Trump violates the states quarantine guidelines, they will say that Trump caused X amount of deaths, whatever the figure is at a given moment in time before the November election. If states remain closed and the economy does not rev up soon, they have the argument that it is Trumps fault, as they tie him, no matter how unfairly, to the COVID-19 pandemic of 2020. From here on in, it will be necessary to trust the American people with good judgment.

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