Thomas Jefferson, the principal author of the American declaration of independence, once said:
“Indiana can’t block Medicaid funds for Planned Parenthood just because the organization provides abortions, a federal appeals court ruled Tuesday, upholding the crux of a lower court’s order that said the state couldn’t deny patients the right to choose their own health care provider.”
The implications of this ruling are simple:
- The federal courts see the tenth amendment as a fasle truism which lacks the force of law
- The federal courts are intent on forcing their policies on the states even when it violates the conscience of citizens
- The separation of powers inherent in the construction of our republic have now completely failed
Other recent battles related to states rights over gun laws, medical marijuana, TSA screeners , and immigration have been loud and boisterous. But in the end, the states have moved piles of paper around. They have not stood up for their citizens when push came to shove. The so-called states rights legislative victories have therefore become a subtle form of entrapment whereby state citizens are falsely led to believe that their state has legislative legitimacy.
If Indiana accepts this ruling as authoritative, then it will cease to exist as a state and will simply be a province of DC with no identity, authority, or legitimacy of its own.
Every State has a natural right in cases not within the compact (casus non faederis) to nullify of their own authority all assumptions of power by others within their limits. Without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them. Thomas Jefferson: Draft Kentucky Resolutions, 1798.