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The Tyranny of the Majority

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Andrew Napolitano
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President Ronald Reagan reminded the American public in his first inaugural address that the states formed the federal government, not the other way around. Had I been the scrivener of that speech, I'd have begged him to add: "And the powers that the states gave to the feds, they can take back."

Reagan also famously said that we could vote with our feet. If you don't like the over-the-top regulations in Massachusetts, you can move to New Hampshire. If you are fed up with the highest state taxes in the union in New Jersey, you can move to Pennsylvania.

But the more state sovereignty the feds absorb, the more state governance that is federalized, the fewer differences there are among the regulatory and taxing structures of the states. This has happened because Congress has become a general legislature without regard for the constitutional limits imposed on it.

If Congress wants to regulate an area of human behavior that is clearly beyond its constitutional competence, it bribes the states to do so with borrowed or Federal Reserve-created cash. Thus, it offered hundreds of millions of dollars to the states to lower their speed limits on highways and to lower the acceptable blood alcohol level in peoples' veins - this would truly have set Madison off before a presumption of DWI may be argued - all in return for cash to pave state-maintained highways.

The states are partly to blame for this. They take whatever cash Congress offers, and they accept the strings that come with it. And they, too, are tyrants. The states mandated the unconstitutional and crippling lockdowns of 2020-2021, not the feds. The states should be paying the political and financial consequences for their misdeeds, not the feds. They took property and liberty without paying for it as the Constitution requires them to do, not the feds.

Blyes feared a government of 3,000. Today, the feds employ close to 3 million. Thomas Jefferson warned that when the federal treasury becomes a federal trough, and the people recognize it as such, they would only send to Washington politicians, faithless to the Constitution, who promise to bring home the most cash.

In a democracy, faithless to constitutional guarantees, the majority will take whatever it wants from the minority, including its liberty and property.

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Judge Andrew P. Napolitano is a graduate of Princeton University and the University of Notre Dame Law School. He is the youngest life-tenured Superior Court judge in the history of the State of New Jersey.  He sat on the bench from 1987 to (more...)
 
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