Here’s a few observations:

1. Turley is absolutely correct that “decades of precedent” in the courts oppose the view that the federal government is not authorized to enact a national health care plan. But, what he fails to point out, is that under the original meaning, intention and understanding of the Constitution – these kinds of powers would have been unthinkable. The court is, in plain English, wrong. Learn more here.

2. Neither the host nor Turley seem to have any clue about nullification – or its current efforts. Nullification has nothing to do with getting a positive ruling from the Supreme Court. It’s when a state passes a law simply refusing to implement a federal law. In fact, it has a long history in the American tradition. It’s been used to resist laws against free speech, fugitive slave laws, the use of the militia in war and more. Hardly “right-wing” at all. Learn more here.

3. Nullification has also been used quite recently – and effectively too. Approximately two-dozen states refused to implement the Bush-era Real ID act. And guess what – the courts aren’t needed, and neither is Congress. The law is a dead letter. Null and void.

4. Oh, and that pesky general Welfare clause. It doesn’t mean what they’re implying – at all. In fact, it was meant as a strict limitation on power. Here’s what James Madison had to say about it – “With respect to the words “general welfare,” I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.”

If my choice is the opinion of James Madision vs Jonathan Turley, I think I’m safe going with Madison.

Here’s what I think is most important…What both Olberman’s stand-in and Professor Turley get wrong is this – the 10th Amendment Movement is not about asking politicians to follow the Constitution. It’s not about getting permission from the Supreme Court to exercise our rights. It’s not about going to the federal government at all. Those are all failed strategies.

This movement is about moving back towards Constitutional governance whether they want us to or not.

Whether it’s 20+ states nullifying real ID, or 2 states nullifying some federal gun regulations, or 13 states nullifying federal marijuana laws, or states nullifying a national health care plan, this is about state-level activism. And, if enough states do it, the feds can’t do anything to stop it.

Our good friends at TeaPartyPatriotsLive did a drive-time guest spot on Orlando’s WFLA radio this week.  I had the honor of spending a few minutes with them to discuss the growing state sovereignty movement, nullification efforts, and more.

July 23 -  Glenn Beck reports on Sarah Palin’s signing of Alaska House Joint Resolution 27, claiming sovereignty for the state under the 10th Amendment to the Constitution of the United States.

The resolution serves notice to the federal government that it should cease and desist any activities beyond the scope of their constitutionally-delegated powers.

Six other states have had both houses of their legislature pass such a resolution – Palin is the 2nd governor (with Bredesen of TN) to have signed one.

Click the play button below to load the audio – approximately 7 minutes long.

Representative Manny Steele, of South Dakota, sponsored his state’s HCR1013, which was the first states’ rights resolution to pass both the Senate and House in a state this year.  Since then, legislatures in eight other states have acted on bi-partisan support and have passed their respective resolutions to affirm states’ rights.  These are:   Alaska (HJR27), Georgia (SR632), Idaho (HJM4), Indiana (SR42), Missouri (HCR13), North Dakota (HCR3063), Oklahoma (HJR1003) and South Carolina (H3509).

Texas’ HCR50 passed committee April 23, 2009.  Sponsoring Representative Brandon Creighton expects the House to pass the resolution very shortly.  In addition, Arizona’s HCR2024 passed committee on April 14, and per Sponsoring Representative Judy Burges, it is expected to pass the House.

In their Announcement, all fourteen Senators and Representatives observe that:

Over the course of decades, there have been increasing federal mandates and acts designed to effectively step in and legislate the affairs of our various states from Washington D.C.  Federal usurpation into state affairs severely limits the ability of state governments to operate according to their citizens’ wishes.  We believe that the best government is one which governs closer to the people….  The current price of erosion of states’ rights exceeds $11 trillion.  Without the countless attempts in Washington to duplicate and micromanage our states’ affairs, much of this debt could have been avoided.

Joining Representative Steele in the Joint Announcement are:

Alaska (HJR27)                       (Mike Kelly, Dist. 7, Sponsor)
Passed House and Senate     (Gary Stevens, Senate President)

Georgia (SR632)                     (Chip Pearson, Dist. 51, Sponsor)
Passed Senate

Idaho (HJM004)                      (Lenore Barrett, Dist. 35, Sponsor)
Passed House and                   (Dick Harwood, Dist 2, Sponsor)
Senate                                          (Lawerence Denney, House Speaker)

Missouri (HCR13)                   (Jim Guest, Dist. 5, Sponsor)
Passed House

North Dakota (HCR3063)      (Craig Headland, Dist. 29, Sponsor)
Passed House and                     (David Monson, House Speaker)
Senate

Oklahoma (HJR1003)             (Randy Brogdon, Dist. 34, Sponsor)
Passed House and
Senate

South Carolina (H3509)          (Michael A. Pitts, Dist. 14, Sponsor)
Passed House; Currently in
Senate Committee

South Dakota (HCR1013)      (Manny Steele, Dist. 12, Sponsor)
Passed House and Senate        (Dennis Daugaard, Lt. Governor)
(Tim Rave, House Speaker)