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Wednesday, June 30, 2010


By Timothy N. Baldwin, JD.

June 30, 2010


One of my highly-esteemed colleagues, Wilton Strickland, who is an author, columnist, attorney in Florida and Montana, magna cum laude graduate of the college of William and Mary law school and a fond friend of liberty accurately described a major problem in America relative to restoring freedom in the States in his recently-released article entitled, Staying Away from the Federal Courthouse. In this article, Strickland rightly identifies as a serious error in political judgment our using the federal government to enforce “freedom” against the States, as though freedom can long exist at the elimination of state sovereignty. The supposed “victory” in the recently-decided McDonald v. Chicago case goes to the core of this issue and illustrates, yet again, that the U.S. Constitution operates to eliminate state sovereignty and to cement federal supremacy, the dreadful results of which we see more keenly and feel more obviously every day.

In this case, the U.S. Supreme Court opined that the fourteenth amendment (which was ratified only three years after the War Between the States under not-so-favorable conditions of the Southern states and which supposedly created national citizenship for all citizens of the States) nationalizes the second amendment such that all the States are bound to the federal government’s enforcement of those limitations. In other words, the federal government was supposedly given the power to ensure that all the States not deprive their citizens the “privileges and immunities” of the constitution. In essence, the States would have no sovereignty regarding this subject matter to the extent the federal government denies them permission, or any other matter that the federal government deemed “incorporated” into the federal constitution through the fourteenth amendment. This political application is a serious error and its consequences contradict the meaning and purpose of creating a federation of states and of separating state and federal powers. Literally speaking, there is no way that we can “get back to the constitution” where the application of the fourteenth amendment exists in this manner, not to mention the myriad of other reasons we will never “get back to the constitution.”

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In this article Tim Baldwin shows an understanding far beyond the norm of the history of the Constitution and the ramifications of State Sovereignty and the 14th Amendment.  This understanding is critical to the future of our Country.  One must understand the change from a federation of Sovereign States to a supposed Nation in order to understand our current crisis.
For more on the 14th Amendment read:

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