"Ambition must be made to counter ambiltion."

Federalism of the US Constitution recognized we need governments to minimize violence from war and crime by coercing compliance with law. The Constitution divided sovereignty between the Federal government for issues of war and peace, states for crimes and civil disputes, and We the People retaining all other powers and liberties.

Mr. Trump sending 2,000 armed ICE agents into Minnesota is not law enforcement. Without states acting to enforce the US Constitution, the use of ICE is a prelude to the use of the military to stop the 2026 elections.

On Jan 6, 2021, Mr. Trump first attempted to use violence to overthrow the elections. Mr. Trump has pardoned those convicted of that crime. If states do not act to get control of their National Guards, the risks to the 2026 elections are immediate.

The killing of Renee Nicole Good inspired drafting this law for states to use to preempt Federal violence against the people of their state. It can be amended for cites. Please let me know of recommended improvements (bill.james@jpods.com)

Whereas:

  • The Constitution is an enumerated powers document that Divided Sovereignty between We the People, the States, and the Federal government.
  • “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
  • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
  • The Supremacy Clause of the Constitution is limited to “the foregoing Powers” listed in Article 1, Section 8. 
  • State officials are sworn to interpret and enforce the Constitution against Federal violations, Article 4, Section 4: “Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.”
  • Article 1, Section 8 assigns control of the National Guard to state governments to enforce the Constitution against Federal violations, “reserving to the States respectively, the Appointment of the Officers.”
  • Federalist #51: "Ambition must be made to counteract ambition.”
  • Federalist #28: “Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!”

Therefore, to enforce the Constitution's divided sovereignty and protect against overreach: 

  • Federal law enforcement against individuals is limited to the crimes stated in Article 1, Section 8.
  • Federal law officers operating in the Commonwealth of Massachusetts shall comply with the Due Process Clause of the US Constitution.
  • Federal law enforcement agencies operating within the Commonwealth of Massachusetts shall comply with Massachusetts standard of conduct.
  • Liability of officers shall be subject to Massachusetts standards for accountability.
  • The Commonwealth recognizes jurors' historical and constitutional authority to render verdicts according to conscience as a safeguard against government overreach.
  • Jury verdict shall be made part of the common law.
  • The Commonwealth, recognizing that individuals alone are too weak to enforce their rights against unconstitutional overreach, shall provide financial, legal, and institutional support—including grants for public education programs and resources through the Office of Jury Commissioner or qualified organizations—to ensure jurors and citizens are fully informed of their historical and constitutional role in judging both the facts and the application of the law according to conscience, as exemplified by Massachusetts juries' resistance to the Fugitive Slave Act.
  • The Massachusetts National Guard is under the command and control of Massachusetts.
  • To mitigate the risk of a repeat of January 6, 2021 assault on the US Congress, the Electoral College vote from Massachusetts shall be delivered to Congress by an honor guard from the Massachusetts National Guard. State governments, through the Electoral College backed by their militias, bear responsibility for ensuring the peaceful transition of Presidential powers.