"(b) may the federal government use other actors in the governmental system and the private sector as its agents and give them orders as though they were part of a prefectorial system?"The short answer is "no". State governments are independent, although subordinated, sovereignties, not subdivisions of the federal government. Although the federal government may regulate many of their functions directly (as where, for example, it subjects state water districts to the Clean Water Act), it may not require them to exercise their own governmental powers in a manner dictated by federal law. The states may be encouraged bribed or threatened into entering into joint federal state programs of various sorts, from unemployment insurance to Medicaid; but they may not be commanded directly to use their own governmental apparatus in the service of federal policy. There is a modest jurisprudence of the Tenth Amendment that seems to have settled on this proposition. See the DOJ memorandum for a fuller elaboration."
FACT: There is no such thing as a "subordinated sovereign", although many state legislators believe that.
How does the Federal Government encourage, bribe and/or threaten the states? By withholding huge chunks of money needed for unfunded mandates, for one. Or for other necessary purposes. States can reject the mandates; however they cannot force big government to send the allocated funds. We so often claim that the U.S. Government has usurped States' power. It isn't so. State legislatures acquiesced in every case of so-called lost-power.
Today's legislatures are reaping the legacy of their forebears' actions. It began with the State and Local Fiscal Assistance Act of 1972, known as Revenue Sharing. All funds from local to state governments are sent to Washington, then back to the states with strings attached. According to the book, Beware Metro Government, even state income tax revenue is siphoned into D.C. (See chapter 9) http://www.sweetliberty.org/beware_metro.html
It would be up to the legislatures to unravel that mess. The good news is, there is a way to begin the process of states reclaiming their power. In 1995, Oklahoma State Rep. Charles Key introduced a bill titled, "State Sovereignty & Federal Tax Fund Act". It passed unanimously through the House; was sent to the Senate where it was evidently buried amidst the ashes of the bombed Murrah Federal Building.
This Act would establish an escrow account within the state. All taxes collected - including alcohol, tobacco, liquor, employees' Federal Withholding, road taxes, etc. - would be held. The state keeps all interest on the money, and sends the funds to Washington on a quarterly basis; that is, IF the Federal Government acts only within it's enumerated powers. If that isn't happening, the escrow funds would be used for state needs.
For us, time is of the essence, because the time is ripe for those who have awaited the 1929 type depression to open the ConCon. Remember, Rexford Tugwell was a member of the CCS, and the lead author of the Constitution for the NewStates of America.
Check it out. See what America looks like under that NewStates Constitution. There are no "states" by the way. Just ten regions ruled by appointed overseers; no private property ownership, no gun rights, free speech, etc. Think it can't happen here? We would be fools to deny that it could, and most probably will if we don't all work in tandem to bring these Con-Con calls to a halt, and then work with and support state legislators' efforts. http://www.sweetliberty.org/issues/concon/newstates.htm
It would behoove states' legislators to begin now to return state power to whom it belongs.
Invoking the 10th Amendment and passing the State Sovereignty & Federal Tax Fund Act simultaneously could be the first, extremely powerful steps, to making that happen. These steps do not place the U.S. Constitution in harms way, as would a Constitutional Convention, a.k.a. Article 5 Amendment Convention. Nothing can be lost, everything gained. http://www.sweetliberty.org/issues/staterights/sov.htm
A thought to consider: Since the U.S. Constitution has been, and continues to be violated by both U.S. and State legislators, one might wonder why the decades-long attempt to open a convention and dispense with it altogether. It has long been this writer's belief the one-worlders' greatest fear is that enough honest (and brave) state legislators in enough states will awaken to the power of those first Ten Articles of Amendment; stop allowing legislative "leaders" to bully them, and begin piece by piece restoring what has been lost / given away incrementally so long ago: true Freedom and Liberty.
May our Heavenly Father Bless America, and May He Bless and Guide our Work
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