The Tenth Amendment to the United States Constitution states that "The powers not delegated to the United States by the Constitution, or prohibited by it to the States, are reserved to the States respectively, or to the people." The Legislature finds that the Tenth Amendment to the United States Constitution defines the total scope of federal power as being that specifically stated in the United States Constitution and no more.
While the Congress of the United States has the power to lay and collect taxes pursuant only to Article 1, Section 8, clause 1 and Article 1, Section 9, clauses 4 and 5, and Article XVI of the Constitution for the United States of America, the federal government, its agencies or agents, or the U.S. Congress does not have the power under the Constitution for the United States of America to withhold from the States the benefits of those taxes by use of federal mandates that are outside the scope of the powers enumerated in the Constitution for the United States of America for the federal government.
Therefore the states should in turn withhold receipts from the federal government for the unconstitutional act of blackmail to force states to adhere to the whims of the federal government. This is a complete slap in the face to our freedoms and sovereignty of the states on which the nation was founded.
In researching if this has been done, I found that a number of states, including Oklahoma have attempted to push such bills through only to se them die in committee. In 2010 House Bill 2810 was introduced that would return the powers to the states.
That same year in Washington, House Bill 2712 introduced that read in part”establishes a federal tax fund, which will be used to deposit federal tax money from state citizens that are meant for the federal government. The act calls for withholding payment to the federal government of the money in this account, if it is found that the federal government is acting unconstitutionally. Funds will then be transferred into the state budget. If the federal government imposes sanctions on the people or government of the state, then the state will act in its best interest to support its sovereignty.”. This bill also died en route to passage.
In addition to having the funds in the state to avoid the federal government from withholding fund due the state, the states should withhold when congress fails to pass a real balanced budget, or takes any unconstitutional act.
Could this ever happen? It is up to we the people to discuss, draw a plan of action and force the states to follow that plan and pass the laws. There would need to be careful consideration to the retribution that would surely arise. Anytime a subject tried to reach for rights there is a fight soon to some.