This page is intended to be a backup location for files and questions pertaining to the Texas Sovereignty Act, as discussed in the Texas Constitutional Enforcement Facebook group.

Frequently Asked Questions

*What do you mean by unConstitutional?

The problem may be one of education. The term, constitutional,is usually interpreted to mean whatever the Supreme Court says it means. However, even a casual review of documentation around the founding of the Constitution would reveal it was based on a LIMITED government. There was much concern that some of the loose language would be used to abuse as is demonstrated by the likes of Patrick Henry and in the various ratifying debates. Ultimately such concerns were validated by the amending of the Constitution with the so-called Bill of Rights to further emphasize the limited role that the federal government had. What changed? Well in a nutshell around the turn of the 20th century, activist judges began broadly interpreting clauses from their original strict construction (limited power) to mean virtually anything. The federal government is 180 degrees from where it started and many of the citizens happily go along with it because ... supreme Court says so!

*But wait, wasn't this settled during the Civil War?

Americans are generally unaware of the usurpations of Abraham Lincoln. Basically, he said: Oh, shoot, the country is breaking up, well, I'll fix it with cannon fire and almost a million dead! That's one way to spread the message of liberty! You have a lot to learn about Abraham Lincoln. Freeing the slaves was politically expedient at the time.

What differentiates this approach from other approaches?

There are several basic approaches - Suing in Federal Court, Constitutional Convention, and some have even proposed Secession. How about Enforcing the Constitution we already have and that State judges and Sheriffs are already duty bound to enforce?

Constitutional Convention

It may happen in 50 years time, and even if it does - think about this - the framers of the Constitution went in to simply amend the Articles of the Confederation. They disappeared for a few weeks and out popped the Constitution! Imagine if today's lawmakers went into a dark room for a few weeks, what could possibly go wrong? Perhaps the first amendment might be: The Existing Constitution is hereby scrapped! Perhaps not, but either way the current Congress would control the agenda.

Secession

In the state of Texas, there is some appetite for secession, but by and large, it sounds nuts to outsiders of such circles.

Constitutional Enforcement

Which brings us back to enforcing the Constitution we already have.

What Could go Wrong?

What could go wrong if we enforce the Constitution we already have? Well it could be argued that the "cracks" in the Constitution did allow for expansion in civil rights in many cases. Remember when black and white people couldn't get married? Remember that? It wasn't that long ago. The culture has shifted since then - and we recently elected a black president for 2 terms, so such notions are largely extinguished. While there may still be some distrust among people with different unalterable attributes (hair type, skin melanin content, eye color, nose size, moles, etc.), there is also a wide range of activities such people are able to participate in together.

What will happen with the inevitable conflict of Federal vs. State 'interpretations' of the Constitution?

It will depend on the political will of the people of the State of Texas. The way this act is designed, "The case may be removed to Federal court, but the prisoner will not be.", but it all depends on state officials doing their job and challenging federal officials. Will they? Will you?

KSpect

Texas Sovereignty Act Discussion

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