#264 Lesser Can Be Most

Liberty and Posterity with Ron Higgins

In this program, I will be reading, and commenting on, the Doctrine of the Lesser Magistrate and relate that principle in the performance of the duties of government officials.

The Doctrine of the Lesser Magistrate is especially relevant in the United States with our federalist form of government. Federalism is a system of government in which the same territory is controlled by two levels of government. Both the national government and the smaller political subdivisions (state, county, and city) have the power to make laws and both have a certain level of autonomy from each other.

Enumerated or delegated powers: Article I, Section 8 of the Constitution describes specific powers which belong to the federal government.

Reserved powers: The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. Among other powers, this includes creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local government.

Concurrent powers: Powers that are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.

Per Article VI, all government officials at all levels take an oath to protect and defend the US Constitution. As such, all government officials at all levels have as their primary duty the protection of the Constitutional Rights of their constituents. When someone in authority makes laws or decrees contrary to the Constitution, they have violated their oath of office and their law or decree is invalid. Those under their authority, including those in positions of authority themselves, are NOT to obey them when they do this. They may even have to actively resist them and take actions to protect their constituents from these unconstitutional decrees and laws.

Five people died during the January 6, 2021 demonstration at the US Capitol, but the only death by violence was that of Ashli Babbitt, callously shot by a Capitol Police Officer. Never forget Ashli Babbitt.

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