by American Citizen

Created on: September 03, 2009

Admittedly, it's going to be a stretch to come up with 400 words on this topic, because it boils to one thing: jurisdiction. What Constitutional enumerated power would grant the federal government jurisdiction over intrastate affairs?

I can only point to Thomas Jefferson's Autobiography and "Notes on the State of Virginia", to give people an idea of what the colonial patriots fought and risked their lives for. The governor of Virginia, in writing, had the power of a King, with certain exceptions. Why such strong language, Mr. Jefferson? Because the states were free and independent and sovereign.

We are quite literally 50 nation-states with a federal government to manage INTER-state commerce and national defense. If you find this hard to swallow (and you may, since it's so rarely discussed or thought of), consider what makes a nation sovereign. An executive. A legislature. Courts. A Constitution. Citizens and residents. Police power for enforcement.

Which state lacks any of these?

Not one. The executive is the Governor. Laws are written by the legislature. Accused persons have their day in county and state courts. Every state has its own Constitution (you can find yours on your state's Secretary of State website). All 50 states have citizens and residents. Your city, county and state have police enforcement officers.

Now, about fireworks. They are entertaining, but they're not toys. The federal government's only concern is on imported fireworks. That's constitutional. Fireworks, like all other products, that are manufactured, distributed and used within the boundaries of any of the several states are not within the federal government's jurisdiction.

Is jurisdiction really that important? It's everything. Start watching cops and robbers movies. Immediately upon arrival, the police determine jurisdiction to see which agency will handle the case. The loser walks away and exits the script. That's how important jurisdiction is.

From wikipedia -

Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.

Alternatively, jurisdiction is the authority given to a legal body or to a political leader to adjudicate and enforce legal matters. The term is also used to denote the geographical area or subject-matter to which such authority applies.

You should know the jurisdiction of your own life, as well, or you'll never know how to enforce Amendment 4 to your own benefit. If your home isn't your castle, then where does your law matter?

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