Re: what would you do
You are correct. Amendments 10 and 14 of the Bill of Rights.
The issue of States Rights controversy heated up with the 'tariff of abominations', a congressional action that ordered an increase of rates on raw goods. John C. Calhoun responded by anonymously penning the Southern Exposition. From this the Southern States adopted the Nullification Ordinance which said the Union was a compact between states and they had the power to repeal power to nullify a federal law that exceeded powers given to Congress in the constitution. Calhoun tried making his case using the arguments laid out in the Kentucky and Virginia resolutions.
The counter argument made was that the States entered into a CONTRACT not a compact upon the ratification of the Constitution. It was also the contention that the Supreme Court was the final arbitrator of the law. This was supported by Marbury v Madison, the case that sets the precedent for judicial review.
ahh but what about the constitutionality of judicial review itself.? Nowhere is it explicitly written in the constitution that this power is the power of the judiciary branch. I think that there wasn't strong opposition to the ramnifications of Marbury vs. Madison because both sides (the federalists and nonfederalist or democratic republicans if you will) . The administration now in power , led by Jefferson, no longer had to seat the "midnight judges" appointed by the federalists and so would take the results of the decision. Of course, it might have irked Jefferson to know that implied powers were being invoked by the supreme court to give him his victory but like so many times in his life, the practical Jefferson contradicted and conquered the ideals of Jefferson.
The federalists , while pissed off about nothaving their judges seated, loved the idea of implied powers being used to establish this power of the supreme court. Implied powers only increases the strength of federal government and that what was their goal, so they took their victory as well out of this case
As a result, this precedent of the supreme court was faced with no real effort to challenge it and the precedent was left standing and then built upon throughout the years. Now, state laws can get quashed in the supreme court where they eventually sometimes do. Essentially the supreme court is deciding many times what laws states can have and not have based on this power. Either they crush these laws eventually or the states won't make many laws in the first place because they know the supreme court will crush them when the associated cases eventually arrives at the supreme court
short story, with marbury vs madison, federal government grows stronger at the expense of the rights of the states.
Now on a tangent , implied rights are great for advocates of a stronger federal government and bankers as now one can argue a central bank is impied in the powers of the treasury. Look at us today, with a federal reserve ,privately owned by the way by many member banks that got bailouts from the federal government with money that was authorized by Henry Paulson (former ceo of goldman saks: a bank that is one of these private owners of the federal). The bailout funds were authorized by congress and the money was thus loaned by the federal reserve at interest
to the federal government to be given back to many of these member banks.
What a scam. But without implied powers, the federal reserve would never have come into existence. Once the federal reserve was created, the federal government needed extra money to pay the interest on the money created or lent by the federal reserve. Is it any coincidence that federal income tax was created in the same year that the federal reserve was created?
In the same vein, once the federal government crushed the south and established itself as the law of the land. , is it any wonder how all these robber barons popped up soon after the civil war ended. Very simple, pay off the federal lawmakers to pass laws and legislation that create demand for your products and also grant you essentially monopolies : legislation that the states have to accept. Hence the rockefellers of the world then and the world now. And you will see the rockerfellers are also very much a part of the federal reserve system if you look just a tad deeper than what we get in the media.
We could have developed real alternative energy sources along time ago but big oil pays the lawmakers for it not to happen and we could make our own money without paying the federal reserve interest on it . Indeed the last guy who tried it was a certain John friend. Kennedy who signed , I believe executive order 111110 authorizing the government to do make some of their own money without the federal reserve being involved. Kennedy was shot within a year of signing this executive order and it was back to business as usual. This executive order was never depowered and any current president can take advantage of it .But I don't think any president would dare after seeing the files on what and why happened to kennedy.
So what we have now today, for better or worse is a result of the marbury vs madison case .
I see I might have made a good case for my opinion but I unfortunately touched upon the third rail of conspiracy theories being the kennedy assasination.