This breakout session was hosted by Gary Wood and Ken Ivory of Heritage Training Center in Salt Lake City.

Ken Ivory, incidentally, is running for a seat in the Utah House of Representatives after having beaten Republican incumbent Steven Mascaro in the 2010 Primary Election. He'll be going up against Democrat candidate John Rendell in November.

This session began with a simple question: "What is the greatest check and balance?"

The answer: "States' rights" or Federalism.

There's a lot of information here, I'm probably just going to include my notes verbatim with some added commentary.

Voices of influence

John Dickinson - "In short, the government of each state is, and is to be, sovereign and supreme in all matters to relate to each state only. It is to be subordinate barely in those matters that relate to the wholel and it ill be their own FAULTS, if the several states suffer the federal sovereignty to interfere in the things of their respective jurisdictions."

Ivory added, "The states are CRITICAL constitutional actors."

Thomas Jefferson: "I consider the foundation of the Constitution as laid of this ground: That 'all powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.' To take a single step beyond the boundaries thus specifically drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition."

One person commented: "You hear 'Commerce Clause' and 'Supremacy Clause', except Clause is spelled C-L-A-W-S.":-)

What is the federal government?

"Actually the federal government is a combination of the one centered in Washington and those located in States for it is this combination that constitutes the federal system." -- Felix Morley, Freedom and Federalism

Federal government or Federation; government of a unit of states in which sovereignty is divided between a central authority and component state authorities.

Changed meanings of words in 1787. Federal vs anti-federalists

"The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes." -- James Madison, Federalist 46

Double-security. Different governments will control each other.

Are we supporting federalism or are we supporting nationalism?

How is 'separation of powers' divided?

Horizontal separation consists of three distinct branches (legislative, executive, judicial)

Federalism - states are where experiments are done. Case in point: Massachusetts was the experiment of the 3 branches of government.

Vertical separation of powers: National and state governments

Who holds sovereignty under our federalist republic?

Is there sovereignty at the national level?

Where is sovereignty at the state level?

Stephen Pratt says this is absurd.

"You have a 'just claim' to your life but that doesn't mean you're invincible."

What level of sovereignty do the people retain?

Was the 10th amendment issue settled after the Civil War?

A common assertion is the principles outlined in the 10th Amendment no longer hold true due to the victory of the North over the South.

10th amendment is still on the books, still keystone.

Is secession the issue of the 10th amendment?

"We don't want to secede. We want our country back. We want our general government operating appropriately."

Madison "If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every state, county, and parish, and pay them out of the public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the union, they may assume the provision for the poor; they may undertake the regulation of all roads other than post roads; in short, every thing from the highest object of state legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare."

Do states, as sovereign partners in United States, still hold the power to interpose between the people and the general government?

Is the general government supreme based on supremacy clause?

The constitution, and the Laws and the laws of the US which shall be made in Pursuance thereof, and all Treaties made, or which shall be made... -- Article VI, Sect 2

What is the Doctrine of Interposition?

Official action of the state government on the part of the state govt to question the constitutionality of a policy established by the central govt.

A resolution of Interposition, like that of Kentucky and Virginia of 1799, can result in the nullification of legislation deemed unconstitutional by the States or States.

Using interposition or nullification is like putting a proverbial 'finger in the dam' while the cause of the breach requires further investigation and solutions. It is a useful tool yet not the ultimate solution usurpation.

Nullification -- Thomas Woods "Not a silver bullet."

If I don't take it, someone else will

One of the presenters illustrated a concept with this story: A little girl sees a bicycle she wants in a store window. To raise money to buy the bicycle, she does bake sales, lemonade stands, babysitting, anything she can do to earn the money. When she finally has enough money, she puts her piggy bank in her wagon and pulls it to the store. Along the way, the wagon hits a bump and the girl's bank falls out of the wagon. The girl, excited to buy her bicycle, fails to notice the bank is no longer in the wagon, and continues on.

A bystander says to himself, "If I don't take it, someone else will."

This is often the rationalization for accepting money from the federal government.

We're bringing in $200B, we're spending $300B.

We must commit, in our own homes, to resist govt handouts and to be self-reliant.