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Golden Valley News
May 27, 2021
End of the line
Contractors in Beach on May 20 watch as a trench box is moved into place.
The connection
of a replacement water main to a valve was then made. (Photo by Richard
Volesky)
NEWS
Nullification: Old wine in new bottles
The doctrine of nulli cation, a per-
nicious pillar of s0uthern resistance to
the federal government in the 19th and
20th centuries, promotes a constitu-
tional theory that was emphatically re-
jected by the framers of the
Constitution when they cast the Arti-
cles of Confederation into the ash can
of history.
Legislators across the country have
resurrected this discredited doctrine
and have introduced legislation that,
in one way or another, would assert
state authority to declare null and
void federal laws and executive or
ders with which they disagree. In
essence, these measures would create,
variously, state legislative committees,
tribunals and councils. on- federalism
that would possess sweeping author,
ity to convene a meetingand thereby
halt efforts by states to comply with,
or enforce federal acts, which they be-
lieve to have exceeded the power of
the federal government.
The power of a few legislators who
serve on these tribunals could be ex-
ercised to prevent compliance with
laws that govern any part of our lives.
In substance, a handful of men and
women would be substitutes for the
historic method of challenging federal
laws and acts in courts of law.
In a nutshell, our legislators con-
stitutional theory rests of the false
claim that, in 1787, the states exer-
cised sovereign authority to create the
Constitution. Accordingly, the sover-
eign states might, at any time, assert
the authority to nullify federal laws
that they regard as unconstitutional.
Southern secessionists followed the
logic of this theory and plunged the
nation into Civil War. Now, Various
state legislators have unsheathed the
sword of nulli cation and laid it at the
neck of federal laws that they regard
as unconstitutional. As we have ob
served in previous columns on the
subject of federalism, the premises be-
hind their constitutional theory, and
reasoning behind them, are severely
awed and nd no support in our con-
stitutional architecture.
Let us recall some constitutional
David Adler, The Alturas Institute
David Adler answers your Constitution questions.
Send them to this newspaper.
fundamentals. In the Constitutional
Convention, the framers drafted a
Constitution, which, if rati ed by the
people, would replace the Articles of
Confederation, a governmental
scheme that was grounded in the con
cept of stat 'sovEreigntyi'That' System,
the framers agreed, had been a disas-
ter, chie y because the principle of
state sovereignty precluded effective
national governance.
In Philadelphia, the framers re-
placed state sovereignty with pop
ular sovereignty which, they
believed, meant that the authority of
the Constitution owed from the
people and not the states. Since state
I governments, like the federal govern-
ment, were creatures of the Constitu-
tion, and would draw their powers
from the Constitution, they could not
be party to their own creation. But the
American people, the framers held,
possessed the ultimate legal authority
a-principle articulated in the Dec
laration of Independence and could
create a government of their choosing.
The proposed Constitution, moreover,
would have no authority, the framers
reasoned, until the sovereign people
not the states breathed life into
it through the rati cation process.
The assertion that states could nul-
lify federal law would eviscerate the
Supremacy Clause of Article VI, ip
the Constitution on its head and return
America to the plan of the Articles of
Confederation, which the framers re
buked. The Supreme Court has con-
sistently rejected the theory of
nulli cation in a string of decisions
since the founding, and with good rea-
son. Otherwise, each of the 50 states
might claim the power to decide for it
self what the law of the land is, a
claim that would scuttle our constitu-
tional enterprise.
There is irony in these legislators
resort to nulli cation. Most of them, I
suspect, would declare that the Con-
stitution should be interpreted in ac
cordance with the aims and intentions
of those who drafted the Constitution,
which is the cardinal principle of
Originalism. In this instance, how-
ever, they are betraying their princi
ples and platform, as well as their
professed loyalties, since the framers
espoused popular, not state, sover-
eignty. ,
. .From time to time, over the years,
many citizens have expressed frustrat
tion with federal laws and acts. For
some, those governing public lands, or
health care or possession of rearms,
have deserved condemnation. For oth-
ers, regulations in the areas of civil
rights, education and the environment
have generated anger and protests.
State legislators have tools in their
belts to challenge laws and acts that
they believed have transgressed fed-
eralauthority. In addition to bringing
lawsuits, they may pass joint resolu-
tions to protest measures, and they
may petition Congress to provide
remedies and correct the offensive
acts. But as long as the laws in ques-
tion remain on the books, states, in ac-
cordance with the Supremacy Clause
and more than two centuries of con-
stitutional governance, are required to
comply with them and prepare for
their implementation.
Adler is president of The Alturas
Institute, created to advance Ameri-
can Democracy through promotion of
the Constitution, civic education,
equal protection and gender equality.
Send questions about the Constitu-
tion to Dr. Adler at NDWTPCol-
umn@gmail.com and he will attempt
to answer them in subsequent
columns.
This column is provided by the
North Dakota Newspaper Association
and Humanities North Dakota.
Travel opportunities emerging each day
FARGO New travel opportunities
and destinations seem to be emerging
by the day, especially for Americans
with a desire for international travel.
Last week, the European Union
agreed to ease COVID-l9 travel re-
strictions, which would allow Ameri
cans to more easily visit top
destinations like Athens, London,
Paris and Amsterdam. A speci c date
has yet to be determined.
Travel to Italy is also reopening for
Americans who y in from select US
airports. These travelers would not
have to quarantine if they meet Covid
test requirements.
European river cruise itineraries
are now being con rmed for June and
July.
"Some of the world's top destina-
tions are reopening their doors, de-
lighting both travelers and travel
providers alike," said Debbie Haas,
vice president of travel forAAA The
Auto Club Group. Announcements .
like these help us begin to realize the
possibilities of traveling this summer,
which we've all missed over the past
year. Still, with so much pent-up
, travel demand and limited supply, it's
more important than ever to work
with a travel advisor like the ones at
AAA. Opportunities are changing by
the day and expert travel advisors can
help you navigate through the options
and any requirements in place. Time
is of the essence. If you're thinking
about traveling, just remember, lots of
other people are too."
TheCDC decision to ease mask
mandates in the US could create even
more optimism among Americans,
who were already motivated by wide-
spread vaccinations. Because of this,
travel volumes could exceed AAA s
initial forecast of 37 million American
travelers this Memorial Day. How-
ever, travelers should know that
Pi (3 Travel
- Mackinac Island/Duluth: June 12 1 7
- Yellowstone National Park/Medora: August 8 1 4
- Mystery Tour: August 24-27 '
Nashville/Pigeon Forge/ Dollywood: Sept. 29 Oct. 8
Branson Tours: Nov. 4 10 Nov. 17 23
14800-446-2711
westpictravel@gmail.com www.westpictravel.net
Americans are still required to wear
masks on public transportation like
trains, planes and when traveling
through airports. Travelers can see
how Covid restrictions could impact
their trip by visiting
TripTik.AAA.com.
Whatever the plans, AAA encour-
ages people to consider travel insur-
ance. There are various coverage
options to protect your health and -
nancial investments from unexpected
circumstances before and during your
trip. If there s'anything the pandemic
has taught us, it s that you have to be
prepared for the unexpected, the AAA
said.
Area
- Dillon Olheiser, 26, Dickinson,
May 16
0 William Bill Randash, 89,
Baker, Mont May 16
0 Karen Gentry, 65, Dickinson,
May 16
- Paul Bradley "Brad" Ward, 86,
Glendive, Mont May 16
0 Elizabeth Ann Nelson, 82, Man-
ning, May 17
0 Renee K. Bonn, 58, Bismarck,
formerly of Dickinson, May 18
- Alvin Anton, 66, Dickinson,
May 18
' Marilyn Metz, 84, Dickinson,
May 20
' Ray "R.C." Brewer, 34, Dickin-
son, May 20
- Marie H. Wax, 68, Dickinson,
May 20
- Nick Symionow, 104, Dickin
son, May 20
0 Steve Hartman, 65, Medora,
May 22
Brian Weigum, 61, Glendive,
Mont May 23
Oil actIVIty report
Baker Hughes reported on May
21:
U.S. rig count is up two from last
week to 455 with oil rigs up four to
356, gas rigs down one to 99, and
miscellaneous rigs down one to zero.
- U.S. rig count is up 137 rigs
from last year's count of 318, with oil
rigs up 119 gas rigs up 20 and mis
cellaneous rigs down two.
The U.S. offshore count is down
one to 14, up two year over year.
- Canada count is down one from
last week to 58, with oil rigs un
changed at 25, gas rigs down one to
33.
- Canada count is up 37 rigs from
last year's count of 21, with oil rigs
up 17, gas rigs up 20.
- North Dakota count is 16. Last
week it was 14.
The N.D. Industrial Commission
reported during the week of May 16:
Permit renewal:
No. 31169 Whiting Oil and Gas
Corporation, Kessel 31 27PH,
NWNE 27 140N-99W, Stark
County
- l
Sheriff 3 report
Billings County Sheriff s Office
report for April:
Traf c: warnings, 26; citations, 5;
truck regulatory contacts, 1; papers
served, 2; general police calls, 69;
motorist assists, 3; alarms, 1; re call
assists, 17; accidents, 2; game and
fish, 1; ambulance call assists, 4;
agency assists, 4; animal complaints,
5. Total calls for service, 106.
Citation breakdown: speeding, 4;
overtaking where prohibited, 1 . Total
citations, 5; total warnings, 26
Breakdown where citations were
issued: Hwy. 85, 5.
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Golden Valley News
P.O. Box 156, Beach, ND 58621
(U.S.P.S. Pub.
No. 221-280)
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The Golden Valley News is a proud
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Newspaper Association.
All content is copyrighted.
Established Oct. 8 1936.
Representatives praise
Deaths continuation of DAPL
BISMARCK Sen. John Ho
even, R-N.D on May 21,issued the
following statement regarding U.S.
District Judge James Boasberg s rul
ing on the Dakota Access Pipeline
(DAPL).
This ruling is welcome neWs for
North Dakota, the Three Affiliated
Tribes and our country s economic
and national security, said Hoeven.
The Dakota Access Pipeline was
built with the latest technology and
safeguards and has safely operated
for the last four years. We need in
frastructure like this to support a
growing economy and for our coun
try to remain energy independent.
That s why we ve repeatedly made
the case to President Biden, the ad
ministration and the Corps to keep
the pipeline owing while the court-
ordered environmental review
moves forward, and today s ruling
does just that.
Pipelines are.the safest wayto
transport oil and gas, and the DAPL
provides thousands of jobs and mil-
lions in tax revenue that our state
and the. Mandan, Hidatsa, and
Arikara Nation rely on to provide
services," said Congressman Kelly
Armstrong. "1 am confident that
when the Army Corps of Engineers
completes their second environmen-
tal review, they will again conclude
that the DAPL is safe and provides
immense value to the people of
North Dakota.
Listen to messages your body sends
We all know the feeling. You ate
too much, and now your stomach is
letting you know about it. Or maybe
you ate some junk food, and now you
don t feel well.
How is it that another slice of
pizza one moment seems like exactly
what we want, but later we realize it
was not what we needed?
In the simplest of terms, it comes
down to hunger and cravings. The
message for hunger is initiated by the
body. When our stomach is empty,
and our blood sugar and insulin lev-
els begin to drop, our bodies release
the hormone ghrelin and send it to
the hypothalamus in our brains re
sulting in a desire to eat. Cravings,
however, are entirely controlled by
our brain. Fatty and sugary foods
help release feel-good opioids and
dopamine in our brains. The message
in this case is a misapplied sense of
reward.
Our bodies, especially the gas-
trointestinal system, respond directly
to what we put into them. Many com-
mon problems like abdominal pain,
heartburn or re ux, constipation, and
diarrhea are often directly caused by
our diet. Other conditions like irrita-
ble bowel syndrome and Celiac dis-
easecan also be-treated :by a change
in diet. Cutting idbwn on processed
meats and processed carbohydrates
may help decrease your risk of colon
cancer.
Thus, when it comes to lling our
hungry stomachs with healthy op-
tions, there are ways to overpower
the feel-good cravings from. our
brains.
First, turn off the TV. Plenty of
studies have shown we eat more than
we ought to with the TV on. That
goes for your phone, too. Second,
slow down. Savor your food. Give
your body time to send the signals
from your digestive tract to your
brain that you ve had enough. Third,
drink water while you eat. Room
DEADLINES
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submitted copy and
stories and all ad
orders is noon on
Fridays. Call
872-3755 or e-mail
goldenandbillings
@gmail.com.
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Free, Free
Free!
Announcements of births,
or announcements of
anniversaries or
engagements that aren't
event invitations, and of
weddings after they have
occurred can be
published freeof charge! E-mail your
announcements, plus an optional photo,
to goldenandbillings@gmail.com, or
send via U.S. mail to Golden Valley
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temperature water is best for diges-
tion. Also, we often misinterpret
being thirsty for being hungry. Hav-
ing a glass of water before you eat
can help satisfy your thirst and help
you eat less. Fourth, eat with some-
one in person, via Zoom or phone
call. When you eat with someone you
are more likely to make healthier
choices and eat slower.
Our bodies know what is good for
us. We just need to understand the
messages. Next time you have a
craving, or think you feel hungry,
rather than automatically eating
more, take time to assess your situa-
tion. If you discover you are tired,
stressed, sad, angry, or lonely, appre-
ciate your new self-awareness and
explore behaviors other than eating
that could better satisfy your needs.
If what you are feeling truly is
hunger, give your body what it really
wants: a healthy diet. ' '
Did you
' know?
The Billings County
Pioneer and Golden Valley
News have shared
advertising and have been
sharing the news for some
of their inside pages for
about 50 years.
This means the coverage of
your ad isn t limited to just
either county! Our primary
coverage area is western
Stark County and west to
the Montana border. It pays
to advertise!