In 1788, during New Hampshire's ratification convention, a concerned people said "amendments AND alterations in the said Constitution would remove the fears and quiet the apprehensions of many of the good People of this State and more Effectually guard against an undue Administration of the Federal Government. The Convention do therefore recommend that the following alterations and provisions be introduced into the said Constitution: (among them) First That it be Explicitly declared that all Powers not expressly and particularly Delegated by the aforesaid Constitution are reserved to the several States to be, by them Exercised." The Ninth and Tenth Amendments, which mean virtually nothing now, were added to our Constitution in response to these fears.

While members of Free State Project have not proposed it, I would imagine that if New Hampshire's elected representatives couldn't successfully negotiate with the U.S. Congress to obey the Constitution, the only other alternative would be that of making a unilateral declaration of independence and go our own way just as our Founders did in 1776.

Many people might argue that it's the U.S. Supreme Court that decides what is constitutional or not. Here's what Thomas Jefferson said about allowing the Court to hold a monopoly on the interpretation of the Constitution: "... the opinion which gives to the judges the right to decide what laws are constitutional and what are not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch."

The history of the Court, not to mention last week's decision on the constitutionality of the McCain-Feingold campaign finance reform that attacks free speech, is proof that Jefferson was right and Alexander Hamilton wrong in his Federalist Paper No. 78 prediction that the judiciary would be the "least dangerous" branch of government.