Federal Court Makes Rare Ruling in Favor of the 10th Amendment

A Federal Judge today ruled in favor of the Tenth Amendment, which is an unusually rare result. What was the issue? DOMA and gay marriage. From the WSJ blog:

U.S. District Judge Joseph Tauro ruled that the federal Defense of Marriage Act, which prevents the federal government from giving pension and other benefits to same sex couples, is unconstitutional, reports the Associated Press.

Tauro wrote that the 1996 law ran afoul of the Constitution’s Tenth Amendment. “The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and in doing so, offends the Tenth Amendment,” Tauro wrote.

The problem, though, is that they don’t apply this same principle to everything. They should – and need to.

A few quick points.

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Many and Vague

Here’s a letter to USA Today by Don Boudreaux: Sandra Day O’Connor and George Nethercutt are correct that too many Americans lack sufficient understanding and appreciation of U.S. history and of the meaning of this nation’s founding documents (“Celebrate America by learning about her,” July 3).  In no group of Americans does this ignorance run more…

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Courage

To act, despite danger or disapproval.  Works for me.

Taking action in the public arena and stand by it during the onslaught also displays character and leadership.

The chance that a politician will show courage is remote.  Voter disapproval is death to them.  Put that together with a society that has gradually come to accept a big government that attempts to provide basic needs,  and you get politicians that go along to get along.  See my earlier post, “How did we get here?”

Politicians would never speak out against the dependencies that big government creates.  In fact, most of them prefer it.  The dependencies give them control over the lives of those whose dignity has been taken, and control over the money that has been taken to fund it.

This is our status quo, brought on by the unchecked ambition for power of the central authority.  It’s time to check the power.  This will take courage.

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Media Alert: Nullification on Fox Business tonight!

Jim Babka, president of DownsizeDC, and featured speaker at NullifyNow Orlando, will be appearing on Fox Business tonight. The topic? Nullification and the Nullify Now tour! From the Downsize DC dispatch: This issue and interview provide us with the first opportunity to announce that Jim Babka will be participating in at least one stop, and…

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McDonald v. Chicago: The Great Misunderstanding of State Sovereignty

One of my highly-esteemed colleagues, Wilton Strickland, who is an author, columnist, attorney in Florida and Montana, magna cum laude graduate of the college of William and Mary law school and a fond friend of liberty accurately described a major problem in America relative to restoring freedom in the States in his recently-released article entitled, Staying Away…

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Nullify Now! Tour Coming to Chattanooga

The Tenth Amendment Center will be bringing its Nullify Now! Tour to Chattanooga on Saturday, October 23. Nullify Now! will feature a variety of speakers on nullification, the Constitution, and the Tenth Amendment including: Michael Boldin, Founder of the Tenth Amendment Center and Jack Hunter, Radio Host and Political Commentator. More speakers will be announced…

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