Advice to the Governor-Elect in South Carolina: Read the 10th Amendment

South Carolina Governor elect Nikki Haley had a few challenging questions for the President during her two day visit to the White House.

It was extremely discouraging in my opinion as I read the quotes attributed to her; “In an exchange recounted by Haley and confirmed by White House aides, Obama rejected Haley’s request to repeal the health care bill – but said he’d consider letting states opt out of its mandates if they ran exchange programs, banned insurance firms from denying coverage of pre-existing conditions and enabled people to pool together for better rates.”

“I asked him if the state of South Carolina gave solutions, so we’re not just saying no, would he allow us to opt out or allow any other state to opt out should they choose,” Haley said. “He said that he would consider an opt-out provision if it contained three clauses.”

News for both the president and governor elect; read the Tenth Amendment of the Constitution.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”

And while you’re at it, find the enumeration that gives the Federal government the authority to force Americans to carry health insurance.

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Where’s the Line?

A simple question each of us needs to learn.  As Ken Ivory (UT-HD47) has stated, “I don’t have all the answers but I have a really good question, where’s the line?”  We just came from a presentation by Mr. Ivory and he is creating a ground swell of excitement here in Utah that will be spreading across the country and you can help!  As a matter of fact this is so simple to grasp and powerful to enact you will want to help.

Anyone investing a few minutes to read this knows the 10th Amendment.  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  In his new booklet Mr. Ivory talks about the foundations of our “Compound Republic” and it is built upon a vertical separation of powers even more important to our preservation than the horizontal separation most were taught in 8th grade civics classes.  “The founders of this nation understood that it is the nature and disposition of men and governments to amass and consolidate unbridled power and control, or, in their words, tyranny.” (Ivory, p. 1)  The basic roots of Federalism, that unique grand experiment formed by our U.S. Constitution, has a line drawn between two governments, the State and General government levels.

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State Legislators, the Time to Act is Now

The following was an email we sent to each legislator in Indiana this week.


Dear Legislator,

The 10th Amendment codifies in law that We the People of the several states created the federal government to be our agent for certain enumerated, or listed, powers – and nothing more.

The essential question of our day, though, is this – when the federal government violates these limits, what do we do about it? Remember the words of Thomas Jefferson who reminds us that the States are“the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies.”

The question remains – what do we do about it?  Jefferson again gave us the answer.  In 1798 he wrote that “whensoever” the federal government “assumes undelegated powers,” that a “nullification of the act is the rightful remedy.”

Notice that Jefferson didn’t tell us that a nullification of the act is a “good idea” – or that we should first try federal lawsuits or wait for the next election cycle.  He said, in fact, that every time Congress exercises powers not delegated to it – every time – it must be resisted on a state level.  Thus, when states like Indiana pass laws to reject unconstitutional federal “laws” – this is not rebellion – it’s duty.

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