Video: The Liberty Song (The 56 Men)

cross-posted from the Pennsylvania Tenth Amendment Center

According to wikipedia,

“The Liberty Song” is an American Revolutionary War song composed by patriot John Dickinson, the author of Letters from a Farmer in Pennsylvania.  The song is set to the tunes of “Heart of Oak”, the anthem of the Royal Navy of the United Kingdom and “Here’s a Health”, an Irish song of emigration.  The song itself was first published in the Boston Gazette in July 1768.

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States quietly throwing wrenches into health care implementation

James Madison outlined the blueprint states can use to resist unconstitutional federal overreach in Federalist 46.

Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.

It appears state resistance to the Patient Protection and Affordable Care Act could create just the kind of impediments Madison envisioned.

The New York Times reports state lawmakers in New York have managed to block the state from seeking federal grants needed to set up health insurance exchanges. Gov. Andrew Cuomo proposed forming the necessary exchange, and the Democratic Party controlled State Assembly approved the plan, but the Republican controlled Senate refused to take up the measure before adjourning the regular session in June and lawmakers appear in no hurry to return the Albany.

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The Congress shall have power to enforce.

This dreaded clause was placed into the fourteenth amendment which basically destroys a states ability to interfere with the fourteenth amendment since any state law that attempts to do so will simply be overridden by a federal law that was made in pursuance of that particular power. The same clause also exist for amendments thirteen, fourteen, fifteen, eighteen, nineteen, twenty-three, twenty-four, and twenty-six which makes it impossible for states to interfere or legitimately enforce those particular amendments because any federal law that does so would be superior to a state law that attempts to do the same thing. This means that states can’t enforce these amendments in any meaningful way since any federal law that does so would override any state law made with the same power and this may seem like an argument against state nullification but it actually provides the strongest justification for state nullification.

When the people who wrote those amendments gave that power to the federal government they established that the power to enforce the constitution legislatively does exist. It can not be denied that such a power exists because it is plainly written into it so the only question left is who has that power. Is it the states or the federal government? It is clearly given to the federal government for those amendments listed above but where it was not delegated to the federal government it is squarely reserved to the states. The federal government only has the power to enforce those particular amendments but where that power was not delegated to the federal government and/or where it is not prohibited by the constitution then that power rightfully belongs to the states. The power to enforce the constitution has not been denied to the states by the constitution and the federal government only has that power for a few sections of the constitution which means that under the tenth amendment states have the legal ability to enforce the constitution where it has not been granted to the federal government.

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Tenth Amendment PowerPoint

cross-posted from the Pennsylvania Tenth Amendment Center

I was pleased to deliver the presentation below to the Philadelphia Tea Party Patriots of Central Montgomery County on Thursday evening (September 8, 2011). It was encouraging to see this group in action, with it’s focus on the core issues of Fiscal Responsibility, Constitutionally Limited Government and Free Markets. Central Montgomery County is one of the areas in Pennsylvania with its own unique Tenth Amendment history.

We would like to say “Thank you” to the group and its leadership for the opportunity to visit. You can use the contact page to get in touch with us about speaking to your group.

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No Additional Subsidies for State & Local Governments

Obama’s new jobs plan contains additional subsidies for state and local government, including money for school construction.

My colleagues Adam Schaeffer and Andrew Coulson have explained that money to build schools is one of the last things that the government school system needs (see here and here). There will probably be money for “hiring teachers” and other targets that the administration thinks will play well with the electorate – not to mention government employee unions.

The electorate – and reporters covering the president’s plan – should understand that subsidies to state and local government have gone through the roof since 2000:

A Cato essay on federal aid to state and local government explains why these subsidies should be abolished, not increased. The following are five fundamental reasons:

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The Endangered Species Act Strikes Against the Constitution

The first of the 5 international and UN treaties that the Endangered Species Act is based on is the Migratory Bird Treaty Act of 1918. The federal government used the Commerce Clause to usurp authority over hunting, but this was an overreach of power, so some states opposed the federal government and won their case…

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Politicians: Say one thing, do another

Florida Is Suing over Obamacare with the Right Hand, and Taking Money from it with the Left Hand

So, Florida is suing over Obamacare’s individual mandate BUT taking money from the program just the same.  So, does the State believe only the individual mandate portion is illegal, or does it believe that the federal government does in fact aside from the individual mandate, have the right to provide national health care.?

SB736 was the first bill signed by then new Governor Rick Scott amid much ballyhoo of holding teachers accountable. Truth be told, this bill put us in compliance with Obama’s Race to the Top educational stimulus funds program. You can see this for yourself at:http://www.flsenate.gov/Session/Bill/2011/0736/Analyses/muFTDvHr0Q73q2juitoddnRzzqw=%7C7/Public/Bills/0700-0799/0736/Analysis/2011s0736.bc.PDF Notice that Race to the Top is referenced eleven times in the Florida Senate’s own analysis.

What is the outlook for LIBERTY in the upcoming Florida session? Based on acceptance of Obamacare monies and additional RTTT funds, we would think not very good. While the Governor and Legislature may talk a good game of not wanting the Feds in their business, the reality is, they will do what they need to do to get the money. Including head fakes to those of us who have asked for the passage of LIBERTY legislation.

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Yes, the Department of Education Is Unconstitutional

by Adam Schaeffer – originally posted at Cato-at-Liberty Tina Korbe at HotAir had a mostly-great post on Michele Bachmann’s completely correct observation that the federal government is not authorized by the Constitution to muck about in education. Specifically, Bachmann said, “[T]he Constitution does not specifically enumerate nor does it give to the federal government the role and duty to…

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We CAN stop Agenda 21. Here’s How…

Agenda 21 is a serious threat to the American system.  It is an amalgamation of socialism, extreme environmentalism, anti-Americanism, and anti-Capitalism.Thomas Jefferson and James Madison provided us with the solution to such unconstitutional plans: Nullification.  On October 22nd in Jacksonville, you’ll be able to learn, amongst other things, how you can stop Agenda 21 in your state, in your community – with the founders plan – Nullification.

Get all the info here:
http://www.nullifynow.com/jacksonville/

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Barack Obama signed his 86th executive order (13575) on June 9, which established the White House Rural Council (WHRC). According to The Blaze, the Executive Order seems to be in line with the United Nations radical Agenda 21, as it is designed “to begin taking control over almost all aspects of the lives of 16 percent of the American People.”

The mission and function of the White House Rural Council, according to the Executive Order, is as follows: “The Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations to promote economic prosperity and quality of life in rural America, and shall coordinate my Administration’s engagement with rural communities.”

The order doesn’t at all camouflage the levels of authority it will achieve. In order to reach the mission set out, the Executive Order states that the council will “make recommendations to the President, through the Director of the Domestic Policy Council and the Director of the National Economic Council, on streamlining and leveraging Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create economic opportunities to improve the quality of life in rural America.”

WHAT DO WE DO ABOUT IT?

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Hooey That’s a Hoot

by Becky Akers, LewRockwell.com I constantly marvel that a free pass to sexually assault 1.8 million passengers daily doesn’t sufficiently occupy the Transportation Security Administration (TSA) to keep it from further lunacy. But no. John “The Perv” Pistole, TSA’s “Administrator,” has decided its notorious blue gloves and brown-sorry, blue shirts aren’t uniform enough. So, “as…

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