Are the Supremes Really Supreme?

cross-posted from the Tennessee Tenth Amendment Center

On our June 13 episode of TRX: Tenther Radio, one of our listeners asked a great question.  While I partially answered it on the air, I wanted to further answer the question posed by Darold in Tennessee.  His question was:

“I talked to an attorney recently about the 10th Amendment: It was his opinion that the States can do what they will, but it is up to the US Supreme Court to determine whether the States have the power to do what they are attempting.  Like Real ID, medical marijuana, Firearms freedom acts, Health Care Freedom Acts. Does the US Supreme Court have to rule on the above examples or not?  I’m thoroughly confused.”

The first part of the problem is that he’s talking to someone who is J.D. impaired.  Lawyers are not taught the Constitution in law school, they are taught case law.  The two don’t always jive. In fact they rarely do.


When Will Free Speech Be Free?

by Nick Dranias, Goldwater Institute

You know things have gotten out of hand when a government agency can’t figure out its own rules. The Federal Election Commission recently was unable to give a grassroots group clear guidance on whether its proposed political advertisements concerning health care, regulatory, and fiscal issues were regulated under federal elections law.

The group gave the Commission 11 proposed political advertisements for the presidential election season to review. In response, the Commission reached split decisions on two different draft opinions and then finally agreed upon a third opinion which declared that it could not reach a decision on whether five of the 11 advertisements were regulated under federal campaign finance laws.

The Federal Election Commission seems to be trying to dance around, or even ignore, the U.S. Supreme Court’s recent free speech ruling in Citizens United. The central principle enforced in Citizens United is that the First Amendment means what it says — “Congress shall make no law . . . abridging freedom of speech.”

Justice Anthony Kennedy emphasized in his opinion that there is no such thing as an insignificant denial of free speech. The opinion also underscored that the First Amendment is violated when complex campaign finance laws force people to hire lawyers and accountants before they can safely spend their money to engage in protected political speech.


An interview with Tom Davis, author of “Georgia Burns”

Cross-posted from Missouri Tenth 

Missouri Tenth: Thank you for agreeing to talk with Missouri Tenth about your book “Georgia Burns”. Could you tell us a little bit about yourself, your interest in writing, and what inspired you to write this book?

Tom Davis: My name is Tom Davis, most call me Tommy. My wife Angie and I live in Southeast Georgia. We have four grown children. I am a bi-vocational businessman and Baptist pastor.

I have been interested in writing since I was in high school. It was about eight to ten years ago that I started putting down on paper some ideas for a political thriller. I first came up with a major action scene which takes place aboard Air Force One. The President of the United States attempts to land at the airport in Atlanta but is turned away by the Governor of Georgia! This gives rise to a crisis of authority on board between the President and the Secret Service. A fighter-jet flying in escort of AF1 mysteriously explodes mid-air. From that beginning I added fast moving chapters that feature story lines such as economic collapse, war with Iran, the lost ‘Tybee Bomb,’ riots in major American cities, Islamic terrorism, militia risings; all inter-woven around the central plot of a serious struggle between the President and the Governor of Georgia. Everything is fiction, but it feels like it could all happen tomorrow.

Missouri Tenth: Considering there might be aspiring writers out there who have been frustrated with getting their work published, do you have any suggestions for them based on your own process of writing and publishing?

Tom Davis: In terms of getting published, for this book I chose to self-publish They are connected to, and make it easy. Just upload your material and some cover art and they will print you a ‘proof’ paperback copy of your book for just a few bucks. You can make corrections if you like, then order as many or as few copies as you wish. It is ‘print on demand,’ and works great for new authors. All my advertising has been word-of-mouth and on the internet. Larry Pratt of Gun Owners of America has also helped advertise the book.

Missouri Tenth: Writing a book can be a huge project, that often requires extensive research into a variety of subjects. Do you have any interesting (or humorous) stories in the researching and writing your book that you’d be willing to share?

Tom Davis: A political thriller can require a lot of research, and I found myself writing the book while at the time jumping over to the internet to read up on anything from the inner workings of a jet engine to the H-Bomb that was lost off the coast of Georgia back in the 50′s. Every aspiring writer needs to remember to pay attention to detail and write so that the reader will see the action in their mind’s eye as they read.

Missouri Tenth: The reason “Georgia Burns” caught our eye here at Missouri Tenth, is that this appears to be a fascinating introduction to a series that possibly utilizes the power of storytelling to help educate on a variety of issues. Did you write this book with that intention in mind? If so – could you tell us about what you hope people learn from your series?