The Department of Education Has Failed

cross-posted from the Nevada Tenth Amendment Center Why do public schools spend millions of dollars designing, implementing, and evaluating high-stakes accountability tests?  Why is the 650-plus page No Child Left Behind Act shamefully 43 times larger than the Constitution only to impose exceptionally burdensome regulations on states, districts, and schools?  Why is it that the Department of…

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Congressmen File Lawsuit To Stop Obama’s Violations Of War Powers Act

House Speaker John A. Boehner, warned President Obama on Tuesday that unless he gets authorization from Congress for his military deployment in Libya, he will be in violation of the War Powers Resolution.  If you are asking yourself, “What?  Did he say Obama will be in violation?” you are not alone.   It is true that the War Powers Act of 1973 states the president may not send troops into combat for more than 90 days total, without the express consent of Congress, but it also says that  the president would have had to seek authorization from Congress within 60 days from the initiation of the military action.  That deadline came and went and not one did anything.  The message was sent loud and clear; Mr. Obama can act like a dictator and Congress is not likely to stop him.   Now, many are scratching their heads wondering what Boehner intends to do when Obama ignores or sidesteps yet another idle effort at getting him to follow the Constitution.   In his letter, sent Tuesday afternoon, Mr. Boehner, said Mr. Obama must provide a clear justification by Friday for committing troops to Libya. Sunday marks the 90th day since the military involvement was initiated by the president.

The fact of the matter is that President Obama would not be in violation of the law as of Sunday, he has been in violation of the law, and of the Constitution for quite some time just on this issue alone.  Article I, Section 8 of the Constitution expressly requires the authorization of Congress before a president can commit the nation to war.  This means that a president cannot engage the nation’s troops in military action and then a few weeks later simply notify Congress about it.  There is a difference between letting someone know and asking permission.  Either way, many suspect that most members of Congress for whatever reason lack what it takes to require the president to comply with the law of the land.

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A President That Ignores the Law Is a Dictator

Our Founding Fathers carefully drafted the Constitution and defined that the power to declare war properly falls in the hands of Congress.  This was no accident.  The creators of this country understood that such a power cannot and should not rest on the shoulders of one single man. They understood that the power to wage war is a serious one and that for the safety of the American people the power to declare war must carefully depend on the discretion of many, not on the whims of one.   Some argue that the president is the head of the military and therefore should have the authority to declare war as he sees fit.  This argument is not only absurd but unconstitutional.  Our nation is founded on the safety of separation of powers.   Giving blind authority to one man means abandoning the principles of representative government.

Several presidents have ignored the constitutional provision and have initiated military force without consent from Congress.  After America endured the war in Vietman, the longest military engagment ever suffered by the American people, without so much as a declaration of war,  it became clear that American presidents must be limited from blatantly ignoring constitutional provisions. The War Powers Act of 1973 specified that a president could not send military forces into action for longer than 60 days without congressional approval. The requirements were clear. The president  can only initiate military actions if Congress has declared war, if Congress has approved use of military force or if there is imminent danger. 

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Help Reclaim Nevada’s Sovereignty

“The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

By stating the above in Federalist No. 45, James Madison memorialized the intent of the Founding Fathers of establishing a government that would not be afforded powers which could prove dangerous to the authority of the states.

The usurpations that the federal government has committed against the states have been so numerous and so frequent, that the American public has become desensitized.  The situation has degenerated to the extent that some are even surprised when reminded of the fact that it was the states that created the federal government, not the other way around. The central government was formed by sovereign states to act as their agent to carry out only such tasks as it was entrusted to perform by its creators.

When the original thirteen colonies declared independence from Britain, they declared that each was a free and independent state with full and separate power to levy war, conclude peace, contract alliances, establish commerce and do all other acts which independent states may of right do.  In the Treaty of Paris, which marked the end of the American Revolution, Britain acknowledged each of the thirteen colonies to be a free, sovereign and independent state. Each state was specifically mentioned as a sole and separate, sovereign entity.  These sovereign independent bodies later joined to facilitate coexistence and commerce, creating as their agent, a central government.

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Obamacare Is Making Us Ill

cross-posted from the Nevada Tenth Amendment Center

It doesn’t take a genius to realize that the Obamacare plan violates the Constitution.  What most Americans don’t realize is that it violates it on so many levels.

The average person can clearly see that the federal government does not have the power to force citizens to buy commercial products, such as health insurance, against their will.  But what most don’t see are the hidden violations of multiple constitutional provisions that are necessary to make this plan a reality.  Facing a Democratically-controlled Senate, Republicans in the House of Representatives have vowed to defund the program if necessary.  However, this is not as easily done as it may appear.

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