Author Archive | Josh Eboch

Rand Paul Reads TenthAmendmentCenter.com

Or, at least, we think alike.

The junior Senator from Kentucky recently said that to believe in a ”right” to health care one must support slavery:

I’m a physician. That means you have a right to come to my house and conscript me. It means you believe in slavery.

He’s right of course. As I pointed out nearly two years ago, it is impossible for government to grant a positive right, like health care, to anyone without first taking the good or service it is granting away from someone else, like a doctor.

As I said then

Whether by forcibly appropriating and redistributing the money to purchase care for those who lack it, or by arbitrarily devaluing the time and effort of those who provide it, once a government mandate supplants voluntary exchange, coercion must be used to exercise that “right” to health care.

But how can taking what belongs to another person (their money, time, or effort) through legislative force be a right?

Is that not the very essence of slavery?

It is, and it’s nice to see someone as prominent and influential as Rand Paul has the guts to say it.

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New England Nullification Movement Grows

Back in March, the town of Sedgwick, Maine courageously voted to nullify certain unconstituional federal regulations dealing with local food production.

The ordinance was passed in response to S.510, the odious Food Safety and Modernization Act, written by agricorps like Monsanto to put their smaller competitors out of business, and passed by Congress under the cover of darkness on Christmas Eve last year. 

The Sedgwick ordinance stated in part that

“Sedgwick citizens…[may] produce, process, sell, purchase, and consume local foods of their choosing,”

and declares that

“It shall be unlawful for any law or regulation adopted by the state or federal government to interfere with the rights recognized by this Ordinance.” 

As I pointed out in March:

This is so basic and yet so revolutionary.

In these days when petty tyrants seem to be at the helm of every government agency, imposing their arbitrary and destructive will upon a cowering citizenry, it is refreshing to know that there are still people with the courage and capacity to stand up and say “Not in our town.”

Now another town has joined the fight.

Voters in Blue Hill, Maine have adopted a similar ordinance to protect their own local food producers.

Nullification, the legal and moral equivalent of peaceful non-cooperation, marches on as more and more Americans discover that tyranny cannot exist without the people’s consent.  

h/t LRC

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Oklahoma governor puts taxpayers’ money where her mouth is

Oklahoma governor Mary Fallin just set an important precedent. By rejecting $54.6 million in federal money to begin implementation of ObamaCare, the governor has firmly set herself against the unconstitutional law and with the citizens of her state.

From Fox News:

To make it clear Oklahoma will develop its own plan, the state will not accept a $54.6 million federal grant for setting up a system where Oklahomans could shop for health insurance, Gov. Mary Fallin said Thursday.

Fallin said the state instead will use state and private money to form the system.

This is a step that advocates of nullification in many states have long sought. After all, it’s pretty obvious that threats of non-compliance with the feds are empty to the point of pathetic when state budgets still depend on grants of federal money (which is siphoned from their citizens to begin with).

However

Fallin’s announcement reverses her decision two months ago to accept the federal money.

Obviously the governor is bowing to some form of public pressure. In this age of  rampant and flagrant TSA molestation, it’s nice to see that pressure can still occasionally be successfully applied to public servants.

Perhaps other states whose legislatures have passed a version of the Health Care Freedom Act should consider following Oklahoma’s example.

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Who’s the real hypocrite?

Some guy named Doug Thompson took a cheap shot at Ron Paul recently in an incoherent article titled “The Constitutional hypocrisy of Ron Paul.” From what I could gather, Thompson’s claim is that Ron Paul supports nullification and the 10th Amendment, therefore Ron Paul is a racist because a document published in 1956 called the Southern Manifesto once alluded to nullification.

No mention of the Virginia or Kentucky Resolutions, or of Thomas Jefferson. Continue Reading →

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New England Nullification Tradition Marches On

Though many living in New England today might be loathe to admit it, there is a long history of nullification being used in the region to defy unconstitutional federal edicts. This week, the town of Sedgwick, Maine voted to carry on that proud tradition by nullifying certain federal agricultural regulations.

They did so through what might be the most legitimate form of democratic expression left in America: the New England town meeting. (Which have been held in the Sedgwick town hall since 1794.)

According to one report, the residents of Sedgwick voted to enact a law that not only permits

“Sedgwick citizens…to produce, process, sell, purchase, and consume local foods of their choosing,”

but declares that Continue Reading →

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South Carolina reps see the light on Commerce Clause

Two state representatives in South Carolina are pushing back against a federal ban of incandescent light bulbs set to begin in January of 2012. There is no constitutional authority for Congress to impose such a ban on the citizens of the several states, and it’s nice that South Carolina noticed.

From NetRightDaily:

“State Representatives Sandifer and Loftis are taking the lead in protecting the rights of South Carolina consumers, who don’t want the federal government telling them which light bulbs they must use,” Bill Wilson the President of Americans for Limited Government said.

“The basic concept of the bill is to allow the citizens of South Carolina to be able to continue to buy incandescent light bulbs,” said State Representative Bill Sandifer, Chairman of the House Labor, Commerce and Industry Committee.

“It is my strong belief that the feds have overstepped the Tenth Amendment, and now are venturing into telling us what kinds of lighting we can have in our homes,” Sandifer added.

Their bill (H. 3735) is essentially a version of the Firearms Freedom Acts and Intrastate Commerce Acts that have been popping up all over the country. Essentially, any light bulb manufactured and sold exclusively in South Carolina would not be subject to federal regulation.

Which is already the case, but it never hurts to repeat the obvious for emphasis when dealing with a government as corrupt and insular as the one in Washington, D.C.

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Supreme Court gets the Constitution right, for once

In an overwhelming 8-1 decision, the Supreme Court has ruled in favor of the odious Westboro Baptist Church and the First Amendment. That is, the amendment which protects ALL speech, not just politically-correct, state-approved speech.

Bravo. The nine highest-paid federal judges in the land have proved themselves capable of comprehending the plain language of the Constitution.

Why then,  we tenthers wonder, is the Supreme Court so unable to comprehend the language of other amendments like, say, the 10th?

Could it be because “granting” political protesters the right to say offensive and unpopular things in public actually increases the perceieved power and stature of the Court?

Yes, peasants, you may rabble-rouse and shout yourselves hoarse, stirring up distraction and division, but attempt to assert that there are absolute limits to the power and authority of the central government, and you will find the Constitution, to us, is really nothing more than a piece of paper.

Need we remind you of Gonzales v. Raich?

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VA Senate Kills Intrastate Commerce Act Without a Vote

Another year, another trip to the Senate Death Star for the Intrastate Commerce Act (HB1438). Without even recording a vote, the elected “representatives” on the Senate Commerce and Labor Sub-Committee #1 left Virginia residents and businesses exposed to the economic and regulatory ravages of every federal agency from the EPA to the FDA to the BATF.

When will enough be enough for Virginia voters? Statewide elections in November…

Members of the C&L Sub-Committee #1 (who should be retired to private life in 2011)

Sen. Richard L. Saslaw (D) (804) 698-7535 district35@senate.virginia.gov (chairman)
Sen. John S. Edwards (D) (804) 698-7521 district21@senate.virginia.gov
Sen. A. Donald McEachin (D) (804) 698-7509 district09@senate.virginia.gov
Sen. Thomas K. Norment, Jr. (R) (804) 698-7503 district03@senate.virginia.gov
Sen. John C. Watkins, (R) (804) 698-7510 district10@senate.virginia.gov

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How to worship the State on Presidents Day

By Robert Higgs:

Great Leader, who art in Washington,

Hallowed be thy name.

Thy empire come,

thy will be done,

on earth as it is in the Oval Office.

Give us this day our daily dole.

And forgive us our late tax filings,

as we forgive the IRS for refunding our overpayments without interest.

And lead us not into temptation,

but deliver us from the DEA.

For thine is the federal prison system, the FBI, the military, the CIA, the regulatory agencies, the Surveillance State, and all the rest of the tyrannical apparatus under which we groan, not to mention

the power and the glory,

for ever and ever (unless justice is done sooner).

Amen.

(h/t LRC)

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Virginia Blogger Calls Tenthers “Intellectual Boobs”

Dan Casey of the Roanoke Times recently embarrassed himself with a juvenile, ad hominem attack on the Tenth Amendment movement titled “The Whole Tenth Amendment Business is Dumb and Crazy.”

While it’s unclear whether Casey actually expected his “arguments” to be taken seriously, it is clear that he cannot make his point through the use of logic or fact. Therefore, Casey’s piece is chock full of historical inaccuracies, mis-characterizations and outright falsehoods regarding the original intent and meaning of the Constitution.

So many, actually, that I cannot list them all here. However, I did respond point by point in a piece of my own to be published soon.

Here is a sample: Continue Reading →

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