Ideology vs. The Constitution

I’d like to clarify our role here at the Tenth Amendment Center.  We are many times falsely referred to as a “Libertarian Think-Tank,” but this is a somewhat false assertion. The Tenth Amendment is a non-partisan rule of construction. It simply asserts what the Federal govt. is allowed to do, (and for the most part – what the statesare allowed to do).  Thus, it can just as easily be cited to justify a state’s desire to legislate auto emissions as it would be to assert 2nd Amendment rights amongst conservatives.  It can just as easily assert the right to death “with dignity,” or to recall the State National Guard as to assert healthcare freedom.

So, when we evaluate the “Tenth Amendment movement,” we need to keep in mind that what we think of the Tenth is by extension what we think of the Constitution.  If we are to disparage local control via the Tenth, we need to question our very charter as a nation. What the Tenth Amendment is essentially saying is that small communities across the nation have a right to govern themselves (or ourselves) in a manner that, to us, seems most likely to protect our inalienable rights, as are mentioned in the Declaration of Independence.

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More Letters to Send in Support of Obamacare Nullification

Here are more model e-mails in support of Obamacare nullification.  If you need help finding your State Legislator, you can look for them at this link http://www.leg.state.or.us/findlegsltr/ Just enter your zip code and all of your representation (both Federal and State) will come up.  The committee members you are trying to reach are on this post…

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My Prepared Testimony in Favor of the Oregon Firearms Freedoms Act

Here is the Testimony I am sending to the House Judiciary committee, I would encourage you all to send similar testimony to the same.  The email addresses are annola.dejong@state.or.us, as well as all the addresses in this piece I put out earlier http://oregon.tenthamendmentcenter.com/2011/02/hb2796-oregon-firearms-freedoms-act-to-do-list-revised/ .  Remember the members on this committee should be hearing from us often.  Once you have sent testimony, send emails, and call as well.

Distinguished Sirs/Madams,

I am writing to you in the hopes that you will pass the Oregon Firearms Freedoms Act.  The Federal govt. only has the authority contained in the text of the U.S. Constitution.  This plain fact is affirmed not only by the text of the document, but also by the quotes of the Founders at the ratifying conventions.  The fact that other versions (the “Virginia” Plan) or amendments (proposed by Madison),  which would have enlarged those powers, were specifically rejected.  The Tenth Amendment caps the powers of Congress, as those powers delegated – and reserves all powers not delegated  to the Federal govt., nor forbidden to the states, to the states (or to the people).

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Action Alert: SB498 Obamacare Nullification may not even get a Hearing in Oregon

I went to Salem with Art Crino (from 912) today to discuss sb498 (obamacare nullification) http://www.leg.state.or.us/11reg/measures/sb0400.dir/sb0498.intro.html and the feeling we got from the members of the Healthcare committee was not good. One member even confided in us that he did not even think it would come up for a hearing in committee (much less make…

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The Supremacy Clause Tutorial

Oregon 912 is giving brief tutorials on misunderstood, and abused portions of the US Constitution, and I have been asked to create some indepth discussion materials for those interested, here is the 1st article on the Supremacy clause:

The Supremacy Clause

The U.S. Constitution was written precisely, and gives the Federal government “supreme” power in all laws made in pursuance of it.  This power is granted in the “Supremacy” Clause. This clause reads: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwith-standing.

I would like to call attention to the bolded part -“in Pursuance thereof.” This is the key to understanding which laws are supreme, or not.  In order then to determine whether or not laws are “supreme,” we need to determine if they are indeed in pursuance of the Constitution.  To do this, we first need to understand how the Constitution gives powers to the Federal government, as well as which of the powers it reserves for the states.  The best description of this is in Federalist 45, when James Madison (the Father of the Constitution) said : “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.”  How do we know what the “few and defined” powers are, you ask?

You have to look in the Constitution itself.  In Article1 Section8, the Constitution lays out a majority of the powers given to the Federal government.  More are given throughout the document, but an important thing happens once you reach 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.”  To paraphrase, this Amendment says that any powers which have not been expressly granted, have been expressly denied to the Federal govt.  In a nutshell, this means we need to find the power in the Constitution in order for a law passed by the Feds to be “in pursuance thereof” of the Constitution.

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Oregon HJM16 10th Amendment Resolution To Do List

HJM16 10th Amendment ResolutionTo Do List:

http://www.leg.state.or.us/11reg/measures/hjm1.dir/hjm0016.intro.html

the 10th Amendment Resolution  goes to the house judiciary first. Here are the email addresses/phone numbers for all of the members of that committee, they need to hear from us.

name                                                     e-mail                                                                                  phone number(s)

Representative Matt Wand    rep.mattwand@state.or.us                                              503-986-1449

Representative Andy Olson   rep.andyolson@state.or.us                                  541-967-6576/503-986-1415

Representative Carolyn Tomei     rep.carolyntomei@state.or.us                   503-653-5180/503-986-1441

Representative Chris Garrett          rep.chrisgarrett@state.or.us                     503-210-2474/503-986-1438

Representative Gene Whisnant      rep.genewhisnant@state.or.us                                    503-986-1453

Representative Jeff Barker               rep.jeffbarker@state.or.us                                            503-986-1428

Representative Mary Nolan             rep.marynolan@state.or.us                       503-221-4999/503-986-1436

Representative Mike Schaufler       rep.mikeschaufler@state.or.us                 503-760-4446/503-986-1448

Representative Wally Hicks              rep.wallyhicks@state.or.us                                           503-986-1403

Representative Wayne Krieger        rep.waynekrieger@state.or.us                  541-247-7990/503-986-1401

Aside from calling/writing/emailing these people frequently letting them know you support this important legislation and you want them to move it to the floor for a vote,

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A Very Important Fork In The Road

First, let us reflect on how far we have traveled. Over the last two years, we have gone from complaining about how the Government is rewarding failure with the bank/auto/insurance/mortgage bailouts, to marveling at the absurdity of the “change” being perpetrated upon the nation. We have remarked on the habit of our current President continuing…

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Is It Time For Breast-fed Babies like S. Korea To Grow Up?

International affairs have been dominating our news coverage as of late. So of course, multiple discussions have been going on just next door from here, at Facebook. I was about to jump in to the discussion myself, when I saw a comment that immediately jump-started the rusty gears of thought to begin cranking in my…

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Hope and Change Indeed, Thank You Mr. Obama

After two very memorable years, we should all give thanks to the very unlikely hero. President Obama set out to change America in a fundamental way and he succeeded in very spectacular fashion. The magnitude of the changes are just now beginning to be felt, but I think the ruling elite in America have finally…

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