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Religious Nullification – Part I – HHS Mandate

By on April 25, 2012 in Commentary, Government, Health Care, Nullification, Uncategorized

For the better part of a year, I have personally wanted to start a series on the religious history of Nullification, both in America and worldwide, even before the beginning of America and in some cases before the existence of Christianity. The recent showdown over the US Bishops and the Obama administration over the HHS mandate regarding abortion and contraceptive funding in health insurance plans has opened up that door with a modern day example.

While the Catholic Church has been the most visible player on this issue, Orthodox Christian, Protestant and Jewish leaders have voiced their solidarity with the Catholic Bishops in their opposition to the HHS mandate.  There were also examples in my research of Muslim leaders joining in interfaith protests against the mandate, and brief mentions in the media of Muslim organizations joining in, but I personally found little on Muslims generally supporting or opposing the mandate.

While perhaps not every Tenther is opposed to abortion and contraception, to force religious employers, or even non-religious employers whose personal convictions forbid one from paying for things that conflict with their conscience, is a clear violation of the First Amendment, and unjust in general.

One’s religion is much more than what one does for an hour or two on Sunday, Saturday or any other day of the week. Most religions have rules governing not just how their adherents worship, but also how they carry themselves in day to day life. And in some cases, the violation of some of those rules results in de facto and/or public excommunication from that religion. Continue Reading →

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A Question of Supremacy

By on April 10, 2012 in Big Government, Commentary, Constitution

In the latest attack on States passing resolutions or bills they perceive as unconstitutional actions by the federal government, Benjamin Wittes article Does the Virginia Federal Assembly Understand the Supremacy Clause in LawFare state, “I’ve been doing my best to ignore to the hysterical, paranoid, delusional howls of rage on both the Right and the Left about the NDAA, but they are starting to reach critical mass in a way that one ignores at one’s own peril.”

What seems to have prompted this article was the recent passage by Virginia of a bill stating that officials of Virginia would not comply with Articles 1021 and 1022 of the NDAA passed by Congress which does not exclude citizens from possible arrest and indefinite detention by the Military on orders of the President.  He goes on the state, “I have one question about this bill—which passed the House of Delegates on 96-to-4 vote and passed the Senate on a 38-to-1 vote: Do any of the members who voted for it remember that the federal Constitution contains a Supremacy Clause—which elevates an act of Congress just a wee bit over ‘any regulation of the Virginia Administrative Code’?”

His argument seems to be based solely on the Supremacy Clause in the United States Constitution which states;

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, anything in the Constitution or laws of any State to the contrary notwithstanding. (Emphasis added)

Since the “Supremacy Clause” is used to justify numerous actions by the federal government and to oppose any assertion by the states that they could nullify those actions then let’s focus solely on that argument. Continue Reading →

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Virginia Taking a Stand Against EPA

By on February 9, 2012 in Announcements, Commentary, Federalism, Liberty, Nullification

Virginia House Delegates Robert G. Marshall and Anne B. Crockett-Stark recently introduced  HB 27. The Residential energy efficiency standards exempts certain homes from federal cap & trade legislation,  and would limit the power of the EPA to set the standards for home construction in Virginia, as stated in the bill’s brief description.

Residential energy efficiency standards. Exempts any residential building or manufactured home in Virginia from being subject to federal legislation relating to residential energy efficiency standards if such building complies with the Statewide Uniform Building Code. Except to the extent required by the Statewide Building Code, the owner of such building or home cannot be required by the federal government to (i) have an energy efficiency analysis conducted on his residence, (ii) have his residence meet federal energy efficiency standards, (iii) participate in a building performance labeling program, (iv) make modifications to the residence in accordance with federal legislation, or (v) post a label showing the energy efficiency of his home prior to its sale. The bill also prohibits any state agency from assisting any federal agency in the implementation of global warming or climate change legislation.

We at the Tenth Amendment Center believe strongly in the wisdom and views of two of Virginias’ most respected statesmen on the duty of the  states under the US Constitution; “and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said  compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”- James Madison, Virginia Resolutions, 1798;”whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force”- Thomas Jefferson, Kentucky Resolutions, 1798 Continue Reading →

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Baby Boomers: From Selfish to Selfless

By on December 28, 2011 in Activism, Commentary

A society grows great when old men plant trees in whose shade they know they shall never sit. -Greek proverb

One thing that’s certain about this movement to save the republic from our own centralized state, is that the fruits of our labor are far, far off.  You cannot reverse decades of centralization in one election cycle or even a dozen- the things we are all working towards are likely to only be fully enjoyed by those future generations- our children and grandchildren.

In that respect, I find it greatly encouraging that there are so many patriots out there who conduct their activism accepting the likelihood that they will not experience true liberty in their lifetime.  These defenders of the Constitution push on nonetheless, and do their best to attract youthful comrades who’s future is what’s at stake.

It is easy enough to dismiss those who are older- who’s generation largely turned away from what the founders so carefully designed.  What is more difficult, is to grasp the unspoken truth contained in that Greek Proverb.  It would be wise, perceptive and indicative of progress for young people to appreciate these elder patriots for the true selflessness of their dedication.

To all of the younger generations reading this: the next time you see an older activist at a meeting, event or rally, thank them.  It’s not their lifetime that is at stake anymore- it’s YOURS.

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Is SOPA Constitutional?: A Layman’s View

By on December 3, 2011 in Commentary, Constitution

I’m no degreed scholar- I don’t even have a 4 year education, so why is it that I can dive into the ‘murky waters’ of the constitution and feel confident about what I find?  Because the Constitution was crafted to be understood by AVERAGE people- not to be the exclusive territory of academia.

Many times the argument is brought up- “How can we follow such an outdated document?  This ‘dead’ Constitution does not even address the INTERNET!”

Yet I, as a self made Constitutionalist, can explain this in terms that seem quite logical and intuitive if one understands the nature of our founding document.

SOPA (the ‘Stop Online Piracy Act’) is the epitome of what the Constitution was written to prevent.  SOPA would have never even been considered if we still understood and followed the founders ideas as a people.  This is not because of some specific mention of “mp3 pirates” or “broadband”, for anyone looking for such guidance in the Constitution is seeing things backwards.

Control of the web was never meant to be handed over to the Feds- I KNOW this, because it was not one of the enumerated powers.  Aside from the 35 or so aspects of existence that the Feds are tasked with in the constitution- everything and I mean EVERYTHING else in the day to day lives of We the People are to be handled BY We the People in our respective states, in different ways appropriate for each.

The reason for this is can be put simply- something with the devastating potential that SOPA has to shred the economy as well as human rights should never be applied to all 300 million Americans.  Does your state fear ‘bad people’ enough to let the government take over any URL?  The constitution says “go right ahead”…just don’t take the other 49 states down with you!

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Rand Paul Reads TenthAmendmentCenter.com

By on May 16, 2011 in Big Government, Commentary, Constitution, Health Care, Tenthers

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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Who’s the real hypocrite?

By on April 2, 2011 in Commentary, Constitution, Federalism, Founding Fathers, Founding Principles, Government, Nullification, Tenthers

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

By on March 10, 2011 in Announcements, Big Brother, Big Government, Commentary, Constitution, Delegated Powers, Drug War, Economics, Federalism, Founding Fathers, Founding Principles, Government, Judiciary, Law, Liberty, Nullification, Originalism, Sovereignty Movement, State Sovereignty

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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Supreme Court gets the Constitution right, for once

By on March 3, 2011 in Big Government, Commentary, Constitution, Founding Principles, Government, Originalism, State Sovereignty, Tenthers

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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How to worship the State on Presidents Day

By on February 21, 2011 in Big Government, Commentary

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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