Wall of Separation: Myth?
The biggest misunderstanding is not even the concept of the “Separation of Church and State” itself, but a misunderstanding of federalism, the construction of the US Constitution, and the first 10 Amendments (i.e. the Bill of Rights).
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 [...]
Meet the Founding Fathers of Constitutional Subversion
Before the ink used to draft the new Constitution was even dry, the plot subvert it had already been hatched…Dr. Thomas DiLorenzo introduces you to the the primary conspirators.
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 [...]
Dan Casey Betrays His Ignorance While Ranting About Tenthers’ “Flawed” Arguments
Casey’s central argument against what he views as our misreading of the Constitution, betrays both his ignorance of the history surronding the Constitution and the rules of legal interpretation that were understood very well by the those who framed and ratified it. Both James Madison (the author of the amendment Casey uses to make his case), and [...]
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 [...]
Colorado Uniform Enumerated Powers Act
I hear a lot of people in the tea Party movement talk about how the Federal Government has ignored the Constitution, and we need to get back to that Constitution as the Supreme Governing Document of our nation. We at the Tenth Amendment Center have developed some model legislation, here is one example. To require the [...]
Enumerated Powers Act
A local political activist related an interesting exchange that allegedly occurred at a recent political event. During a discussion with a congressional candidate, an interested citizen asked about the constitutionality of the Patriot Act. The candidate’s response was something to the effect of, “Show me where it’s NOT constitutional.” The response illustrates yet another example [...]
Many and Vague
Here’s a letter to USA Today by Don Boudreaux: Sandra Day O’Connor and George Nethercutt are correct that too many Americans lack sufficient understanding and appreciation of U.S. history and of the meaning of this nation’s founding documents (“Celebrate America by learning about her,” July 3). In no group of Americans does this ignorance run more [...]
Question for Jason Chaffetz
The Salt Lake Tribune is reporting that Jason Chaffetz is working to “overturn action by the D.C. City Council that would allow medical marijuana usage in the nation’s capital.” Here’s what he had to say: “Marijuana is a psychotropic drug classified under Schedule I of the federal Controlled Substances Act as having ‘high potential for [...]
Reclaiming Our Liberty
Professor Williams and Kentucky Senate candidate Rand Paul discuss balancing the budget, the Enumerated Powers Act, the Commerce Clause, the Tenth Amendment and other fundamental issues of liberty. http://www.LibertyPen.com
Fail Safe
Many of today’s debates between statists and libertarians are argued on the grounds of efficiency. The libertarians say that when you let the government do something, you invariably get the DMV or the post office. Statists argue that a centralized public service provides better results because it can gain efficiencies of scale and because the [...]
Civil Commitments: Necessary and Proper?
Las Monday the Supreme Court in United States v. Comstock, held that Congress has the power under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to enact 18 U.S.C. § 4248. Section 4248 authorizes court-ordered civil commitment by the federal government of two categories of “sexually dangerous” persons: (1) “sexually [...]
DC is Busy
But not on anything you would expect from a government adhering to the Constitution. Healthcare, financial markets, petroleum exploration and extraction, economic activity, immigration, national ID cards, cap and trade, smoking, transfats & salt, CAFE; gun control, taxes, price controls on labor, electricity, and banking. The list goes on. No matter how well intentioned, there [...]
“General Welfare” Does Not Include National Healthcare
Some good insight from Dr. Harold Pease of CA-TAC: here are many less well-known facts to keep in mind as you review Section 8. Convention delegates curiously placed every power in one sentence with 18 paragraphs. This strange construction was to make it even more difficult for future power grabbers to isolate and enhance a [...]
Immigration: Who Should Be In Charge?
In light of the Arizona immigration bill just signed into law, I’ve had some thoughts about this whole issue. And grant me this: I’m no lawyer, but I am a thinker…and I can read. Hang with me as I chew this over. Columnist Patrick J. Buchanan has a column in “Human Events” entitled Whose Country [...]
The Boehner Question
I’ve heard from a number of people this week what a great Constitutionalist John Boehner is. My first thought is my normal reaction – if they’re in D.C., odds are 434-1 against them being a strict supporter of the Constitution. So what’s the big deal about J.B.? Well, yesterday he held a press conference in [...]
A Living Document Discussion
a very level headed argument on why the actual powers listed in the constitution are all the federal government actually has.
Unconstitutional on its Face
Considering all of the legal ambiguity over national healthcare, not only is such a legal challenge necessary, it was fully expected by even Congress’s most ardent supporters of national healthcare because they knew they were wading into unchartered constitutional waters from the moment they pressed the yes button. Congress may be able to tax and [...]
More Commerce Clause Clownery
Several months ago, I wrote a blog post titled, “Commerce Clause Gives Federal Government the Power to do Everything.” Whenever politicians are questioned about their totalitarian actions and asked what gives them the power to commence such actions, they have one standard response: the interstate commerce clause. This is the established response of politicians and [...]
Down with the DOE!
There are no teachers in the Federal Department of Education. This bureaucracy only takes resources from the education process. In Oregon, as a state we spend $9257/year per student on education. In addition, the Federal Govt. taxes the citizens of Oregon $1500/year, per student, of which it returns $1000 in the form of block grants. [...]
Tenth Amendment vs Healthcare
While attending a recent “Town Hall” meeting with my congressional representative I was offered the opportunity to ask the following question: Where in the Constitution does it authorize the federal government to regulate HEALTHCARE? The answer that I received, which is also the correct one…IT DOES NOT. Perhaps if people nationwide would ask their respective [...]
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 [...]
Mar 10, 2011 | Categories: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 | Tags: 10th Amendment, 10th Amendment Movement, Decentralization, Enumerated Powers, food freedom, Nullification | 1 Comment »