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

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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…

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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 Alexander Hamilton, had serious reservations about a Bill of Rights. Why? Because they argued what Tenthers today understand — that the Constitution created a federal government of strictly limited powers. That’s the reason pro-ratification founders, like Hamilton, expressed concern that the Bill of Rights:

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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…

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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 federal government to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes.

SECTION 1. LEGISLATIVE FINDINGS

The legislature of the State of Colorado finds that,

1. The People of the Several States by virtue of their mutual compact created the federal government, as documented in the United States Constitution;

2. The People of the Several States set forth in the Constitution those powers which the several States delegated to the federal government;

3. The legislative powers which the the People of the Several States delegated to the federal government are set forth in the Constitution of the United States;

4. By virtue of the Tenth Amendment to the Constitution set forth in the Bill of Rights, the People of the Several States reserved to themselves, and to the People, all powers which were neither specifically delegated to the federal government in the Constitution nor expressly prohibited to the States therein;

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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 of bass-ackwards thinking in America.

Those who respect the Constitution and hold to the founder’s ideas of limited federal power have somehow allowed themselves to fall back into a defensive position. Statists take the offensive, challenging liberty lovers to prove that they can’t do something, instead of justifying the constitutional authority that allows them to pass certain acts.

I blame the courts. We’ve come to accept a system where the legislative branch does as it pleases and then hopes a sympathetic court will allow the law to stand. This has politicized the judicial system and created a mentality that allows for statements like the congressional candidate’s cited above.

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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…

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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…

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