Understanding The 10th Amendment

The “winners” write the history, and always in favor of their side of the “argument”.

Government’s job is to “control” the people. Control takes power and power comes at a price: the people’s liberty. In a nutshell, government power  stands as the enemy of liberty. And when it comes to the war between power and liberty, power generally triumphs.

Government wins.

And government writes our history.

Most people allow the government to educate their children and that means they learn the approved government version of history. Sadly, it is totally corrupt. Few Americans realize it and can’t, or wont, correct the mistake.

I will try to help correct a piece of the disinformation surrounding the 10th Amendment and put it all into the correct perspective for you.

We’ve  watched government trample on the  Constitution throughout most of our recent history. We do not have to look very far to see examples. President Bush’s Administration created the The Patriot Act, anything but patriotic. Throughout his terms in office, Bush completely disregarded what the Constitution said and wielded the arms of war with wanton disregard.

President Obama continues in the same vein with more anti-constitutional measures. When Congress does not do what Obama wants he creates Executive Orders with the force of law. Effectively legislating from the White House and overstepping his constitutional boundaries without any regard to the laws our country.

Our Constitution is a document designed to LIMIT the power of the federal government. It enumerates the exact duties, responsibilities and powers of each branch of the federal government. In other words, the federal government ONLY has the powers over things that are specifically spelled out in the Constitution. ALL OTHER POWERS are reserved for the states and people. This is succinctly spelled out in 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.”

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Enemy of the State

In a published FOIA request, an Airman stationed in the UK was investigated after a mental breakdown caused by conflicting values of US military’s mission and her own political beliefs. She was found to sympathize with Bradley Manning, Julian Assange, and Wikileaks. She had admitted to communicating her political ideas with various organizations known for anti-war/anti-military sentiments on Twitter and to a UK journalist. She also attended the Julian Assange Trial. However, her own admission and tweets revealed that she was never asked to release any intelligence to these groups and denied volunteering any intelligence to any journalist or group. The US Airforce Office of Special Investigations filed a complaint report on matters alleging “Communicating with the Enemy.”

The Uniform Code of Military Justice (UCMJ) Article 104: Communicating with the Enemy states:

“Any person who–
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.”

Who is the enemy in this document? Is it Julian Assange? Wikileaks? Journalists? Bloggers? Social media users? Those opposed to an unconstitutional and failed foreign policy? Anti-war organizations? The leaked document does not directly point to any person or organization but acknowledges who the Airman was in contact with and her activities surrounding her political beliefs. But, constitutionally speaking, who gets to determine the enemy?

The Constitution does not provide any structure to determine an enemy. An enemy could be those the US is at war with. Congress has the power to declare war but there is no framework as to what constitutes a declaration of war. In Federalist Paper number 3, it states, “The just causes of war, for the most part, arise either from violation of treaties or from direct violence.”

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Federalism and the 10th: The State Reclamation Begins

The state governments are now beginning in earnest to do something about the encroaching federal government. Way back in 1994 when the “Republican Revolution” was taking place in Congress the Republican Governors Association (RGA) “adopted” a sort of “declaration of independence” for themselves.  From Congress we got the “Contract with America” and from the RGA…

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Federalism and the 10th: The States’ Great Awakening

In Part 1 of this series, I explained how our federalism works and how the powers were divided between the states and our national government. The details showed that the states were superior to the federal government on the hierarchy scale and that the 10th amendment protected that position whenever the federal government stepped outside…

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Federalism and the 10th: How It Works

What we are witnessing all around the country is a political revolution. As time goes by, the revolution will grow huge, into a massive historical event.

The people are beginning to understand what is going on, and are starting to take the necessary steps to reestablish their correct place and boundaries in our federalist system. After so many years of seeing the power usurped, it does my heart good to see steps finally being taken to correct that wrong.

Many times we hear people say that this country is a democracy. That is not true, we are a republic, and we use democracy as a means to pick our representatives in a federalist form of government. Somehow, people seem to conveniently forget that fact. So, what is federalism?

When our founders created the Constitution and established our federal government they did it on two planes, vertically and horizontally. Everyone gets taught the horizontal plane in school where we have the separation of powers between the various branches of government. Unfortunately, they are never taught the vertical plane which is where the whole federalist structure is set in place with a division of power between the national and state governments.

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VIDEO: A Rousing Defense of the Constitution and Nullification

At a time when the Republican establishment is doing everything they can to alienate their constituents, and nullification measures are getting introduced around the country, it becomes more important than ever to step up and put our best foot forward when presenting our ideas to citizens desperately looking for a way to fight back against unjust federal power. Luckily, we have a shining example to follow in constitutional attorney KrisAnne Hall who gave an eloquent defense of ObamaCare nullification at the Florida Senate Select Committee on Monday, December 3rd.

WATCH IT:

“Some claim that [ObamaCare] must be submitted to as law of the land since the Supreme Court made its declaration from on high. This admits that we are not a Republic of sovereign states, but a monarchy. The supremacy clause declares the Constitution to be supreme, not the federal government,” Hall said in her stirring repudiation of the bill.

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Do the Secessionists Have As Much Courage As the Nullifiers?

By now, anybody who even casually follows the Tenther movement and the liberty movement in general has likely heard about the secession petitions circulating.  Yesterday, I had personally gone from only hearing about Louisiana, to hearing my State of New Jersey had one too, to hearing the count was up to twenty States.  That could be an old number by the time this makes it into the Tenth Amendment Center blog.

The language of these petitions is interesting, as they “ask” the federal government to let said States peaceably withdraw from the United States.  Although I confess to having signed, originally for Louisiana upon first finding out, and then for New Jersey, it was more out of curiosity than anything else.

Apparently, any State circulating these petitions requires a minimum of 25,000 signatures within thirty days in order to receive a White House response.  Texas has nearly double the required signatures, and Louisiana is likely a day away from hitting the threshold.  Several states are beyond halfway there.  Check to see if your State is on the list.  While you’re at it, go ahead and sign, so you can get your response.  The most likely response from the White House is a familiar word to anybody in the nullification movement, “No.”

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Police State Clashes with Protesters in Chicago

With the recent outburst of Police-State action in Chicago, while we’d hoped it wouldn’t come to this – we can’t say we didn’t know it was coming. With images coming not out of Iran or Egypt, but out of some of the Tenther communities own back yard, we’re witnessing a literal army of state and federal funded police, in riot gear bloodying faces, shoving people – and according to some reports – even running people over. So it’s understandable that the Liberty community is a little apprehensive that what we’re witnessing isn’t yet another exception to the rule – but a sign of things to come for every-day Americans in the near future.

And regardless of where Tenthers choose to stand on the Occupy movement, the escalating action on the part of the local, State and Federal Government is certainly worthy of condemnation in regards to obvious first-amendment Constitutional violations. Besides, with the majority of the protestors remaining peaceful, there’s only been a select number acting with violent intent – who according to Bernie LaForest, member of the Tenther Community, stated was “mostly from the anarchist crowd from the G8 summits.”

This illustrates that with very little provocation (and in some cases none at all), our Government no longer seems interested in protecting our constitutional rights, but willing to reduce us to a “commodity” status where individual freedom has been reduced to a foot-note in the Fed’s 20 volume set of Red-Tape laws.

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To Some, the Tenth and Nullification is Taboo

With a quip typical of a main stream media talking head, Scott Keyes traversed some well worn turf in the article entitled “Strict Constitutionalist’ Ron Paul Endorses Nullification As A ‘Very Good’ Idea”. In the post, Keyes attempts to justify federal legislative oversteps by referring to any act of congress as “the supreme law of the land” and thus, are good to go.  He makes no distinction in this assertion for the sovereigns of the state, or the individual.

It’s sad really…

As the Constitution lays out the framework for our great republic, the first ten amendments guarantee that the government cannot encroach on, or take away our freedom and liberty.

Our natural rights.

You might recall those. We have been losing a lot of them lately.

He comes to this conclusion by referring to the test of the Constitution which “states clearly that acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding”

Keyes interpretation of the constitutional passage show no regard for the Ninth or Tenth Amendments.

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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.

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