Supreme Muddled Thinking: Justice Breyer gets the 2nd Amendment Wrong
U.S. Supreme Court Justice Stephen Breyer demonstrated some typically muddled progressive reasoning on Fox News Sunday, contending the founders would have supported modern gun control laws and sided with the dissenters in the 2008 case D.C. v. Heller. In a nutshell, Breyer says the framers (James Madison in particular) put the Second Amendment in the [...]
Federal judge: Challenge to ObamaCare mandate can go to trial
Possibly the biggest story of the day, even though it’s barely getting coverage: A federal judge ruled Thursday that parts of a lawsuit by 20 states seeking to void the Obama administration’s health care overhaul can go to trial, saying he wants hear additional arguments from both sides over whether the law is unconstitutional. In a [...]
It’s Time to Nullify Federal Court Decisions
As a supporter of laws like SB1070 and other state and local efforts to curb illegal immigration I am disturbed by the trend that federal courts are now weeding through state laws and deciding if they are constitutional or not. Whether or not you support state efforts to curb illegal immigration you have to agree [...]
Wheat, Weed, and ObamaCare
From Reason.TV – “How the Commerce Clause Made Congress All-Powerful”
The Courts are Part of the Problem
Thomas E. Woods speaks on the topic of Nullification at the Nullify Now conference (http://www.nullifynow.com) in Fort Worth, TX. Tom will be a keynote speaker on 10-10-10 (in celebration of the 10th amendment!) in Orlando, Florida. Get your tickets to Nullify Now! Orlando here – http://www.nullifynow.com/orlando/ – or by calling 888-71-TICKETS “The federal government will [...]
Not the Supreme Power
Sheriff Mack at a rally for the 10th Amendment in New York, on August 7, 2010. Part 2
Courts aren’t the final arbiter
Opponents of state sovereignty and the states’ power to nullify unconstitutional law argue that federal courts have held nullification unconstitutional. Jillian Rayfield, in a brilliantly unbiased article *insert sarcastic tone* on TMPDC.com writes: This “tenther” group touts state sovereignty and nullification — the idea that a state can override a federal law it deems unconstitutional (a [...]
Gay Marriage and Immigration
I have many problems with the US constitution, but it is the legal regime we are told we live under. Marriage, to take one example, is mentioned nowhere in the constitution, and therefore is no business of the federal congress, the federal courts, nor any other arm of the DC leviathan. The feds, according to [...]
Discussion: Original Jurisdiction
All of the information below is referenced by Publius-Huldah’s Blog, which uses it to conclude, ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial of the Case Against Arizona & Governor Brewer. US Constitution, Article 3, Section 2 In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall [...]
Federal Judge Allows 10th Amendment Obamacare Suit to Proceed
Writes Ilya Somin at Volokh: Federal District Judge Henry Hudson’s opinion refusing to dismiss Virginia’s lawsuit challenging the constitutionality of the Obama health care plan has several interesting aspects. The suit focuses primarily on a challenge to the “individual mandate” element of the plan, which requires most American citizens and legal residents to purchase a [...]
The Supreme Court as Ultimate Arbiters?
“To consider the Judges of the Superior Court as the ultimate Arbiters of Constitutional questions would be a dangerous doctrine which would place us under the despotism of an oligarchy. They have with others, the same passion for party, for power, and for the privileges of their corps – and their power is the more [...]
Is Obama Care Illegal?
Well, of course it is…but Dom Armentano makes an interesting case that under status quo, it’s not – but yet – still horribly immoral and wrong. Here’s an excerpt: To find the mandates in Obama Care illegal and, indeed, to roll back the bulk of economic regulation on business, would require a radical rethinking of [...]
Is Gay Marriage the Key to Ending Obamacare?
In David Kopel’s July 9th post, he shares with readers some of the legal reasons why the recent Gay Marriage decision was a boon for Tenthers. Though current nullification efforts do not depend on the courts for validation, this article is important to study. Many Americans still find themselves as disciples of the judiciary & [...]
Proof the DOMA Ruling was Spot On.
Well, “proof” is defined by perspective, right? All the proof I need on this one is just one man’s name. Jack Balkin. Jack is a “leading constitutional scholar” from Yale. What does that mean? He advocates the living constitution. You know the one – the kind of constitution that morphs and changes based on the [...]
Federal Court Makes Rare Ruling in Favor of the 10th Amendment
A Federal Judge today ruled in favor of the Tenth Amendment, which is an unusually rare result. What was the issue? DOMA and gay marriage. From the WSJ blog: U.S. District Judge Joseph Tauro ruled that the federal Defense of Marriage Act, which prevents the federal government from giving pension and other benefits to same [...]
Supreme Court Gun Decision Won’t Affect NYC
Already, one serious gun control group is HAPPY….you got that?….with the new supreme court ruling. New Yorkers Against Gun Violence (a gun-control group), is pleased with the decision. Says the director: All the other amendments have reasonable restrictions on them. So I actually really like the Heller decision and the McDonald decision because they put [...]
Supreme Court Nominee Could Coronate Obama
Writes Bruce Fein: …If confirmed by the United States Senate, Supreme Court nominee Elena Kagan will crown President Obama with “imperial” constitutional powers. Congress and Federal Courts will wither as checks against his presidential usurpations or abuses whenever war or other national security claims are bugled over Iran, North Korea, Yemen, international terrorism, economic adversity, [...]
Disposing the Doctrine of Judicial Supremacy
In addition to Robert Nagel’s column on rejecting judicial remedies for our political disagreements (posted earlier on the Tenther blog), National Review Online has also treated us to two columns by Prof. Robert Lowry Clinton. The first, “Judicial Supremacy and the Constitution,” disposes of the doctrine of judicial supremacy by looking at the Supreme Court’s [...]
Against Judicial Supremacy
Much has been made of the coalition of state attorneys-general suing the federal government over the constitutionality of the recently enacted health care bill. But while many of us are happy to see the state governments taking some form of action to preserve their powers and to protect the liberties of their citizens from federal [...]
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 [...]
Supreme Court of the United States or The World?
The United States Supreme Court leftists have once again decided to crush the Constitution and the 10th Amendment by striking down a juvenile sentencing law simply because they don’t like it personally and–the most outrageous reason–because they cited the fact that other countries have long since abandoned this practice. And this despite the fact that [...]
The Case Against Case Law
Today when you hear the term Constitutional Scholar or Constitutional Expert you get the image of someone who has studied the Constitution and perhaps the Ratification Debates as well as the federalist papers. Someone who has studied the philosophers whose opinions were crucial to how our nation was to be governed like Blackstone, Cicero and [...]
We need to reclaim the Constitution from the Supreme Court
Dr. Robert Lowry Clinton has a fantastic article in the National Review this week. (h/t Mike Rogers) Here’s an excerpt: Many Americans are puzzled and angry about the judicial assault on religion, morality, and common sense that has been going on for the past few decades. People wonder, for example, how the First Amendment (which [...]
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 »