Judicial Watch: Partisan Hacks on the Constitution?

The folks at the conservative legal blog Judicial Watch are hopping mad that the Obama Administration and their buddies at the ACLU are waving the white flag of surrender in the drug war.

Wait. What?

According to a Jun 10 blog post titled ‘DOJ Takes ACLU’s Lead on Pot Shops; Ignore the Law‘ which looks like it may have been written in bizarro world.

“The fact remains that federal law prohibits [marijuana] and therefore it’s a slap in the face to law and order that these illicit enterprises are surfacing around the country, especially in the area surrounding the U.S. government. A national news report points out that two new pot businesses will operate in the shadow of Congress and will mark one of the boldest moves yet for the nation’s marijuana movement.”

This possibility, however contrived, horrifies the ‘law and order’ conservatives over at Judicial Watch. So much so that they are willing to trample the Constitution to continue their “war” on a plant. The so-called “War on Drugs” rests on the same constitutional authority as most of the other American wars over the last 70 years.

None.

Question me? Consider this: why did the federal government need a constitutional amendment to fight its war on alcohol?

The Constitution delegates no power to the federal government to prohibit marijuana.

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Some Utah Republicans Get It, Some Don’t

Some sentences are so contradictory, so self-evidently oxymoronic that they stop you in your tracks.  For example, maybe you have a friend who says something like, “I’m a vegetarian, but I really love cheeseburgers.”  Hearing this, you’re likely to give your friend a bewildered look and say, “Dude…huh?”

In the wake of the Supreme Court’s June 26 decision that the Defense of Marriage Act (DOMA) is unconstitutional, the reported response of some Utah politicians elicited a similar reaction.  As reported by The Universe, “Prominent Utah Republicans overwhelmingly applauded the Supreme Court for recognizing same-sex marriage as a states’ rights issue but expressed disappointment that the Supreme Court is not in harmony with the Congressional majority that favors DOMA.”

Dude…huh?

How can it be simultaneously acknowledged that regulation of marriage is  a state issue and bemoaned that a federal law that nationalized the issue was struck down?  What can account for such an obvious contradiction?  As always, the devil is in the details  It is enlightening to understand which Utah Republicans acknowledged this issue as the domain of the states and which didn’t.

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Republicans have a replacement for Obamacare. It’s unconstitutional, too.

Former Republican Presidential Candidate and promoter of the “9-9-9″ economic plan Herman Cain recently wrote an article to rebut the claim that Republicans don’t have an answer to our nation’s health care “crisis”.  The article champions HR 2300 - Empowering Patients First – as “vastly superior to the train wreck we’re facing right now” with Obamacare.

Mr. Cain ends his article with an interesting combination of irony and hypocrisy by quoting James Madison, commonly referred to as the Father of the Constitution, and labeling Obamacare - but not HR2300 - as “government malfeasance”.

Now I’ll agree with Mr. Cain that Obamacare is terrible legislation as well as government malfeasance.  The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the States to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”

I’ll also even entertain the unlikely possibility that HR 2300, introduced by Georgia Republican Rep. Tom Price, may be less terrible than Obamacare.  Rep. Price is a doctor, after all.

However I have a few questions for Mr. Cain:

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Establishment Attacks Rand Paul on Support of Tenth Amendment, States’ Rights

A Yahoo News article released recently reads: Rand Paul’s Troubling Ties to Racists. The article uses the terms “Pro-confederate”, “neo-confederate” and touches on the Civil War. The source used in the Yahoo News article is from The Washington Free Beacon, a conservative online news source, which published an article slandering Paul as a radical because his aide (Jack Hunter) has long been a supporter and advocate of the Tenth Amendment to the US Constitution.

The Tenth Amendment reads: 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.

In layman’s terms, if it is not one of the powers delegated to the federal government by the US Constitution then the federal government has no business exercising power of such matters. In modern America where the federal government controls what kind of shower you can use, the type of light bulb you are allowed to light your house with and what kind of milk you decide to pour over your cereal in the morning it is no surprise that nullification is becoming a household word again.

Rand Paul

Paul is the first modern US Senator to use the term “nullification” in support of reining in the powers of the federal government when it comes to unconstitutional federal legislation. He first used this when President Obama attempted to issue executive orders on gun control.

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Nothing to See Here, Says the Mainstream Right?

Last week we received a few heckles for posting a Facebook meme of George Bush signing the Patriot Act. We stand by our intent – Republicans and Democrats, George Bush and Barack Obama – are sell-outs and equally culpable for the security-surveillance industrial complex of whose scary details were leaked to the press last week.

If you are the sporting type and keeping score, the Democrat-Republican Party is beating the Constitution by six touchdowns going into the fourth quarter. These dudes are on the same team, even if it took you half the game to figure it out. Behind the inexorable expansion of the state, the Right and the Left often stand as one.

Take, for instance, Rich Galen, a neo-con who blogs at Townhall.com, writing today about NSA-whistle blower Edward Snowden:

As a taxpayer, I’m not paying you to look out after my Fourth Amendment rights. I’m paying you to do whatever job you were hired to do, and if you find that job too ethically distasteful, then you should quit.

But keep your mouth shut.

Galen suggests a long federal prison sentence would be just deserts for Snowden for exposing a creepy, out-of-control national government sifting warrantlessly through our personal emails and internet searches. After all, Galen declares, he is a 66-year-old guy with nothing to hide.

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Solution: Label GMO Food Locally

Ever since food became easier and more profitable to create by machinery the government has tried to regulate it in some sort of fashion. The first English regulation of such was the Assize of Bread and Ale around the year 1266. In America the first endeavour into regulating food came in 1862 when President Lincoln launched the Department of Agriculture and the Bureau of Chemistry. These two organizations operated in what today we call the United States Department of Agriculture (USDA) or the Agriculture Department. Later on in 1906 the Pure Food and Drugs Act was passed and what we now call the Food and Drug Administration was formed. Through these early regulatory adoptions it was aimed to raise the standards in food and their truthfulness in packaging. The nutrition labels that we all now know were mandated in 1990 through the Nutrition Labeling and Education Act (NLEA) and amended by the Food Allergen Labeling and Consumer Protection Act (FALCPA) of 2004.

But how far do we go in demanding how manufacturers produce and label their food? Specifically speaking, how far can we go on a federal level? On a state level? Already, we have numerous states with specific laws for food that is imported or exported from that state  above and beyond the federal requirements.

This raises a question: should we rely on one-size-fits-all mandates from D.C.? Or would we be better served allowing states to determines the extent of their food labeling?

Considering the way big agribusiness manipulates the federal system, we might want to consider a more decentralized approach.

On March 26th President Obama signed HR 933 – called the Consolidated and Further Continuing Appropriations Act, 2013 – into law to stop the shutdown of the American government. Buried in this bill, we find the Farmer Assurance Provision – aka the “Monsanto Protection Act.” Lawmakers sneaked in Section 735 giving special privileges to companies that deal with genetically modified organisms (GMO), even allowing them to continue producing crops even if a court finds them harmful – which very well may not entirely be the case. Sen. Jeff Merkley (D-OR) said that he will introduce legislation in the Farm Bill of 2013 to repeal the Monsanto Protection Act.

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A Libertarian Case for the Department of Education

Last week the Rooney-Blansten amendment requiring the federal Common Core curriculum to devote equal time to Republican presidents was narrowly defeated in the U.S. Senate, despite a RealClearPolitics poll showing 87.8921% of the public supported the idea.

I’m a libertarian who writes frequently for the Tenth Amendment Center, and years ago I donated to the Cato Institute. But despite these impeccable credentials, I support a yeasty view of the Constitution and believe it politically expedient to pass federal legislation that ensures Republican politicians receive the same favorable treatment as Franklin D. Roosevelt, Bill Clinton and Barack Obama in any national civics curriculum approved by the federal Department of Education.

Anti-federal supremacists need to refine their priorities, with an eye to keeping moderate Republicans in office. The focus on “federal involvement in education” is wrong-headed and counter-productive, and overlooks the legislatively-mandated benefit (explicitly affirmed in Rooney-Blansten) of having all public schools teach no fewer than 15 positive things each about Richard Nixon, the two Bushes, and even failed Republican presidential candidate Mitt Romney.

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Oklahoma Legislation Would Nullify Agenda 21

Senator Patrick Anderson has introduced a bill in the Oklahoma State Senate that combats the United Nations Agenda 21 and reaffirms the sovereignty of the American people against globalist and internationalist forces.

The bill as introduced, SB23, is for “prohibiting state and political subdivisions from implementing certain Agenda 21 policies supported by the United Nations.” The law, if passed, will ensure that the state of Oklahoma “shall not adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process.”

If this passes, it will be a big win for both Constitutionalists and supporters of liberty. Private property rights for Oklahomans would be strengthened while the process of representation for the American people will be protected from a pernicious outside influence.

The US federal government officially endorsed Agenda 21 in 1992 when President George H. W. Bush signed on to a treaty with 177 other countries that he personally described as ’mammoth’ at a U.N. meeting called the ’Earth Summit’ in Rio De Janeiro, Brazil. He triumphed this accomplishment as emblematic of a world coming together to maintain a safe, living environment for present and future generations. However, there is more to Agenda 21 than what these world leaders are willing to let on.

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Nothing to Worry About on Indefinite Detention? Guess Again

As mentioned in Friday’s feature article about the Feinstein-Lee Amendment by Tenth Amendment Center Legal Analyst Blake Filippi, it did absolutely nothing to rectify the loss of rights Americans faced from the indefinite detention provisions in the 2012 NDAA that we are working to nullify throughout the country. However, Senator Mike Lee disagrees about the…

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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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