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Judges? We Don’t Need No Stinking Judges

In response to my latest column I received an e-mail from Bill Walker, co-founder of the Friends of the Article V Convention. The text of the e-mail was also posted as a comment on the original post.

My point with this post isn’t to burn bridges or start some feud between organizations that have similar goals in mind, namely restricting federal power. But I do think it’s important to understand both what we’re up against and where each organization comes from. So, with that in mind, allow me to expand on a few points by addressing Mr. Walker’s comments.

He writes: “[Joel Poindexter] provides no proof where any judge has ever ruled the states have such authority [to use nullification].”

This assumes that the states need approval from the Feds before they can nullify the Feds, and as the title of this post states, “we don’t need no stinking [judges].” And to that point, let me first suggest that if any judge with any clout ever ruled that a state can nullify an unconstitutional “law,” as determined by that state, we’d likely be in far better shape. Any judge who would side with a state on this issue isn’t likely to acquiesce to federal overreach in the first place, and since judges are appointed to the bench by politicians, we’d have to assume this judge had a similar outlook on federalism.

It’s because judges aren’t overturning unlawful “laws” that nullification is even necessary, so who needs them? That’s sort of the point of nullification; it essentially removes the Feds from the equation, since by the time a state has decided to nullify something, the Feds must have failed somewhere in the process. Whether it’s a legislature with an overly broad interpretation of the commerce clause, an executive who decides to write his own laws or a court without the moral fiber to strike down one of the former, nullification is the answer. Continue Reading →

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Wasting Time with Negativity?

Here’s a “special interest” post that might lead to some fun ones in the future – not political per se, but something of interest from the Tenth Amendment Center inbox over the past week or so. I thought some people might be interested in this little back and forth I had by email with someone recently.

Setting the Stage

1. We ran an article from Rob Natelson just have health care passed, called “Had Enough?” In it, Rob gave a list of a number of things that should be pursued to stop federal violations of the constitution – state sovereignty laws to resist it, mass civil disobedience, 2010 elections, and even an Article V convention. He’s a big proponent of the latter, so finished his article by focusing on that.

2. In response, we received mostly positive feedback – but the Con-Con part of the article really gave some people a difficult time. For some reason, there’s a significant number of people out there that have a knee-jerk reaction and consider anyone who proposes (or prints) such a thing to be their enemy, to be a conspirator, and the like. In response, I or someone else will often times try to open discussion with people, or point out some of the other action items for them to try. Some will open up to a discussion, others will simply call us traitors for even discussing such a thing – (which is part of the Constitution, by the way).

3. One of the leading organizations in the country that opposes a Con-Con is the John Birch Society. The president of the organization, John McManus, wrote a letter to Professor Natelson and myself personally. He said some positive things, such as “your outrage about the healthcare measure is well-stated and welcomed with pleasure. It’s good to know that some academics see through the danger in this latest move toward socialism in our nation.” And then offered his position that he opposed the convention call, in a strong, but respectful way.

4. Another person, who refers to himself as the “Old Dog” wrote an article and sent it in. I figured he wanted me to consider it for publication. He made some very good points in the proposed article, but parts of it were what I considered to be attacks on Professor Natelson’s character, such as “all who support this insane proposal must surely have nefarious intentions.” [emphasis added]

5. My response? I asked him to consider rewriting it and simply make the case for his viewpoint without such statements. I figured that would be understandable that we’re just not going to run articles here that claim any long-time contributor is nefarious or evil, or anything of the sort. While agreeing with everything every contributor says here is not my cup of tea, I’m still going to show each of them respect for their efforts. Period.

6. His response? He tells me that I’m, in essence, insulting his intelligence by asking him to not attack my friend in an article to be published on my website. Because, according to him, it’s not possible to consider such a proposal and be anything other than a person with a “surreptitious plan.”

7. Shocked by what I thought was his complete and utter arrogance, I was more curious than anything – normally I throw rude commentary into a folder instead of spending time on them – but I decided to give the friendly, open option another chance. I wrote again:

All I’m saying is we’d be happy to publish your views, but we don’t accept articles that personally attack any of our contributors. Period.

Are you unable to offer your view on a topic without insulting my friend on MY website?

8. His response was much nicer this time – he explained that another website, DumpDC, a good site run by my acquaintance Russ Longcore, was going to run the original, but that he’d write another article for TAC:

I am willing and I believe capable of elucidating the extreme danger of another Continental Congress at this particular time of political turmoil and prejudice media without any personal attacks.

Then followed up with this – in the same email, just two paragraphs later.

I understand that all of this is offensive to you personally, and to Rob, but it is equally offensive to me that men of your education and intellectual level could publish their support of this Trojan horse.

9. Old Dog followed up with another email – with an article about his opposition to a Con-Con. He didn’t really give any details as to why it was a bad idea – covering the nuts and bolts of it, that is – but he gave a strong personal opinion that I felt deserved to be published, especially since I know he must’ve spent some personal time with it and I figured it would’ve been rude to reject it completely at this point. I ran it here on the blog – “A Constitutional Convention Needs Years of Preparation.” I enjoyed reading it and think others did as well.

10. Got another email from Old Dog – he mentioned that he was having trouble viewing the 1 comment on the article that had been made thus far (how he knew there was a comment if he couldn’t view it, I don’t know) I didn’t have time to look into it much, but checked to make sure things were running fine. They were. I filed his email away to be responded to later.

11. A few days later, I replied to his email – all I said was “I’m sorry for the slow reply – it’s certainly been extremely busy here of late! I definitely appreciated your article and look forward to discussing things like this more with you in the future. By the way, what state are you in?”

12. Old Dog’s response – why should I be surprised at this?

You can be sure I am surprised to hear from you, as I have not been able to view my letter past the first day it was published, and could never view any comments to it.

What really blew me away was when some friends emailed congrats to me, and after my reply to them, sent me copies of the comments. I have never encountered this problem before, and normal web viewing continued on other sites throughout this problem.

I finally concluded that my IP address was black balled from your site, and after a short period of rage, decided that your previous warning of not insulting your friends made the results my own fault.

I have made a friendship with Russ Longcore and wanted to do the same with you, so all of you who have much higher education could get the common mans view of what’s happing to our country.

You can be assured we are disappointed in those of you involved with supporting a dead document, and want to open communications with you, but emotions run high on both sides. It will take much discipline to proceed.

13. Great – Mr Positive thinks he’s so important that I’m going to spend time finding his IP address (I guess from the emails he sent to me, somehow), and then deal with customer service at DreamHost (our web host), to get them to block him from viewing this website. Um…yeah. right. And then, on top of it, he’s disappointed in people interested in the constitution. My response:

I really don’t have the energy or the time for much more back and forth with you – if you find our work disappointing, please go elsewhere. That’s sincere, and while you may find it hard to believe, it’s really from a place of friendliness in my heart.

– You don’t like the Professor’s article, so I offer to give you space on my website for a rebuttal, but I have to spend time and energy convincing you to not insult my website or my friends. (on my website for that matter)

– I give you space to run an article anyway. I publish it. You have a problem getting to it. Rather than thinking you have a problem, your instinct is to think I’m some kind of backhanded sneak that blocks you from my website.

I know I’m doing good work here, and in general, all I’ve gotten is complaints from you. You are not blackballed, you have a problem with your pc that I don’t know how to fix. Your article is live on the site and it’s pretty good – all I wanted to do was thank you for the nice contribution and I get a response with more complaints and negativity from you. It’s not something I want to spend my time on. The only reason I’m communicating this to you is I have the impression you’re really not a jerk that has nothing nice to say – I believe you’ve got good intentions.

You really don’t think very highly of me or my work, or my friends, so why are you wasting my time? Please go away. Or, if you can figure out the problem with your computer, just leave your negative thoughts as a comment on an article – that’s the place for the debates.

I now have a filter on, so I won’t have to see your emails immediately anymore.

That’s it in its entirety. James is obviously important enough for me to spend this time on him and his post (far too much time, for that matter). Or, maybe I find it interesting that there are some people out there (normally they’re politicians) who just can’t seem to do or say anything positive if you don’t agree with them 100%. “My way or the highway” or so it goes. In my opinion, it’s pretty arrogant.

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Bestsellers for 2009

The following are the most purchased items on Amazon.com in 2009 through links here on TAC. A % of every sale, of course, goes directly into our coffers – Thank you for all your purchases this past year!

1. A Disquisition on Government, by John Calhoun

2. The Constitution in Exile, by Andrew Napolitano

3. How the Catholic Church Built Western Civilization, by Thomas Woods

4. Common Sense, by Tom Paine

5. The Politically Incorrect Guide to the Constitution, by Kevin Gutzman

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A Thug in a Suit

Before this week, I had never heard Senator Charles Grassley speak – on anything. In the last few days, though, I’ve been sent a number of emails about him being a “strong 10th Amendment supporter.” Skeptical of any Senator in DC actually supporting the Constitution in a meaningful way, I browsed around YouTube and found what must’ve incited the onslaught of emails about him. It was a clip called “Sen. Grassley: Health Overhaul Violates 10th Amendment.”

Title: Good.

Before the 1:30 mark, he had this to say:

“This is the first time in the 222 year history of our country that we have forced you as a constituent – any of our constituents – to buy a product…..And if you don’t buy it, IRS is gonna tax a family $1500.”

Interesting comment. Ok, I’m listening.

He’s then asked a question: “Is this Constitutional – forcing them to buy it and punishing them through the IRS if they don’t?”

His response

“Uh…I’m not a lawyer …”

Alert: Politician Code Word.

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The Typical NeoCon Response?

In response to Michael Rozeff’s article on the Obama school address, we had a few angry emailers.  Not many.  But, Drew’s response here was pretty typical (spelling errors and typos have been preserved):

You guys are republican bungholes with no brains.Typical neocon response.Did’nt hear you sqealing when hHabeas Corpus was abolished by Bush.did’nt hear you squealing when 1st amendment rights were squashed by NAS and bush admin. Don’t send me any of your crap again.Gov read the constitution,knuckleheads.

Typical neocon response?  I guess Drew missed out on Newt Gingrich:

“I believe this is going to be posted. People are going to see it in advance. It is going be a totally positive speech. If that is what it is, it is good to have the president of the United States saying to young people across America stay in school and do your homework. It’s good for America.”

Or, maybe he missed Laura Bush too:

“it is really important for everyone to respect the President of the United States.”

Neocons, like their counterparts in the Democratic Party – let’s call them Neoprogs – have no interest in the Constitution.  Their sole interest is in maintaining their power, and thus, the status quo.  People like Drew are little more than partisan hacks.

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