There has been a growing number of states recently looking to pass laws that nullify overreaching federal intrusions on Second Amendment rights with Alabama being one of the latest states looking to protect the natural rights of its citizens. Alabama Senate Bill 43 is called the ‘Firearms Freedom Act’ and it intends to ‘exempt from…Details
Term limits are one of most popular political issues of the day. Most think of achieving this with a Constitutional Amendment, but there is another way: with nullification.
Before 1995, states were legislating term limits. Then in Inc. v. Thornton, 514 U.S. 779,(1995) in a 5 to 4 split decision, the Supreme Court ruled term limits unconstitutional. Their reasoning was that since the U.S. Constitution imposed some qualifications on Congress people, such as age restrictions and citizen requirements. The states could not legislate additional requirements.
In a well reasoned and clear statement for federalism, Clarence Thomas dissented with, “It is ironic that the Court bases today’s decision on the right of the people to ‘choose whom they please to govern them’.” Under our Constitution, there is only one State whose people have the right to ‘choose whom they please’ to represent Arkansas in Congress… Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress. The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people.”
Justice Thomas is correct. There is no real Constitutional basis for this split Supreme Court ruling. It is the ruling on the whims and political view of five lawyers. At the end of this Blog are states that still have federal term limits in their laws and/or constitution. As best I can determine, these states still have these statutes on the record. If the governor or Secretary of State deems that in Inc. v. Thornton, the U.S Supreme Court does not have the authority to make their ruling, then they could prevent these multi-term federal politicians from appearing on the ballot. A grass roots effort in these states might persuade one of them to do this.Details
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…Details
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…Details
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.Details
Watching Republicans and Democrats squabble over the so-called fiscal cliff is like watching a duo of burglars arguing over who keeps your flat screen television. No matter which party prevails, you lose.
Tenthers, as a class, tend to be more pre-occupied with the liberty cliff, whose precipitous incline we fell off long ago. The other various cliffs – fiscal, debt, tax policy, entitlements – are really just the jagged rocks we’ve met on the way down. Which is why Tenthers tend not to wade into the whole fiscal cliff debate. If your causes are liberty, constitutional rule of law and sound currency, then it seems downright silly to sweat the details of how much the federal government should raise the debt ceiling to pay for foreign wars, Obamaphones and highways named after U.S. Senators.
Consider the numbers. The federal government now spends $3,800,000,000,000.00 per year. Various taxes supply about $2,900,000,000,000.00 of that amount. The free ride component – the annual deficit – has now accrued to a staggering $16,000,000,000,000.00 in national debt.
Faced with these appalling details, the Democrats (and Paul Krugman) respond with calls to tax and spend more. Republicans, the supposedly more fiscally continent of the two parties, grumble on about tax increases and then invariably capitulate to more borrowing and spending. And with the deck chairs on the Titanic nicely rearranged, the American people are once again free. By “free” I mean free to watch Dancing with the Stars and Real Housewives of Cleveland while an omnipotent federal government further enslaves us into a highly regulated, pathetically dependent blob of couch potatoes.
So what would a Tenther do? I’m glad you asked! Here’s 4 steps a Tenther would take:Details
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.”Details
It is probably fair to say no President, First Lady, or candidate for said office has ever left a campaign event, state dinner or probably any meal in general saying, “Gee, I wish I’d had more to eat.” Yet none before the Obamas entered 1600 Pennsylvania Avenue have claimed the authority to tell us what they want us to eat, while they eat what they want. Plenty of kids across these 50 States have probably said that with increasing frequency in response to new federal mandates regarding school lunches.
While our First Lady is able to enjoy her favorite pizza, children in a Kansas school have made a video in protest. Other students have said the portrayal is accurate, with students claiming they are still hungry throughout the rest of the school day. There is so much wrong with this situation, it almost encompasses all the problems facing the Tenther movement today.
First, the school administrator interviewed said the solution in the past has been to make adjustments to the school lunches when there were complaints, but the new federal “laws” left him with his hands tied. A word to that administrator personally, RESIGN! Your primary responsibility is the well being of the students in your school. You ought to know better than the people in Congress, the White House and the untold numbers of executive agencies trying to appear significant by churning out new rules. You should even know better than the nine self-proclaimed demigods on the Supreme Court. Show some spine and make the adjustments without their permission. You want input on improving school food? Go to your community first.Details
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.Details
UPDATE: The Arizona Senate passed HCR2004 16-14 the second time around 0n April 30.
HCR:2004 unfortunately failed to pass in the Senate on the third reading of April 24, 2012, with a vote of 14 “Ayes”, 14 “Nays”, and two who did not vote (Steve Gallardo and Frank Antenori). Supporters thought the bill was dead.
However, Senator Yarbrough (who voted no) put forth a motion to reconsider, and the motion carried. To view the vote detail, and to see the breakdown of who voted for or against HCR: 2004, please Click Here.
As Joel Poindexter wrote in the previous Tenth Amendment Center story Arizona Moves to Regain Sovereignty, “The proposed amendment, HCR:2004, is intended to reassert Arizona’s sovereignty as a state, and regain control over much of the state’s lands and resources. According to Section C. of the proposal: “The State of Arizona declares its sovereign and exclusive authority and jurisdiction over the air, water, public lands, minerals, wildlife and other natural resources within its boundaries….” The authors made exceptions for existing military posts, Indian reservations, and federal property, pursuant to the US constitution’s Article I, Section 8, Clause 17.”Details