Heritage Foundation Questions Supremacy of Robed Federal Goons

If you follow conservative politics, you should be familiar with the Heritage Foundation.

Heritage was probably the most influential Washington D.C. think tank during the Bush Administration. It has long acted as a cheerleader for all kinds of federal power usurpations and rightfully received criticism for proposing legislation that was basically a forbearer for Obamacare. Heritage also frequently criticizes the principles of nullification. The organization often acts as a conservative wolf in sheep’s clothing, advocating for unlimited federal power.

That’s what makes Is the Supreme Court the Final Word? by Rich Tucker, extra surprising. Tucker writes, “Supreme Court decisions are crucial, but they are not the final word. It’s our duty as American citizens to keep pushing back, through all three branches of government, against any proposal that violates the Constitution. That’s the way to make sure our union can endure for another 225 years.”

The article gets even better from there. Tucker argues that pushback “works at the state level as well” listing ballot proposals as a way to circumvent Supreme Court rulings.

It’s unfortunate that he didn’t bring up the Jefferson-Madison-approved rightful remedy of nullification, but this is definitely a step in the right direction. Here we have a conservative think tank actually suggesting that Supreme Court justices are not our overlords, their words are not canon, and that we should fight for constitutional government regardless of what asinine opinions they might offer.

It is this line of thinking the Tenth Amendment Center has pushed since its inception. Still, we should remain skeptical and ask questions about this new tact from Heritage. You have to wonder, why is it opening its mind to the idea of resisting the courts all of a sudden? Why are these folks changing their tune? How come it has taken them so long to come to these conclusions when the answers are clear within the writings of the Founding Fathers?

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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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Bill Proposed To Keep Federal Hands Off Alabama-Produced Firearms

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…

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Surprise: Law Professor Misinterprets Supremacy Clause

Have you ever read an article that you were not sure what stance the author takes on the subject but presents both sides of the argument at once? I had the distinguished experience recently when I was reading the article titled “Sheriffs, State Lawmakers Push Back on Gun Control” on the Newsmax website (see: http://www.newsmax.com/Newsfront/Gun-Control-Pushback/2013/01/17/id/471825). It was a little confusing until I got about half way through it and read a quote by Sam Kamin.

Sam is a constitutional law professor at the University of Denver. One would think that if someone was a law professor that they would actually know and understand the law. Or in this case, a constitutional law professor – who should then know and understand the constitution. It is highly unfortunate when people like Sam misspeak about a subject. Their title gives them some credibility so people think what they say is true because they are supposedly an “expert”. But, when they make a mistake it is still a mistake.

The Supremacy Clause of Article VI, Clause 2 reads:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

Sam makes the comment that state legislatures can pass any laws they want but that the Supremacy Clause of the Constitution makes such actions unconstitutional. He further states that when there is a conflict between state and federal law, the federal government is supreme. Nothing could be farther from the truth. His blanket statement implies that the state laws are not necessary and state governments are not necessary because the federal government and its laws are supreme.

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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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Nullification: The means to reestablish federalism

In a USA Today article titled A solution to secession – federalism, Glenn Harlan “Instapundit” Reynolds  proposes federalism as a way to rein in government without splitting up the Union.

He defines federalism as, ” Let the central government do the things that only central governments can do — national defense, regulation of trade to keep the provinces from engaging in economic warfare with one another, protection of basic civil rights — and then let the provinces go their own way in most other issues.” After all, that political philosophy is the foundation of the country.

The Instapundit doesn’t suggest how we might actually make that happen.

Judging by the size and power of the central government, the reach of the laws it passes, and the accelerating rate of increase in all of the above, expecting the Congress and president to voluntarily stop doing what they’ve been doing for the past 100 years, or so, is insanity. It doesn’t matter which party wrests control of the system, the federal government continues to grow. Don’t expect the Supreme Court to side with Liberty, either.

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A Fork in the Revolutionary Road

[This essay was first published on the author's personal blog]

Mitt Romney was officially made the GOP’s nominee last week and now the Ron Paul revolution is over. After nearly thirty years in public office the good doctor is gracefully retiring from politics, and while it’s not following a term in the oval office, he’s no-less started what may be the greatest mental brushfire in American history. And now with millions of people inspired by the message of liberty, the obvious question is “what’s next” for the remnant?

A number of writers and activists have weighed in on this topic and below is a collection of these valuable essays and commentaries with some of my own thoughts for the Paulbots and revolutionaries.

Justin Raimondo, editorial director of the indispensable Antiwar.com, had this to say regarding the true nature of the republican party and their rules:

As for the rules governing the political process – they can be changed at a moment’s notice, and bent any which way, in order to facilitate this seizure. Ron Paul’s supporters in the GOP learned that the hard way, as the Romneyites used their control of the party bureaucracy at the state and national levels to retroactively change the rules in order to unseat duly elected Paul delegates. In Maine, Massachusetts, Louisiana, Oregon, Oklahoma, and elsewhere, the party bosses have disenfranchised Paul voters – closing down party caucuses, rejecting as delegates anyone under 50, and calling the cops when all else failed.

This description of how the convention was governed – and the primaries leading up to it – is precisely how the state works in general. It’s evil and corrupting, and ultimately founded upon violence and coercion. The GOP’s rules are in essence no different from the “Pirate’s code,” which is “more what you call guidelines than actual rules,” to borrow from the famous movie line.

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Name Calling and “Tenther Nullification Nonsense” in Arizona

AzBlueMeanie claims in the article Neoconfederate insurrectionists in Arizona Legislature revive discredited ‘nullification’ theory that:

All elected officials in Arizona take the following oath of office:

“I do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of __________ according to the best of my ability, so help me God.”

And yet the Arizona legislature is populated by Neoconfederate insurrectionists who have violated their oath of office and are actively engaged in acts of domestic insurrection against the United States government.

Let’s get this straight now… AzBluemeanie believes that a state elected official who stands up against what he or she perceives to be a clear violation of the U.S. Constitution has “violated their oath of office and are actively engaged in acts of domestic insurrection against the United States government”. That is a pretty bold statement to make with no evidence to back it up. Nice job!

Let us bring some credentials into the discussion.

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Montanans Plead the 10th

Last August, a group of medical practitioners and pharmaceutical manufacturers filed suit against the federal government in U.S. District Court. They claimed the feds violated their rights by sending armed agents into their businesses and, according to a report in the Santa Fe New Mexican “‘seized and destroyed thousands of live plants,’ and ‘took away hundreds of pounds of dried marijuana’ during a March 2011 raid on licensed producers, and stripped certain providers of lights and other equipment used to grow and distribute the herb, which caused [...] significant financial damage.”

But the district court dismissed the plaintiffs’ claims, saying the issue had “already been decided.”

However, as Daniel Abrahamson notes, medical marijuana hasn’t really been decided by the courts, as most of the relevant cases haven’t actually been argued in court. In nearly all cases, the parties have settled or withdrawn their appeals. So it would appear to be an open question, ripe for such a challenge.

The group hopes they’ll have their chance to advance their case later this year in the 9th Circuit Court. One of the chief complaints raised by attorney Paul Livingston, who represents this Montana group, is that “It is truly astonishing that so much weight is given, so many actions taken, and so much reliance placed on a demonstrably false notion; that marijuana has no known medical uses.”

But the main thrust of their case doesn’t rest solely on the medical science regarding cannabis, the 10th Amendment will also be key to their argument. Livingston will attempt to show that both the power to police and provide safety to the public lie not with the Feds, but with the several states. Such a two-pronged approach ought to be the most effective, insomuch as petitioning the government courts to limit their own powers is concerned.

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Sportsbook Showdown: California Moves to Allow Sports Betting

The federal government currently preempts the states regarding the issue of sports gambling, allowing only four states to sanction the activity. This however may change soon, as legislators in California are considering a bill to decriminalize sports gambling in the state. Under the proposed Senate Bill 1390, which was recently approved overwhelmingly by the senate, sports betting would be allowed at licensed gambling establishments, including casinos and horse-racing tracks.

Unfortunately for freedom lovers, the bill is not the result of someone reading Lysander Spooner’s Vices are not Crimes and deciding to let a thousand flowers bloom. It is entirely an issue related to tax revenue generation, itself the result of profligate government.

It’s no secret that plenty of Californians – and folks in all the other states for that matter – place bets on sporting events, despite a federal prohibition. (Isn’t it funny how laws against non-violent behavior with no victim never seem to work out?) Because of this, legislators are hoping to begin regulating this gambling for the purposes of collecting licensing fees and taxes on winnings.

As part of the legislative process the committee researched Nevada’s sports gambling totals and estimated them to be somewhere north of two and a half billion dollars. Given California’s immense budget deficit, even a fraction of that multi-billion dollar industry would help to relieve fiscal strain. The bill’s sponsor, Senator Roderick Wright, said of the “illegal” gambling “We receive absolutely no money from it,” and suggested the state could end up with “a great deal of money” as a result of his bill.

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