A recent debate between two prominent legal scholars has shed some light on how the Constitution is interpreted by modern-day intellectuals.Details
Cross Posted from the Pennsylvania Tenth Amendment Center.
Bear with me. We need some background before I get to my point.
In the article, “On Violence, Government, and Self-Deception”, I offered three possible philosophical stances on violence. Those were,
1.) Pacifism: No violence under any circumstances; 2.) Non-Aggression: Defensive violence is allowed, aggressive violence is not; 3.) The end justifies the means. Aggressive use of violence is allowed, “for the right reasons”.
I also noted that,
In order to develop a personal philosophy about government, one of the first requirements is to come to an understanding of one’s beliefs about violence. When is it OK to use violence and when is it not? This understanding is necessary because at it’s core, all of government is violence.
At the time, I described my own personal philosophy towards violence as “non-aggression”. My understanding of that phrase is similar to how it is stated by Tom Woods, here, “nobody should initiate aggression against anybody else“. Alternatively, wikipedia describes it, thusly, “In contrast to nonviolence, the non-aggression principle does not preclude violence used in self-defense or defense of others“.
Of course, taken to its conclusion, strict adherence to the non-aggression principle requires elimination of the state because taxation is a form of aggression. Knowing that, I have been aware of the contradiction between my actions and my beliefs when I promote state level legislation and adherence to the US Constitution at the same time as believing in the principle of non-aggression. I don’t like it when there is inconsistency between my beliefs and actions, so the attempt to resolve this conflict has been a frequent area of thought for me during the last few years.
Eventually, I came up with this simple thought experiment:Details
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?Details
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.
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.”
The State of Missouri is getting serious when it comes to protecting the gun rights of its citizens, and the legislature has proposed amending their State Constitution to show they that mean business.
Senate Joint Resolution 14 was passed by a landslide 29 to 2 vote on Apr. 4, and this proposed State Constitutional Amendment would provide ‘that a citizen has the right to keep and bear arms in defense of their family, in addition to the current rights in defense of home, person and property.’
The bill gets even better from there as it would not just re-affirm gun ownership rights for individuals but it would also remove ‘language stating that the right to keep and bear arms did not justify the wearing of concealed weapons’ and provide ‘that the rights guaranteed under this provision of the Constitution are unalienable. The State of Missouri is obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.’
The language in this proposed amendment is clear that the State of Missouri must act decisively in protecting the God-given right to bear arms. It is unclear how this would exactly take shape during a full-scale federal ban and seizure of firearms, but this type of action is a decisive rebuke of the would-be gun grabbers and creates the legal requirement that the State defend against such acts. The message is being sent loud and clear to the federal usurpers that at least one state will be firmly on the side of the people should they overstep their bounds on this important issue.Details
Collier County, Florida has taken measures to protect the safety and security of its citiz
ens, passing a resolution that will nullify any federal gun control measures in that county.
The resolution was passed on Feb. 26 with a unanimous vote and declares ‘that no county resources be used in the implementation of any Federal law, executive order or executive directive that infringe on the right to keep and bear arms.”
The resolution also calls for the state government to follow their lead and be vigilant in defending the liberties of Floridians saying, “The Collier County Board of Commissioners calls upon the Governor and the Florida Legislature to immediately pass an act to nullify the implementation within the State of Florida of any Federal law, executive order or regulations restricting the right to keep and bear arms.”Details
The Citizens of the State of Georgia need to make their voices heard in this moment of history.
Washington D.C. has felt it appropriate to make its influence known in every county across these States United. It behooves The People to stand up in defense of the rights and liberties which were secured to us in the Constitution of the United States. In the name of general welfare and safety, the federal legislation machine manufactures and spits out unconstitutional laws in order to control us in the realms of healthcare, gun ownership, education and property rights to name just a few.
Judge Andrew Napolitano stated a truth for the people to stand on in a commentary concerning President’s Day:
All presidents but Jefferson have argued that their first job was to keep us safe. All presidents but Jefferson were wrong. If you read the Constitution, you will see that the President’s first job – as Jefferson understood well – is to keep us free.
And The People are standing… The calls for nullification of many over-reaching unconstitutional federal laws can be heard throughout the country and are now daily news. The nullification naysayers, as well, continue their dribble at the risk of their own liberty and freedom.Details