Why We Need a Constitution

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:

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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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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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Federalism and the 10th: The State Reclamation Begins

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…

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Federalism and the 10th: The States’ Great Awakening

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…

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Federalism and the 10th: How It Works

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.

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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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Texas Moves To Nullify NDAA

House Bill 149 (LS: 83R) – Texas Liberty Preservation Act.

Website: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB149

HB149 is a Bill introduced in the Texas Legislative Process on Nov. 12, 2012, by its author (Rep. Lyle Larson) and currently sits at stage 1 (filed). The design of the Bill is to nullify portions of the National Defense Authorization Act (NDAA) implemented by the federal law. Specifically, sections 1021 and 1022 are being made invalid and illegal in the State of Texas. You can read the entire bill here: http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/HB00149I.pdf#navpanes=0

Section (1) (b) (1) of the Bill lays out the constitutional groundwork of the findings that prompted the bill in the first place. It notes the limitations of the federal government under the 10th Amendment. It read:

(b) The legislature finds that:
(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it under Article I, Section 8, United States Constitution;

Many people think that whatever the federal government creates as law it is the “supreme law of the land” but that is not true. Often the federal government creates laws that are thrown out because they go beyond the powers delegated to the government in the Constitution. Section (1) (b) (3) of the Bill makes this point eloquently clear. It reads:

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EPA to World’s Hungry: “Let Them Eat Cake”

Ethanol corn mandates are not just useless.  When people are starving, these policies make the problem worse.  Much worse.

What’s the number one reason we riot?  The plausible, justifiable motivations of trampled-upon humanfolk to fight back are many—poverty, oppression, disenfranchisement, etc—but the big one is more primal than any of the above.  It’s hunger, plain and simple.  If there’s a single factor that reliably sparks social unrest, it’s food becoming too scarce or too expensive.  So argues a group of complex systems theorists in Cambridge, and it makes sense.

But how accurate is the model?  An anecdote the researchers outline in the report offers us an idea.  They write that “on December 13, 2010, we submitted a government report analyzing the repercussions of the global financial crises, and directly identifying the risk of social unrest and political instability due to food prices.”  Four days later, Mohamed Bouazizi set himself on fire as an act of protest in Tunisia.  And we all know what happened after that.

“Recent droughts in the mid-western United States threaten to cause global catastrophe,” Yaneer Bar-Yam, one of the authors of the report, recently told Al Jazeera.  “When people are unable to feed themselves and their families, widespread social disruption occurs.  We are on the verge of another crisis, the third in five years, and likely to be the worst yet, capable of causing new food riots and turmoil on a par with the Arab Spring.”

Did you catch that?  “Recent droughts in the mid-western United States threaten to cause global catastrophy,” Why are recent droughts such a threat?  Because,

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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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