After listening to the Confederate flag debate for several days, I was left feeling like neither “side” of the issue really captures the crux of the matter.Details
While demagogues like Jesse Jackson spew propaganda falsely equating states rights with slavery, the NAACP realizes that the states can be agents for social justice fighting back against a racist, repressive, draconian federal government. That is exactly what we’ve seen with states fighting back against the war on drugs.Details
The idea is that the Obamacare fiasco will anger the American people, leading to a Republican victory. Then the they will assume power, repeal Obamacare and everything will be fine.
This idea is erroneous for many different reasons.Details
A recent opinion article on creators.com headlines, “Let States Write Their Own Pot Laws.”
The Orange County Register editorial board argues that the president should move marijuana to Schedule II status, making it easier to prescribe in medical marijuana states. It also points out the confused signals coming from the Department of Justice. And this was before the DOJ announced it would not challenge new laws for recreational marijuana in Washington and Colorado, even while insisting weed is still illegal.
“I think they’re confused about what to do,” the California coordinator for the National Organization for the Reform of Marijuana Laws said.
After arguing extensively for reclassifing marijuana, the board brushes by the real solution. Pointing out that states are the “crucible of democracy, it says Obama “should to ask his Justice Department and DEA to let the 50 states establish, and enforce, their own marijuana laws.”
In fact, nobody should need to ask permission. The federal government has no power to regulate plants grown within a state.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
We at the Tenth Amendment Center have promoted the idea that nullification brings people from both sides of the political equation together. And although we have seen mainstream voices from the establishment left and establishment right come together to denounce nullification, the idea continues to catch on amongst the freedom-starved American people. One recent example of nullification catching on comes from the left as author W.W. Houston wrote a recent article for the Economist on May 9 triumphing the idea of nullification and states rights.
Houston began his article with an interesting anecdote about the founding of the Republic of Texas. According to legend, freedom fighters in Texas held up a flag over their cannon that said ‘COME AND TAKE IT’ in defiance of their Mexican oppressors. Houston brought up a recent bill that had passed the Texas House that declared all federal gun control laws to be null and void, comparing it to their revolutionary ancestors. Usually, you would expect a mainstream media outlet at this point to go on a tyrade against this legislation calling it “crazy”, “racist”, “extreme” and every other derogatory term they could come up with. However, this time the Economist has thrown us a curve ball and is actually running the pro-States Rights point of view.
The article goes on to give a solid description of the arguments and counter-arguments for nullification before closing tremendously with an eloquent defense of states rights. “The discretion of states to decide what federal laws they will enforce strikes me as part of a healthy division and balance of government power. Requiring that states devote its citizens’ resources to the enforcement of laws with which the state legislature disagrees seems to me straightforwardly to deny the democratic sovereignty of the state’s people,” Houston said.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 Second Amendment Preservation Act” successfully made its way through a Missouri State Senate Committee on Wednesday, bringing the state ever closer to protecting the natural rights of their citizens.
HB 436 was passed by a Senate Committee on a 4-1 vote. The bill was already passed by a strong veto-proof majority in the State House. It now awaits a full vote in the State Senate before it is fully passed and sent to the governor.
UPDATED 04-26 We’ve been informed that the Senate committee removed an unrelated amendment that the house inserted, so after passing the full senate it will first go back to the House for concurrence, then to the governor’s desk.
If passed into law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future. It reads, in part:
All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.
(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
The bill also does a service of providing the State Legislature and the public-at-large with a history lesson that is particularly appreciated by Tenthers, saying, “The limitation of the federal government’s power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.”Details
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
Two bills have been introduced in the Tennessee legislature to stop the indefinite detention provisions of the 2012 National Defense Authorization Act from being complied with by local and state law enforcement officials.
House Bill 1059 and Senate Bill 1290 were introduced on Feb. 11 and Feb. 14, respectively. They were referred to the State Government Committee and Senate Judiciary Committee where they currently await further action. HB 1059 was sponsored by Rep. Rogers (R-Goodlettsville) with seven more House members adding their support. SB 1290 was sponsored by Sen. Summerville (R-Dickson).
HB 1059 says, “Notwithstanding any law to the contrary, no agency of this state, political subdivision acting in his or her official capacity, member of the Tennessee National Guard on official state duty or member of the Tennessee state guard and civil air patrol shall aid an agency of the armed forces in any investigation, prosecution or detention of any United States citizen pursuant to section 1021 of the national defense authorization act of fiscal year 2012.” The Senate Bill contains the same text.
Although these bills do not interpose any criminal penalties for feds who try to kidnap Americans without proper legal protections, they do get the incredibly important idea of non-compliance to federal laws out there to Tennesseans. These bills are a firm stand against the dangerous idea promulgated all too often that the states wield nothing more than vestigial power and are meant to acquiesce to whatever their federal masters dictate to them, no matter how obviously unjust it is.
Sadly, there are still many voices of the soon-to-be obsolete political establishment spewing the same old tired nonsense in opposition. A great example of this is Tennessee State House Democratic Caucus Chairman Mike Turner. He said to the Knoxville News Sentinel that “[Republicans and Democrats] need to show some courage to put these extremists in line. … There are extremists in both political parties. A lot of their extremists got elected to the Legislature. Our extremists didn’t get elected to the Legislature.”Details