The following was an email we sent to each legislator in Indiana this week.

Dear Legislator,

The 10th Amendment codifies in law that We the People of the several states created the federal government to be our agent for certain enumerated, or listed, powers – and nothing more.

The essential question of our day, though, is this – when the federal government violates these limits, what do we do about it? Remember the words of Thomas Jefferson who reminds us that the States are“the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies.”

The question remains – what do we do about it?  Jefferson again gave us the answer.  In 1798 he wrote that “whensoever” the federal government “assumes undelegated powers,” that a “nullification of the act is the rightful remedy.”

Notice that Jefferson didn’t tell us that a nullification of the act is a “good idea” – or that we should first try federal lawsuits or wait for the next election cycle.  He said, in fact, that every time Congress exercises powers not delegated to it – every time – it must be resisted on a state level.  Thus, when states like Indiana pass laws to reject unconstitutional federal “laws” – this is not rebellion – it’s duty.


If we are to take Thomas Jefferson’s advice seriously, you can stand up for the Constitution as we do – Every issue, every time. No exceptions, no excuses.

In the past few years, dozens of states have found such courage – and are standing up and saying NO to Washington D.C. – and they’re gaining more success every day.  25 states have effectively blocked the 2005 Real ID act.  15 states, most recently Arizona, have rejected federal laws on marijuana.  And just today, a federal judge validated the Virginia Health Care Freedom Act – which says that national health care mandates are illegal.

What can you do for Indiana right now?  Plenty!  John Dickinson, the penman of the American revolution, told us that “Small things grow great by concord…”  Something as simple as a non-binding resolution can rally the people to a great cause.  Over the past 3 years, non-binding 10th Amendment resolutions have, indeed, rallied people around the country to the cause of the Constitution, and the time to take the next step is now.  Not next year, and not next month.  Today, not tomorrow.  Now.

Here’s a few bills that the Tenth Amendment Center recommends – and we strongly urge you to consider championing in your state.  You can submit them as is, or you can modify them to fit the needs of your constituents and your state.

1.  The Intrastate Commerce Act
When federal politicians are asked where they get constitutional authority for new programs, they regularly cite the “interstate commerce clause” – Article I, Section 8, Clause 3 – of the Constitution.  Sadly, though, the kind of power they claim and use – is nothing like what the founders gave us in the Consitution.  The Intrastate Commerce Act rights decades of wrongs from D.C..  It has already been pre-filed in Virginia, with a number of other states around the country indicating they will as well.  Join us in Indiana – and stand up for the constitution today!

The Act provides that all goods grown, manufactured or made in your state, and all services performed in your state, when such goods or services are sold, maintained, or retained in your state, shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce.


2.  The Federal Health Care Nullification Act
While the health care lawsuits, and the popular health care freedom acts around the country have been addressing the mandates in the national health care bill, none have gone so far as to ask the most important question – where in the Constitution is there any authority for the federal government to be involved in the health care business at all?  Should we look beyond errant Court precedents and go directly to the founders’ constitution – the answer is none.  The Federal Health Care Nullification Act – already pre-filed for 2011 in Texas, with 10 more likely on board – shows your constituents that you have the courage to stand not just for something popular, but something that’s right.

“The Legislature of the State of Indiana declares that the federal law known as the “Patient Protection and Affordable Care Act,” signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.”



Whether the subject be the TSA’s invasive screenings, the food bill which the U.S. Senate recently passed, commercial regulation, health care mandates, monetary policy, or a host of other issues, it is readily apparent that a large number of situations exist in which the citizens of Indiana are looking to the wisdom and direction of you, their state legislators.

The Tenth Amendment Center has model legislation available for these and other issues, and is happy to share with you whatever fits your needs today.  Should you have any questions on these, or other issues, we at the Tenth Amendment Center stand ready to assist you in whatever way we can…  please don’t hesitate to contact us.

Michael Boldin

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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