For decades now, the Chief Executive, the Supreme Court, and the mammoth unaccountable federal bureaucracy have been operating FAR, FAR outside the Constitution, and too many folks just don’t seem to get it. Or worse, they don’t care. By our silence and routine submission to this endless stream of lawlessness we, in effect, further weaken the Constitution and jeopardize those safeguards that it embodies.

The chief executive and the judiciary must be reined in by Congress. If Congress fails, it is up to the states, per their 10th Amendment authority, to defy and nullify these non-stop encroachments on our liberty and the rule of law.

When it gets to the point that the strongest argument for supporting a GOP presidential candidate is to ensure that only “conservative” judges are appointed to fill court vacancies, shouldn’t it then occur to us that by merely asserting this argument exposes  the awful truth that we have simply delegated  far too much authority in the judiciary–FAR more authority than our Founders ever intended or could have ever envisioned.

When voters fear the appointment of either conservatives or liberals to the court, we are exposing our total ignorance of the constitutional role and limitations of the judiciary by accepting the wholly heretical notion that this judicial monster that now dominates our political system is the ultimate authority on legal, political and social issues. After all, don’t these omniscient jurists obtain their infallible judgement and wisdom from God? Well, that is most certainly how most Americans view these black-robed oligarchs.

To checkmate judicial tyranny, the Constitution delegated to Congress the sacred duty to carefully vet federal judicial appointments to ensure that they are reliably committed to upholding the rule of law and the U.S. Constitution as originally ratified. Failing that, it is the constitutional duty of Congress to immediately impeach and remove any federal judge who violates that trust, be s/he Democrat or Republican, liberal or conservative.

In short, the proximate causes for the relentless stream of lawless, unconstitutional judicial rulings is first faithless, agenda-driven judges and second an unprincipled, spineless Congress unwilling to exercise its constitutional authority to impeach and remove demonstrably faithless judges.

But ultimately, the fault lies with the states, which routinely submit to judicial imperialism with but a faint whisper of objection. Per the 9th and 10th Amendments, states are absolutely  empowered to render null and void any unconstitutional acts, not only of the federal court system, but also of the chief executive, the Congress and the fourth branch of government, the latter being that suffocatingly lawless federal bureaucracy which now routinely operates outside the Constitution.

So, why doesn’t Congress impeach, and why do the states fail to protect their citizens from the blizzard of federal encroachments? In the case of our timid Congress, it is our reps’ propensity for self-aggrandizement, ideological accommodation and political survival. In the case of the states, it is the mountains of federal hand-outs they receive for their submissiveness. In short, MONEY and POLITICAL SELF-INTEREST drive this government–not bedrock constitutional principles.

By original design, the states and Congress are the People’s principal defenders of their rights to life, liberty and the pursuit of happiness. But it is the People who must ensure that our founders’ clear meaning and intentions are no longer ignored or flouted by local, State or federal apparatchiks. Thus, the ball is in our court. But, alas, what will we do with that ball? Kick it down the road again, or simply pretend it’s not there?

As the ultimate arbiters of what is and is not constitutional, we, the creators of this federal constitutional republic, continue to ignore and dodge our responsibilities in this regard at our own peril.

(“Seemingly guided by Chief Justice Hughes’s arrogant and insidious assertion in 1941 that ‘we are under a Constitution, bu the Constitution is what the judges say it is’, the court’s unelected judicial oligarchs, aka judicial legislators, have, over the years, proven to be unreliable defenders of the Constitution.”

(“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. James Madison, Federalist #47)

jim delaney
Latest posts by jim delaney (see all)

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.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.