Even people who favor big government get upset when the government expands its own power in ways they don’t like.

One of the first articles I wrote for the Constitution 101 series was titled “Living and Breathing Is the Same as Dead.” It makes the fundamental point that if the government can interpret and apply the Constitution in such a way that it expands its own power, the Constitution itself becomes meaningless. You can’t have “rule of law” when the “rule of law” is subject to reinterpretation at the whim of government judges, bureaucrats and elected officials. A constitution must mean what it was intended to mean when ratified, or it’s really pointless to have one.

Big government proponents (on both the left and the right) have pushed this notion of a “living breathing” Constitution for decades in order to further their own policy agendas. Well, some folks in Florida recently got a nasty dose of their own medicine when a state judge essentially said city governments get to interpret statutes as they see fit.

While this wasn’t a constitutional issue, it illustrates the danger of “living breathing law.” In this episode of Thoughts from Maharrey Head, I talk about it.

LISTEN

Thoughts from Maharrey Head focuses on constitutional issues and political decentralization. When you’re finished listening, you’ll be 10 minutes closer to freedom!

You can subscribe to Thoughts from Maharrey Head for free on iTunes. Just click HERE.

SHOW NOTES AND LINKS

Constitutional Interpretation – Living and Breathing is Dead

Free E-Book: The Power of No!: The Historical and Constitutional Basis for State Nullification

The Evolution of Sovereignty in American Political Thought – Part 1

The Evolution of Sovereignty in American Political Thought: States’ Rights


Concordia res parvae crescunt


Small things grow great by concord...

Tenth Amendment Center


"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."


FOLLOW US

Get in Touch

11 + 4 =


MAIL:
PO BOX 13458
Los Angeles, CA 90013


PHONE:
213.935.0553

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.”

LEARN MORE

01

Featured Articles

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

featured articles

02

Tenther Blog and News

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

tenther blog

03

State of the Nullification Movement

108 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

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

path to liberty

02

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

TENTHER ESSENTIALS

Join TAC, Support Liberty!

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

JOIN TAC

01

The 10th Amendment

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

10th Amendment

03

Nullification

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

nullification