Want to stop the sociopaths in Washington DC?

Ron Paul told you how.  Judge Napolitano is on board.  Tom Woods provides intellectual firepower to back it up.

And today, I’ll share six steps to get you started.

Obviously, it will take some work.  But what should a liberty lover actually do?

March on DC? Lobby Congress? Support a campaign in the 2016 presidential election?

Answer: No. No. And, no.

RON PAUL’S ADVICE

Ron Paul said nullification would “reverse the trend and stop the usurpation of all the powers and privileges from the states to the federal government.”

The game-plan is right in front of you. It’s nullification.

That bears repeating: if you want to stop federal thugs, Ron Paul advises you to nullify.

I can’t think of a stronger endorsement for libertarians than this powerful statement from the man who brought the principles of liberty to the mainstream.

Think about it.  Nullification isn’t just an interesting theory or some historical oddity for study.  It’s a method Ron Paul himself endorsed as a path to “stop the usurpation of power.”  That’s serious business, and a call for you to take action.

DEFINITIONS

What IS nullification?  In order to share a plan of action, you must first understand what nullification is.  When Thomas Jefferson called it the “rightful remedy,” he didn’t specifically define it.

Dictionaries from that time offer a pretty broad definition. Nullify: To annul; to make void.

Dictionary.com is far more specific.  Nullification: “the failure or refusal of a U.S. state to aid in enforcement of federal laws within its limits, especially on Constitutional grounds.”

Personally, I find that definition far too narrow.

Tom Woods’ indispensable LibertyClassroom.com says nullification happens when states “refuse to enforce unconstitutional federal laws.”  Woods also points out that outright resistance can be part of the process too.

The Tenth Amendment Center takes a “big tent” view when defining nullification: “Any act or set of acts which has as its end result a particular law being rendered null and void, or unenforceable within a particular area.”

NULLIFICATION: IN PRACTICE

Nullification is more about the end result than the method.  There are five main paths.

1. “Legalized” public defiance.  State laws allowing what the feds have banned can accomplish nullification.  Such laws encourage people on the margins to join in with others already defying the federal act.

State marijuana laws fit into this category. In a conversation with Judge Napolitano, Ron Paul confirmed state marijuana laws are an act of nullification.   In his recent Mises Institute article, Mark Thornton agreed.

While such laws don’t create physical barriers blocking DC from enforcing their criminal acts, time and increasing numbers create a situation the feds can no longer stop or control.

2. State, local and individual noncompliance.

By 1928,28 states stopped funding alcohol prohibition enforcement and local police only sporadically enforced the law. In a 1925 address to Congress, Maryland’s Senator Brucestated, “national prohibition went into legal effect upward of six years ago, but it can be truly said that, except to a highly qualified extent, it has never gone into practical effect at all.” 

There are similar actions happening today.  Washington State and Colorado will stop enforcing marijuana prohibition.  Andstates and local communities are considering bills refusing cooperation with NDAA “indefinite detention” provisions or gun control measures.

Judge Napolitano recently observed how powerful noncompliance like this can be.  He noted that the federal government simply doesn’t have the manpower to enforce all its laws.  Therefore, noncompliance can make federal laws “nearly impossible to enforce.”

Ron Paul strongly supports individual noncompliance:

“Rosa Parks is one of my heroes, Martin Luther King is a hero — because they practiced the libertarian principle of civil disobedience, nonviolence.”

3. State and local interposition.  State agents “stand between” you and the federal government to protect your rights.  In general, this includes criminal charges for federal agents attempting to enforce a nullified “law.”  Inresponse to the fugitive slave act of 1850, a number of states did just that and were quite effective.

Two bonus categories:

Jury nullification.  A jury votes to acquit, even if a “law” was broken.

Individual nullification.  Every time you break a so-called “law” and get away with it, you nullify.

TAKE ACTION NOW

Here are some steps that you can start taking now.  Not after the next election, and not next year.  Not next month or next week.  Today, not tomorrow.  Right now. 

1.  Forget that the 202 area code exists.   If you’ve spent days calling DC to support or oppose this or that, you’ve wasted your time.  To advance liberty, forget DC – that pit of criminals. You will never, ever accomplish your goals there.  Don’t call anyone there.  Don’t send letters to reps or senators.  Don’t support campaigns, or donate money to them. Ever.

2.  Support all nullification bills.  Any piece of state or local legislation pushing back on federal power, whether refusing compliance with so-called federal “laws,” or frustrating or preventing enforcement, is a good thing.   As Thornton wrote on Mises.org, “This is important, because, if thanks to nullification, governments have to obtain acceptance, or at least acquiescence from subsidiary governments, rather than just imposing their dictates on them, they are more likely to act in a less threatening and harmful manner.”

3.  Get on a jury.   As Don Doig and Stewart Rhodes wrote, “Serving on a jury should be viewed as a form of liberty guerrilla warfare in the current ‘soft’ or cold war between the forces of liberty and the forces of tyranny.”  Vote to acquit!

4.  Vote with your Money.  Market demand can overpower even the strongest government.  Hundreds of marijuana shops flat-out defying federal power in one city alone proves it.  The feds may rough people up from time to time, but they’re fighting a losing battle.   As much as you can, support businesses, organizations and individuals willing to defy government power.  Every dollar you spend helps grow the market and makes it stronger.

5.  Just say YES!  If they ask you to turn in your firearm, will you?  When it comes time to comply with mandated insurance coverage, will you be obedient?  Will DEA bans prevent you from planting hemp?  Will you continue to comply with legal tender laws on gold and silver?  Will you fight that next war because “it’s your duty?”

A “No!” to tyrants is a “Yes” to liberty.

ONE FINAL STEP

Be patient.

Criminal politicians have proven over decades that taking one small step at a time is extremely effective. Liberty will not win in one year, one legislative session, or with one action.  It will take time and relentless action.

I agree with Murray Rothbard’s warning against “falling prey” to “short-run optimism”:

For short-run optimism, being unrealistic, leads straightway to disillusion and then to long-run pessimism.

Become a member and support the TAC!

I urge you to heed Rothbard’s advice:

For the libertarian, the main task of the present epoch is to cast off his needless and debilitating pessimism, to set his sights on long-run victory and to set about the road to its attainment.

Our long-run victory will come one step at a time.

The path is before us.  Nullify, nullify, and nullify!

The post Six Steps You can Take To Nullify Now appeared first on Tenth Amendment Center.

It seems obvious to me that in order to hold a place of prominence at MSNBC you either need to be a partisan hack, or totally clueless of history.

Probably both.

So when MSNBC’s The Rachel Maddow Show producer Steve Benen shares his opinion, it’s usually just best to turn a blind eye to his idiocy.

But, sometimes it’s important to pay attention to what they say because it can actually give us insight on just what we should do for liberty.  In fact, if you believe in the right to keep and bear arms and wonder what to do to support that right, you’ll get all the advice you need in Steve’s recent Maddow Blog article, “Pointless Nullification in Kansas.”

Surprised?  Read on.  It’s true.

BACKSTORY 

This month, Kansas Governor Sam Brownback signed into law the “Second Amendment Protection Act,” a bill that reasserts the state’s role in protecting the right to keep and bear arms of those living there.   The bill reads, in part:

“Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas.”

In conjunction with the above clause, the bill defines what is meant by “the Second Amendment to the Constitution of the United States,” and that it isn’t based off a decision by the Supreme Court.

The second amendment to the constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861, and the guaranty of that right is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.

By definition, state and local agents cannot enforce any acts or actions that are “null, void and unenforceable in the state of Kansas.”  Based off this text, the state of Kansas now cannot participate in any federal gun control measures that restrict the individual right to keep and bear arms as understood when Kansas became a state in 1861.

I happen to think such a state law is a big deal.   In Steve’s blog “report” on the issue, he quoted me as saying that this bill is “potentially the most important state level bill passed in modern American history.”

He didn’t take too kindly to that opinion, though, and spent some time talking about my “hyperbole” and the “cause for alarm” over the fact that Brownback signed this bill into law.

In fact, Steve spent quite a bit of time explaining how such an act is a waste of time.  He even said the law doesn’t make “any sense at all.”

SENSE 

So here’s some sense for our propagandist.  According to Steve, the courts, and the court only, determine what the constitution actually means.  But that flies in the face of what James Madison had to say.  You know Madison, the guy referred to as the “Father of the Constitution.”   In his own words:

“The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.”

No tribunal above the authority of the states?  Hmmmm.  That doesn’t jive with Steve’s version.

In Federalist #46, Madison also told us how to deal with things that the States determined were unconstitutional.  He wrote:

“Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.”

Steve Benen’s Constitution:  The states have no role in determining Constitution.  If they don’t like a federal law, they can “challenge the law in the courts.”  In other words, they should ask a branch of the federal government to limit the power of the federal government.

Yeah, OK.  Right.  We’ll get right on that, Steve.

James Madison’s Constitution:  The states have “no tribunal above their authority” to determine when the Constitution has been violated.  That includes the “supreme court” tribunal.  And, when states determine the Constitution has been violated, they should use “legislative devices” to create “very serious impediments” and even pass laws that would be a “refusal to cooperate” with agents of the federal government.

In fact, that’s just what Brownback signed into law.  The Kansas Second Amendment Protection Act follows Madison’s advice.  It’s a state legislative device which not only codifies into state law that virtually any and every federal “act, law, treaty, order, rule or regulation” regarding your right to keep and bear arms is unconstitutional, it also bans their enforcement by referring to them as “unenforceable.”

ADVICE

Steve spent time and energy, plus the space on Maddow’s MSNBC website, to convince you that the Kansas law is “pointless.”  If it were so pointless, he wouldn’t be wasting time on it.  Period.  So if you support the Second Amendment, this should serve as a serious call to action.

When Steve, Rachel, or anyone else at MSNBC wants you to stay away from doing something to protect the right to keep and bear arms that James Madison advised, you should take that as a big, green light to double-down and push that direction even harder.

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As Judge Andrew Napolitano said recently, such widespread noncompliance in the states will make federal gun control laws “nearly impossible to enforce.” (video here)

Madison and Judge Nap are good enough for me.  But it’s even more important to recognize that we should treat everything from MSNBC as if it’s opposite day.  When they tell you it’s a waste of time, you know it’s already having effect.  And you know it’s going to work.

So get out there and nullify gun control.  Support the right to keep and bear arms, and convince your state, county, city, or town to pass the Second Amendment Preservation Act today.

They don’t want us doing this.  We’re doing it anyway.

The post MSNBC: Where it’s Always Opposite Day appeared first on Tenth Amendment Center.

Me. With pie.

I like pie.

Strike that.  I absolutely love pie.  I consider “bad pie” to be an oxymoron.  But, anytime I’ve ever tried to eat an entire pie in one sitting (yes, this has happened more than once), I’ve had some negative results.

Because of this, I’ll generally just eat a single slice.  Ok, two.  Maybe three.  But that’s pushing it.  Sometimes, if I’m at my favorite pie shop, I’ll get an extra one.  For later.

When working for liberty, I find myself taking the same approach.  I love the whole pie of liberty.  If I could have it all at once, I’d definitely go for it.  Generally, though, I’ve found that taking it once piece at a time tends to be a far more successful approach, one that’s likely to be more long-lasting.

REVERSING THE TREND

When I founded the Tenth Amendment Center back in 2006, I never even conceived of much more than a little bite.  What originally started out as a single-person blog with the goals of reaching just one person with each post has grown into a national movement.

Lately, many liberty-oriented political activists and organizations have started getting more and more involved in the nullification movement.  Certainly, Ron Paul has had some influence on this, as many people involved in his grassroots political effort watched him on the campaign trail speak favorably of nullification.  And even quite strongly in favor during a debate.

When Ron Paul says that nullification would “reverse the trend and stop the usurpation of all the powers and privileges from the states to the federal government,” I would suspect that a libertarian, political activist or not, would likely take notice.

I can’t think of a stronger plea for libertarians to put their energy into nullification than that statement from the man who brought the principles of liberty to the mainstream.

Think about that.  Nullification isn’t just an interesting idea, it’s a method that Ron Paul has endorsed as a method to “stop the usurpation of power.”  That’s serious business.

DEFINITIONS

But that leaves a question.  What IS nullification?  When Thomas Jefferson called it the rightful remedy, he didn’t define it.  And if you were to look at a dictionary from that time, you’d get a pretty broad definition for nullify: To annul; to make void.

On the word nullification, Dictionary.com is far more specific.  The word is defined as “the failure or refusal of a U.S. state to aid in enforcement of federal laws within its limits, especially on Constitutional grounds.”

Personally, I think that definition is far too narrow.

Tom Woods’ indispensable LibertyClassroom.com informs us that nullification is when states refuse to enforce an unconstitutional law, but he also points out that outright resistance can be a part of the process too.

At the Tenth Amendment Center, we’re very “big tent” in our thinking about what nullification is.  We’ve defined it like this: “Any act or set of acts which has as its end result a particular law being rendered null and void, or unenforceable within a particular area.”

NULLIFICATION: IN PRACTICE

In essence, the goal of nullification is to stop a particular act from taking effect.  That means nullification can take many forms.  These are what I see as the main categories:

1. Authorized public defiance.  State medical marijuana laws fit in this category.  The laws authorize people to use a plant that’s illegal to the feds.  Licenses are generally issued by the state to operate those businesses.  On their own, state and local police don’t harass people following those laws, but do assist the feds when called upon for enforcement. Over time, even with that “cooperation” happening, the effects become greater. In Los Angeles alone, for example, there are currently over 1000 marijuana stores in operation today.   A few get busted every month, most open back up within 24 hours, but 98% or greater are never even bothered.

2. State and local noncompliance.  By 1928, 28 states had stopped funding for alcohol prohibition enforcement and local police were sporadic in their enforcement efforts. In a 1925 address to Congress, Maryland’s Senator Bruce stated, “national prohibition went into legal effect upward of six years ago, but it can be truly said that, except to a highly qualified extent, it has never gone into practical effect at all.” 

Similar actions are being taken today.  Washington State and Colorado will be stopping enforcement on marijuana prohibition.  And states and local communities are considering bills to refuse cooperation with the “indefinite detention” provisions of the NDAA, or federal gun control measures.

3. State and local interposition.  Agents of the state would “stand between” you and the federal government to protect you from violations of your rights.  In general, this would include criminal charges for federal agents attempting to enforce a law being nullified.  In response to the fugitive slave act of 1850, a number of states passed laws to do just that.  They were quite effective too.

And two bonus categories:

Jury nullification.  This is when a jury prevents a conviction even if a “law” was broken

Individual nullification.  Every time you speed on a highway without punishment is a good example.  The more widespread the individual nullification actions, the harder that enforcement will become, potentially encouraging more individuals to do the same.

MISINFORMED

Oddly enough, lately some libertarians who are grassroots leaders have been making the claim that calling on states to arrest federal agents is the only act that qualifies as nullification.  They attack the Tenth Amendment Center like we’re some kind of neo-con sham organization, telling their supporters that supporting other forms of nullification is a fake, or “political cover for politicians.”

Or, they claim that anything but an attempt to slap federal agents with criminal charges is “watered down”  or “meaningless.”

One group has gone so far as to publicly state they will actually oppose anything requiring noncompliance and “fight to keep it from being signed into law.”

GOOD AND EFFECTIVE

Ron Paul seems to be a big supporter of noncompliance.  In 2008, he said the following:

“Rosa Parks is one of my heroes, Martin Luther King is a hero — because they practiced the libertarian principle of civil disobedience, nonviolence.”

I will never understand why anyone who actively campaigned for a man who considered Rosa Parks a hero would view saying “NO!” as political cover, meaningless, or something to oppose.  But I digress.

Ron Paul has also pointed out that state marijuana laws are, in fact, an act of nullification.  But they don’t even rise to the level of noncompliance.  And California has never threatened to arrest federal agents.  But it’s still nullification.

And it’s not just Ron Paul.  Judge Andrew Napolitano recently made the observation that the federal government simply doesn’t have the manpower to enforce all its laws.  And because of this, noncompliance has the ability to make federal laws “nearly impossible to enforce.”

BACK TO PIE

Holding the view that the only way to nullify is via option 3 is not just incorrect, it’s an attempt to eat an entire pie in one sitting.   In California in 1996, no one would’ve gone for that option (and they still aren’t).

If they hadn’t taken option 1 as a step forward – a piece of pie – Ron Paul may not have been talking about that as nullification with Judge Nap in 2011.

I understand that people who value and love liberty are pretty sick and tired of it being under constant attack.    What sane person wouldn’t be?

But opponents of liberty have spent decades upon decades proving that taking one piece at a time is an extremely effective method.  I sure would love to pig out on an entire banana cream pie of liberty in one sitting, but I can guarantee you that’s not going to happen.  And on top of it, I agree with Murray Rothbard who warned against “falling prey” to such “short-run optimism”: 

For short-run optimism, being unrealistic, leads straightway to disillusion and then to long-run pessimism.

Become a member and support the TAC!

Rothbard also offered advice:

For the libertarian, the main task of the present epoch is to cast off his needless and debilitating pessimism, to set his sights on long-run victory and to set about the road to its attainment.

In the end, nullification really comes from the individual who gains courage as the movement expands, and defies the government in more and more ways over time.  Mass noncompliance renders federal laws toothless.

I believe our long-run victory will come one individual and one delicious piece of pie at a time.

The post Nullification and Pie appeared first on Tenth Amendment Center.

Most Americans know her story.

Parks was riding the Cleveland Avenue bus home from work in Montgomery, Alabama on Dec. 1, 1955, when the white only seats in the front filled with passengers. Bus driver James Blake moved the “colored” section sign behind the row Parks was sitting in and demanded that she and the three other black passengers move to seats in the rear of the bus to accommodate the white riders.

Parks later said, “When that white driver stepped back toward us, when he waved his hand and ordered us up and out of our seats, I felt a determination cover my body like a quilt on a winter night.”

The three other people in the row complied.

Rosa Parks did not.

“When he saw me still sitting, he asked if I was going to stand up, and I said, ‘No, I’m not.’ And he said, ‘Well, if you don’t stand up, I’m going to have to call the police and have you arrested.’ I said, ‘You may do that,’” Parks recalled in a 1987 PBS documentary on the Civil Rights movement.

Notice what Parks did not do.

She did not punch the bus driver in the face. She did not pull a gun and start firing away at the police officers when they showed up to arrest her. Her actions had no “teeth.”

She just said, “No.”

In fact, she was the one bitten. Police arrested Parks and she spent a day in jail. She was tried four days later and convicted of disorderly conduct. The judge fined her $10 and $4 in court costs. She also lost her job as a seamstress at a local department store.

But Parks’ actions that day sparked the Montgomery bus boycott and ignited the civil rights movement. Dr. Martin Luther King Jr. rose to prominence during the boycott, and when it was all said and done, America was a different place. As the King Institute at Stanford University points out, “The bus boycott demonstrated the potential for nonviolent mass protest to successfully challenge racial segregation and served as an example for other southern campaigns that followed.”

Jim Crow died because one woman had the guts to say, “No.”

Would anybody argue that Parks’ actions lacked courage or effect simply because they didn’t have “teeth?”

Certainly not!

Yet we get this argument all the time at the Tenth Amendment Center when we support noncompliance bills lacking criminal penalties for federal agents.

As anybody who has stood in an arctic wind knows, things without teeth can still bite.

A simple, “No” carries great power. As Parks demonstrated, we don’t have to swing our fists, or lock up federal agents, to bring about sweeping changes. Simply refusing to comply can be a complete game-changer.

We need only look at the growing movement to nullify federal marijuana prohibition at the state level to see the truth.

According to the feds, it was illegal when California voters approved its medical marijuana program in 1996. They did it anyway. Californians looked the feds in the eyes and said, “No. We will not follow your law.”

The Supreme Court unsurprisingly affirmed federal power to regulate a plant grown in somebody’s back yard for pain relief in the 2005 Gonzales v. Raich decision. Did the people of California shut down their medical marijuana programs because the Supreme Court upheld the unconstitutional federal act? Nope. They looked the black-robed federal employees in the eye and said, “No, we don’t really care about your opinion.”

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A funny thing happened over the years. Other states jumped on board, said, “No,” to federal marijuana laws, and started their own medical marijuana programs. Eighteen states to be exact, with more expected to join the ranks this year.

The people of Washington and Colorado took things to the next level last November. Voters approved legalization of weed across the board. The people said, “No, federal overlords. We will not comply with your so-called law.”

The feds continue to bluster and push back. They come in and raid dispensaries and threaten large-scale marijuana growers. But the issue continues to slip away from the federal government. It simply can’t force a large number of states to comply when the people don’t want to. For all practical purposes, we are witnessing the nullification of federal marijuana ‘laws.’

These state level marijuana acts don’t carry penalties at all. Not for the feds. Not for state agents. They feature no enforcement measures. They bare no teeth.

State marijuana bills simply set up a mechanism of noncompliance.

And they work.

Rosa Parks proved it. “No” can change the world.

The post The Power of No appeared first on Tenth Amendment Center.

OK – Maryland lawmakers didn’t exactly grant direct support for indefinite detention without due process, but they did refuse to pass a bill that would have blocked the state of Maryland from assisting or providing material support to federal attempts to throw a black bag over somebody’s head and drag them off into the night. In essence, those voting down the Maryland Liberty Preservation Act of 2013 tacitly agreed that the federal government has such power, and furthermore, they have no problem with agents of the Maryland government helping the feds out.

So yes, when you boil it all down, they voted to support federal kidnapping.

Not surprisingly, the vote went along party lines.

Democrats in the Maryland Health and Government Operations Committee marched in lockstep to block Republicans’ attempt to nullify federal indefinite detention provisions written into the National Defense Authorization Act.

You read that right.

Democrats – the party of the “Peace President” – support federal kidnapping in Maryland.

In some ways, the election of Barack Obama turned the political world on its head. It put a vibrant anti-war movement to sleep and turned some of the most vocal critics of President George W. Bush into cheerleaders for his policies. The party that railed against torture and the Patriot Act now gleefully embrace indefinite detention without due process and execution by drone. Oh, and by the way, the Patriot Act is cool now too!

Nothing to worry about.

Their guy is in charge.

Of course, the Democrats don’t stand alone in their hypocrisy. Do you really think we would still find robust Republican support for blocking indefinite detention provisions in the NDAA if Mitt Romney had won in November?

In fact, we still see vestiges of Republican love for the security state in the withered forms of Sen. John McCain and Sen. Lindsey Graham. While the Republican rank-and-file swooned over Rand Paul’s filibuster of John Brennan’s nomination to head up the CIA, McCain and Graham both lobbed rhetorical grenades at the senator from Kentucky. Perhaps they recognize that they will certainly one day regain the helm, and they don’t want to worry about any future constraints on their Orwellian vision of a well-entrenched police state.  You have to at least give these old stalwarts credit for their commitment to principle – however awful that principle might be.

But, for the most part, Republicans played cheerleader for Paul, while Democrats fell silent, or in some cases vocally criticized his stand against death-by-drone. The momentum of Paul’s 12-plus hour speech on the Senate floor even propelled him to a CPAC straw poll victory. But while those of us battling for civil liberties here in the good-ole US of A would like to think Paul’s filibuster woke up the Republican Party at large to the danger posed by big-government programs designed to make us more “secure,” we know the sad truth. Save a few principled members of the GOP, Paul’s support stems from fear and hatred of the current president, not a commitment to the Constitution.

Once the elephants march their guy back into the White House, and they surely will at some point in the future, the old order we all know will reestablish itself. The lefties will once again fill the streets protesting whatever foreign adventure the powers-that-be concoct. Democrats will once again vilify the president as a war-monger and shredder of the Constitution. And the right’s support for blocking indefinite detention and drones will likely fade away like an old photograph in the sun.

We’ve read from this same script for years. And it demonstrates a chilling fact.

Most Americans devote themselves not to a set of principles, not to the Constitution, but to their political party.

In America, red versus blue drives the political process. If it hurts the blue team, the read team will embrace it. If it can damage the reds, the blues jump on board. What we stood for this week will shift 180 degrees if some party boss decides it will create an advantage over the bad-guys. We’re anti-war until our guy starts the war. We stand for civil liberties until walking over them scores some points in the press. We’re for kill lists until we stand against them.

Political pragmatism and party politics trump principle, and when it’s all said and done, Americans always end up with less freedom and less liberty, while both political parties consolidate power. After all, we need our party to rescue us from the evil policies of the other guy!

George Washington warned against parties in his farewell address on Sept. 17, 1796.

“However [political parties] may now and then answer popular ends, they are likely in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.”

Cunning, ambitious and unprincipled men and women, indeed. We see it over and over again. The fractious parties beat each other up in front of the cameras, and then collude to consolidate power behind marble walls. It’s all about power, and the illusion of a great political divide feeds the monster.

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Democrats and Republicans alike trumpet constitutional principles when it fits their agenda, and flush them away like discarded toilet paper when it doesn’t.

At the Tenth Amendment Center, we don’t play party politics. Violate the Constitution, we will call you out. Support indefinite detention – we will oppose you. Put your name behind drone nation, we’ll pounce. Clamor for undeclared wars…expect our passionate resistance. Champion unconstitutional health care, education and environmental programs, we’ll stand against you.

We stand on principle.

We need more of that in our political discourse.

Less Democrat. Less Republican. More Constitution.

Every issue. Every time. No exceptions. No excuses.

The post The Political Party Hangover appeared first on Tenth Amendment Center.

Some of them seek nullification success by requiring all state and local agencies to refuse to enforce the specified federal acts.

For example, Montana House Bill 302 says the following:

A peace officer, state employee, or employee of any political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on semiautomatic weapons or large magazines and is also prohibited from participating in any federal enforcement action implementing a federal ban on semiautomatic weapons or large magazines.

Idaho House Bill 219 provides criminal charges for any state or local agents who help implement any new federal law, rules, regulation, or order that “requires any firearm, magazine or firearm accessory to be registered in any manner.”

Bills such as these have gotten strong support from the grassroots, much like the support being given to the many sheriffs around the country who have stated that they will refuse to enforce any of the newly proposed federal gun control measures.

The same thing is happening in many states to nullify NDAA indefinite detention powers.  In Michigan, for example, Senate Bill 94 requires non-compliance with the unconstitutional federal act.  It states, in part:

“No agency of this state, no political subdivision of this state, no employee of an agency of this state or a political subdivision of this state acting in his or her official capacity, and no member of the Michigan national guard on active state service shall aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the national defense authorization act for fiscal year 2012”

But some folks, mostly self-professed libertarians, have been attacking such efforts.  These same people who now support “audit the fed” as a path to “ending the fed” claim such non-compliance bills as a path to nullification are worthless.  They call them weak, and many times they actively oppose them.  The general concern?  Well, since these bills don’t require state agents to have an armed standoff with federal agents, they supposedly have “no teeth” or are just symbolic.

NULLIFICATION

It seems to me that people are getting confused as to just what nullification is. So let’s clarify that first.

Nullification is any act or set of acts which has as its end result a particular law being rendered null, void, or just unenforceable within a specific area.

So, the question would go like this, “if the state isn’t blocking the federal government from carrying out their acts by arresting federal agents, aren’t we just saying that the state will sit by and watch the feds take our rights or kidnap us?  This isn’t nullification!”

First off, nullification is less about the legislation itself and more about the end result.  There are many ways to nullify a law.  The courts can strike a law down.  The executive branch could refuse to enforce it.  People in large numbers might refuse to comply.  A number of states could pass a law making its enforcement illegal.  Or a number a states could refuse to cooperate in any way with its enforcement.

NONCOMPLIANCE WORKS

Here at the Tenth Amendment Center, we’ve been touting marijuana legalization efforts as a nullification of unconstitutional federal laws since our inception.  And last fall, when voters in Colorado and Washington State legalized marijuana for the public at large, even the Department of Justice agreed.  They put out a press release opposing these acts of the people, and referred to them as an attempt to “nullify.”

Why?  Well, it’s because they know the same thing we do.  Persistent, relentless noncompliance on a large scale will almost always end in a complete nullification.  It may take time to get there, but get there we will.  The feds know it, and they don’t like it.   That’s why using state noncompliance laws to nullify an unconstitutional federal act can be so effective.

ENFORCEMENT

Federal enforcement of an unconstitutional law relies heavily on help and assistance from state or local agencies.  A quick review of recent actions by the ATF, the DEA and even the FDA makes this case quite clear.    Each of these agencies publish press releases on major actions, including convictions, busts, and the like.  And a vast majority of those have a statement like this, “Federal, state, and local law enforcement agencies worked in partnership to carry out the investigation and execute the warrant.”

Of the ten most recent field releases from the ATF, every single one of them reported on significant state and local support to carry out the investigation and the arrest.  The same goes for the DEA-Los Angeles division.  And even with the FDA, nearly half of the recently published actions included praise for the assistance or even leadership of state and local law enforcement agencies in carrying out the actions.

Fact: The federal government does not have the manpower to enforce all its laws.  State and local law enforcement often times carry the water during investigations and actual arrests.

If states pass laws banning both state and local participation – in any way – with the enforcement of a federal law – that federal law would never be enforced.

MOVING FORWARD

When trying to pass a state law that requires an arrest of violating federal agents, state legislators generally freak out.  They’re unaware of the rich history in using this method to successfully nullify.   And many of them have been taught incorrectly that only the Supreme Court can decide constitutionality.

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So, until more state and local politicians learn the truth, and more good people who already know it get in office, such nullification bills with strong interposition requirements will have a very hard time getting passed.

Now that doesn’t mean give up and go home.  But it certainly does mean – don’t be an idiot. Demanding that your state go from 0-100 mph in one fell swoop is really just bad strategy. Work to get something strong passed now, but don’t be surprised if you meet a brick wall.  And concurrently, work to get a good non-compliance bill passed too.  That way, you can actually get something done.

It’s better to move forward now with something that will have good effect today and could even get the job done on its own, than to go for only the Hail Mary and keep the status quo. That means you’ve done nothing.  As even the federal government already knows, if enough states follow your lead, you just might not have to push for the next step next year.

The post Don’t Comply. Nullify! appeared first on Tenth Amendment Center.

One has to wonder if these folks think that the personal liberty laws passed by northern states to block enforcement of the Fugitive Slave Act of 1850 were merely symbolic. I’m sure northern blacks spared the agony of getting dragged off by some slaver didn’t think so.

And Southern states didn’t either. South Carolina listed northern nullification of fugitive slave laws as its first complaint when it explained its reasons for secession in an official “declaration of causes.”

“An increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them.”

Pretty powerful symbolism.

The Fugitive Slave Act of 1850 counts among the most disgusting acts ever passed by Congress. This so-called law denied a black person accused of escaping slavery any semblance of due process. A white man could basically drag a black man or woman south into slavery on the power of his word.

“In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence; and the certificates in this and the first [fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate, or other person whomsoever.”

Many northern states simply refused to comply and took steps to block implementation.

The Michigan legislature passed its personal liberty law in 1855. The Michigan Personal Freedom Act guaranteed any man or woman claimed as a fugitive slave, “all the benefits of the writ of habeas corpus and of trial by jury.” It also prohibited the use of state or local jails for holding an accused fugitive slave, and made it a crime punishable by a fine of $500 to $1,000. Finally, it made any attempt to send a freedman South into slavery a crime.

Every person who shall wrongfully and maliciously seize, or procure to be seized, any free person entitled to freedom, with intent to have such person held in slavery, shall pay a fine of not less than five hundred nor more than one thousand dollars, and be imprisoned five years in the State Prison.

Note that the penalties apply to “any person,” including federal marshals and slave commissioners.

Michigan wasn’t alone in passing Personal Liberty Laws.

A Massachusetts Act called for the removal of any state official who aided in the return of runaway slaves and disbarment of attorneys assisting in fugitive slave rendition. Another section authorized impeachment of state judges who accepted federal commissioner positions authorizing them to prosecuted fugitive slaves.

Any person holding any judicial office under the constitution or laws of this Commonwealth, who shall continue, for ten days after the passage of this act, to hold the office of United States commissioner, or any office…which qualifies him to issue any warrant or other process…under the [Fugitive Slave Acts] shall be deemed to have violated good behavior, to have given reason for the loss of public confidence, and furnished sufficient ground either for impeachment or for removal by address.

The Act to Protect the Rights and Liberties of the People of the Commonwealth of Massachusetts also provided criminal penalties for any person who removed a fugitive slave from the state without proving his or her servitude in a state court under the criteria set up by the act – no easy task. And like the Michigan Act, the Massachusetts law did not exempt federal agents.

How effective was this “symbolic” act? After passage, there is no record of a fugitive slave ever being returned from Massachusetts.

The Ohio legislature took a slightly different tack. In 1857, it passed An Act to Prevent Kidnapping. “Forcibly or fraudulently carrying off” a free black person or mulatto would get you three to eight years of hard labor. Anybody trying to take an escaped slave out of Ohio was subject to the same charges if they failed to go to the proper court and prove “ownership.”

You simply cannot categorize these acts as merely “symbolic.” They were binding. They were substantive. They were enforced.

And they were effective.

Most importantly, they were morally justified.

These days, states across the U.S. are considering bills very similar to these personal liberty laws. They address different issues, but their substance differs little from these powerful acts. This modern day nullification legislation will seek to stop indefinite detention without due process, blatant violations of rights protected by the Second Amendment, and the glaring overreach of federal power claimed in the Patient Protection and Affordable Care Act.

Like the Fugitive Slave Act of 1850, these federal power grabs do violence to the Constitution and violate the fundamental law of the land.

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They are illegal.

They are criminal.

And they must be stopped.

The states can and must interpose for that purpose. The federal government will never relinquish power seized. Judges have proved themselves unreliable protectors of the people for more than 100 years. Our protests in D.C. fall on deaf years.

Nullification stands as our last hope.

To call these efforts “merely symbolic” mocks the courage and tenacity of those champions of liberty who stood up and said, “No!” to the feds, “rendering useless any attempt to execute” the draconian Fugitive Slave Act of 1850.

I’m sure if you asked any of the men or women protected by the personal liberty laws passed by northern legislatures in the 1850s, they would agree with Thomas Jefferson. Nullification is the “rightful remedy.”

It’s no less so today.

The post Personal Liberty Laws: A Nullification History Lesson appeared first on Tenth Amendment Center.

Hello, my name is Michael Maharrey.  I’m the national communications director for the Tenth Amendment Center.  I’m honored to be here.

As you know, in the opinion of Attorney Gen. Robert Cooper, SB 250 violates the supremacy clause of the Constitution. I’ve read the opinion, and his basic reasoning is solid.

Never-the-less, he came up with the wrong answer.

I’m sure you all remember working long quadratic equations in your high school algebra class. You know that you can work each step in precisely the right sequence, but if you insert 2×2=6 in the first step, you will come up with the wrong answer at the end. Why? Because you worked the entire problem operating on a false premise.

Cooper spends the bulk of his opinion correctly arguing that constitutional federal law trumps state law where it conflicts. Quite frankly, that was a waste of time. Nobody disputes that. The problem is that he incorrectly assumes that every federal act is a constitutional law and he builds his opinion on that fallacious premise.

Fact: Only laws made in pursuance of the Constitution are truly supreme.

All the founding fathers agreed – and I mean ALL of them – any federal act that violates the Constitution is no law at all. Alexander Hamilton summed it up in Federalist 78

“Every act of a delegated authority contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the constitution, can be valid.”

Cooper apparently wants the People of Tennessee to believe the following federal acts mentioned in Section 5b are constitutional, and supreme.

-a Ban on firearms.
-tracking of ammunition
-federal taxes on firearm accessories

Where exactly does the Constitution delegate the federal government the power to regulate firearms? It doesn’t. Some will argue that the federal government has some regulatory authority under the Commerce Clause.  But, we have the Second Amendment, which puts further restrictions on the federal government. Note the most important phrase in the 2nd Amendment –  “shall not be infringed.” Infringe means to interfere with. That doesn’t leave any wiggle room.

Cooper mentions the possible unconstitutionality of such acts almost as an afterthought.  He writes near the end of his opinion, “While the bills themselves declare that certain federal firearms regulations are unconstitutional…the responsibility for that determination rests with the judiciary, not a state legislature.”

The attorney general rests his argument on Marbury v. Madison.

But Cooper is misconstruing Marshall’s ruling. The Chief Justice was merely asserting that the Court CAN in fact NULLIFY an act of Congress by ruling it unconstitutional. Nowhere does Marshall assert the Court has exclusive authority to rule on constitutionality. In fact, quite the opposite. Justice Marshall wrote:

The particular phraseology of the Constitution…confirms and strengthens the principle…that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument.

The attorney general also cites Cooper v. Aaron to assert the supremacy of the federal judiciary and that its rulings cannot be challenged.That case rests on the same bastardized interpretation of Marbury.

Such a notion obliterates the constitutional system, making the Court the de facto sovereign. I shouldn’t even have to point out the absurdity of the Court making itself supreme. It’s like King Arthur claiming “supreme executive authority” because, in the words of Dennis in Monty Python and the Holy Grail,  “some watery tart threw a sword at him.”

Ronald Reagan’s Attorney General Edwin Meese said this:

The “logic of Cooper v Aaron .. is at war with the Constitution… at war with the very meaning of the rule of law.”

We need look only to the Dred Scott case, which denied even free blacks citizenship and went on to proclaim black people inferior, to see the inherent flaw in this idea of judicial supremacy. Do you really accept that Dred Scott was legitimately the law of the land – even for one minute? Abraham Lincoln sure didn’t. In response to the ruling, he said:

“If the policy of government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court…the people will have ceased to be their own rulers, having, to that extent, practically resigned their government into the hands of that eminent tribunal.”

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Fact: The Tennessee Attorney General  tells us that only the federal court can determine constitutionality.

Fact: Ronald Reagan’s attorney general, plus Abraham Lincoln, James Madison and Thomas Jefferson all disagree.

Jefferson said the states “are not united on the principle of unlimited submission to their general government.” And that the “government created by this compact (the Constitution) was not made the exclusive or final judge of the extent of the powers delegated to itself.”

Simply put, the people of the states delegated the federal government its power in the first place. As James Madison said

“The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.”

The post Who Decides Constitutionality? appeared first on Tenth Amendment Center.

In the not-too-distant future, Congress passes a draconian, UK-style ban on all weapons. Or, maybe the Senate does it through an international treaty. Or, instead of Congress, maybe the president follows in the footsteps of FDR, who whipped up an executive order requiring people to turn in their gold.

The method wouldn’t really matter. The end result would easily be one of the greatest attacks on liberty in American history.

STATES NULLIFY FEDERAL GUN BAN

Now imagine a response to such unconstitutional federal acts in this nightmare scenario.  Your state legislator proposes a bill for your state that reads something like this:

A.  This legislature declares that all federal acts, laws, orders, rules or regulations regarding firearms and ammunition are a violation of the 2nd Amendment

B.  This legislature declares that all such acts are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

C.  It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.

OBJECTIONS

In response, you’d certainly hear things like this:

–A state can’t nullify a federal act!

–The Constitution says that all federal laws are supreme

–Even James Madison opposed nullification.

Each of these objections, and others, could easily take a full article – or two – to dismantle.   So, I’ll be brief before moving on the main goal here.

Article VI of the Constitution only says that federal laws are “supreme” when made “in pursuance of” the Constitution, not any old law as the lovers of power would like you to believe.

As far as the Supreme Court goes?  Let me say this clearly, those nine justices aren’t infallible gods.  And they certainly aren’t the final arbiter of what the Constitution means.

The bottom line is straightforward, and my main point, too – the Constitution means what the Founders and Ratifiers told us it means, no matter what the Congress, the President or the Supreme Court happen to say or do.

UNCONSTITUTIONAL

When FDR ordered you to turn in your gold, it was unconstitutional the moment he signed it.

When Bill Clinton signed the Assault Weapons Ban, that was unconstitutional as well.

George Bush violated the Constitution the moment he signed the PATRIOT Act and expanded federal control over health care with Medicare Part D.

Barack Obama violated the Constitution with an undeclared war on Libya, the Affordable Care Act, NDAA “indefinite detention,” and more.

The sad fact is this, every congress and every president has violated the Constitution. As the years go by, those violations get worse and more frequent.

WHAT TO DO?

Back to our nightmare scenario. Your state legislator gets massive support for the bill nullifying federal gun laws. It passes by a wide margin and is signed into law. It creates a ripple effect. Soon, another state follows, passing a similar law. And then another.  In no time, the number reaches as high as 14.

In those states, gun shops stay open, people continue to keep and bear arms.  A vast majority of them do so without any trouble.

Federal officials make threats. The DOJ issues a warning: states “cannot nullify an act of congress.”  DHS threatens to shut down air travel in states that refuse to comply.  The President says he could designate gun shop and firearms owners as agents providing material support for terrorism and subject them to indefinite detention under the NDAA.

Mostly just tough talk.

Sadly, the ATF conducts some high-profile raids. They shut down a small number of businesses; some people lose their liberty. But the feds lack the manpower to handle it all.

So, when one city alone reaches a point where over 1000 shops are conducting business, selling guns in open defiance to the federal ban, people start to realize that mass resistance leads to the desired end result: a nullification of the unconstitutional federal act.

HAPPENING TODAY

While that particular nightmare scenario isn’t just happening yet, we’ve certainly been in a nightmare scenario in this country for a long, long time.

We have a federal government that hates the constitution.  It hates your liberty and no matter what political party is in power, or what person occupies the white house, their power always grows and your liberty is always less.

We have a government that claims the power to tell you what size toilet you can have, and what kind of light bulb you can buy.  It claims the power to throw you in jail for growing a plant in your backyard and it will tax you for – doing nothing.  On top of it all, they claim the power to arrest and detain you – forever – without due process.  That’s kidnapping.

But, that hypothetical response – legislation to ban and nullify federal gun laws – it’s not hypothetical at all.  Currently, there are more than 15 states considering legislation to nullify federal attacks on the right to keep and bear arms.

Take this excerpt from Missouri’s HB436, for example:

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, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

Or this, from Utah’s HB114:

An official, agent, or employee of the federal government may not enforce or attempt to enforce any act, law, order, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition owned or manufactured commercially or privately in this state while it remains exclusively within this state. Violation of this Subsection (2) is a third degree felony. 

Or, on another issue, there’s HB2161 in Kansas, which would charge federal agents who attempt “indefinite detention” with kidnapping.  This could mean 20 years in prison and $300,000 fines.

NAMES, NAMES!

In 1798, Thomas Jefferson called this “Nullification,” and James Madison called it “Interposition.”

Madison supported these views in his “Report of 1800.”  Later, he flip-flopped.   For a while, he was even saying that Jefferson never used the word nullification.  But, when a copy of the original Kentucky Resolutions in Jefferson’s own handwriting turned up, complete with the word “nullification,”Madison was forced to retreat.

And, even when Madison changed his mind on nullification in response to South Carolina’s version of it in the 1830s, he didn’t reject the notion of nullification as our story’s heroic state legislator has carried it out.

In fact, Madison advised it.

He told us that when attempts to stop “usurpations of power” failed through the courts, the elective process, and even amending the Constitution, it would be a natural right for a single state to “rally to its reserved rights…and to decide between acquiescence & resistance.”

Today, people are using these principles right now on a wide range of issues, and their successes are growing by the year.

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CALL IT WHAT YOU WILL

The fact is this: the federal government doesn’t have the manpower to stop us.  When enough people stand up and say NO to the federal government – and enough states and local communities pass laws backing them up, there’s not much that the federal government can do to force their unconstitutional laws, regulations…or mandates…down our throats.

Me?  I call that kind of resistance “nullification.”  But, I don’t care if you do too.  You can call it defiance, civil disobedience or anything else you want.  You can call the state acts Personal Liberty Laws or 2nd Amendment Preservation Acts.  Refer to them as a reserved right, like Madison did, or nullification like Jefferson did.

It doesn’t really matter what words you use.  What matters is what you do.  Like Sam Adams leading the charge to nullify the Stamp Act, or states who pushed back against unconstitutional slave-catching laws, what matters most is what we do with our short time on earth.

For me, I’ll stand with liberty.  I hope you’ll join me.

The post Words Don’t Matter, Actions Do appeared first on Tenth Amendment Center.

This bill is different from and quite a bit stronger than previous bills introduced around the country to nullify NDAA indefinite detention. It includes kidnapping charges for federal agents attempting to arrest people in Kansas without due process. This concept stands on a strong leg, because when you remove due process from the equation, “indefinite detention” is little more than government-sanctioned kidnapping.

The bill states, in part: “A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for kidnapping or aggravated kidnapping, K.S.A. 2012 Supp. 21-5408, and amendments thereto.”

Violators of this bill could be subject to the following criminal penalties, if convicted of kidnapping:

Kidnapping is a severity level 3 felony with a potential of 8 years in prison. Aggravated kidnapping is a severity level l felony with a prison sentence of over 20 years being possible. Both of these felonies are subject to a fine “to not exceed $300,000”. The exact imprisonment time is determined by a variety of variables and guided by a complex grid and attorneys.

“Indefinite detainers” could also be charged with a misdemeanor charge of “denial of due process” which could include “a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year” and “a sum not exceeding $2,500.”

This bill also states, “the provisions of this act shall not apply to the court martial of any member of the United States military pursuant to the uniform code of military justice, 10 U.S.C. Chapter 47.”

“When I first heard that the federal government was considering indefinite detention, I was horrified, but I was unaware of how to fight it at the state level. After reading about anti-NDAA legislation introduced in Texas, I knew we needed to attempt the same thing in Kansas,” said Representative Hildabrand.

He continued, “The kidnapping portion was added to convey the seriousness of the offense. If a non-government official were to take someone against their will and hold them without access to the outside world, we would consider that a kidnapping. If a government official does the same thing, without granting access to a lawyer or the courts, I see no difference.”

Representative Hildabrand’s bill will not release jurisdiction from the state of Kansas to the military. “I believe that a person either supports the whole Constitution, in every circumstance or they do not support it at all. Therefore, when any one is denied due process, I consider it an assault on the Constitution. I feel that is a key concept to convey to those serving in law enforcement and the military. If a bill violates the Constitution, it has no authority. The often misquoted Supremacy Clause states “laws pursuant to the Constitution.” The key being that it is pursuant to the Constitution to have validity.”

HISTORICAL PRECEDENT

A state proposal charging federal agents with kidnapping is not unprecedented in American history. In fact, such an action in the past has held the high moral ground in response to immoral, unjust, and unconstitutional federal slave-catching laws in the 19th Century.

In 1850, when President Millard Fillmore signed the second “Fugitive Slave Act,” due process was under serious attack by the federal government. The law compelled people of all states to “assist” federal marshals and their deputies with the apprehension of suspected runaway slaves. It brought all trials involving alleged fugitive slaves under federal jurisdiction. It included large fines for anyone who aided a slave in their escape, even by simply giving them food or shelter.

On top of it, bounties were paid to commissioners in fugitive slave cases. $10 was paid if a person was sent back to slavery, and $5 if the person was allowed freedom. The federal government was paying people to capture other people and send them to slavery.

The act also suspended habeas corpus and the right to a trial by jury for alleged “slaves,” and made their testimony inadmissible in court. The written testimony of the supposed slave master, on the other hand, which could be presented to the court by slave hunters, was given preferential treatment.

In response, state legislatures in Vermont, Connecticut, Rhode Island, Massachusetts, Michigan, Maine, Kansas and Wisconsin passed what were called “personal liberty laws.” The state nullification bills made it difficult to nearly impossible to enforce the fugitive slave acts in those states. These laws were varied but generally guaranteed basic due process rights for accuse runaways. In some cases, these laws extended habeas corpus, provided for jury trials for accused runaways and harshly punished false testimony.

Vermont passed a “Habeas Corpus Law,” requiring state judicial and law enforcement officials to actually help captured fugitive slaves there. Massachusetts took a really strong stand – and passed a law that provided for kidnapping charges to anyone trying to use these “indefinite detention” provisions of the fugitive slave act.

In response to the Massachusetts bill threatening kidnapping charges on people who – well, kidnapped someone for having the wrong skin color – no federal agent was charged with kidnapping. Was this because the politicians there were grandstanding to garner support? No, it was no escapee was ever captured for return after the law was passed. The feds simply backed off, and the state response worked.

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THE LESSON

In many situations, if you attempted to do what the federal government does every day you’d find yourself in prison for a long, long time. When it comes to issues like kidnapping, the hypocritical double-standard is even worse. Morality and justice demand that we do something about it. The people of Massachusetts and other states took the high moral ground in resisting the indefinite detention powers of the fugitive slave act in the 19th Century. Many states today are taking similar steps against the indefinite detention powers of the NDAA.

Whatever form it takes it’s the resistance that matters. When it comes to NDAA kidnapping powers, resistance is our duty.

LEGISLATION AND TRACKING

If you live anywhere outside of kANSAS, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.

Track the status of NDAA nullification in states around the country HERE

ACTION ITEMS

If you are Kansas resident, join the Nullify NDAA group on Facebook and get active here:
https://www.facebook.com/groups/nullifyndaakansas/

Also, please contact the Committee on Corrections and Juvenile Justice.

Chair: Representative John Rubin, District 18
Phone: 785 296-7690
Email:john.rubin@house.ks.gov

Vice Chair: Representative Ramon Gonzalez, District 47
Phone: 785 296-7500
Email:ramon.gonzalezjr@house.ks.gov

Ranking Minority Member:Representative Gail Finney, District 84
Phone: 785 296-7648
Email:gail.finney@house.ks.gov

Members:
Representative Steven Becker, District 104
Phone: 785 296-7196
Email:steven.becker@house.ks.gov

Representative Rob Bruchman, District 20
Phone: 785 296-7644
Email:rob.bruchman@house.ks.gov

Representative Larry Campbell, District 26
Phone: 785 296-7632
Email:larry.campbell@house.ks.gov

Representative Blaine Finch, District 59
Phone: 785 296-7655
Email:blaine.finch@house.ks.gov

Representative Brett Hildabrand, District 17
Phone: 785 296-7659
Email:brett.hildabrand@house.ks.gov

Representative Melanie Meier, District 41
Phone: 785 296-7650
Email:melanie.meier@house.ks.gov

Representative Robert Montgomery, District 15
Phone: 785 296-7677
Email:bob.montgomery@house.ks.gov

Representative Tom Moxley, District 68
Phone: 785 296-7689
Email:tom.moxley@house.ks.gov

Representative Janice Pauls, District 102
Phone: 785 296-7657
Email:jan.pauls@house.ks.gov

Representative James Todd, District 29
Phone: 785 296-7695
Email:james.todd@house.ks.gov

NOTE: Michael Boldin contributed to this report

The post Resistance to NDAA Kidnapping Powers is our Duty appeared first on Tenth Amendment Center.

Is that the right course of action in every situation? Is that the only path? Or, is there another way, a less confrontational answer to the constant barrage of new and more expansive usurpation of power by a federal government seemingly bent on violating every part of the Constitution.

Thomas Jefferson referred to state-level resistance to federal acts as “nullification.” But he could just as easily have called it civil disobedience or non-compliance. A nullification of a federal act can take on all kinds of different forms. It often requires an entire puzzle – and each piece of that puzzle plays an important part. There’s education, outreach, non-compliance, and more. But nullification doesn’t always require a physical interposition by local agents – standing between you and the federal government.

And while it sure gets the testosterone boiling, an O.K. Corral-style standoff is not required, and is almost never effective. In fact, modern times shows us that the most effective nullification efforts have no such standoffs. They’ve relied almost solely on peaceful non-compliance.

Consider the state-level resistance to the 2005 Real ID act. Over the past five years, we’ve learned that a federal law can be effectively held at bay or even pushed back through non-compliance alone. There are 18 states defying Washington DC’s unconstitutional war on weed. Local sheriffs aren’t arresting DEA agents. And state legislators aren’t proposing it either. But year in and year out, more people and more states refuse to comply with the unconstitutional federal acts. As this keeps increasing, the feds keep having a harder and harder time trying to enforce their so-called laws.

As big as it is, the federal government cannot be everywhere at once enforcing its so-called “laws” and regulations; it must rely on submission, compliance or “bribery” in the form of federal grants to accomplish its goals. Without local and state government co-operation, the feds are stymied and thwarted in many, if not most, of its efforts.

The federal government most certainly needs compliance, if not outright assistance, from the states when it does its dirty deeds. Information-sharing, logistics assistance, access to infrastructure, help from sheriffs blocking roads, and the like. They can rarely pull things off without help from state and local officials.

Just ask the DEA when they come to California. They’re never able to pull off a raid of a marijuana dispensary without the help of the local sheriff or police departments. Or, look at the Affordable Care Act, AKA Obamacare. Without states shouldering the burden of operating and funding insurance exchanges, the entire act could collapse.

The fact is this: Without state compliance and assistance, many unconstitutional federal acts are little more than a house of cards. Refusing compliance on a state or local level is a big deal – and it sets the stage for others to do the same.

So, when local governments like Beaufort County North Carolina pass a resolution stating that they will not comply with federal acts, orders, rules or regulations regarding the right to keep and bear arms, this is an important part of the effort to nullify those unconstitutional federal attacks on the 2nd Amendment. And when states consider similar legislation, they can act as even bigger pieces of the puzzle.

North Dakota’s HB 1183 under consideration right now would forbid any state governmental entities from providing aid and assistance to the federal government or any other governmental entity for the investigation, enforcement, and prosecution of federal firearms laws not in force as of January 1, 2013.

Virginia’s HB 2340, would, “prevent any agency, political subdivision, or employee of Virginia from assisting the Federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or Executive Order or regulation issued, after December 31, 2012, infringing the individual Right to Keep and Bear Arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.”

State and local legislation like these that I’ve mentioned fit the description of the “moderate middle ground” that Jefferson spoke of when he advocated for nullification. These actions are also in the tradition of Gandhi and Rosa Parks — civil disobedience and non-compliance.

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This kind of legislation is stating the obvious; that the federal government has exceeded its delegated powers under the Constitution and therefore, their actions are “null and void and of no force” and will not be complied with at all.

Last year, When Virginia Delegate Bob Marshall spoke in favor of HB1160, which became law and required the state to refuse compliance with NDAA “indefinite detention,” he said,

“During World War II, the federal government incarcerated tens of thousands of loyal Japanese Americans in the name of national security. By this bill, Virginia declares that it will not participate in similar modern-day efforts.”

When the federal government gives you laws, rules, regulations or orders that are not in pursuance of the Constitution – you are not bound to obey them.

In refusing to comply, we are utilizing a tool that has shown us it can be very effective. In refusing to comply, we stand on the high moral ground. In refusing to comply, we can win.

Michael Boldin contributed to this article

The post There’s More Than One Way to Nullify appeared first on Tenth Amendment Center.

“In a room sit three great men, a king, a priest, and a rich man with his gold. Between them stands a sellsword, a little man of common birth and no great mind. Each of the great ones bids him slay the other two. ‘Do it’ says the king, ‘for I am your lawful ruler.’ ‘Do it’ says the priest, ‘for I command you in the names of the gods.’ ‘Do it’ says the rich man, ‘and all this gold shall be yours.’ So tell me—who lives and who dies?”

In George R. R. Martin’s “A Clash of Kings” from the Game of Thrones series, the royal advisor, Varys, poses the riddle above to Tyrion, who is the “Hand of the King” – the second in command in Martin’s fictional kingdom. After leaving Tyrion to puzzle over this riddle for a while, Varys gives us his answer a bit later.

“Here, then. Power resides where men believe it resides. No more and no less.”

Varys then goes on to observe that power is, “A shadow on the wall,” and that “oft-times a very small man can cast a very large shadow.” In other words, Varys’ hypothetical mercenary will obey the instructions of the man who is most powerful, according to that mercenary’s own perceptions. Whatever real assets the three may have, it is the sellsword’s perception of the relative strength of the “great men” that will determine who lives and who dies. Ultimately, it is the sellsword, not the great men, who holds power over life and death.

While this dialog takes place in a fictional novel, I believe that it does provide a useful insight into our own world. Here in America, more than 300 million people obey the laws which are brought to life by just 436 people and ultimately adjudicated by just nine others. This would not be possible if the 300 million refused to comply. Why do we comply, even when we may disagree with a certain policy? Because we have been brought up to believe that nearly all power resides in Washington, DC.

Unfortunately, this belief is incorrect. For most powers, we should be looking to Harrisburg and the other state capitals. James Madison told us the truth of the matter, quite clearly, in Federalist #45.

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.

Unlike many today, Madison, who was known as the “Father of the Constitution”, believed that Washington’s powers are “few and defined” – excercised principally on external objects, as war, peace, negotiation, and foreign commerce. He also believed that numerous and indefinite powers reside with the state governments. This understanding is confirmed by the Tenth Amendment, which states,

“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.”

While they don’t always do so well on the Constitution, I do think that the Supreme Court has an excellent understanding of Varys’ riddle. Certainly, these nine people cast a very large shadow. If they don’t understand his riddle, then how else can we explain Wickard v. Filburn and related cases? In these cases, the Supreme Court has claimed that the power to regulate commerce “among the several states” enables Congress to regulate how much grain a farmer can grow on his own farm and feed to his own animals. Saying,

“even if appellee’s activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress”

If the Supreme Court doesn’t understand Varys’ riddle, how can we explain this summer’s Obamacare decision which claimed that the penalty if someone declines to buy health insurance from a private company is, simultaneously, both a tax and not a tax?

If the Supreme Court doesn’t understand Varys’ riddle, how do we explain the fact that it has, without ratification by the states, adopted an ad hoc Constitutional amendment process known as the “Living Constitution“?

If the American people didn’t believe that power resides in Washington, would we do anything other than laugh at this nonsense? The court gets away with this absurdity only because we believe that the court has the power to do it. The reality, though, is that we have the power to make them stop. The Declaration of Independence tells us so.

“Governments are instituted among Men, deriving their just powers from the consent of the governed”

Unfortunately, as a society, we continue to consent to nonsense. By now, the solution to this problem should be clear. In 1811, Pennsylvania’s own legislature told us what it was.

“Should the general government in any of its departments violate the provisions of the constitution, it rests with the states, and with the people, to apply suitable remedies.”

It is time, now, for Harrisburg and the other state governments to reclaim the numerous and indefinite powers which have been reserved to them. It is time, now, for Harrisburg and the other state governments to apply suitable remedies. It is time, now, for our society to believe that ultimately, all power resides with the people – not with the supposed great men in Washington.

Here is the plain fact. We the people made an agreement, through our state ratifying conventions, that we would follow the Constitution. This Constitution that we agreed to follow doesn’t say a word about who gets the last word in interpreting a law. Is it a state? Is it an individual? Is it the Supreme Court? Is it the Pope in Rome? The Constitution doesn’t say. And the fact that it says nothing specific means that the Tenth Amendment applies. This power was never delegated to the court. Therefore, it is reserved to the states and the people. Under the US Constitution, we can argue over whether the state government or the people get the last word, but the Constitution’s silence on the matter makes it quite clear that the federal government does not get the last word on interpreting a law. We, not Washington, are the ones who are empowered to decide when a law violates the Constitution. Believe it.

In Martin’s novels, the power struggle is waged with swords and bows, daggers and poisons. In America, our contests for power happen in the courts and the legislatures, but Varys’ axiom is no less true. “Power resides where men believe it resides. No more and no less.”

When we believe that all power resides in Washington, nine men and women on the Supreme Court cast a shadow that covers 300 million people and the better part of an entire continent. This is not the system of limited government that was intended by our founders or accepted by our ancestors. It is time for change. Whenever the federal government exceeds its delegated powers, it is our right and our responsibility to recognize that the power being claimed is prohibited from residing in Washington. It is our right and our responsibility to stop believing that anyone has the power to make us consent to nonsense.

The post The Supreme Court’s Game of Thrones appeared first on Tenth Amendment Center.

Things usually start out OK, until somebody makes a questionable move. Then the arguments start, and things go downhill from there. Each player begins throwing out opinions and rule interpretations – all based on their best interests, of course. Everybody wants to win the game, so rule interpretations become more pragmatic than rational.

At this point, one of two things will happen: people will just give up and quit, or some brave soul will actually grab the box and read the instructions. Once everybody clearly understands the rules, the game can continue.

With defined rules, everybody enjoys the game, and the contest will end with a clear, undisputed winner.

Without rules, you end up with anger, frustration and chaos.

The same holds true in political systems. An orderly society requires the rule of law. Without it, those who manage to rise to positions of authority will begin exercising arbitrary power for their own benefit, just like players in a game with murky or nonexistent rules. Tyranny follows close behind.

Sixteenth century political philosopher Johannes Althusius recognized the need for clearly defined rules for government to maintain order and justice in a society.

“All power is limited by definite boundaries and laws. No power is absolute, indefinite, arbitrary and lawless. Every power is bound to laws, right and equity.”

The U.S. Constitution provides a framework, the rulebook, if you will, for the federal government; each clause, each principle, carefully crafted for a specific reason. The entire document aims to define, constrain and control federal power.

The ratifiers insisted on this rigid delegation of power. They recognized that without it, they would quickly fall into a tyrannical system like the one they fought a long, bloody war to escape. They understood the necessity of clearly defined rules that box in power-brokers. They knew from experience that vague or nonexistent constraints on authority would ultimately result in abuse of the people. Virginia ratification convention delegate Richard Henry Lee explained how the rule of law protects the citizenry.

“It goes on the principle that all power is in the people, and that rulers have no powers but what are enumerated in that paper. When a question arises with respect to the legality of any power, exercised or assumed by Congress, it is plain on the side of the governed. Is it enumerated in the Constitution? If it be, it is legal and just. It is otherwise arbitrary and unconstitutional.”

Note the source of power: the people. The people delegate certain powers to the government. A clearly defined written Constitution ensures the agents of that government understand their prescribed roles. Without that definition, we know what will happen. They will do as they damn well please. All in your best interest – of course.

Yet some suggest Americans should just throw out that archaic, dusty Constitution and make things up as we go along. Take Georgetown University constitutional law professor Louis Michael Seidman.

As the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions.

Of course, America began following Seidman’s course of action long ago. The result? Undeclared wars, secret kill lists, $16 trillion in debt, erosion of basic civil liberties and federal meddling in just about every corner of our lives.

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Only a fool would assert that obedience to the Constitution – following the rules – led us down this path.

Refusal to follow the rules brought about the chaos Seidman described, just like trying to play a board game without rules leads to chaos.

In any language, the rules of grammar create a structure, bringing words together in a meaningful way that everybody understands. Without fixed grammatical rules, words get thrown together at random. Instead of sentences and paragraphs conveying meaning, you end up with gibberish.

spanning the copasetic living. understands remains with even our and intergenerational Everything differences diverse many decades of when everybody language, backgrounds

That was a real sentence – lacking any grammatical structure.

A political system lacking a constitutional structure makes about as much sense.

“The American constitutions were to liberty what a grammar is to language: they define its parts of speech, and practically construct them into syntax.” Thomas Paine, The Rights of Man.

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After 17 years of states resisting federal laws on weed, the DOJ is now recognizing these efforts for what they are.  Nullification.

I wonder who’s going to be next in DC.  Maybe the Department of Homeland Security?

In response to 37 states refusing to be in compliance with the Bush-era REAL ID act last month, for the fourth time now, DHS acknowledged that they couldn’t enforce the federal law and quietly gave states yet another “temporary deferment” to some unspecified future “suitable date.”  That law was supposed to be implemented five years ago this coming May.

When states like Montana say they won’t comply with the REAL ID Act – ever – I think it’s likely we’ll see a future statement from a DHS official telling us how states aren’t allowed to nullify federal acts, just like the DOJ did last month regarding weed.

SOME PERSONAL HISTORY

When I moved to Los Angeles from my native Wisconsin back in 1995, I had never even heard of nullification in a political context.  The following November, when California voters passed Prop 215 to legalize the use of marijuana for medical purposes, the impact didn’t really register.  Sure, it was strange that former presidents had come to the state to lobby against the Proposition as a conflict with federal law, but I still had no idea – nor did I really care – how it would play out.

Not long after that vote, a friend called me and asked me to go run some errands with her.  Pretty normal stuff, I thought, until she told me what we were up to.  The first stops were some standards – grocery store, get gas, things like that.  I don’t even remember for sure.  But one really stood out.  We were going to a marijuana dispensary so she could pick up some pot which was prescribed to her by her doctor.

I thought, “Dispensary?  What the heck is that?”

When she explained it to me as basically a retail store for weed, I was blown away.  The things running through my mind were probably the same kind of things that people think today when they hear about resistance to federal law for the first time – whether it’s on weed, or gun laws, or Obamacare, or anything else.  “That’s against the law,” I thought, “how can they be open and stay in business?”

It didn’t take long for me to learn that saying NO to Washington DC, while often daunting, certainly isn’t impossible to succeed at doing.  Today, in fact, there’s over 1000 of these kinds of stores in one city alone.

From this, I’ve learned a powerful lesson:  When enough people stand up and say NO to the feds, and enough states or local communities pass laws backing those people up – there’s not much that the federal government can do to force their so-called “laws” down our throats.

A PREDICTION

By 2006, when I decided to launch a project, the Tenth Amendment Center, I was sold on the idea of drawing a line in the sand.  And in early 2009, in speaking to a CNN producer about dozens of states considering 10th amendment resolutions, I made a prediction.  She was really intrigued by these non-binding resolutions that were getting passed around the country and after getting her questions answered, she finished off our conversation with what she thought was going to be a quick question, “What’s the next big thing we should be watching for?”

My answer: Nullification.

She had never heard of the word.  So I explained some of the history behind nullification.  I told her how states were refusing not only federal laws on marijuana, but resistance to the REAL ID act was succeeding too.  I mentioned to her that I was seeing strong indicators that state legislators would start pushing for nullification on other issues too.

She brushed me off, saying basically, “Well, if you think of anything we should pay attention too, you have my number.”

HAPPENING. NOW.

While CNN didn’t want to pick up on nullification as an important trend in political activism – and neither have any of the other news networks, by the way – that certainly doesn’t mean it’s not happening.  Bills are increasingly being introduced, considered and passed on issues beyond weed and REAL ID.

In 2013, you can expect to see NDAA “indefinite detention” nullification as a leading issue in states and local communities.  Obamacare nullification will also be at the forefront.  A number of states will be considering bills to nullify unconstitutional acts by the TSA.  More states will be looking to nullify federal laws on marijuana.  And 2nd Amendment activists are also learning that nullification of federal gun laws is the way to go – instead of hoping the federal politicians or federal judges will somehow magically limit their own power.

These things, I know they’ll be happening in 2013. Consideration of bills like these in states all over the country is a definite.  And while some will pass, it’s my hope that large numbers of them will.  But that won’t happen without you.

WHAT’S NEXT

With you involved at a state or local level – instead of a federal level – nullification has an even better chance of success.  With you contributing financially to state and local candidates, organizations, and causes – instead of those on a national level – the nullification movement will continue its upward march.  With you spending your time and energy keeping up to date on more local politics instead of the worthless soap opera that is the battle between Republicans and Democrats in DC, more people will follow your lead.  While nullification comes in many forms – state, local, sheriff, and individual – with your help, more and more people will join this growing and successful movement…for liberty.

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John Adams was right when he told us that the American revolution was not the war itself.  The war was simply a result of the revolution, which was far greater.  He wrote:

“The Revolution was effected before the war commenced. The Revolution was in the minds and hearts of the people; a change in their religious sentiments of their duties and obligations. This radical change in the principles, opinions, sentiments, and affections of the people, was the real American Revolution.”

Today’s revolution is also a radical change in how Americans think and act.   It’s not a war, or a change in politicians in DC.   It’s not calling your congressman, or demanding that a federal court take a certain position.  It’s not asking federal politicians to start doing – or stop doing – anything.

Today’s revolution for liberty is about learning to live free – whether the federal government wants us to or not.

The Departments of Justice and Homeland Security are already recognizing the effects – and successes – of nullification.  Will the rest of the country?  With you helping lead the way in 2013 and the years to come, I know the answer already.

The post 2013: The Tenther Movement Hits its Stride appeared first on Tenth Amendment Center.

Editor’s Note: This article was originally published in December, 2002. A previous version of it was published on December 25, 1966, dedicated to Harry’s then 9-year-old daughter.)

It’s Christmas, and I have the usual problem of deciding what to give you. I know you might enjoy many things – books, games, clothes.

But I’m very selfish. I want to give you something that will stay with you for more than a few months or years. I want to give you a gift that might remind you of me every Christmas.

If I could give you just one thing, I’d want it to be a simple truth that took me many years to learn. If you learn it now, it may enrich your life in hundreds of ways. And it may save your having to face many problems that have hurt people who’ve never learned it.

The truth is simply this:

No one owes you anything.

Significance

How could such a simple statement be important? It may not seem so, but understanding it can bless your entire life.

No one owes you anything.

It means that no one else is living for you, my child. Because no one is you. Each person is living for himself; his own happiness is all he can ever personally feel.

When you realize that no one owes you happiness or anything else, you’ll be freed from expecting what isn’t likely to be.

It means no one has to love you. If someone loves you, it’s because there’s something special about you that gives him happiness. Find out what that something special is and try to make it stronger in you, so that you’ll be loved even more.

When people do things for you, it’s because they want to – because you, in some way, give them something meaningful that makes them want to please you, not because anyone owes you anything.

No one has to like you. If your friends want to be with you, it’s not out of duty. Find out what makes others happy so they’ll want to be near you.

No one has to respect you. Some people may even be unkind to you. But once you realize that people don’t have to be good to you, and may not be good to you, you’ll learn to avoid those who would harm you. For you don’t owe them anything either.

Living your Life

No one owes you anything.

You owe it to yourself to be the best person possible. Because if you are, others will want to be with you, want to provide you with the things you want in exchange for what you’re giving to them.

Some people will choose not to be with you for reasons that have nothing to do with you. When that happens, look elsewhere for the relationships you want. Don’t make someone else’s problem your problem.

Once you learn that you must earn the love and respect of others, you’ll never expect the impossible and you won’t be disappointed. Others don’t have to share their property with you, nor their feelings or thoughts.

If they do, it’s because you’ve earned these things. And you have every reason to be proud of the love you receive, your friends’ respect, the property you’ve earned. But don’t ever take them for granted. If you do, you could lose them. They’re not yours by right; you must always earn them.

My experience

A great burden was lifted from my shoulders the day I realized that no one owes me anything. For so long as I’d thought there were things I was entitled to, I’d been wearing myself out – physically and emotionally – trying to collect them.

No one owes me moral conduct, respect, friendship, love, courtesy, or intelligence. And once I recognized that, all my relationships became far more satisfying. I’ve focused on being with people who want to do the things I want them to do.

That understanding has served me well with friends, business associates, lovers, sales prospects, and strangers. It constantly reminds me that I can get what I want only if I can enter the other person’s world. I must try to understand how he thinks, what he believes to be important, what he wants. Only then can I appeal to someone in ways that will bring me what I want.

And only then can I tell whether I really want to be involved with someone. And I can save the important relationships for those with whom I have the most in common.

It’s not easy to sum up in a few words what has taken me years to learn. But maybe if you re-read this gift each Christmas, the meaning will become a little clearer every year.

I hope so, for I want more than anything else for you to understand this simple truth that can set you free.

Harry Browne (RIP 1933-2006), the author of Why Government Doesn’t Work and many other books, was the Libertarian Party presidential candidate in 1996 and 2000, a co-founder of DownsizeDC, and the Director of Public Policy for the American Liberty Foundation. See his website.

The post Liberty: A Gift That Lasts a Lifetime appeared first on Tenth Amendment Center.

The Constitution was written for times such as these.

The debate over gun control raging in the wake of the mass shooting at a Connecticut elementary school vividly illustrates the need for constitutional chains.

Emotions boiled over after the tragedy at Sandy Hook Elementary. Americans reacted in stunned disbelief, anger and a deep sense of sadness. Questions chased each other through the airwaves and across the Internet. How could anybody do such a thing – to children? And how can we stop it from ever happening again?

Most people recognize they will never understand what drives a person to gun down innocent kids in a school.  We ask the first question rhetorically, more an expression of our incredulity rather than a query demanding acknowledgement.

But the second question, ah, that one demands an answer.

How do we stop it from ever happening again?

Human beings generally suffer from myopia, but politicians take delusions of grandeur to the highest level. They want you to believe that the right policy, properly implemented, will solve any problem and prevent any calamity. You just have to let them do their thing.

President Obama vowed to use the power of his office to prevent another tragedy like the massacre in Connecticut.

“We can’t accept events like this as routine,” he said. “Are we really prepared to say that we’re powerless in the face of such carnage? That the politics are too hard? Are we prepared to say that the violence visited on our children year after year after year is somehow the price of our freedom?”

And the president called for action.

“We can’t tolerate this anymore,” he added. “These tragedies must end, and to end them, we must change. We will be told that the causes of such violence are complex, and it is true. No single law, no set of laws can eliminate evil from the world or prevent every senseless act of violence in our society. But that can’t be an excuse for inaction. Surely we can do better than this.”

As the emotions boil through our very souls, how can we argue with the president? We must DO something. Surely we can come up with a public policy solution that will prevent a deranged gunman from mowing down children. Our “collective grief” demands solutions, so we turn to the government.

Politicians stand ready, all too happy to act on our behalf.

Ban assault rifles.

Ban high capacity clips.

Ban all guns.

Just do something.

Let’s be honest; we can’t look at the photo of a 6-year-old child ruthlessly gunned down in the hallway of his school and not feel a sense of rage. We can’t look into the eyes of a grieving mother and hear her voice cracking as she tries to come to grips with the fact that her little girl will never come home again and not bend under the overwhelming pressure of sadness.

Pain.

Grief.

Our humanity demands such a response.

But raw emotion should never drive policy decisions.

Of course, politicians love emotion. Rahm Emanuel summed up the mentality of the modern policy-maker when he said, “Never let a crisis go to waste.”

The mindless mantra repeated by a grieving citizenry clamoring for lawmakers to “just do something,” empowers politicians to do just about anything, often with dreadful long-term consequences.

“Doing something” after planes flew into the World Trade Center ultimately gave us genital groping at the airport, Patriot Act spying, long, bloody wars in Iraq and Afghanistan, presidential kill lists, torture and indefinite detention.

In retrospect, perhaps a little pause for some post-9/11 thought and consideration before plunging forward and “doing something” would have been apropos.

But make no mistake – your government officials don’t want that kind of pause. They don’t want a rational debate. They don’t want careful consideration. They want power. And an emotionally distraught citizenry gives them an avenue to seize it.

Keep in mind, even after the current tragedy fades into the yellowing pages of a history book, the powers seized by the government in the wake of the calamity will remain tightly held. And you will never get back the accompanying loss of liberty.

That’s why we must apply the chains of the Constitution.

For times such as these.

The framers and ratifiers of the Constitution understood our “leaders” would always seek to extend their own power. So, they insisted on a Constitution limiting the authority of the federal government to specific, enumerated objects. Then they went a step further, demanding a Bill of Rights “in order to prevent misconstruction or abuse of its powers.”

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Adherence to the Constitution prevents a reckless trampling of basic rights in the wake of an emotional tragedy or national emergency. It serves as a check on federal power and forces careful consideration. If there was not a Second Amendment, do you think for a moment that United States government would allow its citizens to own any type of weapon?

Certainly not.

But ultimately, “We the People” hold the key. We must apply the chains. The Constitution won’t enforce itself. Chains don’t come with a self-application mechanism. It takes vigilance, diligence and persistence to restrain the federal government and protect liberty, especially in times of turmoil. We must insist they follow the Constitution – every issue, every time, no exceptions, no excuses.

Even as we mourn, even as Americans plea for action, we must resist the urge to unshackle the policymakers and the politicians. We simply cannot trust them with unfettered power.

“Show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men, without a consequent loss of liberty?” – Patrick Henry

The post The Constitution: For Times Such as These appeared first on Tenth Amendment Center.

And no, it’s not going to be stopped by Pelosi and Boehner – or Roberts and Scalia.  It’s going to be stopped by people like you – pressing your state to resist.  In fact, Obamacare’s ability to become reality in the long term is like a house of cards.  The act is not viable economically and unstable politically.  The only way it can gain a foothold at this point is through compliance in the states.  Resistance will kill it.

In fact, there are 4 ways that you can resist Obamacare on a state level.   Here’s a quick overview of each:

1.  Reject the Exchanges.   States were “given an option” – run the exchange, partner with the feds on running it, or leave it to DC to figure out.  It doesn’t matter what “cards we were dealt” – as some governors are saying.  Running an unconstitutional program for the feds is just plain wrong.  And the first – and easiest – thing for states to do is to just say no.

Shifting the burden for health insurance exchanges to the feds effectively sabotages the implementation of Obamacare.

The federal government needs states to be complicit to pull this off.  Otherwise, these decisions on who was creating exchange wouldn’t even have been included in the first place.  The fact of the matter is that DC doesn’t have the resources or the manpower to run these exchanges in every state.  Some analysts are saying that they only have the capacity to do so in 30 states, and any more than that will lead towards a collapse of the system.

Right now? Contact your governor and urge him or her to reject the creation of an exchange.  Or, get your state representative to introduce a bill banning it.  You can even use this bill in states where Governors have made the wrong choice.  Make a state exchange illegal with a veto-proof majority and you’ve just made your DC-loving governor irrelevant.  You can find model legislation online at tenthamendmentcenter.com/banexchanges

Also, share this short video on the issue from the Goldwater Institute:

2.  Reject the Medicaid Expansion.  During the Obamacare case before the Supreme Court, Rob Natelson and his colleagues at the Independence Institute argued that the law’s provisions forcing the states to expand Medicaid were unconstitutional. Neither the Constitution nor case law, they pointed out, permits the federal government to use federal spending programs to coerce the states.  Seven of the nine justices agreed with them, essentially adopting the arguments advanced in their brief.

As a result, the states may consider freely whether or not to accept additional federal funds for the Medicaid expansion. Accepting federal funds might seem to bring the states short-term fiscal benefits. But the fiscal risks of doing so are very great—perhaps eventual bankruptcy.  Financial and practical matters aside, helping the federal government run an unconstitutional program by participating in it on a state level is just plain wrong.

Get model legislation for your state HERE.

3.  Pass a Health Freedom Act or Amendment.  Already passed in more than a dozen states – three of which were in November, well-after the Supreme Court ruled on the Constitutionality of Obamacare, the Health Freedom Act is a powerful step towards the nullification of Obamacare.  It is introduced as either standard legislation or as a proposal to your state’s constitution, often requiring a vote of the people.

It often includes language such as this:  “An act banning the imposition of any penalty, tax, fee or fine on those who do not purchase health insurance.”

According to Michael Cannon of the CATO Institute, in order to operate an exchange, state employees would have to determine eligibility for ObamaCare’s “premium assistance tax credits.” Those tax credits trigger penalties against employers (under the employer mandate) and residents (under the individual mandate). In addition, state employees would have to determine whether employers’ health benefits are “affordable.” A negative determination results in fines against the employer. These are key functions of an exchange.

Thus, if the state establishes an exchange, then that law would violate state law by indirectly compelling employers and individual residents to participate in a health care system. That sort of law is precisely what the Health Care Freedom Act exists to prevent.

But it’s not just exchanges.  This would prevents the adoption of any health care policies that are inconsistent with the Health Care Freedom Act.  Under Obamacare, that will likely be many.  Get more information at tenthamendmentcenter.com/obamacare/

Get the New Documentary Today!

4.  Pass a Federal Health Care Nullification Act.  If you like the idea of being on the side of the Constitution, then this step is for you.  It’s the toughest to get through for sure, but it doesn’t hurt to try to get this introduced and debated while working on any of the previous three steps, the low-hanging fruit.  This Act, model legislation from the Tenth Amendment Center, takes the constitutional view that the federal government doesn’t have the delegated authority to run a health care system as proposed in the Affordable Care Act.

This bill not only declares the entire federal act to be null and void within your state, but provides for actions to prevent its enforcement in the future.  Get it online at tenthamendmentcenter.com/obamacare

THE TIME TO ACT IS NOW

In many states, even the simplest – rejecting the exchange – is an extremely difficult proposition.  And in others, you can move right to step four.  While each one of these steps alone won’t result in a nullification of the act, they’re all an important piece of the puzzle.  An act of resistance in one state leads to courage and doing the same in another.  At the same time, some courageous types might get the notion that they can turn it up a notch and take a stronger stand in their state than you have in yours

Action leads to action.  And, as our motto says, Concordia res parvae crescunt.  This is a Latin phrase taken from a letter written by John Dickinson, who was known as “the penman of the Revolution.”  It means small things grow great by concord.

Either way, if you do nothing, you know what will happen.  So, get going now, and stand up for your rights!

ACTION ITEMS:

1. Model Legislation for all 4 steps available here:
https://tenthamendmentcenter.com/obamacare

2. Contact your state reps and senators and urge them to introduce one or more steps to your state legislature

3. Volunteer to help the movement grow:
https://tenthamendmentcenter.com/volunteer

The post 4 Steps You Can Take to Stop Obamacare Now appeared first on Tenth Amendment Center.

“Our state legislators are spineless. They will never pass any of your legislation.”

“The state will never risk its federal funding. We can’t stand up to the feds.”

“The party establishments are too entrenched; we can’t get anything done at the state level.”

These, and many other barriers, do indeed stand in the way of effectively utilizing nullification at the state level. But most people take too short of a view and get discouraged. They focus on what cannot be done today and miss the bigger picture – what we can do today to set the stage for what we will do tomorrow.

We have a long war ahead of us, and we won’t win it through one decisive battle or a quickly executed short-game.

The tide in the Pacific during World War II turned in favor of the Allies after the Battle of Coral Sea and the Battle of Midway. But the United States still faced a determined Japanese military entrenched across a vast expanse of the Pacific. After its costly victory in the Battle of Midway, the American Pacific command didn’t try to win the war by immediately attacking Japan or its Pacific strongholds, but instead executed an island hopping strategy that bypassed the most heavily fortified Japanese positions. The leapfrogging strategy focused Allied resources on less strongly defended positions that could support a further drive toward the Japanese mainland. The strategy effectively cut off Japanese strongholds like Rabaul, leaving them to “wither on the vine.”

Operation Cartwheel kicked off in the summer of 1943, but the Allies weren’t in a position to actually invade Japan until the fall of Okinawa in June of 1945.

The U.S. and Allied forces used a long-range strategy executed over a two-year period to win the War in the Pacific.

It will take an equally long-range strategy to rein in an out of control federal government.

Americans tend to want instant results. But the U.S. didn’t reach this point in just a few presidential administrations. It took more than 75 years of usurpation to amass $16 trillion in debt, and strip virtually all power and authority away from the states and the people.

State nullification may well be our last hope. But we simply can’t expect every state to immediately stand up and begin pushing back against the federal government.

Some states do currently have a climate conducive to nullification efforts on certain issues. Sources close to the Tenth Amendment Center indicate at least 10 states will seek to nullify the detention provisions written into the National Defense Authorization Act. Currently, at least 17 states will refuse to implement state-run health insurance exchanges under the Patient Protection and Affordable Care Act, and several states will push legislation to more aggressively block implementation of the national health care program. Eighteen states have legalized medical marijuana, and at least seven other states will consider bills to create medicinal cannabis programs in the upcoming legislative season.

But many state legislatures won’t consider any kind move that could potentially upset the apple cart. They can’t afford to. For example, my home state of Kentucky receives more than $1.50 in federal funding for every dollar collected in federal taxes. We are a welfare state, and Kentucky lawmakers know it.

So, should people in states like Kentucky simply give up and live with the fact that bureaucrats in D.C. will run their lives forevermore?

Of course not!

Like Allied forces in the Pacific during WWII, folks in these states will have to play a long-game, focusing on winning small victories, consolidating positions, then moving on to the next battle.

Start by networking various groups in the state and educating others in the principles of nullification, founding history and state sovereignty.

This can begin to change the general climate in the state and make it more favorable for future activism. Most Americans don’t know what nullification is, much less its rich history. This has to change before we can expect our lawmakers to actively push nullifying legislation.

Target specific unfriendly representatives and senators, and actively campaign to remove them from office.

You say your lawmakers simply won’t consider nullification or state sovereignty related legislation? Your governor kowtows to the feds?

Then replace them.

Support a governor who will stand up for the sovereignty of the state. Start a PAC and raise money for nullification friendly candidates.  Again considering Kentucky as an example – a huge number of representatives won new terms without any opposition in the last election. How can we expect lawmakers to consider the will of their constituents when they have no fear of losing their jobs? If you live in a district with an unopposed representative, challenge him or her. Even if you lose, you will inject state sovereignty issues into the debate. At least there will BE a debate.

Build single-issue coalitions.

Not every state features a political climate conducive to nullifying the health care act. But people in those states might just buy into legalization of medical marijuana or nullification of NDAA detention. Some states won’t have the spine to stand up to the TSA, but with economic interests at stake, they might just push back against the EPA. In every state, federal intervention in certain areas raises the ire of the people. Find one or two of those issues and focus on them. Build a coalition and try to get a bill passed in that one area. Working with others on a single issue can build bridges and provide the opportunity to “sell” you principles to people who now consider you an ally.

Finally, don’t be afraid to settle for half a loaf.

Many activists will throw up their hands and quit when they see legislation moving forward that they consider watered down. Obviously, you would love to have a whole loaf of fresh-baked bread. But a few slices of warm, buttered bread taste better than none at all. While a non-binding resolution with no teeth may not seem like a real win, it takes a small piece of ground, it changes the environment and it sets the stage for stronger legislation down the road.

Get the new book today!

You might like to have those criminal penalties for federal agents in your TSA bill. But what have you accomplished if you insist on holding out for that in a political climate that will not allow passage? Perhaps you will find yourself better served getting a non-compliance bill passed. Again, you’ve taken a little ground, changed the political climate and set the stage for a stronger bill.

The battle will prove long and difficult. We have many minds to change. Many barriers to overcome. Many enemies to subdue. But we cannot allow ourselves to become discouraged by the apparent strength of the opposition. We cannot become disheartened when we don’t see immediate results. And we cannot grow weary of doing good.

The Allies won the War in the Pacific one small, insignificant island at a time. It’s up to those of us who love liberty to develop strategies and implement the tactics that will lead to victory in each state. It won’t happen in a day. It won’t happen in a year. It may not even happen in two years. But if we commit to the long game, we can island hop our way to victory.

“Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.” – Sun Tzu

The post Playing the Long Game appeared first on Tenth Amendment Center.

In all these cases, people are using the word “Tenther” as a slur, of sorts.  If that’s the case, I say bring on the attacks!

But, I digress.

SCARED

The most prominent example of someone who’s scared is Rachel Maddow.  Ok, well…she’s probably not frightened herself and is likely just a fear monger, but her M.O. is to play off the fear of others who are.  In this case, people like Rachel like to conflate support for limiting federal power with racism, support of slavery, and other nefarious causes.

America has a horrible history with hatred based on race.  From the slaughter of countless indigenous Indians, to slavery, discrimination against Irish, Jews and others – this country has not been a shining example of love, peace and freedom over the years.  And add to that the fact that some prominent people in favor of racial segregation in the mid-20th century used the Tenther tool of Nullification to back up their views – and you’ve got a recipe for some legitimate fear.

I won’t get into all the little details right here.  But, to be clear, American Indians weren’t killed in large numbers due to federalism.  Nullification wasn’t used by people to defend slavery.  It was used by abolitionists.  And those who advocated for these principles to defend the morally reprehensible practice of segregation were not only an anomaly, they were just plain wrong.

IGNORANT

Then we have the ignorant types who think that being a Tenther is bad because it would eliminate some favorite program of theirs.  There’s certainly some fear at play in this group as well, but I think it’s primarily because they’re simply misinformed.

Most of the times, these folks will cite a list of programs that would be ended under our so-called “radical” view of the 10th Amendment.  They then end it there as if the only way to run virtually any program that helps people is through the good graces of the politicians in Washington DC.

Never will you hear them saying things like, “These Tenthers want to eliminate social security.  While I think it’s better to have this done by the Federal government, those who are in favor of this as a government program shouldn’t worry as much as some tell you to – because under the Tenther view, such programs could be carried out by the states.”

No, they never say that.  They also never seem to even think that the market could do a better job than the government at whatever program they’re worried about losing, but, that’s a different conversation altogether.

Either way, they’re either blind or ignorant to the fact that someone or something else could possibly do what they want done.

HYPOCRITES

Finally, we have the fakes.  These are the people that rail on Tenthers as evil, or scary, or dangerous to the status quo on the one hand, but use the same talking points on the other.

Nan Aron is one of these.  She’s the founder and president of Alliance for Justice, “a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society.”

In general, these are not bad goals at all (depending on how they’re accomplished, of course!)

But in the Huffington Post yesterday, Aron wrote an alarmist piece about Supreme Court Justice Samuel Alito talking, tongue-in-cheek, about the 10th Amendment.  Here’s what Alito had to say in a recent speech:

“It is hard not to notice that Congress’ powers are limited.  And you will see there is an amendment that comes right after the First Amendment, and there’s another that comes after the Ninth Amendment. Those are just a couple of examples.”

Not a thumping level of support for the 10th, but at least the guy acknowledged it.  But this one line set Aron on fire.  Her article seems to be intended to serve as a warning to people that Alito is a) a Tenther and b) this is something every good person should fear.

The idea that Alito is a strict constitutionalist Tenther is so laughable I won’t address it beyond this: Sam sounds like a Tenther when his political opponents are in power, but like the national Republican party, he rarely holds to that rhetoric when decision-time comes.

On point B, Aron fits into the first two categories.  She not only sounds frightened, but also comes across as ignorant to the fact that maybe the federal government isn’t the best organization to do the things she cherishes so deeply.  Here’s an excerpt:

The Tenthers rely on a pinched and largely discredited interpretation of the Tenth Amendment, which would have the effect of rendering invalid almost all of the social, economic, and civil rights progress of the past century. If they had their way, the federal government would be severely weakened and programs like Social Security, Medicare, worker health and safety regulations, environmental controls, and much more would be gone.

Of course, she added a little fear mongering to the mix too, with this:

For those of us who cherish the rights and progress won with so much effort from the New Deal to today, that quote from Alito’s speech isn’t just a throw-away line for the edification of a sympathetic crowd — it’s a threat.  

The real kicker in Nan’s article was her attack on Alito for even talking about Federalism. First, here’s what he said:

“The arguments [by Obama’s solicitors general] begin to suggest a vision of society in which the federal government towers over people, and federalism offers no refuge. Government follows every move, and takes away control of religious institutions. This is not America, or the society our Constitution contemplates.”

And Aron’s response:

This kind of fevered language is often heard on Fox News, right-wing radio, or from the mouths of Tea Party candidates. But this is a justice of the Supreme Court laying out an agenda that is indistinguishable from that expressed by the growing Tenther movement.

These are all very interesting viewpoints from a lady who runs an organization that made very similar statements to Alito’s when Bush was in office.  They produced a fantastic video a few years ago titled “The Government Makes Mistakes.”  My favorite line was this: “If the government were never wrong, we wouldn’t need rights.”

Obviously then, Aron has some healthy distrust of government power – and wants that power limited.  So do I.

But here’s the kicker.  She wasn’t just doing this kind of thing when Bush was in power.  Today, a featured campaign on her website is opposition to HR5, the Republican-backed tort reform bill. This is something that a good Tenther would certainly oppose as well.  Here’s the statement from Aron’s organization:

[HR5] raises serious federalism concerns. In our legal system, states have historically been allowed to craft laws allowing injured victims to seek compensation in court.  This legislation upends that federal/state balance by explicitly preempting state tort law, denying states the freedom to create their own approach to malpractice and to decide what’s in the best interests of the people living in their state.

That’s a pretty solid viewpoint on HR5.  We’ve run similar analysis here as well. It sounds to me like Nan Aron is in serious danger of becoming a Tenther herself.  Actually, I think she’s already there when it’s to oppose programs that don’t fit in her political worldview.  But she, like many others on both sides of the aisle get cloudy in the head when it’s their guy doing wrong.

The sad state of affairs in this country is that no one really cares about the 10th amendment – or the Constitution as a whole.  Well, except when it furthers their own political agenda.

Then again, there’s some of us out here who have the Constitution itself as a political agenda.  With your help, our numbers will continue to grow, and the Nan Aron’s on the left and the right will be rendered irrelevant.

The post Ignorance, Fear and Hypocrisy: Tools of the Opposition appeared first on Tenth Amendment Center.

I could easily be done with those two simple words. They’re worth repeating, though. Thank you.

I know there’s a lot of people out there who say it, but I think I’m the luckiest man on earth. And not just for the standard reasons, but because I’ve been given a great gift in my life.

Yes, the standard things. No, they’re not really “standard” – I’m referring to the types of things that most people who are expressing thanks will mention. For example, on my ninth anniversary with Sarah Beth Rosa last month, I counted myself the luckiest man alive. I certainly am. I’m also thankful for the great friends and family members that I love and who love me unconditionally. I am thankful to have a good roof over my head, and so much more.

But tonight, I’m feeling unusually thankful for things that I don’t always reflect on. And while that’s likely driven by the holiday this week, my gratitude is sincere – and strong.

I’m thankful to be alive – right now.

In an age of growing tyranny, I’m grateful. In a time where the so-called land of the free has a government that spies on you, claims the power to kidnap you, will fine you for not buying something and takes your money to keep failing mega-corporations afloat, I’m thankful.

Living in America means that the government can spy on you, read your emails, and monitor your bank accounts. It will bomb and occupy other countries in your name, lock people up for growing a plant, and treat everyone as guilty until proven innocent for the simple act of having purchased an airline ticket.

But through all this evil, I’m thankful to be here. Now.

You see, there’s no greater time for a lover of liberty to be alive than when liberty is in extreme danger. That time is now.

Samuel Adams was given the gift of being alive at a time when he was needed to rise up against the tyranny of the king. Harriet Tubman, Frederick Douglass and Henry David Thoreau were given the gift of resisting and undermining the crimes of slavery.

And today, you and I have been given a gift. We are alive right now when tyranny is advancing faster than it has in a long time. War, mass incarceration, a growing police state and the destruction of the currency. We are lucky to have been given this great opportunity to carry the torch of liberty in its time of maximum danger.

When I’m speaking positively of people standing up to these evils and resisting them locally – I’ll occasionally hear someone talk about how things will never turn around. Even in the face of hearing about local communities resisting federal attacks on due process, or states rejecting federal mandates or bans on plants, they tell me that things are far too gone.

With all the aggressive attacks on liberty that happen every single day, this kind of defeated emotional response is understandable. But every step forward – no matter how small – gives me hope.

Every new individual who comes to the position that they no longer want to support the criminal cabal keeps me pushing harder.

And when I’m feeling crushed by the weight of the empire, or 18-hour workdays, or the setbacks that happen all the time too, a quick read of something written by the late, great Harry Browne always gets me back on track. Here’s the part that gets me:

*******

E.B. White, the author of children’s books, once said (slightly paraphrased), “As long as there is one honest man, as long as there is one upright woman, the future is not hopeless, because the contagion may spread.”

If you’re that honest man or that upright woman, the future isn’t hopeless, because your example may inspire others.

If you speak up when you have the chance – calling into radio shows, writing letters to the editor, participating in Internet forums, just talking with friends or business associates without sacrificing your position – the future isn’t hopeless, because you never know who will hear or read your words.

Become a member and support the TAC!

You may say just the right thing to finally bring around someone who’s close to crossing the line to being active – someone with far more resources, far more talent, far more skills, or far more influence than you have – someone who has the ability to multiply your efforts a hundred or a thousand times over, just because of who that person is.

No, you can’t change America all by yourself. Neither can you do so just by wishing for it.

But you might be the one who inspires one or more people who can make an enormous difference.

Are you that honest man, that upright woman?

If you are, the future is not hopeless.

*******

Thank you, Harry Browne, your words ring true more and more each year.

The post Thankful. Even in the Face of Tyranny appeared first on Tenth Amendment Center.

NULLIFICATION?

For anyone unfamiliar with the concept of state nullification, it was the idea expressed by then sitting vice president Thomas Jefferson when he authored what came to be  known as the Kentucky Resolutions of 1798. The resolutions made the case that the federal government is a creature of the states, and that states have the authority to judge the constitutionality of the federal government’s laws and decrees. He also argued that states should refuse to enforce laws which they deem unconstitutional.

James Madison wrote a similar resolution for Virginia that same year, in which he asserted that whenever the federal government exceeds its constitutional limits and begins to oppress the citizens of a state, that state’s legislature is “duty bound” to interpose its power and prevent the federal government from victimizing its people. Very similar to Jefferson’s concept of nullification, Madison’s doctrine of interposition differed in some small but important ways.

These two documents together came to be known as The Virginia and Kentucky Resolutions (or Resolves), of 1798. Both were written in response to the dreaded Alien and Sedition Acts, and the phrase, “Principles of ’98” became shorthand for nullification and / or interposition. Over time, “The Principles of ’98” would be invoked by many other states, many times for a variety of issues.

A LITTLE MORE

But in order to best-understand what Nullification IS, you should first understand some things nullification is NOT.

Nullification is not secession or insurrection, but neither is it unconditional or unlimited submission. Nullification is not something that requires any decision, statement or action from any branch of the federal government. Nullification is not the result of obtaining a favorable court ruling. Nullification is not the petitioning of the federal government to start doing or to stop doing anything. Nullification doesn’t depend on any federal law being repealed. Nullification does not require permission from any person or institution outside of one’s own state.

So just what IS nullification and how does it happen?

Nullification is any act or set of acts, which has as its end result, a particular federal law being rendered null and void, or just plain unenforceable in your area.

Nullification often begins with members of your state legislature declaring a federal act unconstitutional and then committing to resist its implementation. It usually involves a bill, passed by both houses and signed by your governor. In some cases, it might be approved by the voters of your state directly, in a referendum. It may change your state’s statutory law, or it might even amend your state constitution. In this case, it is quite simply a refusal on the part of your state government to cooperate with, or enforce a particular federal law it deems unconstitutional.

The same process can happen on a local level too. Your county board of commissioners or city council might take up a measure that rejects or resists a federal law. Once it gets passed, all local agencies might be required to refuse compliance with any federal agents trying to enforce the federal act in question.

In either case, Nullification carries with it the force of state or local law. It cannot be legally repealed by Congress without amending the U.S .Constitution. It cannot be lawfully abolished by an executive order. It cannot be overruled by the Supreme Court if the people in the state reject the Court’s opinion. It is the people of a state or local commnunity asserting their rights, acting as a political society in its highest sovereign capacity. It is the moderate, middle way that wisely avoids harsh remedies like secession on the one hand, and slavish, unlimited submission on the other.

It is the constitutional remedy for unconstitutional federal laws.

With the exception of a constitutional amendment, the federal government cannot oppose (except perhaps rhetorically), these actions to nullify an unconstitutional federal law without resorting to extra-legal measures or violence. But such measures would more than likely backfire, since most Americans still believe might does not make right.

There is no question as to whether or when such “official” nullification will happen: It has ALREADY HAPPENED.

In fact, not only has it happened recently, it has been a success! Perhaps this is why the federal government hopes you will never hear about it.

With Massachusetts voters approving Question 3 on November 6, 2012, there are now 18 states that have legalized marijuana use for limited medicinal purposes – in flat out defiance of the Congress, the Executive Branch and the Supreme Court.

AHHH…MEMORIES

There was a time when the federal government took the Constitution seriously enough that Congress actually did what was required to enact a nationwide ban on a substance – amend the Constitution. Even though the experiment would eventually be viewed as  a failure, the 18th Amendment was passed, and the era known as “Prohibition” began. Four years later, it was repealed.

Burt when it comes to marijuana prohibition, the feds pulled another trick out of their sleeves. All three branches of the federal government agreed on a very novel, liberal interpretation of the “commerce clause,” allowing them to regulate virtually any substance, including marijuana, even though legal commerce involving pot doesn’t exist. Since that time, the federal government has claimed, with a straight face, that it has the power to regulate and ban a plant grown in your own back yard, never sold, and never leaving your property – all under the interstate “commerce clause.”

THE BLUEPRINT

But the states just aren’t buying it and it has implications far wider than they want you to know.

Mark Kreslins points out:

“..medical marijuana now poses a real threat to the enforcement power of the Federal Government. With state after state defying Washington D.C. over this issue..Washington D.C. has a choice to make; enforce their laws based on a very liberal interpretation of the Commerce Clause by sending thousands of DEA agents into all fifty states, or look the other way. Thus far, they’ve chosen to look the other way,  for if they create the appearance of a Federal takeover of police powers in the States, they will fully expose their extra-constitutional behavior and provoke a direct confrontation with the States who will use the 10th Amendment (hopefully) to defend their prerogatives.”

Whatever your view may be regarding marijuana use, medical or otherwise, one thing is apparent: Nullification is happening right now, and it works! Washington DC will just have to get used to it because this same method can be applied to virtually any issue.

In fact, this type of action is building on many issues, including resisting so-called “indefinite detention” powers or violations of the 4th amendment by the TSA. Pick a constitutional violation, and say NO in your state, county, city, or town.

That’s the blueprint. When enough people stand up and say NO to a federal act or mandate – and enough states pass laws backing them up, there’s not much the federal government can do to force their unconstitutional rules, laws or mandates down our throats.

THE FUTURE?

What remains to be seen whether state governments will be willing to use their power to “officially” interpose themselves between agents of the federal government and the people of their state. In the unlikely event that one or more branches of the federal government decides to take extra-legal measures to punish residents of a state for exercising their constitutional rights in defiance of unconstitutional federal laws, will that state’s government have the courage to hamper or even neutralize such extra-legal measures?

There are a whole host of peaceful actions that a state government can adopt if that day comes, or appears to be just over the horizon. These measures range from county sheriffs requiring that federal agents receive written permission from the sheriff before acting in their county, to setting up a Federal Tax escrow account, which could potentially de-fund unconstitutional federal activities by requiring that all federal taxes come first to the state’s department of revenue.

Besides state interposition, the other thing Washington would have to consider is whether enough of their agents would actually obey orders to punish people for exercising their constitutional rights. There is a significant chance that enough of them would either publicly or privately decide in advance to ignore such orders. As the probability of this increases, it becomes more likely that Washington will not risk overplaying its hand. The reality is that Washington just doesn’t have the manpower to enforce all of their unconstitutional laws if enough states choose to defy them.

Of course, it all depends on the people of the several states: ordinary people like you and I.

Although I’ve discovered that there are more elected representatives at the state level who are committed to acting in a courageous and principled manner than I ever dared hope, most of their peers lack such a brave commitment. Most of them will stick their head in the sand, or sit on the fence, until they determine which way the wind is blowing. And so it’s our opinion, not the opinion of the American people in aggregate, but our opinion as citizens of our respective states, that will influence the decision of our state representatives to either stand tall or to kneel down and knuckle under.

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Question: do you even know the men and women who represent you? I’m not talking about those who represent you in Washington, but rather in Phoenix, Salem, Sacramento, Salt Lake City, Denver, Austin, Oklahoma City, Tallahassee, Atlanta, Nashville, Richmond, Harrisburg, Indianapolis, Columbus and Springfield.

If you don’t know them, and you care about our republic, you should make it your highest priority to get to know them and establish rapport with them as soon as possible.

For any of you who really want to preserve our union, and at the same time retain your rights guaranteed by the Bill of Rights, I can’t say it any better than 2008 presidential nominee of the Constitution Party, Chuck Baldwin:

“..it is absolutely obligatory that freedom-minded Americans refocus their attention to electing State legislators, governors, judges and sheriffs who will fearlessly defend their God-given liberties..as plainly and emphatically as I know how to say it, I am telling you: ONLY THE STATES CAN DEFEND OUR LIBERTY NOW! ..this reality means we will have to completely readjust our thinking and priorities.”

Michael Maharrey and Michael Boldin contributed to this article.

The post Nullification in One Lesson appeared first on Tenth Amendment Center.

Some of you said you were supporting the Tea Party candidates in 2010.  And, if that didn’t work, then you’d use your time, money and energy locally to nullify.  But, that Tea Party class sure didn’t stop the big government train wreck.

Instead of moving on to nullification, you decided to wait again.  You were going to hold out and see how the Supreme Court ruled on Obamacare before working on nullification.  And, as usual, the supremes failed the constitution and your liberty.

After that – “Nullification? Yeah, I support it,” I heard you say that many times.  But it was always with this caveat: “This is the most important presidential election in history, so we can use nullification later to hold Romney’s feet to the fire after we get rid of Obama.”

So, again, you decided to wait.  Instead of focusing all your energy on nullification at the state and local level, you decided to donate your hard earned time and money to candidates for federal office.

THE SIREN SONG

Today, election day has come and gone.  On a national level, “Vote the bums out” is dead as a strategy.  Once again, it has proven to be a complete and utter failure.  It always has been, and always will be.  That’s why you see all the pundits, the politicians, the media and all the experts filling your head with the siren song of national elections.

This kind of thing isn’t new, either.

When conservatives voted to oust the big government bums from the Clinton administration, they were had.  Bush and the Republicans came in and made government even bigger and more intrusive.  Those criminals left us all with a huge expansion of federally-run healthcare, national control over education, bailouts and more.

The result?  When you vote out the big government bums – you get different big-government bums.  And they’re usually worse.

But it’s not just conservatives who’ve been ripped off by these crooks.

When liberals ousted the Bush administration, most were opposed to the wars, to the attacks on civil liberties, Guantanamo Bay, the aggressive war on drugs and more.  With the Obama administration, they got new wars, an extended patriot act, excuses about not closing Guantanamo, a ramping up of the war on drugs, NDAA “indefinite detention,” and the list goes on.

There’s nothing liberal about Barack Obama.  He’s just an expansion of what the left hated about his predecessor.

NEVER GOING TO HAPPEN

Look, there’s no cavalry coming.  No one is going to ride into DC on a white horse, and save the Constitution and your liberty.  Washington DC is never going to fix itself.

Never.

And no matter how many times the political class urges you to throw away your time and money on federal elections to get the society you want, it will never happen.  The whole thing is a big scam.

So instead of getting suckered on this garbage even one more time, one more day, or one more minute, how about pledging right now to take that action you’ve been afraid to take for so long. Nullification.

NO MORE FEAR

Maybe you’ve been afraid because you believe some of the propaganda that the elite uses against nullification.  Maybe you’re just scared to resist and are hoping for an easier solution.  Maybe you fear the unknown.  How will nullification play out, right?

Get the Nullification Owner’s Manual!

Maybe you don’t even know why you’re afraid, but you are.  You’ve been saying for years that you’ll support nullification “later.”  You keep procrastinating in the hope that the simple methods are going to work.  But they don’t.  Pressing a button every couple years has failed you.  Sending in cash to candidates from the comfort of your home has failed you.  Waiting for some unelected, unaccountable, politically-connected lawyers to rule in your favor has failed you.

That’s not going to change.

So it’s time to set aside your fear, your hesitation, your patience, and do what’s right.  It’s time to take a different path – one that you know is already having success.  It’s time to show the courage that this country was founded upon, and that liberty requires.

Your country needs you.  Your community needs you.  Your family needs you.  Liberty needs you.  History is knocking on your door.  Answer it.  This has always been your calling.  The time to Nullify is now.

The post No More Waiting. Nullify Now! appeared first on Tenth Amendment Center.

ten·ther \ten-ther\  noun

1.  A person who supports the Constitution: every issue, every time, no exceptions and no excuses.
2.  Those who actively utilize the principles of decentralization to advance the cause of liberty.
see also:  Tenther Movement 

Ron Paul is out.  Gary Johnson and Jill Stein are not going to win.  Barack Obama and Mitt Romney represent the classic “lesser of two evils” situation.  Rocky Anderson and Virgil Goode are barely a blip on the radar.

Look, I’ve heard all the arguments in this presidential election.  A vote for anyone but Romney is a vote for Obama.  A win for Mitt means the right will go back to sleep like they were under Bush.  The lesser of two evils is still evil.  And more.

Like every other presidential election, people everywhere are shouting from the rooftops, “this is the most important vote of your lifetime!”  But, all these arguments are missing the point entirely.

The 2012 Presidential election is not a make-or-break election.  America, as the Founders envisioned, has already been broken for a long, long time.

BROKEN

That’s no understatement, either.  Pick a clause of the Constitution, and it has likely been violated to the point of nonexistence.  Read through the Bill of Rights and you’ll see how few of those essential liberties are truly in place today.

We live under a federal dictatorship of sorts.  Sure, you get to choose your oppressors every few years, but those people still claim the power to do plenty.  They tell you what kind of light bulbs you can own and how big your toilet can be.  They will arrest you for growing a plant in your backyard and fine you for not purchasing an insurance product.  They relentlessly spy on you, monitor phone calls and read emails.

They drop bombs wherever they want around the world – Constitutional requirements for Congressional declarations of war are now considered an anachronism.  If they don’t like your opposition to what they do, they’ll use a drone to watch your every move, then kidnap you and keep you in a secret military prison.  They call that one “indefinite detention.”

Free speech “zones,” business and environmental regulations that should be the purview of the states or the people, corporate bailouts and endless excuses for their lies, rules and failures.  It’s never-ending.   And, all the while, they keep debasing the currency in the hopes that their house of cards continues to stand.

Ole King George would have salivated at this kind of power.  But, today, some people seem to think that a simple vote every few years is all they need to do to advance the cause of the Constitution and your liberty.

They’re wrong.

TOP FIVE

So what’s a good Tenther to do on November 6, 2012?

Like my friend Steve Palmer wrote in a recent article, the #1 most important thing is not what happens on November 6th.  What really matters is:

“what we do on 364 other days of the year.  If we go back to sleep because we’re happy that the winner is wearing a red jersey or a blue one, we’re doomed to be exploited.  If we stay vigilant and ensure that the use of force by government is limited to its Constitutionally legitimate role, then society will bring the blessings of prosperity to all of us.”

No, I’m not trying to talk you out of voting for one of the presidential candidates, or even into voting for a different one.  Over 90% of potential voters are already dead set on who they’re going to vote for – or against, most likely.

My goal here is to encourage you to do more. Since you’re already set on who you’ll be voting against, spending time reading, watching, or complaining about any of the candidates is nothing more than a daily soap opera.  You can certainly spend your time far more wisely – and help us all in support of the Constitution.

So here’s my list of the top-5 things a good Tenther can do this election season.

5.  Vote for Good State and Local Candidates

It seems like everyone forgets about the little guys.  But these are the people that can change the world.  Like the Constitutional structure that the founders gave us, a revolution in thought and action isn’t a top-down proposal.  It’s bottom up.

So check out your state and local campaigns and vote for people that support the Constitution and your liberty.  There are some great ones out there, surprisingly enough.   Here are a few examples:

Aaron Libby is running for re-election in the Maine state house.  He’ll be introducing one of the strongest Obamacare nullification bills in the country.

John Logan Jones is also in Maine – and a strong challenger too. He was well-positioned to run for Congress, but recognized the absolute need for state governments to take “an activist role in reasserting powers” stolen by the feds.

My friend Anthony Rice is running for city council in Rancho Cucamonga, California.  And Mark Hopp is running for county commissioner in Alamance County, North Carolina.  These are the kind of guys who will have absolutely no qualms pushing legislation to nullify NDAA (like 16 communities around the country have already done) and just about anything else on a local level.

David Simpson is running for reelection to the Texas state house.  He’s been leading the charge to nullify unconstitutional searches and seizures by the TSA.

Bernie DeCastro is running for sheriff in Marion County, Florida – and Ray Seidel is running for sheriff in Lincoln County, New Mexico.  Both of these guys have been endorsed by Sheriff Richard Mack and if they win, could establish some of the freest counties in the country.

Matt Shea is running for reelection to the Washington state house.  He’s a relentless supporter of the Constitution and has worked on legislation to nullify NDAA and Obamacare, in support of sound money and more.

4.  Educate.

Read. Learn. Share.  As more people learn about constitutional principles, the more good people will take action locally, where real change can be affected.

Nullification: The Rightful Remedy is a power-packed DVD that can introduce people to these issues in under 90 minutes.

Our Last Hope: Rediscovering the Lost Path to Liberty is the essential guide to the Tenther movement.  It’s the owner’s manual.

Liberty Classroom has a fantastic free resource, State Nullification: What is it? 

3.  Lobby Your State and Local Representatives

Hammer away at your local politicians.  They usually get ignored, so when they start getting just a few calls to support a particular issue, they’ll start paying attention.  Call the ones you know are your opposition too.  Sometimes politicians are so slimey that they have absolutely zero principles (ok, sometimes is too modest).  It’s those people who’ll change with the wind, and if you press them, you can make things happen.

The Tenth Amendment Center has model legislation ready for introduction in your area.  NDAA, Obamacare, Drones, Constitutional Tender, the TSA and more.

2.  Vote to Nullify! 

There are ballot initiatives in play around the country.  You can vote to ban federal or state insurance mandates in Montana.  You can drive a truck through the unconstitutional drug war in Colorado, Oregon and Washington State.  You can stand up for health care freedom in Florida and Alabama, and more.

So check those referendums and vote YES on anything that defies Washington DC.  Every crack in the armor will make us stronger.

1.  Organize.

The most important thing you can do right now is organize.  This really encompasses all the previous four, and will make every future effort even stronger.  Educate people in your community.  Build strong support networks for local candidates and referendum campaigns.  Get teams of people together to lobby those already in office.  And build strong campaigns and coalitions to nullify unconstitutional federal acts.

You can use the Tenth Amendment Center’s Nullify Obamacare Organizer’s toolkit (pdf) to help you along.  It’s a free 17 page document filled with ideas and methods that work.  And no, you don’t have to focus only on the ACA, you can use these time-tested strategies on whatever issue is most important to you.  You might even want to head up your own nullification campaign.

Become a member and support the TAC!

TRUTH

Bottom line?  The time to act is now.  Not next year, or next fall.  Not next month or next week.  Today, not tomorrow.  Right now.

If all you’re doing is voting, you’re not doing enough.  Please start doing more.  There. I said it.

While I know that statement will likely irritate some people, I firmly believe it to be the truth.  And on truth, Thomas Jefferson couldn’t have been more right:

“It is error alone which needs the support of government.  Truth can stand by itself.”

The post A Tenther’s Guide to the Elections appeared first on Tenth Amendment Center.

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Jose owns a little market on a big-city street corner. Business is pretty good, but he has a problem with neighborhood thugs coming in – shoplifting, harassing customers and basically making a nuisance of themselves. Jose deals with them as best he can, shooing off troublemakers with a little intimidation of his own manufactured by Louisville Slugger. Every once in a while he calls the cops.

Business continues to grow.

Then one day, Bruno walks into the store. Bruno serves as muscle for the largest gang in the city. He suggests that his syndicate can provide “protection” for a nominal fee. Bruno strongly suggests Jose accept the generous offer.

Of course, Jose ponies up the cash. Sure enough, the neighborhood thugs disappear. No more petty theft. No more loitering. No more customer harassment. But every so often, Bruno makes a visit. Jose knows that a visit from Bruno means the cost of protection is about to rise. On top of that, Bruno’s associates eventually begin dropping in frequently at the store. They help themselves to merchandise, intimidate customers and basically create a nuisance.

But unlike the neighborhood thugs who used to cause problems, Jose can’t merely shoo Bruno’s people away with a baseball bat. He tried it once. They quickly reminded him that they work for Bruno. Bruno runs the neighborhood for the syndicate. Jose can’t even call the cops. They won’t come. Bruno’s boss has them under his thumb. Jose knows he stands powerless to halt the mischief.

While it caused some difficulties and cost him a little money, Jose was able to deal with the unorganized neighborhood thugs that used to hassle him. But he finds he had no control whatsoever over Bruno and his clan.

During a recent discussion about devolving power back to the states and constraining the federal government in its constitutionally prescribed role, a big-government proponent argued that we must maintain a strong hand in Washington D.C. to protect minorities.

“The states have proved they can’t be trusted to protect the rights of the people, especially minorities,” he quipped.

This narrative has dominated American politics since the 1950s. Southern governors and legislators appealed to the idea of “states’ rights” to perpetuate segregation. Mention state sovereignty and proponents of a strong federal government will quickly call up images of Birmingham police officers firing water cannons at black people, and remind us that Arkansas Governor Orval Faubus ordered National Guard troops to block the entrance of Little Rock Central High School in order to keep nine African-American students out. Most Americans consider the victories in the Civil Rights battles of the 50s and 60s shining examples the successful application of federal power.

In fact, brave heroes such as Rosa Parks, and countless nameless folks who simply refused to submit any longer, ultimately won the victory. But the federal government did play a role and helped break down an evil system of segregation in the South.

But as we say in Kentucky, even a blind squirrel finds a nut every now and again.

In fact, the indignities of segregation pale in comparison with some of the evils perpetrated by the feds.

The reasoning goes something like this: certain state governments proved they will oppress minorities in the middle of the 20^th Century; therefore we need a bigger, more powerful central government to force the states not to oppress minorities today.

But it wasn’t the state governments that rounded up more than 100,000 Japanese-Americans and locked them up behind barbed wire during WWII.

It wasn’t the state governments that studied the unchecked progression of syphilis in poor black sharecroppers in Tuskegee, Ala. Federal officials told the subjects of these studies that they were receiving free government health care. They never told them that they had syphilis, nor did doctors ever treat them for the disease. The victims were told their treatments were for “bad blood.”

And it wasn’t the state governments that sprayed low-income residents in St. Louis with toxic, radioactive particles.

Dr. Lisa Martino-Taylor recently uncovered documents revealing that the feds blew a fine powder made of zinc cadmium sulfide into the air over poor neighborhoods. Cadmium was even then a known toxin, although federal officials claimed in the 1990s that the residents were not subjected to dangerous levels.

But Martino-Taylor says she also found indirect evidence that the powder was laced with a fluorescent additive – a suspected radiological compound.

“There are strong lines of evidence that there was a radiological component to the St. Louis study,” she said.

In fact, in 1993 a congressional study confirmed conducting radiological testing occurred in Tennessee and some western states.

The professor of sociology at St. Louis Community College said documents reveal the spraying occurred during two separate periods between 1953 and 1954 and again from 1963 to 1965.  The aerosol was sprayed from blowers installed on rooftops and mounted on vehicles as part of a biological weapons testing program.

”The powder was milled to a very, very fine particulate level.  This stuff traveled for up to 40 miles.  So really all of the city of St. Louis was ultimately inundated by the stuff,” Martino-Taylor told CBS St. Louis.

The government planted news stories to cover up the nature of the spray.

“There was a reason this was kept secret.  They knew that the people of St. Louis would not tolerate it,” Martino-Taylor said. “And they told local officials and media that they were going to test clouds under which to hide the city in the event of aerial attack.”

The areas sprayed were predominately black. Army documents called it “a densely populated slum district.” This during the same time-period that the feds were “fighting for minorities” in the South.

Evidence points to higher than normal incidences of cancer in residents who lived in the area at that time, although after all these years, researchers admit it’s difficult to gather conclusive evidence.

Here’s a question for you. Why do we never hear the Tuskegee experiments, or Japanese internment, or feds spraying poor people in St. Louis invoked as a reason to distrust and limit federal power in the same way big government apologists use the Civil Rights era as a rational for growing the federal government and limiting the power of the states?

Fact: governments do bad things. All of them. Local governments. State governments. National governments. The question becomes, how can “we the people” best control them? The answer: limit their power and break them into as many competing jurisdictions as possible.

Americans instinctively distrust economic monopoly. They assume that if one company corners the market on a given product or service, the monopolist will screw the consumer. It will raise prices, limit service and pretty much run roughshod over the customer. After all; no competition exists to hold it in check.

Probably a pretty rational fear.

Then why do Americans so readily embrace a political monopoly centered in Washington D.C.?

Seems to me they’re trading the neighborhood thugs for Bruno.

The post The Feds are Dangerous to the Rights of Minorities appeared first on Tenth Amendment Center.

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the following is based off a speech given at LibertyFest NYC on 10-13-12

Federal campaigns have been a failure. And I’m not talking about elections alone. For over a 100 years – and probably longer – people have been suing and marching and voting bums out. And the result? It doesn’t matter which political party is in Washington DC – or what person occupies the white house – federal power always grows and your liberty is always less.

The liberty movement is ready for a different path. I’m not talking about something new. I’m talking about getting on board with something that’s already happening and already winning. It’s a path that we’ve been advocating for at the Tenth Amendment Center since 2006.

ONE.

What’s next for the liberty movement? I can answer that in one simple word. Weed.

People have been smoking, growing, buying and selling weed for a long time. Some people get punished for it – and many more actually get away with it. And in my state of california – eventually enough people were on board with this that the political activists decided to take action too – and in 1996, proposition 215 was passed which “legalized” cannabis for certain, limited purposes.

Over the years, the feds have absolutely hated this. At first, they were extremely aggressive in trying to stop people from growing, selling and consuming this plant. But people did it anyways.

And in time – more people got on board and the risk became less. Pretty soon, a number of businesses began popping up around the industry – to the point of what we have today – thousands of businesses around the state either directly or indirectly involved in the marijuana business. This is a market that is nearly impossible to shut down. In fact, today where I live in Los Angeles, there’s literally between 1000-1200 retail marijuana stores – that’s in one city alone.. There are more stores selling marijuana in LA than there are Starbucks and 7-11’s combined.

California, though, hasn’t been alone. By 2005, there were 10 states that were doing the same – and violating federal laws on weed. It was that year that a Supreme Court case was decided on the issue, and in the famous case, Gonzalez vs Raich, the Supremes ruled against the state marijuana laws.

As I was learning about government, I always thought that if the Supreme Court ruled against a law in one state, other states which had similar ones would repeal them. But after that case was decided in 2005, not one single state repealed their medical marijuana laws. And today, another 7 have gotten on board too.

The supreme court may have an opinion on marijuana – or just about anything else – but let ’em come and try to enforce it!

IT WORKS

This is something that we would call Nullification.

The way WE define nullification is like this – it’s “any act or set of actions which has as its result a particular law being rendered null, void – or even just unenforceable in your state.” And you could actually take this on down to the county, town, or local level.

While national efforts to end wars, stop NSA spying, repeal the patriot act, overturn health insurance mandates, audit the fed – and more – have all failed – they all fail – as these 17 states are showing us, Nullification works.

And this November, when people go to the polls, the most important vote isn’t being cast for Obama or Romney or Gary Johnson. It’s not being cast for a Senate or House race. It’s not being cast for anything on a federal level. This November, the most important votes are being cast in Massachusetts, Arkansas, Washington State, Colorado, and elsewhere

In Massachusetts, polls show medical marijuana question 3 up 69%-22%. The 18th state to nullify federal marijuana laws is going to do it by a landslide. Arkansas has a similar initiative that is up slightly in the latest polls.

In Colorado, Amendment 64 is taking things to the next level. they already have medical marijuana. This would legalize the “sale and personal use of marijuana” for people 21 and over. That one is up by 10 points – 50% in favor, 40% opposed. The same one in Washington State, Initiative 502 is polling at 57% in favor with only 33% opposed.

If any of these states pass their marijuana measures – especially the legalization efforts – it will further the de-facto nullification of federal laws on pot that is already happening in 17 states around the country right now.

JUST THE BEGINNING

As Democrats and Republicans continue to work together in DC to take away our rights, it’s states, local communities and individuals which will rise up and save them.

And what is our path? It’s not about federal elections, or federal candidates, or federal campaigns for liberty of any kind. Our path is resistance..

When Rosa Parks refused to move the to back of the bus – she taught us just how to deal with laws that are unconstitutional – immoral – or unjust.

She didn’t comply and then go and spend a bunch of time knocking on doors advocating for a new candidate for office. She didn’t comply and then spend her time in an expensive and unwinnable lawsuit. She didn’t just comply – and then plan on voting in a new politician to change the law which was oppressing her.

She did something that each one of us needs to start doing more often in our lives. She sat there and said NO.

This is really nullification in action – every single time a heroic pot smoker lights up a joint – violating federal law – they’re helping to render that law, null, void, and unenforceable.

When enough people stand up and say no to the government – there’s not much that the feds can do to force their unconstitutional “laws” – regulations and mandates down our throats.

The establishment knows this, and wants you to stay distracted with federal, instead of state and local efforts.

The neocon editors of the Wall Street Journal are afraid of our success

They recently wrote this about our work to nullify another monstrosity – NDAA “indefinite detention” powers. They said if these state and local efforts continue to grow around the country…

“[it] would undermine executive war-fighting authority”

Under their twisted view of executive war powers – absolutely. And with your help, that is exactly what we intend to do.

The post Next Up for the Liberty Movement appeared first on Tenth Amendment Center.

“Society is produced by our wants, and government by wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices.  The one encourages intercourse, the other creates distinctions.  The first is a patron, the last a punisher.  Society in every state is a blessing, but government even in its best state is but a necessary evil.”, Thomas Paine

During my morning commute the other day, I was stopped at a traffic light.  While sitting there fiddling with the radio dial, my mind wandered.  At that instant, how many cars were stopped on how many highways by how many red-lights all around the country?  How many gallons of gasoline were being wasted while car engines sat idle?  How many minutes were being lost?  How much traffic congestion was being created as groups of cars were being forcibly compressed into tightly condensed clusters?

All of these must be huge numbers.  Now multiply them by the number of instants in a day and the number of days in a year, this is surely a huge (and growing) waste, each and every year.  Early in the morning or late at night in my area, it is not even unusual to be caught at a traffic light with no competing traffic moving in any direction through an intersection.  We surrender our intelligence, our freedom, and our mobility to an automaton, thoughtlessly cycling through red, yellow, and green. Well there are many traffic lawyers however I recommend to visit kpnylaw.com/speeding-ticket/ you really should have the highest-quality legal counsel available.

When you add it all up, this is an immeasurable evil perpetrated against the American people. The loss of freedom, the mindless submission, the loss of time, the loss of money as our gasoline is consumed….  Yet this evil saves lives.  I am convinced that most of these traffic lights are worthless, merely moving accidents from one place to another, but at least a few of them actually do prevent accidents and traffic fatalities according to the report from a wrongful death attorney in las vegas nv.  As much as I am convinced that traffic lights are evil, I am also convinced that some percentage of them are necessary.  The lesser of two evils, as it were.

Last Wednesday, I was picking up my daughter from Blues on the Green. The weekly music festival is so large now that we agreed to meet at the McDonald’s on the corner of Barton Springs and South Lamar. Around 9:30, I saw a young woman on an electric scooter come whizzing by. And then another. And then another. Eventually, Barton Springs was literally swarming with electric scooters. Riders of every age, shape and size. And none of them were wearing any protective equipment or even paying full attention to the traffic lights; no helmets, no knee or elbow pads, no gloves. I even saw one teenage girl wearing heels as she zoomed along.

As a personal injury attorney, when I see an obviously dangerous activity taking place, I sit up and take notice. According to Atlanta personal injury attorneys at Harris Lowry Manton LLP, you only have two years from the day you were injured, or the day you could have reasonably known you were injured, to file your claim.

Electric scooters have become wildly popular in South Florida. And apparently it’s not just me, E-scooters were first a novelty and then many began to find them annoying: the darting electric scooters have startled and sometimes scared South Florida pedestrians, bicyclists and motorists.Electric scooters travel up to 20 miles per hour and can carry passengers, including children, who stand on the floorboard with the driver. Many people don’t have experience operating or riding on e-scooters, adding to e-scooter’s erratic zipping and zapping in traffic.

Florida’s Governor DeSantis recently signed HB 453. Under this new legislation, e-scooter riders have “all rights and duties applicable to the rider of a bicycle,” including the use of streets and bike lanes.

Cities and municipalities can still place some restrictions on e-scooter use, such a keeping some sidewalks and streets scooter free, and regulating where and how the scooters can be parked.

In sum, HB 453 will take some e-scooter riders off sidewalks and put them on the streets with bicyclists and cars.

See the potential danger here?

E-scooter proponents cite the scooter’s easy and affordable availability, and the ease of taking short trips without getting into a car.

They also point to reducing city traffic congestion and pollution from car emissions.

But what about Florida’s pedestrians, bicyclists and motorists?Particularly in the populated areas of Miami-Dade, Broward and Palm Beach counties, e-scooters add to the already dangerous mix of crowded roads and never-ending construction.

A South Florida Sun Sentinel review of Fort Lauderdale Fire Rescue records found that 74 scooter riders were in accidents from December 2018 through April 2019.

57 of the accidents required a trip to the hospital, with ten suffering severe injuries. One victim died as a result of e-scooter injuries. Another has been in a vegetative state since late December 2018. Other states besides Florida are also reporting increased accident rates. If you have also been involved in an accident, we recommend contacting a Car Accident Attorney.

What can you do to protect yourself from an e-scooter accident?

• If you’re driving an e-scooter, remember that most scooter accidents occur at night, and during the weekend. Exercise extra caution and care after dark, and especially so on weekends. Think of an e-scooter as any other type of machinery, and don’t use under the influence.
• Pedestrians, bicyclists or motorist in e-scooter traffic must also exercise abundant caution. Give e-scooters a wide berth, even if it means slowing down considerably: e-scooters can and do weave in and out of traffic.

What should you do if you’re in an accident?

If you’re hurt, call emergency medical services. But don’t assume that you’re not hurt just because you don’t need an ambulance. Many injuries don’t manifest until well after the accident. Call Chicago escooter crash attorneys if you’re injured in an accident in Illinois, Indiana, Michigan or of course Chicago. Matthew Waring has been on both sides of an accident: from winning for a client the compensation they deserve to being in an accident and feeling the pain and suffering of accident victims.

The post Of Traffic Lights and other Traffic Security Measures – Good and Evil appeared first on Tenth Amendment Center.

Stereotypes in our society generally separate those views by political party support – or even voting habits. People who vote Democrat are generally considered the ones who look at the Founders’ vision as old, outdated, or simply something that gets in the way of their political plans. Republican voters are generally seen as the ones who want smaller government, and the ones who cite the Constitution as justification for that reduction in federal power.

But, many people argue, individual Republican supporters often favor policies that are just as unconstitutional as their Democrat counterparts. They are many who have favored things like the Real ID act, the patriot act, indefinite detention, war without congressional declaration, and much more.

In my own experience over the years, I’ve often noticed a difference in how these two “sides” respond to Constitutional arguments. In talking with Democrats about federal actions they oppose, they’ll readily get on board with a viewpoint that the act in question is unconstitutional. But, when they favor it politically, it takes quite a bit more. And, often times, when providing a pretty convincing argument that the act is in fact unconstitutional, the response is generally something like this – “OK, sure. It’s unconstitutional. But why do we need to be stuck in a period two centuries ago. Those old white guys couldn’t have envisioned our needs for today.”

Basically, it all gets down to a political viewpoint. Use the Constitution when it supports those view, and trash it when it doesn’t.

On the other hand, in talking with Republicans about federal actions they oppose, they’ll also readily get on board with a viewpoint that the act in question is unconstitutional. And when they favor the act politically, it also takes quite a bit more explanation. Where I’ve personally experienced the greatest difference in responses is when providing a convincing argument that a Republican’s favored political program is unconstitutional. I can’t think of a time where I’ve heard that the Constitutional limitation should be ignored because it’s old, or because those “dead white guys” wrote the document. Instead, I have generally heard arguments like this. “Yes, I agree that the founders left marriage rules to the states. So we should amend the Constitution and make that a national issue!” Or, “OK, now I understand the PATRIOT Act issue constitutionally, and I really shouldn’t have been in favor of it when Bush was in office. But I’m not going to vote against Obama over this one issue – we’ve got to get him out of office!”

In general, I can understand these positions, even if I don’t agree with them. At very least, when nationalizing something, I’m hearing from these folks that a Constitutional mechanism should be used in some cases.

And, when learning that a favored program is unconstitutional, I’m getting less resistance to it, even when actions are taken which will perpetuate it.

While this isn’t a great success, it is a slight improvement. But, lately, I’ve noticed a new approach becoming popular, that’s just as bad, or worse. This viewpoint can be summed up no better than by this comment, from Paul in North Carolina:

“You are ensuring the enslavement of America thanks to your ‘purism’. Face facts and realize we must oust Obama.”

So let me get this straight. It’s us – the ones who want to follow the Constitution, who are the bad guys? It’s not the people who’ve given us nationalized education, nationalized health care, nationalized retirement funds, nationalized agricultural laws, and more. It’s the Constitutionalists who are now the enemy to republicans like Paul.

For Paul, I guess he doesn’t care about Republicans who paved the way for Obamacare with Medicare Part D. He doesn’t care about Republicans who paved the way for “Indefinite Detention” in America by setting it up and practicing it at Guantanamo Bay. He doesn’t care about the massive growth in food stamps recipients under Obama as a result of Republicans voting in favor of expanding them under Bush.

He doesn’t care about much, I guess.

For Republicans like Paul – and on the other side, like the “Peace President” who bombs people, extends the patriot act, and keeps guantanamo bay open – principle means nothing. Only winning does.

But, for them to say they want to “save America,” is this delusional? I think so.

Every election, we hear from people that the president must be ousted or “we’re all doomed.” But yet, there’s never been a presidential election in modern times that has brought this country anywhere closer to the Constitution. Not one.

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The sad fact is this. America, as the Founders set up, was dead and gone long before Barack Obama or George Bush ever took office.

So, like Paul, if all you care about is your team winning, then yes, Constitution supporters are the enemy. And we are certainly that enemy to both Democrats and Republicans. Why? Because both sides have shown a complete disregard for the Constitution for a long, long time.

But, it doesn’t really matter to me if we’re their enemies. And, like John Adams so wisely wrote,

“Many of the ablest tongues and pens, have in every age been employ’d in the foolish, deluded, and pernicious flattery of one set of partisans; and in furious, prostitute invectives against another: But such kinds of oratory never had any charms for me. And if I must do one or the other, I would quarrel with both parties, and with every individual of each, before I would subjugate my understanding, or prostitute my tongue or pen to either.”

Bam. Enough said for me.

The post Constitutional Purism or Bust appeared first on Tenth Amendment Center.

The platforms, for all of the drama and parliamentary bickering that goes into forming them, function only to spark fires under the party’s base. The more noteworthy portions of the platforms, such as the one about Medicaid, will no doubt be red meat for self-described fiscal conservatives and advocates for limited government. Tea Partiers will surely be happy to see such additions and may be more inclined to vote for Romney/Ryan if such language is included in the written part of the campaign.

Sadly though, for anyone who takes the 10th Amendment seriously, who would prefer a return to federalism, such changes are unlikely to come from the GOP. The spirit of this limit on federal power is too often left with the trampled confetti and withering balloons after election day celebrations. If it’s not thrown out completely come inauguration day, the platform is long forgotten, wadded up with the campaign banners and leftover bumper stickers. The only chance it has to see the light of day is when some party intern pulls it from the closet four years later and gets it ready for another hollow convention.

But this isn’t the only reason the progressive left needn’t worry that Mitt Romney is going end Medicaid. In the GOP’s attempt to placate the Ron Paul Republicans, it seems they drafted a rather week plank on the subject, upon closer examination. It reads in part:

We support the review and examination of all federal agencies to eliminate wasteful spending, operational inefficiencies, or abuse of power to determine whether they are performing functions that are better performed by the States. […] We affirm that all legislation, rules, and regulations must conform and public servants must adhere to the U.S. Constitution, as originally intended by the Framers. […] We propose wherever feasible to leave resources where they originate: in the homes and neighborhoods of the taxpayers (emphasis added).

First, any document written for the purpose of rolling back the federal government (that isn’t just a lame attempt at pandering) should do more than review and examine federal waste and abuse. Anyone paying attention knows that all federal programs are rife with waste and abuse – that’s all government programs are!

Second, if a return to constitutional government is really the goal, then it should be well-understood that questions of government are to be made strictly on the letter of the law, not on which agency is better able to perform them. As it stands, the constitution gives no authority to the federal government – none at all – to provide any health services, with perhaps the care of the military as the only exception.

And as for the third point, wherever feasible is the perfect clause from which to renege on the promise of conforming to the constitution. All some committee, special council, or other group has to do is conclude that it wouldn’t be feasible to relinquish state power. Given the massive bureaucracy and entrenched culture of centralized power in Washington D.C., who really expects a GOP administration to carry on with some Jeffersonian overhaul? No one grounded in reality, that’s for sure.

Setting aside the GOP’s infidelity to their platform, and the semantic tricks they play, this debate is still an important one to have. We’re not going to achieve a federal rollback – or even get moving in that direction – without having this debate and winning over a substantial group to tip the balance in our favor. So, for the sake of argument, here is the case for rolling back entitlements and returning to a more decentralized approach.

Millhiser is getting all hot under the collar because he’s afraid the GOP platform fits too closely with a lawsuit challenging the Affordable Care Act. Were this suit to overturn certain provisions of “Obamacare,” he fears it could jeopardize other federal programs, including Medicaid. If Medicaid were to be permanently repealed, argues Millhiser, then 62 million Americans would lose their health coverage.

Though Millhiser doesn’t make the explicit claim here, he alludes to an argument that others on the left frequently rely on: the Affordable Care Act must be constitutional; otherwise it would follow that other federal programs, such as Medicare, would be unconstitutional as well. The question begged here is that national healthcare programs – of any stripe – are themselves in accordance with legitimately-delegated powers. Even a cursory reading of Article 1, Section 8 reveals that no such authority was delegated to the federal government, but this hasn’t prevented the Feds from administering a host of programs they were never authorized to undertake.

Given the situation with entitlement spending Millhiser and others on the Left have no cause for alarm. The GOP is being propped up electorally in large part by a group dependent on Social Security and Medicare, so those programs won’t see voluntary cuts even if Republicans sweep the November elections. Remember, it was a Republican House, Senate, and President that expanded Medicare the last time they had control. No, if any of those programs are to be cut it will be part of an overall default, and no one will be able to control that.

And despite all their rhetoric about Obama being the “food stamp president,” he is so in large part because of the Republicans, who allowed expansions of the program to occur during the Bush Years. The Right is no more opposed to welfare, in practice, than the Left is to war. Don’t think so? Then ask why we aren’t living in a libertarian paradise by now, what with the supposed “antiwar radicalism of Obama and the laissez faire anarchism of Bush,” as Anthony Gregory recently quipped, tongue planted squarely in his cheek.

But returning to Millhiser’s concern over welfare recipients, if we could return to a constitutionally-compliant government, would they be without health coverage? Maybe, but that doesn’t mean they would be without healthcare – there is a difference. Before the federal government became so involved in the medical industry a thriving market existed, which catered to all social strata, such that no significant difference in quality or quantity of medical care existed between wealthy patients or those living in poverty.

Joshua Fulton, writing for the Ludwig von Mises Institute, explains how mutual aid societies provided these crucial services: “Mutual aid was particularly popular among the poor and the working class. For instance, in New York City in 1909 40 percent of families earning less than $1,000 a year, little more than the “living wage,” had members who were in mutual-aid societies.” He continues, noting that membership in lodges offered many with access to affordable life insurance, as well as disability and health coverage.

Under lodge medicine, the price for healthcare was low. Members typically paid $2, about a day’s wage, to have yearly access to a doctor’s care (minor surgery was frequently included in this fee). Non–lodge members typically paid about $2 every doctor’s visit during this time period.

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The reason such mutual aid societies and private social systems aren’t in place, and why prices have ballooned almost beyond comprehension, is because of those very government programs championed by Millhiser and other apologists for the state. Fulton explains how politically-connected competitors colluded with governments to push out the private network of charities and free-market health providers, thus providing the pretext for ever-more intervention into the industry. The very notion of a private, voluntary system is practically unheard of, and demonstrates one symptom of a government-run society that Thomas Woods describes in his book Rollback, namely that government intervention discourages imagination and innovation.

So not only is it the case that Republicans won’t end Medicaid, since there is nothing in their platform or party history to indicate such aims, but supposing they did, it would be a boon for the poor and needy. Once again they could enjoy quality care that was readily available, while everyone – rich and poor – would be free to live their lives without a parasitic class (politicians, bureaucrats, rent-seeking corporatists, and the like) living on the backs of the populace. To this end it is vital we reject the false dichotomy presented by the Left and Right, and nullify those who would force us to live in the dystopian nightmares that are the fantasies of central planners and sycophants.

The post Much Ado about Nothing: The Left Responds to the GOP’s New Platform appeared first on Tenth Amendment Center.

In society, people run across all kinds of bullies.  There’s the traditional bully in grade school who pushes around the smaller kids.   There’s the punk in high school who picks on other people to get his way.  There’s the neighborhood thug or gang member who wants to control the local territory.   There’s the company creep who lies and cheats his way up the company ladder, and the big corporation that intimidates others for its own gain.  And then there’s the government bully.

To me, the government bullies are the worst.

Under the threat of violence, they tell you what kind of light bulb you can buy, what size your toilet can be, what kind of plant you can grow and consume, and what kind of tax penalty you’ll have to  pay for doing absolutely nothing.  They read your emails, monitor your bank accounts, fly drones everywhere imaginable, drop bombs on people around the world and claim the power to indefinitely detain you without due process.

Even the worst bullies in all the other categories can’t get away with these kinds of things on such a grand scale.

These politicians are nothing more than the mafia – with tax revenue to pay their expenses – which actually makes them worse.

Kentucky Senator Rand Paul has written a pretty good book about this kind of power.  It’s appropriately named “Government bullies.”  Here’s a bit from the description:

Government regulations are out of control. They dictate how much water goes into your commode, and how much water comes out of your showerhead. They determine how hot the water needs to be in your washing machine, and how many miles to the gallon your car must achieve. Since the Patriot Act, your banking records, your gun registration, and your phone bill are easily accessible by government snoops. Mothers are arrested for buying raw milk. Families are fined for selling bunny rabbits without a license. Home and property owners are strapped with obscene fines, entangled in costly legal messes, and sent to federal prison, all for moving dirt from one end of their land to another. Unelected bureaucrats, armed with arbitrary rules and no need to back them up, stonewall and attack American citizens at every turn. The damage can be overwhelmingly taxing—financially, emotionally and even physically.

These stories are of everyday Americans badgered and harassed by their own government—the very institution that is supposed to serve us all. This gross breach of our constitution is as frightening as it is real, and GOVERNMENT BULLIES is a call to action against it.

Paul is certainly on the money with these examples.  He shares with us stories of the negative results of unrestrained power – and how limits to that power are absolutely necessary.

That’s why the word “hypocrite” came to mind when I was reading some press releases from the Senator recently.  Here’s what’s going on…

Rand Paul has been making a bit of a PR splash of late by calling for an end to foreign aid to countries like Pakistan, Egypt and Libya.  I absolutely concur with this view.  And not only because I consider such “aid” to be an unconstitutional expansion of federal power, but because the so-called “help” that’s been given to foreign countries over the years always seems to have strings attached.  Or, it comes with a bigger price tag, blowback.

Think about all the “foreign aid” that was once given to Saddam Hussein.  Billions of dollars of money from US taxpayers went to his coffers.  He received weapons, training, and even biological research materials that were used for Iraq’s chemical weapons program.

That didn’t work out too well, did it.  But then again, all those people who are getting rich and powerful off the $1-2 trillion dollars of direct and indirect Iraq war costs are probably cheering this insanity on.

Anyway, back to Rand Paul.

So he’s been pushing hard to supposedly eliminate foreign aid to these countries.  On its face, it sure sounds like a good plan to me.  But, all you need to do is read through his press releases and statements – and not just the subject lines.

Here’s one, for example – from a letter he sent to members of the House:

“I urge you to take immediate action to pass a much-needed bill demanding cooperation and accountability from the countries involved in the recent violence directed at our embassies and consulates.  The bill should send a strong clear message to these entities: You do not get foreign aid unless you are an unwavering ally of the United States.”

hmmmm.  Interesting.  There’s more:

“If Pakistan wants to be our ally—and receive foreign aid for being one—then they should act like it, and they must start by releasing Dr. Afridi.”

Dr. Afridi is the guy who provided intel to the CIA which helped find Bin Laden.  He was arrested, tortured, and treated horribly by the Pakistani government.  I think it’s awful how he’s being treated.

If an American citizen provided another country with intel which resulted in a raid on George Bush’s home, that American would likely get the same treatment – arrest, torture, and a very long imprisonment.

I think it’s the height of hypocrisy for a country that claims the power to torture people, to indefinitely detain people, and to spy on people – to lambast another country for doing the same.

In this equation, the governments of both Pakistan and the United States are enemies to liberty.

And that’s my problem with Rand Paul and his phony opposition to foreign aid.  He’s not opposing it on principle.  Rand Paul isn’t calling for an end to foreign aid.  He just wants other countries to act the way he wants them to act in order to continue receiving your money.  He’s using billions of dollars to pressure weaker countries into acting the way he thinks they should.

To me, that’s the definition of a government bully.

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In fact, that’s exactly what the Federal government has been doing to state governments for a long time.  They take money from you and use that money as a carrot – and a stick – to pressure state governments into doing all kinds of things.   The result?  An almost-complete destruction of the Constitution.

So, what should be done in this foreign-aid situation?  End foreign aid to Pakistan, Egypt and Libya – no matter what they do.  It also needs to be ended to Russia, Israel, Colombia, Kenya, and everywhere else in the world

Like the unconstitutional power to force you to buy a health insurance product, this forced buying of foreign friends needs to end – completely.

If you want to send your money to help other people or causes that fit your personal beliefs and goals – whether in the US or around the world – that should be your decision.  Not Rand Paul’s – and not any politician’s.  Your choice, and yours alone.

The post Government Bullies appeared first on Tenth Amendment Center.

With the June Supreme Court ruling allowing the mandate to continue – and most everything else too – people are trying to focus on just that.  “What should I do to spend my time and resources most effectively?”

Over 50% of the country wants to see it repealed.  Political candidates are basing their electoral success on their position on the law.  And groups are holding educational rallies about what to do next.

Here at the Tenth Amendment Center, we’ve offered our own advice on what to do next.  But we haven’t really addressed some of the other actions people are being encouraged to take.  I figured this was a good time to put together a top-5 list.  But, not of the best things you can do.  Instead, these are the things I think you should avoid supporting most.

Why?  First of all, because they will fail or cause more problems down the road.  And also, since virtually everyone – especially in difficult economic times – has limited time, energy, money and other resources, it’s even more important to spend those resources wisely, and effectively.

With that, here’s my Top 5: How to Fail at Getting Rid of Obamacare

5.  Wait for it to collapse under its own weight.

Some people are under the belief that the amount that Obamacare will cost will result in a failure of the program, or some even believe it could collapse the entire economic system.  So instead of taking an active role in pushing to end it, they’re spending their own time doing personal preparation.  Some sit, wait, and do nothing.  Others buy storable food, ammo, and other things that would be needed under such economic chaos.

I believe the maxim that “things that can’t go on forever, don’t.”  But there are loads of things which can’t go on forever – that seemingly do.  For decades people have said that American foreign policy can’t continue on this path.  It does.  We’ve heard that the Fed can’t keep printing and printing…and printing.  But it still does.  Or that the next violation of individual liberty is going to wake enough people up to bring things to an end.  But yet, Constitutional violations continue, unabated.

Yes, Obamacare is certainly an economic monstrosity.  But waiting for it to fail under its own weight won’t help, even when taking responsible steps for your own emergency preparation.  And guess what.  Tomorrow never comes.

4.  Eliminate it by Executive Order.

While pure presidential power isn’t an extremely common talking point for ridding us of Obamacare, I consider it pretty important to discuss.   The use of executive orders has ballooned in recent years for virtually everything.

Both Obama and his predecessor Bush have made a mockery of constitutional restraint with their use of executive orders.  And of course, both sides of the political aisle make excuses for their president when he’s been in office.  All of this is part of our never-ending path towards an executive dictatorship.

Last fall, Rick Perry made a statement that if he were elected president, on day one he would issue an executive order to eliminate “as much of Obamacare as he could.”

Look, there are many ways that executive action could, theoretically put enough roadblocks in the way to bring the Affordable Care Act to an end.  But, to any constitution-loving person, the idea of a President “eliminating” law by executive order should be considered extremely dangerous.

Here’s the big problem.  If we accept the idea of one person deciding whether or not a law will stay or go, what’s to stop the next president from reversing those decisions.  This would be a temporary band-aid at best.

We need far fewer executive orders.  Not more.

3.  Go Back to the Supreme Court.

Some people – primarily legal scholars and so-called experts – believe that a proper next step is to go back to court.  Yeah, right.  They’ll get to write more articles about it, get more attention on the legal discussion and advance the importance of their profession.

But that’s about it.  The fact remains.  In over 200 years, the constitution-violating men and women in black dresses have overruled fewer than 200 Congressional acts.  I don’t know probability stats, but I’m thinking I have a better chance of getting hit by lightning, twice in one day, than seeing the Supremes strike down this federal act.

2.  Vote the Bums out

Blowhards like Bill O’Reilly tell us that if “Obama goes down, so does the liberal movement in America.”

This one could easily have made #1 because it’s so idiotic and ignorant.  Not only would the current alternative give you much of Obamacare under a different name, but there’s virtually no reason to trust Republicans in general when it comes to eliminating the so-called “liberal movement” in this country.  They have been part of it for a long time.

Republicans gave us the biggest expansion of government-run healthcare in three decades when they passed Medicare Part D under George Bush.  They played a significant role in the new record number of people on food stamps.  And twice this year, they voted to keep the program that gave us Solyndra.

But it’s not just republicans who play this game.  Democrats are equally guilty.  The election of the “peace president” brought us new wars, an expansion of the patriot act, “indefinite detention” and much more.

The bottom line?  Hoping that new bums will kindly reject all the power given to them is not just a bad idea.  It almost never happens.

John Adams agreed on this when he said, simply: “Liberty, once lost, is lost forever.”

1.  Repeal and replace.

I think the phrase says it all.  It should say – repeal and repeal.  Even though I know that federal politicians never follow the rules given to them unless it’s politically advantageous, I happen to like the Constitutional limitations they have.

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Even if Obamacare were repealed and replaced with nothing, there would still be a lot more that needs to be repealed to get even close to the Constitution.

The federal government should not be managing the health care industry.  Period.  It doesn’t matter if that management is done by someone named Obama, Romney, Bush, or Clinton.

I don’t want a new name for Obamacare.  I don’t even want a lesser-Obamacare.  I want the feds to butt the hell out and follow the Constitution.

MOVING FORWARD.

You may not want to take the Tenth Amendment Center’s recommended approach to eliminate the Affordable Care Act, but that’s ok.  If you stay away from these five options, you’ll have a far better chance of avoiding a complete and utter failure.

If you really want to see Obamacare gone for good – and not just a few pieces of it – smash the etch-a-sketch approach.  Stop wasting your time, energy, and financial resources on steps that will either continue the act under a new name, be sure to fail, or continue the expansion of federal power.

The post Top 5 Ways to Fail at Eliminating Obamacare appeared first on Tenth Amendment Center.

“The alternate domination of one faction over another, sharpened by the spirit of revenge natural to party dissention, which in different ages & countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders & miseries, which result, gradually incline the minds of men to seek security & repose in the absolute power of an Individual: and sooner or later the chief of some prevailing faction more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty.” — George Washington, September 19, 1796

The political convention season puts partisan politics on a pedestal for all to see. The Democrats and Republicans both host extravagantly choreographed shows designed to convince America that the other guy is the grossest person in the world, even though the two candidates differ less than 10 percent when it comes to actual policies.

And it works. The majority of Americans define their political ideologies in terms of their party. Republicans swear electing Mitt Romney will “save America,” and Democrats run around claiming that unless Obama gets four more years, America will find itself thrown back into the “failed policies of last century.”

It’s all a load of crap.

No matter which one of these men manages to garner enough votes to enable him to call 1600 Pennsylvania Avenue home for the next four years, the federal government will continue to expand, will continue to grow more intrusive and will spiral deeper into debt.

Yet millions of Americans cling tenaciously to the myths spun by their respective parties.

Take this brilliant comment by Terry.

“People have this bad assumption about big government. I want big government if that big government is supporting and defending our founding constitution and supporting those principles that are the core of our country. Republicans have a tendency to lean toward our founding principles. Big government becomes burdensome and dangerous when in the hands of liberals who seem to consider the constitution only when it serves them to do so.”

Never mind that big government is the antithesis of America’s founding principles. And never mind Terry baselessly assuming Republicans actually consider the Constitution any time other than when it serves them to do so. The very notion that “big government” serves a great purpose as long as “our guy” controls it should send shudders down any thinking American’s spine.

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Of course, Republicans don’t hold a monopoly on blind partisan loyalty. I saw an Obama 2012 sticker on the back of some care with a peace symbol the other day. Yes – nothing says “peace” like blowing up your neighbor with a well-executed drone strike.

This was the kind of mentality George Washington warned about. When we buy into the “our guy’s a saint; their guy’s a devil” thinking, we become willing to place a mantel of power on our guy so he can “get things done.”

Terry and many other people get it wrong on so many levels. But their willingness to place big government power levers in the hands of his preferred party guys poses the greatest danger.

Big government is dangerous and burdensome. Period. And your guy is not a saint. They are all devils.

That’s why we must restrain all of them with the chains of the Consitution – Democrat and Republican alike.

The post Politicians? None of them are Saints! appeared first on Tenth Amendment Center.

And just this last weekend at the Paul Festival, many supporters were freaked out by what people considered a Romney endorsement from Sheriff Richard Mack.

One prominent activist that I hold a great deal of respect for put it this way:

“Well… I guess i needed this weekend to know that i dont belong or fit in anywhere in politics, including the liberty crowd…. Final straw, finding a new way to change the world…”

From charges of the good Doctor getting squeezed out of debate time, to shenanigans in the caucuses, to surprising endorsements of the opposition, to rejecting convention delegates and proposed rule changes that would have made the Republican party an even more centralized power structure than it already is – the frustration level of many of the most dedicated Ron Paul supporters is at a fevered pitch.

I do agree that there’s plenty to be frustrated with, even if the concern of some might be blown out of proportion in some cases.

I was moderately active in the Ron Paul meetup group #1 back in 2007, and felt that – wow, here’s a guy that even if I disagreed with him on something, he’d start and end all of his actions with the Constitution. The same couldn’t be said for a single politician – in my entire lifetime. That – in and of itself – was something worthy of support.

But my dismay started early on – with the direction of “the revolution” as many were already calling it.

I remember watching a short CPAC introduction speech by Jeff Frazee, head of Young Americans for Liberty – a group whose existence was tied to Ron Paul as his message. Jeff got up on stage and proudly proclaimed that “YAL was the country’s top organization of young conservatives.”

Hmmmm. Wow. My gut reaction? Did this dude just change the name of the organization to Young Americans for Conservatism? To me, that’s really all I needed to hear. While I have a great deal of respect for Jeff and the work over at YAL – I don’t particularly want to be part of a movement to expand conservatism, just as much as I don’t want to be a part of a movement to expand progressivism.

I just want liberty.

You see, liberty isn’t about politicians, or political parties, or political ideologies either. Liberty transcends all of it.

But, I digress.

Ron Paul has, all along, considered himself nothing more than a messenger.

“I’m an imperfect messenger, but the message is perfect,” is one of his famous quotes.

But long ago I had to accept the fact that this message – of the Constitution and your liberty – is unwelcome in Washington DC. And I’ve even grown beyond that understanding too. It’s not just unwelcome, there’s unbridled hostility towards it. Just ask a Ron Paul delegate to the Republican convention what it’s like to be blocked, buried and cheated at virtually every turn. That’s not a “you’re not welcome here” message – it’s a “we hate you and never want to see you again” message.

So what’s a good person to do? Ron Paul has certainly stuck to his principles – through attack, ridicule, success and failure. That’s obviously one of the big reasons for Ron Paul’s dedicated support. “He’s the only one with principles,” is something I often hear.

Guess again. Washington DC is overflowing with people who stick to their principles. It’s just that these people have a different set of principles. They are megalomaniacs. They’re thieves. They’re liars. They’re thugs. They’re killers. And they’ve been sticking to their principles for generations.

I would argue that a person of principles – someone who wants to advance the cause of liberty..or any cause for that matter…would do a far greater service to their goals to stay as far away from Washington DC and the national political machine as possible.

That’s why I’ve worked so hard for years now to be a part of a different kind of solution. A new way to change the world.

As the famous philosophical question goes, If a tree falls in the forest and no one is there, does it make a sound?

I like to apply that to other issues too. If the president starts another executive war and no one shows up, will there be any fighting? If Congress passes a law and no one cares or obeys, is it still a law? And if these people keep holding their imperial conventions and we all turn our backs on them – will they really even matter?

Just think about that for a minute. If all the time and effort put into lawsuits over Obamacare was instead put into efforts to nullify it no matter what the federal government people had to say, that so-called law would be dead and gone already. Twenty six states wouldn’t be figuring out the next lawsuit. They’d be resisting.

If all the antiwar activists during the Bush administration had spent time nullifying instead of voting for a peace candidate that bombed Libya (and others), there’d be far less war too. If advocates of gun rights, due process, industrial hemp, free markets, civil liberties, better education – and an endless list of other issues – spent their time, money and energy close to home – with the courage to nullify DC instead of hoping to fix it – we’d all be far better off.

I know Ron Paul revolutionaries have heard about nullification. Ron himself has spoken in support of it a number of times. Tom Woods wrote a book about it and speaks on the subject quite often. The Mises Institute held a course on it. A number of Lew Rockwell columnists have written about it. And my columns have appeared there and on the Campaign for Liberty website too – before they made their big shift.

Liberty isn’t going to come by trying to take over Washington DC, or the republican party, or the democratic party, or your state caucus or a national convention. There is no “lesser of two evils.” They’re all evil.

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Liberty will only advance by rejecting these people and the entire criminal system they’ve foisted upon us.

I want the government people to get the hell out of my life, and the only way that’s going to happen is if we work together to nullify all of them into oblivion. The next step for Ron Paul revolutionaries? If you want liberty – it’s not another political campaign. It’s right here.

Please come home. We’ve been waiting for you!

“I would rather be beaten and be a man than to be elected and be a little puppy dog. I have always supported measures and principles and not men.”
–Davy Crockett

The post A Message to <i>The Revolution</i> appeared first on Tenth Amendment Center.

Well they sure don’t think so!

According to mainstream media reports, one of Barack Obama’s White House spokesmen said this in response to the recent “free speech” trial in Russia:

“While we understand that the group’s behavior was offensive to some, we have serious concerns about the way these young women have been treated by the Russian judicial system.”

Ok, so let me get this straight.

The leadership of the country with the most people in prison -anywhere on Earth other than North Korea – is lecturing another country about their judicial system?

Barack Obama, who last winter signed the 2012 NDAA authorizing nothing less than government-sanctioned kidnapping, is in favor of fair trials?  Maybe so, when he even allows his enemies to get a trial.  In the United States, if someone did what the Russian protest musicians did, they could have been declared “terrorists,” and thrown in prison forever, without charge, without representation, without trial.

So who the hell is he to lecture anyone about how a judicial system treats human beings?

The Russian leadership is filled with criminals, and their judicial system is extremely corrupt.  Defense lawyers were barred from calling most of the witnesses they wanted, including experts and some eyewitnesses, even as prosecutors were allowed to call witnesses who had seen the Pussy Riot performance only on video.

But here in the “land of the free,” things are even worse.

Barack Obama’s attorneys, in a recent court hearing on the NDAA, once again refused to assure the court that indefinite detention powers have not been used by the US government – even after Judge Forrest’s injunction against it.

Is a show trial worse than no trial at all?  Absolutely not. At least a show trial allows the world to see the corruption.  In Barack Obama’s America the government people are so corrupt they prefer secrecy.  They claim the power to take you off the street without anyone ever knowing it.  Have things gotten that bad?  With this recent court refusal, you’ll never know for sure.

What we do know for sure is that they have no problem arresting people without trial – at all.  Even though he’ll eventually get one, Bradley Manning has been incarcerated for over two years without trial.  And just this week, Brandon Raub was arrested for facebook posts – and forcibly sent to a psychiatric hospital without due process or even an attorney.

With tens of thousands of drones set to start monitoring Americans’ every move, the TSA violating the 4th amendment on nearly 2 million people every single day, mass ammunition purchases by even the Social Security Administration – and much more – the American government is the height of criminality.

For Obama’s spokesman to lecture the Russian government is sad, sick joke.  That would be like John Gotti complaining about the crimes of Al Capone.

Look, I don’t trust these people.  Any of them.  They’re all criminals, in my opinion.  But, you know what?  It’s the American government which which might be the most dangerous in the world.

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I don’t want them telling me what size my toilet should be or what kind of lightbulbs I can buy.  I don’t want them controlling my health care, my education, my retirement, or anything else.  I don’t want their taxes, or their inflation, or their funny money either.  I don’t want them to try to fix the environment or car companies so incompetent that they should be out of business.  I don’t want them sending guns to cartels across the border or to their so-called allies overseas either.  I don’t want them invading my neighborhood and shutting down businesses for selling a plant they don’t approve of or a type of milk they don’t like.   I don’t want them invading anyone at all.

Instead of violating rights at home and interfering with the lives and liberty of people around the rest of the world, the American government would serve a much better purpose to follow the Constitution – and butt the hell out.

Will it happen?  Without a completely different way of dealing with them – never.

The post Land of the Free? Absolutely Not. appeared first on Tenth Amendment Center.

Charles in Texas had this to say:

“If Barack Obama is elected for another term, the 10th Amendment will be obliterated.”

We recently posed this question to a number of supporters – “On a scale of 1-10, how would you rate Mitt Romney on adherence to the Constitution”

Janice in Georgia responded with this:

“And the point is? We r getting close to nov election & must fire Obama! Get it? You better!”

And finally, Mathis in South Carolina didn’t even beat around the bush, for lack of a better term, when he responded with this:

“Bring Back George Bush!”

Mathis, you either hate the Constitution or have no idea what it says. Until we got the current criminal in chief, Bush was quite possibly the Constitution’s greatest presidential enemy in history.

Charles…are you, what…five years old? Or maybe you just woke up from some kind of time-traveling coma. I don’t know. But, to think that Washington DC has respected any limits on its power in recent years, is pure blindness. The 10th has been obliterated for decades.

Janice, I don’t even know where to start with you. If Constitutional adherence is of no point to you, then Barack Obama should be just fine and dandy.

And to all of you – and everyone else of this kind of viewpoint – things didn’t get bad when Obama got elected. Obama got elected because things already were bad.

ALREADY THERE

For decades – and decades – people in this country have turned a blind eye to violations of the Constitution. They’ve allowed politicians of their favorite political team get away with things so the other team wouldn’t win. Or, they’ve allowed new program after new program to begin – in order to fend off some great, scary emergency.

The result of this has not been good. Why? Because politicians should never be trusted.

When you allow politicians to break the rules given to them, or even allow them to simply bend those rules, and you allow them to do it for years without punishment – eventually you’ll end up with politicians who feel that the rules don’t apply at all.

So, let me break it to you. We’ve been there for quite some time already.

Look, I’m not going to get into reciting a list of Constitutional violations by every modern president – that list would be far too long for any human to read. Instead, I’m going to share with you a personal thought – who’s fault is all this?

THE POLITICAL TEAMS

Amongst presidential voters in this country, there are two main teams.

There’s the people who claim to believe that government does a good job at improving society. This team scares people into believing that if the federal government doesn’t run your life, your world could collapse. These folks rarely spend time talking about Constitutional limits on power. Obviously. We’ll call this the Blue Team.

Then there’s the people who claim to believe that massive federal power is a bad thing. This team often talks about limitations on federal power. They praise politicians who talk about the Constitution, and regularly cite the principles of the founders to back their views up. We’ll call this the Red Team.

These days, the Blue Team votes for Barack Obama. Even though many people on that team are in favor of ending wars, opposed to the Patriot Act and indefinite detention, and find the escalating war on marijuana to be reprehensible – they’ll still vote for Obama. He’s on their team after all.

And, the Red Team these days votes for Mitt Romney. This is the guy that’s supposed to be leading the team that’s in favor of the Constitution. But, maybe that’s not really the case. The word “constitution” barely appears on Romney’s campaign website. The only issue where he makes any reference to it is in regards to the Courts. And there, he makes this statement:

“The job of the judge is to enforce the Constitution’s restraints on government and, where the Constitution does not speak, to leave the governance of the nation to elected representatives.”

Skipping over powers reserved to “the states, respectively or to the people”- it sounds to me like Romney has rewritten the 10th Amendment to read something like this:

“The powers not delegated to the United States by the Constitution, or spoken of in the Constitution, are reserved to Congress.”

Both teams have grown the federal government far beyond anything authorized by the Constitution. It doesn’t matter if it was due to a defensive strategy, or actually cheering things on, or just complete and utter ignorance about what the Constitutional limitations are. The end result is the same. The Constitution – and the 10th Amendment – have been obliterated for decades.

But I digress.

OUR DISEASE

People like Obama, and Romney – and Bush and Clinton. They’re all extremely bad. But they’re not the disease. And merely voting one out for the other has not been our cure either. These people are merely symptoms of our disease.

Think of it this way. You open a business that makes and sells cookies. In your hiring process, you probably won’t get too many lawyers or engineers applying for a job to bake the cookies. Instead, you’ll mostly get people who love to cook.

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For decades, the People of this country have allowed federal power to grow unabated – and many have even asked for it too. So what kind of people do you think would apply for a job leading Murder, Incorporated?

You got it – people who love power – and not your humble, friendly neighbor. Or even the jerk who lives a few doors down. Those are normal people. Only megalomaniacs want to steer the ship of the most powerful government in history.

If you want to know how we got into this mess. Look in a mirror. Until people change their line in the sand, things will never change. Today, people everywhere have a line in the sand – but on one side there’s a red team and on the other is a blue team. Like Barack Obama and Mitt Romney’s campaign websites, the Constitution is rarely – or ever – even mentioned.

What is needed a new line in the sand. On one side of that line is the Constitution, and on the other side – the type of government this country has had for a long time.

For me, there’s no team. And there never will be. There’s only one thing that matters – the Constitution. Every issue, every time. No exceptions, no excuses.

The post Curing the American Disease appeared first on Tenth Amendment Center.

Mr. Chairman and Members of the Committee, My name is Rob Gray and I was asked to testify today on the theory of competing currencies, and the practical challenges that make such a theory difficult or impossible to implement.

For nearly 5 years now, I’ve successfully directed the American Open Currency Standard – the standard for private voluntary and complementary currencies that compete against each other, not against the US dollar.

Allow me to clarify: we do not consider AOCS Approved medallions produced and traded in our private barter marketplace ‘competition’ to the US Federal Reserve Note. Because “fair competition”, as one would find in the “free market”, assumes the existence of a level playing field, the existence of a standard set of rules. Those players who wish to compete honestly do so by relying simply on the merit of the value they bring to the market.

No fair challenge can be made between honest men and thieves. Let me be clear that when I say thieves: I refer to the current private central bank and the men in government who allow it to exist.

This brings us to a critical point: according to your Employee Handbook, Article 1, Section 8 says: “The Congress shall have the Power …To coin Money, regulate the Value thereof…”. For anyone who has been a manager or business owner, it is not uncommon to find that you may have an employee who may choose to not do the work that is delegated to them, or even that they simply do it very badly. When such a time comes it is necessary for the manager or owner to step in and do the work themselves.

I would argue that since 1913, Congress has failed to do the job with which it had been tasked. We the people are now bypassing you and are no longer waiting for you to make it right. It is far better to simply walk away from the system. We are walking away from toxic thoughts, relationships, investments and careers. We are taking the hard intellectual journey to rid ourselves of the indoctrination that keeps us in this system. We are realizing the power we have in ourselves and the everyday choices that we make to either empower some soulless collective or our own families. We are realizing that we simply need to withdraw our time, energy, and money from banks, politicians and corporations that do not serve our interests.

In the time since our inception, the American Open Currency Standard has enjoyed nearly five years of growth and success in our mission of issuing a means that allows valuable exchanges among men who produce. In the next five years, we expect to expand our offerings and to increase our ability to keep up with the demand for our private currency. We are doing the job Congress would not.

The use of community currencies here in the US became popular back in the early 1930’s. You see, at the time, the theory was that a group of the world’s most powerful men, many of them international bankers, were intentionally and systematically removing currency from circulation, creating an artificial scarcity of money across America. Small cities and towns felt it worse than anyone. But life did go on.

Then, during the greatest economic depression this country had ever seen, individuals across this country developed their own mediums of exchange. They still needed things – food, clothing, daily essentials – they still needed to live, and they didn’t have time to wait for the government to fix the problem, and they certainly weren’t going to rely on the same bankers that caused the crash to offer solutions. And so, according to historical records, thousands of community currencies were created, circulated and traded in places where the scarcity of dollars was interfering with the human desire to live, and the market’s desire to trade. And since their elected employees were not doing the job for which they were hired, these individuals took it upon themselves to secure the means to their own survival and potential prosperity.

More recently, community currencies have sprung up across Europe as the Euro and national fiat currencies become increasingly unavailable and undependable. Today, communities all across the Eurozone trade their own money instead of the Euro.

Community currencies are not simply a good idea in theory; they are necessary, alive, and true examples of the free market’s unwillingness to be artificially manipulated. Right now alternative and complementary currencies circulate widely across this country and in many different forms: Ithaca, New York uses a local fiat currency based loosely on the value of time; Berkshire, Massachusetts uses a fiat-backed fiat system, while many more communities circulate gold, silver and copper AOCS Approved barter tokens as a medium of exchange. How they are issued, accepted, accounted for and reported varies widely, as the participants and procedures are as different as the markets they serve.

As for practical issues to overcome in the issuance and circulation of complementary currencies, there are plenty. In a voluntary system, those that participate in the trading of private currencies must deal with the possibility of counterfeiting, fraud, scarcity, acceptance, accounting, storage and other issues, all without the luxury of big brother holding a gun to anyone’s head to ensure their success.

Even with all the risks, the market moves on. As in any free market, good ideas circulate with success, and bad ones eventually fade away. Participants voluntarily choose to accept and circulate the highest quality and most valuable currencies in exchange for their best production. Merchants accept complementary currencies based on the premise that someone else is willing to do the same later. Issues arise and are worked out by the market with only one light to guide them: the mutual exchange of value. No guns, no laws, no force: just the willingness to think outside the box and act on principle.

Complementary currencies are not new, in theory or in practice. Further, private currencies circulated long before governments erected themselves to interfere. What’s new, however, is the public’s apathy towards you and your policies. You’ve managed for the last hundred years somehow to convince the citizenry that you’re relevant. Now, just recently, we’re beginning to see the tides change on this. And once it catches on, you’ll be rendered completely obsolete.

The greatest hurdle you will face over the next few years is trying to convince “we, the people” that you are still necessary in spite of your failures to get the job done. Sure, some will continue to rely on you for hand-outs; it’s what they’ve known their entire lives and they will be slaves right up and to the point of their own destruction. They don’t know any better and I don’t blame them for their ignorance.

But as you continue to squeeze the life out of the middle class, watch out for their greatest weapon: apathy. They may not be ready to admit it, but soon they’ll turn their backs on you and never believe another lie – the lie that you are willing and able to do the job for which you were hired. In the future you will not have to worry about million man marches or citizen journalists trying to catch you on camera. What you need to fear is no one paying attention to you.

The next American revolution will not be fought with bullets and bombs; it will be won with the opposite consciousness.

“It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning.”
~Henry Ford

To that end, I’m here today to propose a solution. My understanding of this subcommittee is that you desire to be part of the solution. You want to believe you’re doing something good for the country. Today, the greatest gift you can offer to the people you clearly represent is to introduce, not to the legislature but directly to the public, what I call IR 1207 – Individual Resolution 1207 – commonly referred to as ‘Ignore the Fed’.

Store your wealth in silver. Bank with a non-fractional bank that pays real money on deposits. Use the card services network to satisfy dollar obligations. Do not try to compete with the federal reserve system: ignore them. This country has succeeded in doing away with two central banks already over the course of its history – it is learning to do the same again.

Congressman Paul: on July 13, 2011, you asked Federal Reserve Chairman, Ben Bernanke, a question: ‘Is gold money?’ I ask that same question of you here today: is gold money? Is silver money? They most certainly are not. At least not by the current definition as handed down by Congress’ money-issuing surrogate, the Federal Reserve. And that’s just fine.

I respectfully petition you, sir, to seriously reconsider your position on this matter. The government has perverted the word money. My wife is a nutritionist, and she tells people, ‘If your grandparents wouldn’t recognize it as food, don’t eat it.’ I suggest to you that if your great-grandparents wouldn’t recognize it as money, don’t accept or spend it.

A great philosopher once said “When destroyers appear among men, they start by destroying money, ….” Today, conventional wisdom tells us that money is a worthless pile of paper. And for the last 100 years Congress has for a third time (again) shunned its responsibility when it comes to issuing money. Since the creation of the Federal Reserve and Congress’ abdication of their responsibility, the dollar has lost 98% of its value. I don’t suspect anyone would call that stellar job performance. I must be blunt and say that, as employees, Congress, you have not been successful in your charge to “…coin money and regulate the value thereof…” and therefore your services in this area are no longer needed. It is sad that even the men and women in this chamber either do not understand the system they serve or are so dependent upon the system’s favors that they dare not speak in opposition to it.

“It is difficult to get a man to understand something, when his salary depends upon his not understanding it!”
~Upton Sinclair

I ask you to leave the Fed their money and leave the people our silver, gold and copper. Do not push to redefine whatever representations we choose for our wealth as ‘money’. Let the Fed do what it wants with their ‘money’, so long as they leave us alone. I warn you: ‘honest money legislation’ is a wolf in sheep’s clothing. The record of Congress over time has proven that it will make a miserable failure of this aspect of human survival as it has so many others.

The greatest thing this Congress can do is exactly what you’ve done so far: nothing.

“The nine most terrifying words in the English language are, “I’m from the government and I’m here to help.”
— Ronald Reagan.

I will not facilitate this government to “help” understand, control and ultimately destroy alternative currencies. All I ask is that you stay out of our way. The people in our world are happy to go right along saving you from your own destruction by producing value against all the odds, regulations, codes, and challenges thrown our way. But leave our money alone. It doesn’t belong to you, and it never will.

If you really want to help, I would recommend that instead of trying to DO something, you could start by undoing some things. But that list is far too long for me to get into here today and as a responsible employer, I’ll allow you some room for creativity.

One last thing I would like to leave you all to ponder…

How is it possible for every single person in the world to be in debt with credit card debt, student debt, consumer debt, auto debt, and mortgages?

How is it possible that every small business and corporation in the world is also in debt?

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And finally how is it possible that every single local, county, province, state and nation on earth is also in debt?

Who owns the other side of that debt?

When you understand that, maybe just maybe, something positive will come out of this chamber.

The bottom line is simple: humanity is not going to wait for permission to survive. Things that cannot go on forever… won’t. The market will move on – with or without you. And, based on your rate of success to date, our preference is without you.

I thank you for your attention to this matter of life and death.

“There are thousands hacking at the branches of evil to one who is striking at the root.”
-Henry David Thoreau

The post Dear Congress: Get out of the Way! appeared first on Tenth Amendment Center.

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Today, Paul Krugman decided to give us his wisdom on the subject of nullification – by saying almost nothing at all. In a short blog post, linking to a “report” by ThinkProgress, he notes – laughingly – that a Senate Candidate in Texas supports the idea of states nullifying acts of Congress. He doesn’t say a thing about nullification, but he’s obviously brushing it off as idiotic. As Tom Woods wrote on his blog today, “Paul Krugman thinks the idea of state nullification of unconstitutional laws is so self-evidently stupid that he doesn’t even need to offer an argument against it.”

Digging a little deeper – just a little, mind you – you’ll see that the ThinkProgress article he linked to was referring to Ted Cruz, who had a proposal where two or more states could work together to refuse compliance with the Affordable Care Act. Not outright nullification, but we certainly know that non-compliance in large numbers can in fact nullify a federal law.

ThinkProgress, the well-funded liberal blog which was vehemently anti-war while Bush was in office (now they don’t seem to think foreign policy is worth much of their time), has an interesting relationship with such nullification actions taken by the states. They turn a blind eye to them when Republicans rule in Washington. They sometimes give the image of cheering such efforts when politically popular. They attack and denigrate them when Democrats rule in Washington or when they oppose favored policies. And when they see nullification efforts getting popular among their own supporters, they simply freak out. All in all, these people, led by the crackpot pseudo-expert Ian Millhiser, are promoting an extremely dangerous view of how this country should be run.

Millhiser tells us that the Supremacy Clause provides that “Acts of Congress “shall be the supreme law of the land,” and thus cannot be nullified by rogue state lawmakers.” In other words, Congress passes a law, the President signs it, and it’s a done deal. Anything and everything is somehow authorized by the Constitution. But that begs the question. If the federal government can do anything it wants, why even write a Constitution at all? Here, Millhiser makes an argument that is so silly that it’s not worth my time. On top of it, his view of the supremacy clause is totally wrong. He knows it. He’s just counting on his readers not reading the clause, like Brion Mclanahan did.

STATE NONCOMPLIANCE

In 2005, the Republican Congress and the Bush Administration gave us the privacy-invading, state-commandeering, constitution-violating Real ID Act. In much of the country today, while the law is still on the books in congress and has never been challenged in court – it remains null and void. Why? Because of mass state noncompliance with the act which has led to its de facto nullification.

Did ThinkProgress have anything negative to say about such efforts? If they did, it sure wasn’t as prominent as their attacks on those who seek to nullify the federal health insurance mandate, or federal light bulb standards. Millhiser said that the embrace of nullification in those areas “threatens the very union itself.”

Isn’t it odd, then, that we didn’t hear a peep from TP about “threats to the union” when they reported on a Democratic governor nullifying the Real ID act in 2007? Here’s all they had to say,

Montana Gov. Brian Schweitzer (D) said “no, nope, no way, hell no” Tuesday to helping create the first national identifcation cards, signing into law a bill that blocks the state from complying with the REAL ID Act.

The articles linked in that brief report were to those supporting the nullification effort. The first was to an article from the editors of the Daily Kos, praising the Democrat for refusing to comply with the federal law. And the other to the ACLU’s Real ID website highlighting state resistance – and encouraging more widespread non-compliance.

If ThinkProgress were intellectually honest, they would’ve followed that up by saying things like – “The Governor of Montana just took the wildly dangerous and unconstitutional view that his state can somehow pick and choose what federal laws they want to obey.”

But they aren’t and they didn’t.

Even after Barack Obama got into office, TP continued to report on state nullification of the Real ID act – without a single negative word about it. In September 2009 Andrea Nill Sanchez reported that “at least 15 states have passed legislation blocking the implementation of REAL ID.” She somehow “forgot” to mention how dangerous state nullification was that time too.

In June of this year, Think Progress posted a report on how seven more states may legalize medical marijuana In 2012. With 17 states already directly defying federal marijuana law, you’d think that this article would’ve been an urgent alert informing readers how such state defiance on federal drug policies was akin to South Carolinians who supported slavery in 1865.

But of course, it wasn’t. It was supportive of the state nullification proposals – on weed.

I also didn’t notice any scathing attacks from ThinkProgress when Krugman’s own New York Times editorial board championed a medical marijuana law in New York last summer. And no, Krugman didn’t put out a short blog post talking about how his employers at the Times had lost all touch with reality by supporting a measure that violates federal law.

And just yesterday, Tara Culp-Ressler reported that Arizona Governor Jan Brewer will continue to implement her state’s medical marijuana law regardless of its split with federal policy. But did Tara attack Brewer on marijuana policy like Ian did when Idaho Governor Butch Otter signed an executive order to refuse compliance with the medicaid provisions of the affordable care act? Of course not.

With that act of defiance Ian told us that the Idaho governor “has endangered the health of over more than 200,000 Idahoans and forced financial ruin upon his state.

OBEY. JUST OBEY!

The message from ThinkProgress? Obey. Or people will die. And the economy will crumble. These people sound like George Bush – let me spy on you and wage war around the world, or your safety is in danger.

I’m amazed that people still fall for this nonsense.

So what’s the practical result of what Krugman, Millhiser and the rest of the ThinkProgress team are telling us today? If you take it to it’s logical conclusion – which isn’t too far-fetched with Obama’s new NDAA “indefinite detention” law – the nearly 1 million who currently purchase marijuana under state law and in defiance of federal law, should be rounded up.

Such a move doesn’t appear to be that far off. Millhiser is now taking the position that there is “simply no question” that federal marijuana laws are constitutional. And, that citizens in states with marijuana laws are still required to follow them.

The only question that remains for Ian – how do you plan on fulfilling this requirement? Don’t be surprised when ThinkProgress starts pushing for federal agents to raid the homes of cancer patients – because they are, after all, helping nullify federal law.

A BETTER PATH

In 1963, Dr. Martin Luther King Jr. gave a us better idea. In his “Letter from Birmingham Jail” – while denouncing the Alabama Governor for wrongly using nullification to continue the horrible practice of racial segregation – he taught us that tyranny is tyranny even when it’s “law” – and that such “laws” need to be defied. He wrote:

One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with Saint Augustine that “an unjust law is no law at all.”

But according to our friends at ThinkProgress, all federal laws are supreme, and we can’t pick and choose which ones we want to follow. It’s up to our corporate-backed political overlords in Washington DC to do that for us.

Millhiser, Krugman, and the rest – they represent a wildly dangerous view of the constitution, and of society in general. They disagree with Dr. King that people can decide on their own what is “law” and what is tyranny. And they agree wholeheartedly with killers like Mao and Stalin – and modern ones like Bush and Obama – that there should be a “decider” ruling over us.

With these views in mind, I guess Millhiser would’ve arrested Rosa Parks too.

The post Krugman, ThinkProgress. As Dangerous as it Gets appeared first on Tenth Amendment Center.

Louis T. McFadden led efforts in the 1930s. Wright Patman pressed again in the 1970s. Henry Gonzalez got things moving in the 1990s. And, Ron Paul has led the charge for more than twenty years now. In nearly eighty years, though, none of these efforts have succeeded.

And, even with House passage of Ron Paul’s Audit the Fed bill earlier today, it’s highly unlikely that the imperial Senate would ever allow light to be shed on the actions of its financial backer. Resistance to these efforts is seriously entrenched.

But yet, a large number of people across the political spectrum want to know what goes on behind the Fed’s curtain. And with calls to audit the federal reserve reaching a fevered pitch, it’s a good time to ask the basic question – is this even a worthy effort?

Not to say that you should want a secret national bank, but rather – is this kind of activism the best place for you to put your energy…and hope? Will lobbying the Senate get Harry Reid to allow a vote? Will calling Mitch McConnell change anything? Will Barack Obama or Mitt Romney allow such a bill to pass without their veto?

I believe the answer to all these questions is a big, fat NO.

PULLING THE RUG OUT

On the other hand, in contrast to attempts to put a stop to the Fed at the national level, a paper that William Greene presented at the Mises Institute’s “Austrian Scholars Conference” proposes an alternative approach to ending the Federal Reserve’s monopoly on money. The “Constitutional Tender Act” is a bill template that can be introduced in every State legislature in the nation. Passage would return each of them to the Constitution’s “legal tender” provisions of Article I, Section 10:

“No State Shall…make any Thing but gold and silver Coin a Tender in Payment of Debts”

Such a tactic would achieve the desired goal of abolishing the Federal Reserve system by attacking it from the bottom up – pulling the rug out from under it by working to make its functions irrelevant at the State and local level.

Under the Constitutional Tender Act, the State would be required to use only gold and silver coins – or their equivalents, such as checks or electronic transfers – for payments of any debt owed by or to the State. This includes things like taxes, fees, contract payments, and the like.

All such payments would be required to be denominated in legal tender gold and silver U.S. coins, including Gold Eagles, Silver Eagles, and pre-1965 90% silver coins. The market would then require that all State-chartered banks – as well as any other bank acting as a depository for State funds – offer accounts denominated in those types of gold and silver coins, and to keep such accounts segregated from other types of accounts such as Federal Reserve Notes.

But that’s not all! Not only would the use of Federal Reserve Notes by the State be made illegal; the use of legal tender U.S. gold and silver coins would be encouraged amongst the general population too – by eliminating sanctions against its use.

HOW IT PLAYS OUT

Passage of the Constitutional Tender Act would introduce currency competition with Federal Reserve Notes by outlawing their use in transactions with the State. Ordinary people, being required to pay their State taxes in gold and silver coins, would find it necessary to conduct some transactions with metal – including the use of checks and debit cards based on bank accounts denominated in such coins

All businesses operating within the State, being required to pay their State sales taxes and license fees in gold and silver coins, would need to do the same. Most importantly, though, in order for businesses to acquire the amount of gold and silver needed, they find it necessary to offer their goods and services in “dual currency” denominations, where customers could choose to pay in Federal Reserve Notes or gold and silver coins.

This kind of “bottom up” approach to ending the Fed will have a greater likelihood of success than the “top-down” approaches we’ve seen over the years for two major reasons:

1. The top-down approach has been an utter failure. While it has succeeded greatly in an educational role, it has simply not worked tactically.

2. It’s decentralized. Political opposition won’t be as strong or well-funded on a state level. Strategies and tactics can be adapted much quicker. And, most importantly, success in one state can be a far greater educational tool – and a source of courage – for people of a neighboring state, than endless calls to a Congress which almost never does what’s right.

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BYE BYE

Greene tells us that use of sound money would drive further use. He writes:

“Over time, as residents of the State use both Federal Reserve Notes and silver and gold coins, the fact that the coins hold their value more than Federal Reserve Notes do will lead to a “reverse Gresham’s Law” effect, where good money (gold and silver coins) will drive out bad money (Federal Reserve Notes). As this happens, a cascade of events can begin to occur, including the flow of real wealth toward the State’s treasury, an influx of banking business from outside of the State – as people in other States carry out their desire to bank with sound money – and an eventual outcry against the use of Federal Reserve Notes for any transactions.”

Once things get to that point, Federal Reserve notes would become largely unwanted and irrelevant for ordinary people. Nullifying the Fed on a state by state level is what will get us there.

Without a single act of Congress, the Federal Reserve system can be brought to its knees.

EDITOR’S NOTE: Get the model legislation, the Constitutional Tender Act, HERE. Read William Green’s full Scholar’s Conference paper HERE.

The post End the Fed! Whether Congress Wants us to or Not! appeared first on Tenth Amendment Center.

His reasoning?

The federal government might be mean to us.

He came up with a litany of actions the feds might take. They could yank all of the state’s funding. That would mean no more roads or schools! They could stop paying benefits to people living in the state and create a rebellion of dependent people. They could virtually quarantine and isolate the state until it complies. Heck, they could even roll tanks into the streets!

OK, he didn’t include the tanks, but I honestly think that was in the back of his mind. The caller was clearly in awe and scared to death of the federal government. He wasn’t about to risk its wrath for something as trivial as stopping them from cramming a one-size-fits-all health care system down 300 million American throats.

At the time, I tried to convince the caller that the feds wouldn’t dare retaliate in that manner. It would prove politically suicidal.  I argued the feds would likely back down, especially if a bunch of states nullified. That was, after all, Madison’s viewpoint.

Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.

But when I thought about it later, I had to concede the caller had a point. The feds might well retaliate. They could certainly yank funding. They could conceivably tell the “rebellious” states they weren’t providing any more federal assistance. Heck, if things got really crazy, the feds could even roll in federal agents, arrest state legislators and declare martial law.

Would they?

Probably not.

Could they?

Certainly.

On paper, the federal government could crush any state, or even a number of states united in opposition. It is big, powerful and overbearing.

So was England in 1776.

In fact, England arguably stood as the most powerful nation on the planet at the time. It was said “the sun never sets on the British Empire.” Her navy ruled the seas. Her army could turn vast fields into a sea of red. She wielded enormous economic power. And she held the colonies tightly under her thumb.

But that didn’t stop the Americans from looking the British square in the eye and declaring, “We will live as free and independent people!”

The colonists valued liberty more than security, especially a false security under a despotic and tyrannical ruler who refused to respect any limits on his own power. I’m certain more than one hand trembled as it gripped a quill pen and inked a name on the Declaration of Independence. Those men must have felt the icy fingers of fear as they boldly pledged their lives, their fortunes, and their sacred honor.

And this guy is afraid the feds might yank some funding.

Wow.

At some point, you must face down a bully. You can only let him take your lunch money for so long. If you continue to allow him to dominate you, he will take more and more and more. At some point, you’ve got to punch him in the nose.

Yeah, he might punch you back.

You know what? Then it’s on.

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The U.S. federal government thinks its power unlimited. The feds believe they can control any and every aspect of your life. If they can’t directly control it, they will tax you into submission. The general government has no respect for its constitutional boundaries and mocks the states that created it – the states it was meant to serve, not lord over. The Supreme Court decision legitimizing the insurance mandate… I mean penalty – err, tax – should prove to everybody once and for all that the feds will never limit the power of the feds. Washington D.C. won’t fix the problem that is Washington D.C.

The states must stand up and do their duty. They must interpose to halt the progress of evil. Nullification IS the rightful remedy. Not a rebellion, but a legitimate check on federal power.

We simply cannot live in fear. If we do, we will live in chains.

On Aug. 1, 1776, Samuel Adams delivered a speech at the State House in Philadelphia. He offered a message for those who would shrink in fear.

“If ye love wealth better than liberty, the tranquillity of servitude than the animating contest of freedom, — go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!”

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Unfortunately, July 4th has become a day of deceit.

On July 4, 1776, the Continental Congress formally declared its independence from Great Britain. Thirteen years later, after a difficult war to secure that independence, the new country was open for business.

It was truly unique – the first nation in all of history in which the individual was considered more important than the government, and the government was tied down by a written Constitution.

It was the one nation where you could live your life secure in the knowledge that no one would ask for your papers, where you weren’t identified by a number, and where the government wouldn’t extort a percentage of your income as the price of holding a job.

And so each year July 4th has been a commemoration of the freest country in history.

False Celebration

But the America that’s celebrated no longer exists.

The holiday oratory deceitfully describes America as though it were the unique land of liberty that once was. Politicians thank the Almighty for conferring the blessings of liberty on a country that no longer enjoys those blessings. The original freedom and security have disappeared, even though the oratory lingers on.

What made America unique is now gone, and we are much the same as Germany, France, England, or Spain, with:

• confiscatory taxes,
• a Constitution and Bill of Rights that are symbolic only – merely documents used to justify governmental actions that are in fact prohibited by those documents,
• business regulated by the state in the most minute detail,
• no limits on what Congress or the President might decide to do.

Yes, there are some freedoms left, but nothing like the America that was and nothing that you can’t find in a few dozen other countries.

The Empire

Gone, too, is the sense of peace and security that once reigned throughout the land. America, bound by two huge oceans and two friendly neighbors – was subject to none of the never-ending wars and destruction that plagued Europe and Asia.

Now, however, everyone’s business is America’s business. Our Presidents consider themselves the rulers of the world – deciding who may govern any country on earth and sending Americans to die enforcing those decisions.

Whereas America was once an inspiration to the entire world – its very existence was proof that peace and liberty really were possible – Americans now live in fear of the rest of the world and the rest of the world lives in fear of America.

The Future

Because the education of our children was turned over to government in the 19th century, generations of Americans have been taught that freedom means taxes, regulations, civic duty, and responsibility for the whole world. They have no conception of the better life that could exist in a society in which government doesn’t manage health care, education, welfare, and business – and in which individuals are free to plot their own destinies.

Human beings are born with the desire to make their own decisions and control their own lives. But in most countries government and social pressures work to teach people to expect very little autonomy.

Fortunately, in America a remnant has kept alive the ideas of liberty, peace, and self-respect – passing the concepts on from generation to generation. And so today millions of Americans know that the present system isn’t the right system – that human beings aren’t born to serve the state and police the world.

Millions more would be receptive upon being shown that it’s possible to have better lives than what they’re living now.

Both groups need encouragement to quit supporting those who are taking freedom away from them.

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You and I may not have the money and influence to change America by ourselves, but we can keep spreading the word – describing a better society in which individuals are truly free and government is in chains (instead of the opposite).

And someday we may reach the people who do have the money and influence to persuade tens of millions of Americans to change our country for the better.

I don’t know that it’s going to happen, but I do know it’s possible. I know that the urge to live one’s own life is as basic in human beings as the will to live and the desire to procreate. If we keep plugging away, we may eventually tap into that urge and rally the forces necessary to restore the real America.

And then the 4th of July will be worth celebrating again.

Harry Browne (RIP 1933-2006), the author of Why Government Doesn’t Work and many other books, was the Libertarian Party presidential candidate in 1996 and 2000, a co-founder of DownsizeDC, and the Director of Public Policy for the American Liberty Foundation.  See his website.

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This week, two state laws were declared unconstitutional by the Supreme Court – Montana and Arizona – while the Affordable Care Act ruling due tomorrow could do the same.

Or, maybe it won’t.

But does it really matter in the long run?

We’ll get back to that question in a bit.

THE SUPREMES LOVE THE FEDS

But first, the so-called states’ rights supreme court.  One of the rallying cries we’ve heard in recent years has gone something like this:

“The Supreme Court is getting filled with people who believe in old Constitutionalism – that most of the “progress” since the new deal violates constitutional limits, and must be overturned.”

But, if there’s one thing we actually learned from this week’s Supreme Court decisions so far, it’s that the court takes the opposite view – that the maintenance of federal power over the states is the primary goal.  Keeping the status quo – where federal law is always considered supreme – takes precedence over Constitutional originalism, and possibly even personal political views.

In the campaign finance case, the Supreme Court ruled that the Citizens United decision trumped state laws – like Montana’s – putting restrictions on corporate money in political races. It decided that individual states don’t have the ability to craft their own campaign-finance laws that contradict Citizens United, even – it appears – if those laws are for state and not federal races

In the ruling on the Arizona immigration case — which struck down three parts of that state law, but kind of upheld the “show me your papers” provision – the court maintained that states couldn’t make their own decisions on federal policy – even when simply attempting to enforce established federal law.

“The national government has significant power to regulate immigration,” Justice Kennedy said for the majority. “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermine federal law.”

The view of the court?  States better not “undermine federal law.”  Whatever that means.

And that’s not all.  On top of these two rulings, yesterday a federal appeals court ruled against Michigan, Texas and twelve other states – who sued to block new EPA rules which they felt infringed on their own retained powers under the Constitution.

The result?  Guess what.  The challenging states lost.  And, the decision virtually ensures that new emissions regulations will happen, even if Congress does nothing.   According to the federal court system, even unconstitutional agencies that shouldn’t exist have power over the states.

PARTISAN HACKERY?

In the Montana case, the liberal court members were in favor of states’ rights – and dissented on the idea that a state was prohibited from enacting its own campaign finance laws, a liberal centerpiece.

The conservative court members – well, they seem to love the idea of states rights when it comes to immigration policy, but not on campaign finance.  They voted against Montana – in unison.

Over the years, liberal judges have been huge advocates for applying the First Amendment to the individual states, even though its wording specifically applies only to “Congress.”   Now, they seem to want it the other way around – because such precedent doesn’t fit their political views.

Conservatives, until a little more recently, opposed this view.  But have aggressively adopted it in recent years when politically advantageous.  This partisan-based ruling style will certainly come back to bite them in the future, too.

In Arizona, it was pretty much the opposite.  Even Scalia, who wrote a scathing dissent – made his support of federal supremacy clear.  He wrote – “Arizona has moved to protect its sovereignty – not in contradiction of federal law, but in complete compliance with it.”

For Scalia and Kennedy – and the rest – as long as you stay in “complete compliance” and don’t do anything to “undermine” federal law – you’re OK.  But, with thousands of federal laws, and laws that are hundreds of pages, such a view puts us all in an untenable and dangerous place.

CAUSING CENTRALIZED POWER

By once again rejecting the idea that the people can and should make their own decisions on most matters on a state-by-state basis, the Court continues to set the stage for more and more centralized power.  And more conflict and disappointment for everyone.

By their rulings, they’re teaching individual activists to spend all their time on a federal level.

The message to conservatives in the Arizona case?  Immigration reform should start and end at the federal level. While it might not preclude states from trying to pass some immigration laws that aren’t explicitly proscribed – it certainly encourages them to focus most their energy trying to force their view on the entire country.

The message to liberals in the Montana case is pretty much the same.  Campaign finance restrictions should start and end at the federal level.  And even worse, the states are little more than federal counties, because state laws that affect nothing but the state can be under federal control too.

The best example of how this will all play out is in a statement released by Public Citizen in response to the Montana case:

“The court leaves us no choice but to continue to fight for stronger campaign finance laws to prevent corruption. We will do this at the congressional level, at administrative agencies, and the states, as well as work to overturn Citizens United by amending the U.S. Constitution.”

John Yoo over at the American Enterprise Institute published a near-replica in response to the Arizona ruling:

“opponents of President Obama’s immigration unilateralism should place their hopes in Congress and the political process. Congress could pass legislation overriding the Obama plan and enacting the beginnings of its own immigration reform.”

ONE SIZE FITS ALL

Look, I don’t like campaign finance laws, and I think Montana’s is bad for the people of that state.  And I think Arizona’s immigration law is awful too.  But if the people of those states want to make bad choices, I have no plans to try to force my supposedly better choices on them.

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So by ruling, once again, that uniform policies must reign over a nation of 50 states and 300 million people, the Supreme Court has continued its attack on the last vestiges of what’s supposed to make this country great.

Instead of being a massive country with a wide range of political, economic and social policies in our various states, the Court reaffirmed its view that we’re all supposed to act the same – or else.

And even if the Court rules in favor of the states on the Affordable Care Act tomorrow, the overall trend is overwhelmingly in favor of centralized power.

The message from the Court’s rulings is already being repeated by the far left through Public Citizen, and the far right through Yoo and AEI.

What’s that, you ask?

All roads lead to Rome.

We certainly know what happened in that story.  And it’s sad to see history repeating itself.

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He was well aware that the Constitution delegated the general government no authority to take such action. In fact, in a letter that year to John Breckinridge – the man who sponsored his 1798 Kentucky Resolutions rejecting unconstitutional federal powers – he referred to the purchase as “beyond the Constitution.”

In order to remain true to his principles, the states would need to ratify a constitutional amendment delegating to the federal government the power to make the purchase. But the clock was ticking and the deal would likely fall apart in the time necessary to complete the amendment process. And, his cabinet insisted an amendment was unnecessary anyway.

So what did Jefferson do?

He did what every good politician eventually does. He abandoned principle to pragmatism and plunked down $15 million for the 827,000 square miles of land.

You have to give the third president credit for at least coming up with a colorful rationalization. In that same letter to Breckinridge, he wrote:

“It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory; and saying to him when of age, I did this for your good.”

Jefferson’s obfuscation shouldn’t surprise any of us. Compromise and flip-flopping go with politics like peanut butter goes with jelly. It just goes to show; even those personalities we hold out as the most principled – the so-called great ones – sometimes disappoint us.

How should we handle this kind of disappointment? Forever write off the offender as a traitor to the cause? Ignore the foible and continue to prop him up on his pedestal? Tear him down or make excuses for him?

Or is there an altogether better way to approach things?

Disappointment washed across the liberty movement like a tsunami over the last few weeks. For two years, thousands of freedom lovers poured their hearts and souls into a presidential campaign, only to see it stumble far short of the finish line. Another personality engaged in political maneuvering that some in the liberty movement found shrewd and pragmatic. Others expressed their disgust with all kinds of vicious condemnations. The events of the last several weeks left many liberty lovers sounding confused, hopeless and defeated.

This brings up important questions: why do we invest so much time and energy into personalities when history teaches us that disappointment is a virtual certainty? After all, isn’t the liberty movement about a set of principles – and not about a person’s name?

Granted, we need leaders to advance our ideas. And when politicians pass good legislation, which is rare, is certainly does help too. But when the personalities become the focus of the movement, we set ourselves up for failure.

People will always disappoint us at some point. They will make mistakes. They will abandon principles for one reason or another. And ultimately, they will fade away.

We simply cannot afford to place all of our hopes on a single man or woman ascending to the White House throne, no matter how great that person may appear. Electing a handful of “good ones” to Congress won’t guarantee victory for the cause either. Even the “good ones” can prove not so good when elevated to positions of power.

So, instead of rallying around a cult of personality, I suggest we continue to build our movement on a set of unchanging principles.

At the Tenth Amendment Center, we intentionally avoid getting all wrapped up in the players on the field – especially on a national level. Instead, we tirelessly focus our attention and efforts on advancing one agenda: follow the Constitution. Every issue, every time, no exceptions, no excuses.

Of course, we praise politicians and leaders when they support our cause and put our principles into action. We quote them when they get it right. We publish their articles when they articulate them well.

But we call them out just as quickly when they fail to uphold our ideals. For us here at the TAC, people serve a purpose as players on the board, but not as the objective of the game. Leaders, politicians and personalities have a purpose, but they are never the purpose.

Our focus on principle means we don’t align ourselves exclusively with any particular political movement or their various leaders. We don’t claim the mantle of Republican or Democrat. We aren’t Tea Partiers or Occupiers. We don’t call ourselves liberals or conservatives. And we don’t cast our lot exclusively with libertarians either.

We simply want to live free. So, we build coalitions where we see opportunities to advance the principles of constitutionally limited government and the decentralization of power. Sometimes we work with the right. Sometimes we do so with the left.

And, most of the time we irritate both sides of the political aisle.

With all of the angst in the liberty movement right now, perhaps it’s time to consider a fresh approach. I hope you will take some time to look seriously at the work we do here at the Tenth Amendment Center. Maybe instead of investing so much effort in promoting a few individuals on the national level, we should instead focus on advancing a set of principles.

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I can guarantee you this: no matter who wins the presidential election in 2012, no matter what crazy statement this or that politician may make in the coming year, no matter who casts a stupid vote or makes a disappointing endorsement in the future, we will be right here doing what we’ve done for the last six years – fighting to limit the size and scope of the federal government to its properly prescribed road.

To quote Jefferson once again, “In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”

There, sir, you were certainly right.

Every issue. Every time. No exceptions. No excuses.

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But people in California – and around the country too – are saying, “enough is enough!”

The issue is medical. It’s moral. And it’s constitutional too.

On the latter, one could simply look to the Tenth Amendment. This is the one which says that the federal government is only authorized to do a limited number of things, and everything else is left to the states or the people as the people of each state determine.

What?

Yup, it’s pretty simple. For example, if you grow some strawberries in your backyard and eat them in your house, those berries would be outside the purview of federal power. It would also mean that if Sacramento authorized your neighbor to run a for-profit strawberry business which raised the plants here in California and sold them in your neighborhood, this business would be off-limits to the feds too.

SMASHING STEREOTYPES

When thinking of a marijuana advocate, do you normally get the vision of a blue blazer-wearing republican? Well neither do I. And when thinking of your standard constitution-waving Tenther, pushing for states rights and less federal power, do you normally get the vision of a young progressive?

Of course not. The idea seems kinda weird.

But, it’s true. And it’s not just us kooky Californians either. Americans everywhere are breaking the stereotypes that the heartland holds dear.

And when it comes to weed, you can throw those stereotypes out.

STATES VS FEDS

A new national poll has discovered the Tenther in all of us. Americans, by a huge margin, support states’ rights and decentralized decision-making. Well, at least on one issue they do.

In a recent survey of likely voters, Mason-Dixon Polling and Research found 74% – yes, that’s nearly three-fourths of the country – believe that President Obama should respect laws in states where growing and selling marijuana is legal for medical purposes. Only 15% of those polled want to enforce federal law, under which medical marijuana use is illegal.

Ok, so maybe this was just a survey of likely democratic voters, right? Nope. The respondents were approximately one-third each – democrat, republican and independent. Every age and every demographic showed overwhelming support for the Tenther ideology – that the people of the states have the right to be left alone.

More than two-thirds of republicans support the idea, and three-quarters of democrats do too. Men and women equally favor leaving the decision to the states. And, while people under 34 years old were even more supportive – 81% in favor – even older Americans act like Tenthers from time to time too – 64% of those aged 65 and up want the feds to butt out.

It’s got to be a fluke – just one errant poll result, right?

Wrong.

Days later, Rasmussen Reports released another national poll on marijuana. Voters were asked this question, “Suppose the Food and Drug Administration denies approval for a particular drug. If a state government believes the drug has benefits in some circumstances, should the state be able to approve the sale of that drug in that state?”

That’s a pretty radical view, one might think, with a state government not just opposing a federal mandate, but actually facilitating mass defiance to it too.

Barely more than one-third of Americans – 35% – opposed such a position.

WE’RE ALL TENTHERS NOW?

If “radical” tends to imply a minority or fringe view, it appears to me that those who want federal control over marijuana hold a far more fringe view than those of us who want to leave it to the people of each state to determine – the Tenther view.

The real question, though, is this: Like Obama on gay marriage or Romney on health mandates, will the American people prove to be selective Tenthers – advocating decentralization only when it benefits them politically?

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I don’t think so. In time, I have a feeling most of us will learn the value and benefit of making the difficult decisions close to home rather than having them made for us thousands of miles away.

For me, I certainly trust my neighbors, even the annoying ones, far more than I’ll ever trust those bought-off politicians in Washington D.C.

NOTE: The preceding was recorded live at the close of Tenther Radio: Episode 51 on June 13, 2012. TRX: Tenther Radio is broadcast every Wednesday evening at 9pm Eastern and 6pm Pacific. Host Michael Boldin, along with rotating guest hosts Jason Rink, Lesley Swann, Nick Hankoff and others talk with top experts, newsmakers, and tenther activists every week. Call the show with questions or comments at 213.785.7848 and stream the broadcast LIVE at radio.tenthamendmentcenter.com

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The idealist glowers, curses and empties the contents of his glass on a nearby potted plant. The pragmatist, surveying his friend’s unhappiness, flicks the fruit fly out of the beer and drains the glass with a few hearty gulps. The idealist, returning to the bar with his empty glass, asks “Why the devil didn’t you get a new one?” The pragmatist smiles and points to the clock above the bar, “Last call was five minutes ago. Taps are closed until Monday.”

In 2010 ordinary American citizens, much alarmed at a big lurch towards statism, gave face and name to the Tea Party. Typical of midterm elections, the president’s party took a drubbing, but this one made exceptional by the open allegiance of the newly elected to Tea Party precepts of constitutionally limited government. Among the remarkable victories was Scott Brown, the first Republican elected by Bay Staters to the United States Senate since 1972, filling a seat vacated by the death of liberal icon Teddy Kennedy.

Now, two years later, we are reacquainted with Senator Brown through his re-election bid against Democrat Elizabeth “Fauxcohontas” Warren and have taken notice to flaws in the former’s voting record. As it turns out, Scottie is a moderate. His Club for Growth score is a median hugging 49%. Certainly a better power ranking than the 10% earned by that state’s senior senator, John Kerry, but not one that will win him an honorary tricorn hat.

What gives? Did the Council on Foreign Relations offer him eternal political life in exchange for a solemn vow against excessive Tentherism? Is the Tea Party dead and Scott Brown its pallbearer?

The answer should be obvious. At one time Massachusetts was known as the Cradle of Liberty. Now it’s the Wet Nurse of Nanny-Statism. It’s worth noting that the Massachusetts Senate rebuked the Kentucky Resolutions of 1798 with a 32-1 vote. Indeed, little has changed.

Senator Rand Paul of Kentucky would have a better chance of succeeding Tom Brady as quarterback of the New England Patriots than getting elected to federal office in the Massachusetts. That Scott Brown’s CFG ranking is ten times more libertarian than his predecessor might not get him on the cover of Tea Party Today, but should be cause for reasonable optimism.

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The pragmatic recognize that electoral victories are merely a symptom of voter frustration, and a century of progressive assaults on our Constitution will not be reversed by a few elections. Our mission, first and foremost, shall be to spread the gospel of liberty and localism.

In the long run, education more so than elections will prevent a Hunger Games-style dystopia. Constitutional literacy will save our country; Scott Brown, moderate Republican, will not.

Yes, elections still do matter. A lot. And flies will occasionally land in our beer. But I, for one, rather share a beer with a fly than have none at all.

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This is just what Thomas Jefferson feared when he wrote this:

“the germ of dissolution of our federal government is in the constitution of the federal judiciary: an irresponsible body,  working like gravity by night and by day, gaining a little to-day and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction until all shall be usurped from the States, and the government of all be consolidated into one. To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the centre of all it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.”
– Letter to Charles Hammond, August 18, 1821

According to the Founders’ Constitution, the Judiciary – or more precisely, the Supreme Court – was never meant to be what it has become.  Actually, let me rephrase that – into what the Supreme Court has made of itself.

Instead of acting as a “Supreme Court,” it now acts as “Supreme Law Giver.”

There were rumblings from the very beginning that this could happen, and it did not take long for the slow creep of expanding powers to eat away at the very fabric of the Constitution.

Early Court rulings, in the philosophy centralized power lover Alexander Hamilton, gave the courts powers never approved by the Founders and Ratifiers.  Five lawyers would now decide our fate and make law from the bench.

Constitution be damned.  That power still hangs over us like a black cloud today.

Following in this new tradition, 19th Century Supreme Court Justice Joseph Story became one the most nationalist judges in our early history.  He worked to further the supremacy of centralized government. He pushed Hamilton’s ideas of so-called “implied” and “resultant” powers in the Constitution, and expanded the power of the executive and federal judiciary even further. It is widely recognized that there is gaping hole in the legal system in terms of public funding (legal aid). Those who could previously obtain legal aid to pay for advice regarding their divorce or disputes regarding child arrangements may no longer meet the qualifying criteria for legal aid. If they cannot afford legal advice, a person can be left feeling that they do not know where to turn, and for cases of accidents or injuries when driving or riding a motorcycle, getting the best motorcycle accidents lawyer could be essential to solve these cases.

Woodrow Wilson understood what had happened over the years and stated, “The War between the States established … this principle, that the federal government is, through its courts, the final judge of its own powers.”

And so it did.

In the 1960s, Clinton Rossiter wrote something that haunts us to this day.  He said,

“The formula for congressional authority today reads: the commerce power + the war powers + the power to tax and spend for the general welfare x the loosest possible reading of the words ‘necessary and proper.’”

Under this formula, virtually nothing that is perceived to be of importance is beyond the control of the federal government.  The fact of the matter is that this was brought on by the tacit approval and promotion of the Supreme Court and their willing accomplices in Congress and the Executive Branch.

Once the Court established the precedent that they, and only they, could decide on what was constitutional, the stage was set for the expansion of the centralized government we have today.

Unchallenged precedent by the Supreme Court is the genesis of the growth of judicial tyranny in our everyday lives. They have become like “gods” that all must bow down before and seek their blessing to exercise any semblance of liberty and freedom.

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There are no more “checks and balances” in the federal government.  Today, the final authority as to what the Constitution says or doesn’t say, and what the other two branches are allowed to get away with, is decided by five unaccountable, politically-connected lawyers – something the Founders would never have agreed too.

Then again, if you like how things have turned out, go ahead and kowtow before the Supreme Court. Beg  them to decide in your favor on anything you might think is unconstitutional.  But don’t be surprised when they say, “step away from the bench serf. We will decide what is Constitutional, not you.”

As for me, I will take up the cause of the 10th Amendment.  And with that, State Sovereignty and the right and the duty of people of the states to nullify and interpose against the federal government, but one thing is for sure and that is that you really need to be careful when looking for a motorcycle accidents lawyer and choosing one, because the quality of an attorney you choose can impact your case more than others you may have already considered. However, there are things you can do to reduce your chances of getting a bad deal, such as asking questions and making yourself available. Also, if you are unsure about the quality of an attorney and want to talk with a lawyer, you can find a list of lawyers and contact them directly. It’s always wise to get a copy of all the information and documents related to your case, as they can be useful if something happens in the future.

As Andrew Jackson was once rumored to say, the Supreme Court may have their opinion; now let them try and enforce it.

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The intent here is not necessarily to give a word by word rebuttal of the Heritage report and Kyl’s speech, but instead – to address the overarching themes of his speech.

The Heritage report is prefaced with an abstract, featuring Thomas Jefferson’s declaration that “the price of liberty is eternal vigilance…” This idea, misapplied, forms the foundation of Kyl’s thesis, as vigilance, much like the word defense, is stretched to mean overseas intervention and military budgets of grotesque proportions.

A quick note on terminology is important here. Kyl states early in his talk that “liberals and progressives have never been supportive of the imperative to preserve American sovereignty…” While the term sovereignty is sometimes used in a foreign policy context to denote independence, Kyl seems to use it as a synonym for the word security. He goes on to list three ways in which American “sovereignty” is put at risk, and each relates not to independence from international governmental organizations, but to issues commonly related to national security. They are: cuts to so-called defense, opposition to foreign intervention, and privacy concerns (he didn’t give details on this last item, citing too little time).

Before moving into Kyl’s full argument, it is important to point out the false dichotomy he presents for the audience. There is no fundamental difference in the foreign policy ideologies of conservative and progressive politicians, as judged by their actions. Practically speaking, the Obama foreign policy is the same as Bush’s, which is the same as Clinton’s, which is just like that of Bush before him, and so on. To be sure, progressive politicians often speak in more humble terms, but their actions – escalating drone strikes, tripling troop levels in Afghanistan, ignoring due process, and launching new wars – belie this rhetoric.

In his lecture, Kyl does not aim his criticism at liberals, but instead directs it at other Republicans. He warns of a “creeping sentiment within certain Republican circles that America is indeed in a period of decline, mostly due to runaway spending, and that we cannot, therefore, afford the kind of military we had in the past and should disengage from many areas of the world.” This is to say that these Republicans are beginning to reject the neoconservative dogma that has dominated U.S. policy for decades. Kyl laments this – but it’s a good thing.

Intervention is not conservative and it is not consistent with “America’s founding principles,” nor is intervention conducive to a “strong national defense,” in its true sense. For the United States, the 20^th Century marked the rise of foreign intervention, and it was ushered in by progressives, notably Theodore Roosevelt and Woodrow Wilson, neither of whom was very conservative. Consider also that Franklin Roosevelt, Harry Truman, and Lyndon Johnson – all progressives – were proponents of foreign military involvement. By and large, the foreign policy of the U.S. during its first century was far more humble, mirroring the advice from the likes of Thomas Jefferson and George Washington.

Foreign entanglements, of the kind Kyl advocates, degrade the actual defense of the country in three ways. With troops stationed all over the planet they are more vulnerable to attack and, cannot adequately defend the U.S. The bombing of naval ships and foreign barracks provide examples of the former; and the fact that the U.S. military was better prepared to defend South Korea, Saudi Arabia, or Germany on 9/11 explains the latter. But the last, and most fundamental reason of all, is that intervention begets intervention by way of blowback. When the U.S. intervenes in the affairs of another country it necessarily creates enemies by choosing sides and killing civilians – even accidentally. Thus begins a cycle where the victims’ resentment builds, they retaliate, are attacked again, and still more seeds of blowback are sewn.

This is to say nothing of the economic price tag for what amounts to an empire. Kyl brings up the perennial argument over entitlements versus military spending, and suggests that cutting “defense” spending to accommodate entitlement funding would be “devastating to national security.” Reducing defense spending would likely be detrimental to security, but so much of the pentagon’s budget is dedicated not to actual defense, but instead is offensive in nature. Not a single one of the many wars now being fought is truly defensive, nor do the inhabitants of the targeted countries pose any credible threat to the U.S. mainland.

Kyl admits that “the fastest-growing part of the budget is in personnel costs, especially for health care.” This is all due to the very policies which he promotes. Personnel costs are higher and the price of healthcare continues to rise directly because the military is spread across the globe waging wars with no end in sight. Tens of thousands of wounded veterans, many of them burn victims and amputees, the hundreds of thousands suffering from traumatic brain injury, and the more than one hundred thousand on psychiatric drugs all cause spending to rise dramatically.

Like all good advocates of the state, Kyl uses the Orwellian term “interests” to supplement his argument. U.S. foreign policy has evolved significantly, perhaps beginning with Thomas Jefferson’s authorization to deploy troops to Tripoli in 1801. But with a military presence now in some 130 countries, virtually anything could be construed as part of “our national interest” and used to justify intervention. We must get away from this mentality – that everything that happens in the world deserves an immediate response from the U.S. military. It’s destructive, it’s unconstitutional, and it’s immoral.

But as things stand today, even ancillary issues are used to justify inserting the U.S. government into the affairs of other nations. Kyl laments the decision of several members of the Senate Foreign Relations Committee to reject a “resolution in support of the besieged Syrian people.” The resolution would have established as U.S. policy that “the legitimate aspirations of the Syrian people cannot be realized so long as Bashar al-Assad remains in power and that he must step aside.” The reason it was rejected by those Republicans, he surmises, was because such a policy “might ultimately lead to taking some kind of action.”

In fact, the resolution would have only codified existing U.S. policy, as the U.S. State Department had already promised to fund the rebellion and provide communications equipment as a month prior to the aforementioned resolution. And, it is widely understood that many of the previous military conflicts began with resolutions and so-called “non-lethal aid.” Rarely is an all-out military invasion something that happens overnight. In practically all cases it stems from another Orwellian term: “diplomacy.”

In the twisted definition now used by war Hawks, “diplomacy” is no longer negotiations and attempts at non-violent solutions. It has now morphed into an aggressive process that involves sanctions, threats, blockades, and the deployment of troops, naval ships, and aircraft to further isolate and coerce the targeted parties into compliance. That so many Republicans refused to participate in this endeavor is to be celebrated, as most often it is not the political and military leaders that suffer from such “diplomacy,” but the people of the country who have no say in the matter.

In his final segment, Kyl invokes Jesse Helms, urging Americans to “demonstrate not only to ourselves, but to the world that as a nation we stand by American values—freedom, rule of law, sovereignty—both at home and abroad.” If this advice is to be taken seriously, and not meant merely as a platitude, Americans should reject the foreign policy shared by neoconservatives and progressives now being applied. It is indeed anathema to freedom and the rule of law, as the Patriot Act (also known as the “repeal the 4^th Amendment act”), certain provisions in the NDAA, and everything the TSA has done in the last decade attest.

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In the end, Kyl asks: “How do we determine the appropriate American leadership role?” Of course a rudimentary approach involves looking to the constitution. That document is very clear on how war is to be declared. That is the legal means, but it’s vague as to why it may be declared, or the moral reason. For the answer to this we must look to the principle of non-aggression for moral guidance. Murray Rothbard defined the non-aggression principle thusly: “No one may threaten or commit violence (‘aggress’) against another man’s person or property. Violence may be employed only against the man who commits such violence; that is, only defensively against the aggressive violence of another.”  

In essence, this is the Golden Rule, and it should guide foreign policy; not some bastardized definition of “defense,” “interests,” or any other manipulated term to sterilize unjustified military force.

The post Refuting Heritage on Foreign Policy. appeared first on Tenth Amendment Center.

Vince Brown, for example, gets the ball rolling with this:

“I don’t find the appeal here, isn’t all it says is that they will simply just sit back and watch the feds do what they want?”

Brian Ryman goes a little deeper:

“While the state of Virginia has passed what many feel to be the first significant blow against the NDAA , I have a few reservations about what is purported by some to be a victory. My main concern is that the bill has no provisions for Virginia state agencies to interpose themselves between the federal authorities and its citizens. This should be the focus of the legislation….”

The implication here is that unless there’s a state law passed requiring conflict – a state agency standoff vs a federal agency – which is dangerous indeed – then somehow there’s little to no value.

But is that really the case? Of course not. More later.

Tom Rankin takes it a step further, insisting that anything but physical pushback on the feds is not only worthless, but some kind of a political trick. Here’s what he had to say:

“Just how does this stop the Feds from enforcing NDAA. All it says is you can enforce NDAA in my state but I will not help you. This is pure bull. It is just feel good legislation that gets the public off the politicians ass. I am very disappointed in The Tenth Amendment Center and question it’s motives.”

Interesting.

I’ve often heard that converts to a new religion are commonly known to be more zealous than people raised in those same beliefs. I guess here at the TAC we’re finding the same thing in our own movement – for nullification.

The problem, though, is this – these people, while probably quite well-intentioned, are either being misdirected, or are just misinformed about the big picture.

NON-COMPLIANCE IS A BIG DEAL

To clarify, we should first define the word nullification. It is “any act or set of acts which has as its end result a particular law being rendered null, void, or unenforceable in a specific area.”

Thomas Jefferson referred to nullification as the “moderate middle ground” – the effective path that lies between violent and bloody revolution on one hand and unlimited submission on the other.

With that in mind, we can recognize that a nullification of a federal act can take on all kinds of different forms. It often requires an entire puzzle – and each piece of that puzzle plays an important part. There’s education, outreach, non-compliance, and more. It doesn’t always require a physical interposition by local agents – standing between you and the federal government.

And while it sure gets the testosterone boiling, an O.K. Corral-style standoff is not needed, and is almost never effective. Consider the state-level resistance to the 2005 Real ID act. Over the past five years, we’ve learned that a federal law can be effectively held at bay or even pushed back through non-compliance alone.

When Virginia’s HB1160 was being debated, Delegate Bob Marshall gave a perspective on the importance of non-compliance when he said:

“During World War II, the federal government incarcerated tens of thousands of loyal Japanese Americans in the name of national security. By this bill, Virginia declares that it will not participate in similar modern-day efforts.”

The federal government most certainly needs compliance, if not outright assistance, from the states when it does its dirty deeds. Information-sharing, logistics assistance, access to infrastructure, help from sheriffs blocking roads, and the like. They can rarely pull things off without help from state and local officials. Just ask the DEA when they come to California. They’re never able to pull off a raid without the help of the local sheriff or police departments. Refusing compliance is a big deal – and it will set the stage for others to do the same.

WWRPD?

When Rosa Parks refused to move the to back of the bus – she taught us just how to deal with laws that are unconstitutional – immoral – and unjust.

On one end of the spectrum, she didn’t call for her local friends to interpose on her behalf, using force and guns to arrest the progress of evil being waged against her. And, on the other end of the spectrum, she didn’t accept the notion of unlimited submission either.

Before refusing to comply, Rosa Parks didn’t first pass a law to physically stop people from violating her rights. She didn’t need to arrest an offending federal or state agent to move her cause forward.

Rosa Parks also didn’t put the fate of her liberty in the hands of the political system.

She didn’t simply comply and spend a bunch of time knocking on doors advocating for a new candidate for office. She didn’t comply and then spend her time in an expensive and unwinnable lawsuit. She didn’t just comply – and then plan on voting in a new politician to change the law which was oppressing her.

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She did something that each one of us needs to start doing more often in our lives. She sat there and said NO.

When Rosa Parks refused to move to the back of the bus, she didn’t have any “teeth” in her action. Her non-compliance helped expand the growth of a massive movement which resulted in the change she sought.

Whether the issue is mandates, or indefinite detention, or the TSA, or anything in between – that’s our blueprint for freedom. I hope you’ll join us.

The post The Rosa Parks Method for Liberty appeared first on Tenth Amendment Center.

The law compelled people of all states to “assist” federal marshals and their deputies with the apprehension of suspected runaway slaves. It brought all trials involving alleged fugitive slaves under federal jurisdiction. It included large fines for anyone who aided a slave in their escape, even by simply giving them food or shelter.

On top of it, bounties were paid to commissioners in fugitive slave cases. $10 was paid if a person was sent back to slavery, and $5 if the person was allowed freedom. The federal government was paying people to capture other people and send them to slavery.

The act also suspended habeas corpus and the right to a trial by jury for alleged “slaves,” and made their testimony inadmissible in court. The written testimony of the supposed slave master, on the other hand, which could be presented to the court by slave hunters, was given preferential treatment.

STATE RESISTANCE

In response, Northern States intensified efforts to pass what were known as “personal liberty laws.” These had already been growing over time in response to the original Fugitive Slave Act years earlier.

Vermont passed a “Habeas Corpus Law,” requiring state judicial and law enforcement officials to actually help captured fugitive slaves there. Massachusetts took a really strong stand – and passed a law that provided for kidnapping charges to anyone trying to use these “indefinite detention” provisions of the fugitive slave act.

No federal agent was charged with kidnapping in Massachusetts, though. But, this was only because no escapee was ever captured for return after the law was passed. The state response was working.

In fact, Northern states were so successful overall that when South Carolina seceded ten years later the people there named this as one of their primary reasons for leaving the Union. From their publicly-released “Declaration of Causes,” was this:

“The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the [Fugitive Slave Acts] or render useless any attempt to execute them…”

NDAA: THE ROAD BACKWARDS

In 1942, FDR signed an executive order which authorized the creation of military zones “from which any or all persons may be excluded.”

This led to the roundup of around 110,000 Japanese-Americans and Japanese citizens living here in California and along the West Coast. Without due process to assist them, these people were relocated and sent to internment camps. Many more were classified as “enemy aliens” and subjected to increased restrictions.

Like the Fugitive Slave Acts and Japanese mass internment, the federal government has again taken new powers never intended under the Constitution. Under sections 1021 and 1022 of the NDAA, the feds again claim the power to classify people in such a way that they no longer have rights.

President Obama and Congress have dropped the terms “fugitive slave” and “enemy alien.” Instead, they use “suspected terrorist” as a way to eliminate due process these days.

RESISTANCE TODAY

Today, in the spirit of the 19th century Personal Liberty Laws, states and local communities around the country are taking action against NDAA detention powers. Virginia recently became the first state in the country to pass a law refusing compliance with or assistance to federal agents carrying out detentions without due process against citizens of that state. Arizona’s legislature just passed a similar bill. And a number of other states are working on the same.

But, it’s not just states. More than ten local communities are on board too. For example, up north in Fairfax, CA, they passed legislation which says that they will:

“Instruct all our Town of Fairfax agencies to decline requests by federal agencies acting under detention powers granted by the NDAA that could infringe upon residents’ freedom of speech, religion, assembly, privacy, or rights to counsel.”

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JUST THE BEGINNING

When Northern States protected habeas corpus against federal encroachments in the 19th century, they were doing their duty to protect liberty and the Constitution. Today, states and local communities are doing the same.

They can and should serve as a powerful check on federal power. In fact, the framers counted on it. It’s all about local actions. As Democrats and Republicans continue to work together in DC to take away our rights, it’s our local communities who must and will rise up to save them.

The post An Effective Method to Restore Due Process appeared first on Tenth Amendment Center.

That’s what establishment hawks Charles Stimson and David Rivkin say the Tenth Amendment Center and other organizations are doing by pushing back against the new “indefinite detention” powers in Sections 1021 and 1022 of the National Defense Authorization Act (NDAA) of 2012.

But, even in the face of yet another unconstitutional federal act, the People of the United States just gained an important ally in defense of their Constitution: the Commonwealth of Virginia, and state employees in particular.

Virginia Governor Bob McDonnell just signed into law House Bill 1160 (HB1160), which would prohibit state agencies from participating in unconstitutional detentions under the NDAA.

Stimson and Rivkin are mighty upset about this too. Their recent Washington Post op-ed on the issue is so filled with errors, distortions and half-truths (I’m being generous with the latter), that their irritation about the bill either clouded their ability to read, or shows they’re little more than propagandists for yet more unlimited executive power.

BIG FLAWS

I’m going to focus on two big flaws in their analysis which seriously damage their credibility on the issue. First, there’s this:

“Virginia’s legislature recently passed a bill that forbids state employees, including police and members of the National Guard, from participating in the investigation, surveillance, detention or arrest of any suspected member of al-Qaeda or its affiliates, if that suspect is a U.S. citizen.”

Wrong.

HB1160 does not, as the authors claim, forbid state agency participation of “any suspected member….if that suspect is a U.S. citizen.” To make such a statement would require a reader of the bill to completely miss the extremely important qualifier, which reads as follows:

….if such aid would knowingly place [applicable state agents] in violation of the United States Constitution, the Constitution of Virginia, any provision of the Code of Virginia, any act of the General Assembly, or any regulation of the Virginia Administrative Code…

Think about that. Assistance in investigation, surveillance, detention or arrest is still permitted, as long as such assistance complies with the Constitution of the United States.

Knowingly violating the Constitution is what is prohibited.

Are Stimson and Rivkin in favor of requiring people to “knowingly” violate the Constitution? Are they just too busy to read the full text of a one-page bill? Or, are they intentionally leaving off this important qualifier from the bill itself in order to frighten you into thinking that states like Virginia (and soon others too) are dangerous?

If it’s the latter, that’s a textbook case of fear mongering in my opinion.

Next on the chopping block is this:

…Although the federal government has no inherent constitutional right to compel state officials to help in combating al-Qaeda, since 9/11 it has funneled billions of dollars to all states that require fulsome cooperation from state law enforcement authorities. Meanwhile, state National Guard forces, when deployed overseas, are subject to federal control. For these reasons, Virginia’s legislation violates the federal law….

Both are wrong, but the big fallacy here is the latter. It’s so distorted that it bears repeating:

Meanwhile, state National Guard forces, when deployed overseas, are subject to federal control.

Are they claiming that HB1160 is trying to prevent Virginia’s National Guard forces from acting when under federal control? Seems so. But this is totally misleading. If I could get into the minds of the authors, I’d suspect I’d see a little fear mongering as their motivation, but who am I to say?

Anyway, here’s the real deal, from the text of the actual bill. The people that HB1160 applies to are a person of specific state agencies…

…or member of the Virginia National Guard or Virginia Defense Force, when such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty

When national guard troops have been called up by the federal government, they are no longer on “official state duty,” they are on official federal duty. So, of course they’d no longer be under the purview of HB1160. This language was included for just that reason.

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Did our two authors just miss that part of the sentence, or did they intentionally ignore it? Either way, this is elementary stuff, and these two have some reading to do.

NOT RELIABLE

On the NDAA itself, I do recognize that Stimson and Rivkin made a number of statements about its supposed constitutionality. But, my opinion is this: If they can’t even get these things right about a one-page bill, how can anyone trust them to provide correct constitutional analysis of a bill far longer?

I sure don’t.

The post Mongering Fear: The Establishment Attacks appeared first on Tenth Amendment Center.

Pointing fingers and talking tough about some issues is one thing.  ACTING tough – that’s another thing altogether.

This week, as you travelled to Washington DC, you made this statement – “I have a duty and obligation to defend the people of Arizona – especially when the federal government fails to do their job.”

You certainly do have a duty and an obligation.  But the time for tough talk, Governor Brewer, is over.  The time to act is upon you.

AN IMPORTANT BILL ON YOUR DESK

When you return from Washington DC this week, you’ll find that you have an extremely important bill on your desk – awaiting your signature.  Senate Bill 1182 was passed by wide margins in your state’s legislature, 34-22 in the House and 20-8 in the Senate.

What does this bill do?  Well it’s pretty important stuff.  It says this:

This state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the national defense authorization act of 2012, Public Law 112-81, against any citizen of the United States.

Once you sign this bill into law, it will also make it a criminal offense for any public officer, employee or agent of the state of Arizona to make any attempt to assist in such federal kidnapping.

If you think it’s hyperbole to use the word “kidnapping” to describe the so-called “indefinite detention” provisions of the NDAA, think again.  When you remove due process from the equation, “indefinite detention” is really nothing more than government-sanctioned kidnapping.

The Constitution is pretty straightforward when it comes to due process – and these newly-claimed federal powers are nothing short of an abomination on the limits that the Founding Fathers gave us.

Like you said, you do “have a duty and obligation to defend the people of Arizona” – and that bill sitting on your desk right now is an opportunity for you to do so.

CONCERNS

But, I’m a little concerned that you don’t really mean what you say when you talk about defending the People of Arizona.  For example, in 2010 the People of your state voted to approve a new medical marijuana program.  The founders were clear that such decisions would be under the purview of the people of each state, not the federal government.  But the feds on this issue, like on virtually everything else, have been interfering with the people’s choices for far too long.

With that vote, the people of your state took a major step towards turning things around and putting the decision-making where it rightfully belongs.

So what did you do?  Well, you sued your own state in federal court to stop the people of Arizona from implementing the law they rightfully passed.  And now you complain about the feds suing you?  We can talk about that inconsistency another time.  For now, let’s focus on moving forward and doing what’s right.

For any true constitutionalist, there is an important principle at stake here, one that you appear to be willing to sacrifice because you disagreed with the policy chosen by Arizona’s voters.  The federal government is only authorized to do what has been delegated to it in the Constitution…and nothing more.  Period.

DUTY TO THE CONSTITUTION

It doesn’t matter if you like or dislike the policies – your duty and obligation – the oath you swore – means you need to help the people of your state do what they’ve set out to do.  Reject unconstitutional federal acts.

Whether those federal usurpations of power cover weed or “indefinite detention,” the end result is the same.  Your duty to the people of your state – and to the Constitution – is to do everything in your power to stop anyone and everyone from violating their rights.  That is, unless you prefer the Nancy Pelosi version of the Constitution and believe that all federal law is “supreme.”

So which is it, Governor Brewer?  Nancy Pelosi’s constitution or James Madison’s?

The time for tough talk, ma’am, is over.  The time for duty is now.  It’s not next year, and not after the next election.  It’s not next month and not next week.  The time for you to step up and act is today, not tomorrow, right now.

A simple stroke of the pen, and you’ve done your duty.

Sign the bill Governor Brewer, and prove to Arizona and to the world that you’re more than just a bunch of tough talk or a wagging finger.  Prove to all of us that you’re a constitutional hero.

Your moment is now.

ACTION ITEM FOR ARIZONA

If you live in Arizona, contact Gov. Brewer now.

Politely, but firmly, ask her to sign SB1182. Remind her that she has a duty to protect and defend the Constitution and an obligation to the people of Arizona. Tell her that the language in sections 1021 and 1022 of the NDAA is too vague and undefined to leave to chance. The federal government simply cannot be allowed to possess even a hint of such power.

You can find contact information for the governor’s office HERE.

ACTION ITEMS FOR THE REST OF THE COUNTRY

If you do not live in Arizona, you should still contact Brewer and tell her the rest of the country is watching. Arizona has the opportunity to step up as a leader in protecting the most basic freedom and liberties that we cherish as Americans.

If your state, county or city has not taken steps to stop kidnapping under the NDAA, you can find model Liberty Preservation Act legislation that you can propose to your local politicians HERE.

To track NDAA nullification legislation across the U.S., click HERE.

The post Jan Brewer: Constitutionalist or Pelosi Supporter? appeared first on Tenth Amendment Center.

“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

Natelson explains What habeas corpus is – and why it is important. He gives us an overview of the Founders’ view of habeas corpus, and specifically, the Constitutional power to suspend habeas corpus. Also discussed are Sections 1021 and 1022 of the National Defense Authorization Act of 2012 – and why this should be of great concern to those who support liberty – and the writ of habeas corpus.

Rob also discusses in more detail what he wrote in his book, The Original Constitution – “American state habeas statutes in force during the founding era sometimes protected only “citizens” However, the federal constitutional right was defined by English common law, and therefore extended to some non-citizens” – and the important 2008 Supreme Court case, Boumediene v. Bush.

Finally, Natelson gives us his opinion of St. George Tucker’s view in 1803 that “Habeas corpus cannot be suspended, unless in cases of actual rebellion or invasion. A suspension under any other circumstances, whatever might be the pretext, would be unconstitutional, and consequently must be disregarded by those whose duty it is to grant the writ.”

The post A Special Lesson on <i>Habeas Corpus</i> appeared first on Tenth Amendment Center.

Just by keeping the message the same, we see shifts over who leads those attacks too. For example, during the Bush years, we’d often get conservatives attacking us for opposing his unconstitutional policies.

PEOPLE REALLY SAY THIS STUFF

We hear things like –

“Are you with the terrorists? Bush is just trying to keep us safe. That’s his job!”

Or the classic…

“You don’t like it here? Move to Cuba, commie!”

These days, it’s the same kind of message, just a little moved around…

“”He’s not waging a ‘war’ – he’s trying to save those people in Libya from a horrible dictator!”

“You don’t like the Affordable Care Act…what, do you want black people banned from lunch counters, too?”

Seriously. These are emails and comments we received. But look, I’m not complaining. I’m just saying that at times it is motivational to hear and read these things – from both average people and the media. And, at other times, especially after a week of 18 hour workdays, it can be quite draining.

Why? Because with that kind of ignorant partisan-hackery being quite common – sometimes things seem, well…insurmountable. Pointless. Like, why not join with the masses, do a little shopping, enjoy the game, and refer to every single political conversation as “off limits” because we don’t want to think about it or deal with it.

A SUPPORT SYSTEM

No, that kind of thought doesn’t happen real often, but with most people who slug it out day in and day out – dragging through the mud pits against the monster government that exists today – such thoughts certainly come up from time to time.

What’s my point? Without a support system – loving friends and family to back up our work – constantly pushing forward could never really happen.

George Mason had his wife Ann. Henry David Thoreau had great friends in Ellery and Harrison. Rosa Parks had her husband Raymond.

Today, people like Tom Woods have a foundation as solid as a rock with Heather. Jim Babka gets endless support from Susanne. Ron Paul has the backbone of an amazing woman like Carol.

And my luck personally has been unbelievable – to have good friends who either directly support my work – or tolerate my endless ramblings about it. But no one, and I mean no one, has provided me more strength, support, motivation and success than my partner for life, Sarah.

Being a special day, her birthday that is, tonight, I want to celebrate her support and love for me and the work I do. And with that, I think it’s essential for us to thank all the amazing people like Sarah out there – whether their name is Heather, Harrison, Susanne, or Raymond – this great movement for liberty couldn’t exist without you.

OUR FAMILY

Here at the Tenth Amendment Center, we consider each and every one of you part of our family. Our community is strong – and growing stronger each year. This could never happen without you.

Those of you who only read our website, or visit our YouTube or Facebook channels – you are extremely important to us. Every one of you on our national team – and every single state and local coordinator for us here at the Tenth Amendment Center – your participation has been essential. Members – old and new – bloggers and columnists, listeners to this show. Every one of you and more.

THANK YOU!

Each one of you plays a vital role – in moving this ship forward.

No matter what they throw at us – forward is the only direction we know. Thank you Sarah, and all of you who take part in your own way – for helping make this happen.

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So, to all of you non-activists out there – spouses, significant others, friends and family – each and every one of you is extremely important.

The next time you have to hear one of us talk endlessly about some liberty-oriented issue that you consider to be unimportant, obscure, or even just downright boring…the next time you have to help one of us endure long work days with little sleep, stress, deadlines, personal attacks – and more – please remember this:

You are appreciated. More than you likely could ever know.

Thank you.

The post Liberty with a Backbone appeared first on Tenth Amendment Center.

The term middle ground is most often used in the political sphere, but it is not solid ground. The only solid ground in this Republic is the ground that was formed by the Founding Fathers and their contemporaries, who didn’t sacrifice so much only to have it become a vain exercise decades later. They didn’t create a nation that would become another England in so many ways, from encroaching on people’s liberties, to excessive taxation, and seeking to control other nations. By becoming middle grounders, we’ve become ungrounded.

We’ve been sold a bill of goods over the decades, and most of us have come to savor those goods, which take the form of an imperial presidency, high taxation, reduced civil liberties, welfare, ad nauseum. We will accept mandated toilets, light bulbs, windows, auto standards, etc., as long as we aren’t hassled too much in our daily activities, as long as these mandates are “hidden” from us, buried in the regulations and duties imposed on businesses that serve us. We have less liberty, but hey, we’re safer.

I’ve found that there are three main impediments to the effective restoration of our Republican form of government. The first is a populace ignorant of the founding principles of our Republic, as well as the principles that informed the Founding Fathers. Next is the outgrowth of that ignorance: our elected officials, practically all of whom forget, in daily practice, what country they are in. (They would be perfectly at home in any European socialist wonderland.) The last impediment is our income tax system, especially where the federal government found it to their advantage—not ours’ mind you—to have an income tax (a tax on our labor) withheld from our paychecks. This mandated, legalized pilferage has grown the federal government to a size that could not have been contemplated by the Founding Fathers, and as a result of this funding and growth, our freedoms have eroded.

The bigger a central government becomes, the more it takes from the periphery – the states and the people – to maintain its hegemony.

Many will dismiss this article as being “out there,” as not being middle groundish, but in so doing they  make my point. And anyway, I couldn’t care less. I reference below the Introduction to the 1974 book: “Voices of the American Revolution,” by the People’s Bicentennial Commission. Reprinted in that book is an Associated Press release from the late 1960s:

“Only one person out of 50 approached on Miami streets by a reporter agreed to sign a typed copy of the Declaration of Independence. Two called it ‘commie junk,’ one threatened to call the police, and another warned: ‘Be careful who you show that kind of antigovernment stuff to, buddy.’

Comments from those who took the trouble to read the first three paragraphs:

‘This is the work of a raver.’
‘Somebody ought to call the FBI about this sort of rubbish.’
‘Meaningless.’
‘The boss’ll have to read this before I can let you put it in the shop window. But politically, I can tell you he don’t lean that way. He’s a Republican.’

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If anyone thinks our situation has improved since then, all they need to do is hear the responses to questions Jay Leno asks in his candid street interviews.

The middle ground is a meaningless ground. It is a creation of those who muddle the issue of whether the federal government can do whatever it wants, or if it has to operate within its Constitutional constraints, specifically outlined in Article 1, Section 8 and buttressed by the Tenth Amendment. These muddlers or middlers are either disingenuous, or they are clueless. They either want the federal government to ignore the Constitution, or they want the federal government to assume extra powers because it is for the “good of the people.” (And it scores “I care” points for e politicians when it comes time for reelection.)

The middle ground is not solid ground. It lies on a fault. And the fault is ours.

“Compromise is but the sacrifice of one right or good in the hope of retaining another – too often ending in the loss of both.”
–Tryon Edwards

The post The Middle Ground is Dangerous appeared first on Tenth Amendment Center.

NOTE: Michael Boldin will be a featured speaker at Nullify Now! Philadelphia. Get tickets HERE – or by calling 888-71-TICKETS

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Now that the Supreme Court is considering the constitutionality of several parts of the “Obamacare” health care package, plenty of opponents are saying that there’s now a chance to get it overturned.

How big of a chance? I think – Almost none.

The unelected, unaccountable, politically-connected lawyers which make up the Supreme Court have done an absolutely horrible job of upholding the Constitution. In fact, from 1937-1995 the Supreme Court didn’t rule one single congressional act to be outside of their constitutional limits. 60 years – they ruled absolutely nothing unconstitutional, and that included much of the new deal and all of the Great society. Since that time, overruling Congress has been a rare occurrence, at best.

Not a good track record at all.

At times, I would argue that the Supremes have actually created most of the problems we face today. Why? Because they don’t like overturning their own decisions either. One ruling expands federal power, and the next one almost always seems to be based off the previous.

Bad building blocks make for a dangerous foundation.

And on top of it all, because of the way things have worked in this country for a long time, most people believe that they only have 3 options to stop federal power –

1) protesting and marching on DC in the hopes that federal politicians will limit their own power
2) voting the bums out, in the hopes that the new bums will limit their own power and
3) suing in court in the hopes that federal judges will limit federal power.

Sorry to break this to you, but it ain’t working.

For over 100 years, federal power has been on one path, and one path alone. It doesn’t matter which political party has been in charge in DC or which individual has been president – federal power always grows and your liberty is always less.

George Will wrote in a column recently that “if the court were to ratify Congress’ disregard for settled contract law, Congress’ power to compel contractual relations would have no logical stopping point. Which is why this case is the last exit ramp on the road to unlimited government.”

Sorry George, you’re wrong. We’ve been there for a long time already.

When the federal government claims the power to determine the extent of its own powers – unlimited government is already here.

Now if you happen to think, for some crazy reason, that claiming the power to tell you what size toilet you can have, what kind of light bulb you can own, or what kind of plant you can grow in your backyard it NOT unlimited power, it’s just a matter of time before politicians decide to start using the power they already have to do things that YOU consider unlimited. It’s just a matter of time.

So, as the last 100+ years of nearly incessant growth of federal power proves to us already, even IF the supremes do the rare thing and rule against Congress, in a decade that’ll be just a blip.

Without changing strategies – and stopping the insanity of going to the federal government to fix problems created by the federal government – the freight train to totalitarianism will be unstoppable.

Instead of begging, yet again, federal politicians to limit their own power, how about something different?

That’s what we’ll be educating people about at Nullify Now! Philadelphia on March 31st. Multiple speakers and experts will teach you about what Thomas Jefferson and James Madison advised when 2 or more branches of the federal government attack the constitution and your liberty.

The States. They not only have a right, but a duty, to stand up and say NO to unconstitutional federal acts. Most of what the feds do qualifies.

Please join us in Philly on March 31st – you won’t just be educated. You’ll be empowered.

https://www.nullifynow.com/philadelphia/

The post On Mandates, and Everything Else, Don’t Count on the Courts! appeared first on Tenth Amendment Center.

Every day, it feels more and more like we live in what comes very close to being an elected dictatorship.

Sen. Jeff Sessions (R-Ala.) asked the Secretary specifically, “Do you think you can act without Congress to initiate a no-fly zone in Syria?”

He was visibly quite taken aback when Panetta responded.

“Our goal would be to seek international permission, and we would come to the Congress and inform you and determine how best to approach this — whether or not we would want to get permission from the Congress…I think those are issues we would have to discuss as we decide what to do here.”

The defense secretary made it clear to the senator that the primary objective would be to first secure international approval for military action, and then tell the Congress what they might decide to do, after which the administration would consider asking for congressional approval.

After Sessions expressed  his complete dismay at the secretary’s clear intent to exclude Congress, which possess sole constitutional authority to declare war, from the decision making process, Panetta defended his position.

“I’ve also served with Republican presidents and Democratic presidents who always reserved the right to defend this country if necessary.”

Secretary Panetta correctly asserts that every president has rightfully reserved the authority to defend this country, if necessary. But I would also argue that a no-fly zone, or any other offensive military action in Syria, is far from necessary to defend the United States.

As might be expected, there was no shortage of criticism from Republicans, much of it aimed at the administration for  seeking international permission rather than the president usurping Congress’ constitutionally delegated war powers. I won’t name names, but many Republicans, who either pretended to be outraged or were genuinely upset, had no issues at all with previous Republican administrations using the military for offensive wars without prior permission from Congress.

But that’s another article…

Frankly, what surprises me is not Panetta’s claim that the president has unlimited authority to wage war without Congressional approval. Lots of presidents, both Republicans and Democrats, have claimed that authority, at least since Truman’s decision to intervene in the Korean War without consulting Congress. What surprises me is that anyone in the Obama administration still feels obligated to provide any kind of legal cover.

Yet Secretary Panetta did bother to offer a up a fig leaf, asserting that the president has the right to defend this country without obtaining prior permission from Congress. I do think it is worth analyzing this statement, since it can illustrate something about what powers the Constitution actually delegates to the federal government when it comes to waging defensive war.

So was Panetta correct about a president’s right to defend this country without permission from Congress?

The Short Answer is, yes.

I’m unaware of any reliable constitutional scholar who would deny that the president is empowered by the Constitution to repel an invasion of U.S. territory. In their book, Who Killed the Constitution?: The Fate of American Liberty from World War I to George W. Bush, Kevin Gutzman and Tom Woods explain the Framers’ intent.

“Although the Constitution withholds from the president the power to commence hostilities, the Framers did envision a defensive presidential power to respond to attacks in extreme cases that will admit of no delay.”

However, equating the initiation of a no-fly zone, air strikes against foreign military targets, or the commitment of ground forces, however small or covert, in a country located on the other side of the planet with “defending” our country is simply “rhetorical nonsense — nonsense upon stilts.”, as Jeremy Bentham once described a different set of ideas I happen to embrace.

Even if the Assad regime, or the insurgents who might overthrow it, presented a clear and present danger to the United States, that would hardly justify military action without a declaration of war from Congress. As Kevin Gutzman and Tom Woods pointed out in the same chapter of their book, “Even when Japan attacked Pearl Harbor in 1941, President Franklin Roosevelt did not retaliate on his own authority but went to Congress for a declaration of war.”

There is no constitutional basis whatsoever for engaging in offensive warfare unless the decision to do so is made by Congress. For a more detailed examination of this question, I highly recommend reading constitutional scholar, Robert G. Natelson’s article, “Obama’s Libyan Operations are Unconstitutional”. His piece systematically dismantles the flimsy arguments of those who would try to portray Obama’s actions in Libya as somehow “less than war”, or an attack on Syria as a defensive operation.

Even though it appears that U.S. military action in Syria may be off the table for now, it’s still important to examine the arguments surrounding this conflict and previous ones as well. When arguments are made in support of unconstitutional wars in the future, those of us who wish to support and defend the Constitution can be better prepared to explain and articulate the very limited war powers delegated to the executive branch, in order to educate others who may still be on the fence.

What Do We Do About it?

And for those who do still care about the Constitution and the rule of law, the next question must be, “What then do we do about it when those in power simply refuse to abide by the Constitution?”.

I’m personally convinced that the internal checks and balances built into the federal government broke down long ago and are, for all practical purposes, useless at this point in history. The three branches of the federal government conspire to usurp more power at least as often as they act to limit each other’s power. That’s why many concerned citizens, frustrated by the failure of elections to arrest the progress of tyranny year after year, insist that there’s just going to have to be a revolution at some point. But the federal system established by the Constitution provides at least one final structural protection against tyranny that does not involve popular resistance, secession or full scale revolution. That protection comes from the power of the states.

In his “Exposition of the Virginia Resolutions of 1798”, Judge Abel P. Upshur asked the question, “Is there, or is there not, any principle in the Constitution of the United States, by which the States may resist the usurpations of the Federal Government; or are such usurpations to be resisted only by revolution?”

I certainly believe that there is such a conservative principle in the Constitution, otherwise I would not be writing this. And thankfully, the Tenth Amendment Center has been providing model legislation for several years, specifically designed to help state legislators make use of that conservative principle, otherwise known as state nullification.

But can state nullification provide an effective check against an out of control president determined to wage unconstitutional wars? I certainly believe it can. But in order to work, it requires the people of the several states to shift their focus from Washington, D.C. to their state capitals.

Defend the Guard legislation is designed to reassert the authority of governors over their Army and Air National Guard troops. Many people are unaware of the enormous role played by Army and Air National Guard in overseas military operations, without which the occupation of countries such as Iraq and Afghanistan would be virtually impossible.

Constitutional Homeland Security

Under the Constitution, the organized militia (now called the National Guard after the 1903 Dick Act) may only be called into duty by the federal government in three specific situations. According to Article I, Section 8; Clause 15, the Congress is given the power to pass laws for “calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”

The organized militia was intended by the Founders and Ratifiers to be defense force and nothing more. Deployments outside the country were not considered, and neither were internal deployments in pursuance of powers that were not delegated to the federal government.

Congress has passed numerous laws in the past 100 years giving the federal government additional authority not mentioned in the Constitution. But without amendment, altering the enumerated powers by legislative fiat is, in and of itself, unconstitutional. Campaigns in states around the country are working to reassert the authority of governors over guard troops.

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But that’s not all. Other state nullification bills designed to limit the power of the presidency have been introduced as well. The Liberty Preservation Act, for example, is a state-level response to constitutional violations in the National Defense Authorization Act of 2012.

In many ways, resistance to executive usurpation and tyranny has just begun at the state level. But make no mistake, the struggle is on, and it mustn’t cease. Rather, it must be escalated. Because as much as many of us would like to believe that Congress will suddenly grow a spine, or that the federal judiciary will rein in the imperial presidency sometime soon, such a hope is unrealistic at best.

The states on the other hand, haven’t been completely subordinated, and it’s through them that We the People still have a chance to prevent Caesar from completing his crossing of the Rubicon.

The post Executive War Powers Have Strict Constitutional Limits appeared first on Tenth Amendment Center.

Amazingly, these words are from United States Supreme Court Justice, Ruth Bader Ginsburg, in a New York Times article entitled ‘We the People’ Loses Appeal With People Around the World.

The article goes on to quote a number of “Law Scholars”, Professors, Foreign Judges and our own Supreme Court Justices, all lamenting that our Constitution is out of touch with the modern world.

One may dismiss the above quote coming from Ginsburg, a dedicated Socialist who worked for the A.C.L.U., has advocated the use of foreign law in shaping her opinions and has shown little respect for our Constitution throughout her career.

However, her  fellow Justice, the supposedly ultra-conservative and strict constructionist Antonin Scalia is quoted as saying “ The bill of rights of the former evil empire, the Union of Soviet Socialist Republics, was much better than ours…we guarantee freedom of speech and of the press, big deal. They guaranteed freedom of speech, of the press, of street demonstrations and protest, and anyone who is caught trying to suppress criticism of the government will be called to account. Whoa, that is wonderful stuff!”  All I can think of saying is, Holy C&@p!

It is very frightening that these “reputable” scholars and Justices do not understand the meaning and intent of the Constitution they have sworn to honor and uphold.  The drafters and ratifiers would be appalled at how the Supreme Court has “interpreted” a document meant to secure the rights of the people, not grant rights.

These scholars seem to forget that thirteen individual and sovereign entities declared independence and fought a long bloody war to secure that independence against a tyrannical central government.  These States created and then delegated certain limited and enumerated powers to their own central government in the hopes of securing the blessings of “Life, liberty and property (happiness)” to them and their posterity.

The contentious debates during the State ratifying conventions were replete with concerns that they were delegating too much power to the central government. It was only because a “Bill of Rights” was promised to allay those concerns and …”in order to prevent misconstruction or abuse of the (federal governments) power that further declaratory and restrictive clauses should be added” that the Constitution was even ratified, and only by three votes in New York!

James Madison in Federalist number Forty-Five states: “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

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Most scholars seem to forget that there were thirteen individual Constitutions already guaranteeing “freedom of press, religion, speech, fair trials, and the right to keep and bear arms” long before the United States Constitution came into being. It was these individual and sovereign states and their constitutions, created by the people that protected their individual rights and liberties, not the United States Constitution or Federal government because neither were yet created!

The United States Constitution was eventually adopted by the people of those States as a means to secure the liberties of the States united.  The “scholars” quoted in the article do not seem to understand that the created cannot be greater than the creator. The States created the Federal government and its Constitution to protect their interest, not the rest of the worlds as some may believe. In fact, who cares what they think anyway.

NOTE: The preceding was recorded at the close of Tenther Radio Episode 37 on February 29, 2012. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The post Yes, They DO Hate the Constitution! appeared first on Tenth Amendment Center.

“The 10th amendment.  hmmmm…which one is THAT?”

Seriously?  Yup.  Over and over.  And over.  We heard the same question.  At first, with all the Tenther hype coming from people like Rick Perry, Newt Gingrich and other mainstream conservatives, and the fact that at a recent Fox News/YouTube debate, the 10th Amendment was the highest requested question from conservatives around the country, I thought people were joking.  Or, maybe they were testing us to see if we knew what we were talking about.

But no, I was wrong.  A large number of the people we interacted with at the biggest and most mainstream conservative event in the country had no clue what the 10th Amendment even is.

And they wonder how this country could end up with someone like Barack Obama?  Yeah, well, that’s another column altogether.

After being asked that same question about the 10th a dozen or so times, I decided to give a much simpler reply.  Like this – “The 10th Amendment is the one that says that feds are only allowed to do certain stuff.  That stuff is in the Constitution.  Everything else is left to each of the states as we the people decide.”

That got some really positive responses.  Good, because it’s true.

PRACTICAL EXAMPLES

After I got home to Los Angeles, I started to think about that question more and more  And yes, while the basic principle I shared with people in DC is true, I recognize that people want and need to see practical examples of how something like this is actually playing out.

Talking about how things “should be” is one thing.  But sharing examples of how people are taking action on constitutional issues right now is far more powerful – in my opinion.

When it comes to the Constitutional “rule of construction” known as the 10th Amendment, and actions being taken around the country to reject federal laws, regulations and mandates enacted outside the scope of their constitutional limits – there are loads of examples to share.

In a quick one-on-one conversation, I’ll still continue to give my short version answer about the 10th, but in a forum like this, there’s a great opportunity to share a bit more.  Like this….

“The 10th amendment is the one that says the feds can only do the few things allowed to them in the Constitution.  And…that means people like you are empowered to do something about it when federal politicians violate those rules.  In fact, people around the country are doing something about issues all across the political spectrum right now.  They’re standing up and saying something that you and I should be saying to DC every single day…”

NO!

That’s right.  A law passed outside the limits of the Constitution is no law at all.  It’s an act of usurpation.  And when the federal government passes “laws,” regulations…and mandates that aren’t authorized by the Constitution, you are not bound to obey them!

HAPPENING RIGHT NOW

Being early in the year, this is the time when state legislatures are working with people to find ways to say NO to Washington DC.  Here are some of what I consider to be the biggest and best examples happening around the country today.

1. Banning Health Insurance Mandates

Last fall, 66% of Ohio voters, and a majority of every single political demographic, approved Issue 3 – the Ohio Health Care Freedom Amendment.  This state constitutional amendment says that “no law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system.”

Ohio is the 10th state to pass something along these lines – a Health Care Freedom Act.  And there are six other states considering similar measures already this year.

Keep track of all the activity on this front here:
https://tenthamendmentcenter.com/nullification/health-care/

2. Rejecting Indefinite Detention

Ten years ago, if you would’ve called the Patriot Act “moderate,” I probably would have puked.  But in comparison to what Barack Obama signed into “law” on December 31, 2011 – primarily sections 1021 and 1022 of the National Defense Authorization Act – that Bush-era tragedy for American liberty is mild.

When due process is eliminated, these so-called “indefinite detentions” are little more than government-sanctioned kidnapping.  And, personally, I believe any person who kidnaps should get some serious ramifications – whether they work for the government or not.

Tennessee is currently considering a bill that would do just that – sanction federal agents with kidnapping charges in that state.  Other states are taking the position that they will provide absolutely zero material support in any way with the federal government on this issue.  The Virginia House of Delegates passed a bill which would make law that no agent of the Commonwealth could participate in supporting the Feds in arrest without due process.  The vote on that bill?  A whopping 96-4.

So far a total of six states are considering similar bills, what we call in our model legislation here at the Tenth Amendment Center, the Liberty Preservation Act.

Harder to tame than a willful statehouse might be a cluster of counties, towns and cities, each one individually working to Nullify these new kidnapping powers through local law. In just days, a number of localities began to consider similar legislation, and already seven have passed – most recently, Northampton, Mass.

Expect many more to join them soon.  Follow the activity here:
https://tenthamendmentcenter.com/nullification/ndaa/

3. Advancing Constitutional Money

With the economy coming apart at the seams, a growing number of people would like to see Article I, Section 10 of the Constitution followed.  It states that “No State shall… make any Thing but gold and silver Coin a Tender in Payment of Debts.”

Seems pretty straightforward.  But this hasn’t been followed in ages.

Following Utah’s lead from last year, five other states are working on legislation to allow sound money to actually be used without sanction.  And while this is really just scratching the surface, it’s moving faster than waiting for Washington DC to somehow give up its power to inflate and bail their friends out.

Stay informed of progress on Constitutional Tender Acts here:
https://tenthamendmentcenter.com/nullification/constitutional-tender/

THERE’S PLENTY MORE

Rejecting mandates, restoring due process, and supporting sound money.  These are just three important issues that define what’s happening in the Tenther Movement today.  But there’s so much more.  There are states around the country that are considering similar actions on issues like 4th Amendment violations by the TSA, to 2nd Amendment violations by the BATF.

From mandates to milk. From weed to wars without declaration. And everything in between. Very little of what the federal government does today is authorized by the Constitution.

But even though the establishment politicians and establishment media will never tell you this – we don’t have to sit around and take it.  When 25 states refused compliance with the REAL ID Act of 2005, that law remained on the books in Congress, was never challenged in Court, but was rendered virtually null, void and unenforceable in most of the country.

Saying NO works.

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When enough people stand up and say NO to Washington DC, and enough states follow their lead and pass laws backing them up, the feds are going to have a hell of a time trying to force their unconstitutional “laws,” regulations….and mandates…down our throats.

NOTE: The preceding was recorded at the close of Tenther Radio Episode 36 on February 22, 2012. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The post The Tenthers are Coming! appeared first on Tenth Amendment Center.

At least that’s what I think he reviewed. He called the film Nullification: The Original Remedy and claimed Citizens United produced the documentary. The fact that we showed the movie in the Citizens United Theater at CPAC apparently confused our fearless reviewer.

In his online bio, Pierce claims he “has been a working journalist since 1976. He is the author of four books, most recently Idiot America.”

Perhaps things have changed since 1976, but when I attended journalism school a few years ago, my professors put a lot of emphasis on getting basic facts correct. You know; things like the title of the movie you’re reviewing. And the producer. Granted, sometimes ascertaining facts can prove difficult. It takes a little effort and research. In journalism 101, I learned the importance of talking to people involved in my story to gather information and confirm my assumptions.

For instance, if I were reviewing a film, I would want to talk to the director or perhaps a cast member from the movie. In fact, Pierce had that opportunity, as Jason Rink, the director and producer, Michael Boldin, the executive director of the Tenth Amendment Center, and I were all in the room and accessible during the entire showing of the film.

Crickets.

To his credit, Pierce did issue a correction and an apology. You can read it here.

But Pierce’s intellectual sloppiness rivaled his journalistic sloppiness.

He excels at the straw man argument, and he sets up two in the opening paragraph.

“You really have to give them credit for what they’ve built — a completely self-contained universe with its own laws and its own history, eminently comfortable and eminenly (sic) seductive. Nowhere is this more obvious in their tacit devotion to the government of the Articles of Confederation. You see, all of them here are devoted Tenthers, which is better than calling yourself a ‘states-rights person,’ because that still has some unpleasant resonance with events in Mississippi in 1962, although it’s coming back into vogue.”

First, he sets up the Articles of Confederation straw man, and then hands the scarecrow a race card. He revisits these ideas throughout his piece. At one point, Pierce quotes Virginia Attorney General Ken Cuccinelli on separation of powers and then quips, “And thus do New York and New Jersey once again stare daggers at each other across the Hudson because of import duties.”

The comparison is absurd. The framers included interstate commerce regulation among Congress’ powers specifically to prevent import duties. No Tenther would ever deny the federal government’s role in that area. Pierce cleverly torches the straw man – a government under the Articles of Confederation, but fails to address the actual assertion – that we believe the framers meant what they said when they claimed they were creating a federal government of specific, limited powers. We don’t devote ourselves to the government created under the Articles of Confederation, but the federal government promised by Madison in Federalist 45.

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce; with which the last the power of taxation will for the most part be connected. The powers reserved to the several States will extend to all objects which, in the ordinary course of affairs, concern the lives, liberties and properties of the people, and the internal order, improvement and prosperity of the State.”

Speaking of Madison, we find Pierce’s most legitimate intellectual achievement in his pointing out that the fourth president tried to scurry away from his support of nullification later in life. Basically, he was for it before he was against it. But does his later vacillation invalidate the soundness of his earlier reasoning? Were there political considerations that led to his public backtracking late in life? And did he completely repudiate the principles underlying nullification? (Hint, he did not.) Pierce fails to address these questions. As for Jefferson’s unwavering support of nullification, our fearless journalist brushes off the author of the Declaration of Independence as “a bit of a wackadoo.”

Pierce wraps his second straw man up in a KKK robe, implying that nullification must be racist because John C. Calhoun defended it during the tariff crisis between 1828 and 1832. But Calhoun did not advance the doctrine on behalf of slavery. In fact, his slave holding, while morally repugnant, has nothing to do with nullification whatsoever. Pierce uses an ad hominem attack on Calhoun to prop up his straw man. As Pierce himself alludes to in his review of the movie, northern states nullified fugitive slave laws, which seems a powerful endorsement of the doctrine. Ironically, abolitionists actually USED Calhoun’s nullification arguments to justify their actions on behalf of fugitive slaves and cited him by name. And while we’re on the subject, staunch opponent of nullification, Pres. Andrew Jackson, was also a slave-owner. So it logically follows that his arguments against the doctrine of nullification aren’t valid, right?

Or perhaps I should give Pierce the benefit of the doubt and assume his desperate need for me to address Calhoun comes from his sense that the nullification crisis of 1832 represents the pinnacle of failure for the doctrine. But does it? Ultimately, the South got some tariff relief when all was said and done. One could argue that the outcome speaks to the effectiveness of state interposition.

Truthfully, I am probably being too generous, because Pierce repeatedly returns to the racism meme.

“But what is truly missing from the film, in which nullifiers are anti-slavery heroes,is (sic) the use to which nullification was put in the civil rights struggle of the 1950’s and 1960’s. Martin Luther King specifically cited it in his speech on the Mall in 1963.”

Yes, bigots used the notion of “states’ rights” to advance the cause of segregation. There – I said it. But can we take a moment and step away from the emotional appeal of Pierce’s argument and think a little deeper? Does the fact that some people applied the idea in a nefarious way invalidate the entire principle? Does the fact that murderers sometimes use hammers to kill people negate the tool’s value in pounding nails?

Here we have one instance of a gross use of nullification. Opponents relentlessly pound the race straw man until the stuffing pops out. Yet lovers of big powerful central government fail to ever mention that nullification was used in defense of free speech, to protect immigrants, to advance economic freedom, to fight involuntary military conscription and to battle slavery itself.

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At its core, nullification is about decentralizing power. And while proponents of big-government can point to the civil rights era as a great victory, on balance centralized power has decimated minorities. Doubt me? Ask the Ukrainians under Stalin, the Jews under the Nazi regime, Armenians under Ottoman rule and Cambodians under Pol Pot.

Or Japanese-Americans under Roosevelt.

No, Mr. Pierce; nullification is not about slavery. We are not racists. We simply believe that the federal government should remain, as Jefferson put it, bound by the chains of the Constitution. Pierce can paint us as extremists all he wants, but it seems to me the true extremists are those who insist the federal government should remain free to do whatever it damn well pleases.

NOTE: The preceding was recorded at the close of Tenther Radio Episode 35 on February 15, 2012. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The post Esquire: Lies and Race-Baiting to Promote Central Power appeared first on Tenth Amendment Center.

Over the last week, we’ve seen people never before interested in the work of the Tenth Amendment Center logging on to our website, quoting us in news stories, and emailing to ask how they can help. These folks span the political spectrum from left to right; Republican, Democrat and independent, and even the generally apathetic.

The idea that your government can kidnap you seems to have lit off a firestorm.

Some scoff at the use of the word “kidnapping,” calling it hyperbole designed to stir up emotions. But what else can you call it?

kidnap: verb (used with object), -napped or -naped, -nap·ping or -nap·ing.
to steal, carry off, or abduct by force or fraud…

When you remove due process from the equation, arrest becomes nothing more than sanctioned kidnapping. Americans know this. We may suffer from frequent bouts of apathy, but we aren’t stupid.

Just yesterday, I received and email from a dear woman in Washington state.

Mr Maharrey;  My husband served his country for over seventeen years, While in the Submarine Service. We as a family paid the price for our rights. How many Veterans now wish they had not wasted the time away from of their families. Yet sacrificed for our freedom.  Only because Congress and Senate have written laws like these and many others. This one tops them all.

Americans understand the draconian nature of these detention provisions. Now, many previously disengaged stand ready to fight.

I say, welcome to the party!

But make no mistake; this can’t end simply by rolling back the detention provisions of the NDAA alone, as important as that is. It took 100 years or more of  federal government power grabs  to bring us to this place.

In August 1974, Pres. Gerald R. Ford told a joint session of Congress, ” A government big enough to give you everything you want is a government big enough to take from you everything you have.”

Many Americans cheerlead as the federal government take on roles never authorized by the Constitution. During the 1930s, large numbers of Americans praised FDR for his “New Deal.” They lauded Pres. Johnson for his “Great Society.” On the other side of the political spectrum, conservatives praised Pres. George W. Bush for the Patriot Act and clamored for a bigger badder “War on Drugs.” Federal environmental regulations, food regulations, health care acts, TSA gropes – the list goes on and on. Americans sat by quietly as the feds exercised more and more powers not delegated.

Why?

Because we thought those were “good” things. The government was trying to solve problems we knew needed solving. As long as we viewed those ends as justified, we ignored the unconstitutional nature of the means.

Surprisingly, it looks like Gerald Ford was right.

Because today, we see in the detention provisions of NDAA the legacy of 100-plus years of federal growth

This is not the federal government our founders envisioned. They created a general government with limited powers, leaving the rest to the states and the people. Read closely the words of James Madison in Federalist 45.

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce; with which the last the power of taxation will for the most part be connected. The powers reserved to the several States will extend to all objects which, in the ordinary course of affairs, concern the lives, liberties and properties of the people, and the internal order, improvement and prosperity of the State.”

The framers limited the scope of the federal government for a reason. They knew something like NDAA would eventually come down the pike.

At the Tenth Amendment Center, we don’t trust government power at ANY level. We know power corrupts. We know state and local governments do their fair share of nasty things. But we also recognize decentralization checks power. If government power is bad, centralized government power is much worse.

Think of it this way: a cup of bleach is quite caustic. It can quickly burn skin and ruin clothes. Now dump that cup of bleach into two gallons of water. It can still whiten your clothes, and the bleach still retains a bit of a kick, but it can cause much less damage when diluted.

Make no mistake; the Tenth Amendment Center aims to render the detention provisions in the NDAA null and void. But we won’t stop there. Our ultimate mission is to return to a proper balance of power between the states and federal governments, as intended by the founders and expressly stated in the Tenth Amendment. Our agenda is really quite simple: follow the Constitution every issue, every time, no exceptions, no excuses.

Become a member and support the TAC!

If we successfully fight NDAA detention and stop there, we’ve done nothing but mow the grass. We must pull it up by its roots. We must dismantle the unconstitutional system that exists in the U.S. and return to the system intended by those who created it.

As Thomas Jefferson wrote, “In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”

So for those of you new to all this, thanks for stopping by! Welcome to the party. We hope you’ll stick around for the grand finale.

NOTE: The preceding was recorded at the close of Tenther Radio Episode 34 on February 8, 2012. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The post Welcome to the Party! appeared first on Tenth Amendment Center.

Back in 2005, the Bush Administration got the REAL ID Act slammed through Congress – and a lot of people from all across the political spectrum were pretty upset about it.  The ACLU was clearly part of that.  In fact, in September of 2005, they registered a domain name which is still active today – realnightmare.org.

By January of 2006 (or possibly even before), they were already leading the charge nationally to oppose the previously passed federal act.  Their new website was live and offering a LOT of good information about the problems with REAL ID.  One of the most interesting sections of that website was part of their main header navigation – a button called “in the states”   Here’s the text from that page as it stood on January 18, 2006:

The Real ID Act does not directly change driver’s licenses – instead it threatens the states by stating that the federal government will not accept their citizens’ IDs unless the states change their laws.  As a result, the Act cannot enter into effect unless the states change their laws and appropriate funds. This page will monitor and track such legislation, and other developments within the states.

Interesting.  Unless I’m mistaken, it sounds to me like the ACLU was recommending that states refuse to comply with the REAL ID Act of 2005.  And, in fact, many states followed that advice over the next few years to some great effect – and the ACLU tracked those actions on that very page.

For those of you who follow our work here at the Tenth Amendment Center this probably sounds quite familiar.  On our legislative tracking page and through our state model legislation – this is pretty much what we do today.  We encourage people to get active locally.  We encourage states to refuse compliance with unconstitutional federal acts.  And we provide model legislation on various issues to help in this process.  Our goals?  To render as many unconstitutional federal acts null and void – or simply unenforceable – in the states.

And whether the issue is mandates, or regulations, or monetary policy, or the TSA – this method has been gaining more and more traction, and even major media attention, over the last few years.

Fast forward to today – in sections 1021 and 1022 of the 2012 NDAA, the US Federal Government has committed one of the worst attacks on your liberty in the history of this country.  I never thought I’d see the day when George Bush, John Ashcroft and the PATRIOT Act seemed “moderate.”  They weren’t, of course – but in comparison to what Barack Obama signed on December 31, 2011, they’re not even close.

Within days of that so-called law being signed by Obama, a number of good people, including Blake at the Rhode Island Liberty Coalition – started working on draft legislation to reject this unconstitutional monstrosity at the state level.

And today, within just a few weeks, already two counties have passed resolutions denouncing the act.  Three states are considering binding laws to help nullify the act – and we have firm commitments from many others around the country to consider the same in the very near future.

So what happened when Rhode Island State Representative Dan Gordon reached out to his state’s ACLU chapter on this?  He tweeted about it on January 30:

The RI ACLU chapter said they are opposed to #NDAA but won’t support my resolution due to it’s 10th Amendment assertion #ThePeoplesCaucus

— Rep. Dan Gordon (@RepDanGordon) January 31, 2012

Maybe in Rhode Island, the ACLU has got a rogue chapter – or maybe not.  But either way, here’s an important message for the ACLU –

The 10th Amendment IS part of the Bill of Rights!

Look, I get it.  Every one’s got an agenda.  We do too.  The Constitution – every issue, every time. No exceptions and no excuses.  That’s our agenda.

But, that obviously doesn’t fit with what most other political organizations are trying to accomplish.  We know that.  That’s why we’re often a bit of an island here at the Tenth Amendment Center – debating with everyone.    John Adams probably said it best when he wrote:

…”I would quarrel with both parties and with every individual of each, before I would subjugate my understanding, or prostitute my tongue or pen to either.”

So that’s us – principled to a fault, I guess.  But, we are most certainly willing to work with just about anyone and just about any group on single issues.  We don’t have to be in total agreement on everything to push back against the feds on one particular thing – that would be a recipe for disaster.  A recipe that some – just might want it seems?

Bottom line – we want to work with as many different people as possible on various issues.  The more we can find common ground with others, the greater chance we have in winning – for liberty.

On just about every issue, there’s Downsize DC.  On privacy, indefinite detentions, and more, there’s the Bill of Rights Defense Committee.  On mandates and spending, there’s the Tea Party, the Heritage Foundation, CATO Institute and others.  On 8th Amendment violations and habeas corpus issues, there’s World Can’t Wait.  On rejecting corporate bailouts, there’s the Occupy movement.  On local efforts, there’s Oath Keepers and the Free State Project.  On unconstitutional wars, there’s Antiwar.com.  On the federal reserve, there’s Campaign for Liberty and the Sound Money Center.  On the TSA there’s We Won’t Fly.  And on the NDAA – there’s well – it should be just about everyone.

And that includes you too, American Civil Liberties Union.  You’re entrenched, you’re well-funded, and if George Bush was in office, I’m convinced that you’d be setting up a new website, NDAANightmare.org – and working with people on a local or state level to reject these new federal kidnapping powers.

So – you hate the 10th Amendment.  Fine.  Maybe you don’t want the federal government limited to powers delegated to it in the Constitution. Maybe you incorrectly think the 10th Amendment is only available to certain political persuasions.  I don’t actually care why.   All I care about is this – people who oppose the new NDAA Kidnapping law doing something effective to put it to an end.

In fact, there’s already model legislation to reject the NDAA, and we’re going to see it introduced all around the country.  Some versions are much like what you at the ACLU helped push in response to the REAL ID Act – noncompliance – and those say nothing about the 10th Amendment.

We’ll continue to push versions of that legislation that include the 10th – because the NDAA purports to give the Feds powers that were never delegated to them in the Constitution.  And, you can be safe in activating your supporters to get involved in the non-10th Amendment versions.  We will support those too.  All these efforts will help get people involved in stopping the NDAA, just like you did for years against Real ID.

Become a member and support the TAC!

So let’s work together on this issue – or pretend we’re not.  It doesn’t really matter.  But, if you claim to oppose the NDAA, you’ve got two options.  Stand up and say no.  Or admit you’re lying.

Nothing else will change a thing.

NOTE: The preceding was recorded at the close of Tenther Radio Episode 33. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The post Message to the ACLU: The 10th Amendment is Part of the Bill of Rights! appeared first on Tenth Amendment Center.

There’s another GOP Debate this week, number twenty or so, I’ve lost count. If it’s anything like the previous debates, Gingrich will attack Romney, and Santorum will attack Paul, and Paul will attack Gingrich. And all of them will attack President Barack Obama. Then the media will rehash it all, putting their respective spin on it.

But I want you to imagine for a moment these headlines the following morning:

-Gingrich Arrested for “Food Stamp President” Remarks!
-Congressman Paul faces Jail, Fines for criticism of Obamacare!
-Obama Gets Last Laugh: Jon Stewart indicted for Seditious Libel!

TAKING IT FOR GRANTED

We take it for granted that during the Presidential Primaries, whoever is in office will be the target of serious criticism by the opposition. There will be negative ads exposing the flawed policies or moral failures of the Commander in Chief. There will be spirited debates between the Republicans and the Democrats over their differences, however slight, on foreign policy, the economy, and the role of government.

We take it for granted that the mainstream media will be free to report on the activities and actions of US Senators, Congressmen, and the President. We take it for granted that, as is often the case, when the mainstream media fails to report on the real issues of the day, we can rely on the alternative media to expose the blatant hypocrisy, fraud, and waste that is regularly perpetrated by those who hold elected office.

WHAT IF?

But what if criticizing the President were Illegal? What if speaking, printing, or publishing a negative opinion about your Congressman was a federal offense? What if, in the United States, it wasn’t just illegal for the average citizen to do this, but also every radio host, every newspaper columnist, every television news anchor, and every candidate for public office. What if it were a federal crime to criticize the government?

What would we do about it?

This isn’t a fictional tale of what could happen in some dystopian future America from the mind of Phillip K. Dick or George Orwell.

It already happened. It happened 214 years ago, during the administration of President John Adams. The year was 1798, when Congress passed and President Adams signed The Sedition Act into law. Just 7 years after the ratification of the Bill of Rights, that document which included as it’s First Amendment to the Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The ink was barely dry on the Constitution when the Adams Administration passed this hateful piece of legislation which made it a crime to publicly or privately say anything that might bring the federal government into ill repute.

We can imagine the debates that might have occurred on the House floor. A handful of legislators in the Jeffersonian tradition warning how this law could be used to silence dissent, shred the Constitution, and eventually prevent free and fair elections from ever taking place again. How can you possibly have fair elections if you can’t criticize the incumbents?

We can imagine President Adams, upon signing it into law, perhaps saying that while he was uncomfortable with portions of the Act, and it was by no means a perfect piece of legislation, it was necessary for the safety and security of our young nation. He may have even assured the citizens that it would never be used against them, not in any way that abridged their Constitutional right to free speech.

BIG POWER = BAD NEWS

But Thomas Jefferson and James Madison knew what would happen. Jefferson wasn’t surprised when Congressman Matthew Lyon from Vermont was imprisoned for criticizing President Adams’ foreign policy. Madison wasn’t surprised when newspaper editors were jailed and printing presses seized.

Jefferson and Madison both knew that whenever the Federal Government–whenever Congress, and the President, and even the Supreme Court–when they conspired together to expand government power at the expense of the liberty of the people, something would have to be done.

They knew that something would have to be done, and that it was up to the States to do it. That’s why, in 1798, Thomas Jefferson and James Madison wrote the Kentucky and Virginia Resolutions. Jefferson said that “whenever the General government assumes undelgated powers, a nullification of the act is the rightful remedy.” Madison said that when the federal government steps beyond its constitutional authority, the States are “duty bound” to resist.

The Sedition Act eventually expired on March 3, 1801. But it’s legacy lives on.

FAST FORWARD TO TODAY

In 2001 President George W. Bush signed into law what Judge Andrew Napolitano calls “the most hateful piece of legislation since the Alien and Sedition Acts”–The USA PATRIOT Act, which granted federal agents the power to write their own search warrants.

We have the Department of Homeland Security and the TSA, which is a direct attack on our 4th Amendment right to be free from unreasonable searches and seizures.

Now, we have NDAA, a bill that gives legal authority to the President to kidnap and perpetually imprison American citizens without due process of law.

But don’t worry. President Obama signed it with “reservations.” You see, it’s not a perfect piece of legislation, but it’s necessary for the safety and security of our nation. And you can be assured that it won’t be used against American citizens. It will only be used against the bad guys.

WHAT DO WE DO ABOUT IT?

Here’s what we’re doing about it.

On February 9th-11th, the Foundation for a Free Society and the Tenth Amendment Center are taking the message of Nullification to CPAC in Washington D.C.

On Thursday, Feburary 9th at 5:30 pm we will be screening the World Premiere of our feature-length documentary Nullification: The Rightful Remedy.

On Friday February 10th, we’ll be holding two special sessions at CPAC – the first at 4:30 – is a more in depth set of speeches and educational information about the 10th Amendment and nullification. The second, at 5:30 – is a dedicated Q/A session for the film – you’ll be able to watch the movie Thursday night, think up some questions and interact directly with a number of people involved in the documentary directly the very next day..

In this film, Kevin Gutzman discusses the Constitutional basis for Nullification, Tom Woods explains the significance of the Resolutions of 1798, Mike Maharrey demolishes the myth that the Tenthers just want to bring back slavery, and Michael Boldin gives examples of how nullification is being used all over the country, right now, to stop the encroachment of federal power. This film also features Stewart Rhodes, Sheriff Richard Mack, Charles Goyette, Debra Medina, Jim Babka, any many others.

This film has the power to educate thousands of citizens and legislators about the 10th Amendment and Nullification, and take this movement to the next level. I want to thank everyone who contributed financially to make this film possible. Advance copies of the DVD will begin to ship in less than 4 weeks.

Become a member and support the TAC!

If possible, we need you to come and support us at CPAC on February 9th, and join us for the World Premiere. We need you to order a copy of the DVD for yourself, and consider ordering one for your State Representative or Senator. Most of all, we need you to spread the word online. Go to NullificationMovie.com to pre-order your copy of the DVD today.

Together, we can spread the word that the states CAN and MUST stop DC.

NOTE: The preceding was recorded live by Jason Rink at the end of Tenther Radio Episode #32. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The post The Power to Educate and Activate appeared first on Tenth Amendment Center.

The United States federal government finds a seemingly endless array of ways to exercise authority it does not rightly possess. But perhaps the widest path to the destruction of state sovereignty winds its way through the Constitution’s commerce clause.

Since the infamous Wickard v. Fliburn case, the feds use the commerce clause to justify virtually unlimited intrusion into nearly every corner of American life. From regulating the nation’s entire health care system to waging a “war on drugs,” federal agents wield power over the states and the people via the commerce clause.

Rep. John Yarmuth reluctantly admitted the truth during a radio interview in August 2010. The show host asked the Kentucky Democrat: what can’t the federal government do if it can mandate Americans must purchase health insurance.

“It really doesn’t prohibit the government from doing virtually anything – the federal government. So I don’t know the answer to your question, because I am not sure there is anything under current interpretation of the commerce clause that the government couldn’t do,” Yarmuth replied.

Of course, the commerce clause was never intended to grant such sweeping power. It was meant to allow the feds to regulate trade across state lines with some ancillary power to regulate shipping and transportation. That’s it. It didn’t grant the federal government the power to regulate manufacturing or agriculture, and it certainly wasn’t meant to allow the feds to interfere with commerce engaged in strictly within a state’s own borders. James Madison alluded to the limits of the commerce regulating power.

“It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.”

Some states are beginning to fight back against federal intrusion into intrastate commerce. Legislatures in Iowa, Florida and New Hampshire will consider bills during the 2012 session that seek to reestablish the states’ control over commerce within their borders. And the Tenth Amendment Center expects a number of other states to follow suit this year.

House File 380 in Iowa reaffirms that the Constitution grants the federal government the power to regulate commerce among the several states, but the power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments. The bill goes on to declare:

All goods produced or manufactured, whether commercially or privately, within the boundaries of this state that are held, maintained, or retained within the boundaries of this state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce.

If the bill passes into law, any agent attempting to enforce federal law in violation of the act would be guilty of an aggravated misdemeanor and subject to appropriate penalties.

The Iowa bill, sponsored by Rep. Kim Pearson (R-Pleasant Hill), was initially filed in Feb. 2011 and will carry over into the 2012 session. Senate File 272, introduced at the same time by Sen. Kent Sorenson, serves as the companion bill.

A second Senate bill, Senate File 385, with 11 co-sponsors, proposes even stricter penalties. It would make it a class D felony to enforce any federal law interfering with intrastate commerce – that’s commerce within Iowa’s borders.

Rep. Matt Caldwell (R-Ft. Meyers) and Sen. Greg Evers (R-Crestview) sponsor the Florida version of the Intrastate Commerce Act. The bills’ language reads similar to Iowa’s, and the Florida act also makes it a felony for any agent to enforce federal law on intrastate commerce within Florida.

The New Hampshire General Court will consider HB1406. The bill, sponsored by Rep. Richard Ockerman (R-Rockingham) and Marc Tremblay (R – Berlin), declares, “all goods produced or manufactured, whether commercially or privately, within the boundaries of the state that are held, maintained, or retained within the boundaries of the state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce.”

The New Hampshire Intrastate Commerce Act does not stipulate penalties for agents attempting to enforce federal law on intrastate commerce.

But the New Hampshire General Court will take up stronger intrastate commerce legislation applying specifically to food grown in the state. HB1650-FN exempts any food grown or produced, and consumed in New Hampshire from federal regulation, providing that “any public servant of the state of New Hampshire as defined by RSA 640:2 that enforces or attempts to enforce a federal act, order, law, statute, rule, or regulation upon a foodstuff labeled ‘Made in New Hampshire,’ that is produced commercially or privately in New Hampshire, and that remains within the state of New Hampshire shall be guilty of a class B misdemeanor.”

Six legislators have signed on as sponsors of this bill.

Become a member and support the TAC!

And Utah will also consider an agriculture-centric version of the Act – Senate Bill 34 “prohibits federal regulation of an agricultural product that remains in Utah after it is made, grown, or produced in Utah, and addresses the designation of a Utah agricultural product.”

Putting a stop the federal government’s abuse of the commerce clause would fundamentally change the way the feds do business. Intrastate commerce acts establish a beachhead. The states must stand up and say, “No! We will no longer sit back and allow you to push us around!” It is our hope the legislatures in Florida, New Hampshire and Iowa will get these bills passed, and that other states will follow suit.

If you want to help get these bills passed, or introduced in your state – go to https://www.tenthamendmentcenter.com/foursteps/ – for ideas on what you can do right now to help stand up for the constitution and your liberty.

For model Intrastate Commerce Act legislation that you can pass along to your state representatives for consideration, click HERE.

To track intrastate commerce legislation across the U.S., click HERE.

The post Not Everything is “Interstate Commerce” appeared first on Tenth Amendment Center.

While the Constitution is clear that the federal government is one of limited, delegated powers – in practice, without popular resistance, the federal government people do whatever they please. They tell us we have to buy a health insurance plan, what size toilet we can have, and what kind of light bulbs we can buy.  They read your emails, listen to your phone calls, monitor your bank accounts – and even claim the power to arrest and detain you indefinitely, without due process.

For far too long, the United States Federal Government has deployed troops to every corner of the world, waged offensive wars without a declaration by Congress, silenced and kidnapped its enemies, authorized the torture of prisoners, engaged in espionage, imposed crippling embargoes, pillaged our resources, taken our property, and destroyed our economy and our environment.

On top of it all, these government people tell us – the sovereign people – what IT has the legal authority to do, instead of the other way around.

And it hasn’t mattered what political party has been in power or what individual has occupied the White House.  Year in and year out – federal power always grows and your liberty is always worse off.

So for those of you who believe that the path to the Constitution and your liberty is not through the federal government – but instead through Jefferson, Madison…..and other state capitols around the country – here’s a few steps that you can take right now.

1.  Contact your state legislators right now.

With state legislative sessions getting underway all over the country, the time to put pressure on your state to nullify unconstitutional federal acts is now.  Not next year, and not sometime this summer.  Not next month or next week.  Today – not tomorrow – right now.

Think of one federal issue that’s extremely important to you.  Focus on just one right now.  Contact your state legislators and politely but firmly demand that they do what Thomas Jefferson and James Madison advised – stand up for the Constitution in your state today.  And it’s easy for them to do this – by introducing a bill rejecting a particular federal act

Let them know that they won’t be alone!  Over the past few years, legislators around the country have been introducing bills to reject federal acts on issues across the political spectrum.   Let them know that you’re watching what they do this year, and that while you recognize they have many legislative ideas on deck already, that you expect them to take action on at least one thing to push back against Washington DC.

Let them know that you can get them help with model legislation and even with talking points  Let them know that we have proof that when enough people and enough states stand up and say NO to Washington DC, there’s not much the feds can do to force their unconstitutional federal laws, regulations and mandates down our throats.

And when you get responses by phone, mail or email – make sure to let us know about it here at the Tenth Amendment Center – info@tenthamendmentcenter.com.

2.  Educate your friends and family

Share as much of this information as possible with friends, family, people you meet who express an interest in limiting federal power.  Some of the most important articles and pages to send to others include:

Thomas Jefferson’s Other Declaration – by Derek Sheriff
The States’ Rights Tradition Nobody Knows – by Tom Woods
The Untold History of Nullification: Resisting Slavery – by Derek Sheriff
The Tenth Amendment Center’s legislative tracking page
Model Legislation from the TAC – to recommend bills for introduction in your state

3. Disobey.  Seriously.

Whether it was the stamp act in the 1760s or the fugitive slave act in the 1850s, to nullify requires people defying government edicts. In the spirit of Thoreau, Martin Luther King, Rosa Parks, and Samuel Adams – when enough people say NO, change can and will happen.   So that’s why step # 3 is to Disobey….Seriously.

Now I’m not recommending that you go out and just start defying every law in existence.  With resistance comes risk – and it’s your choice as to just how much risk you’re willing to take.  And whether that risk is small or great, every bit is essential.

For decades, courageous pot smokers have been defying every law imaginable – on possession, cultivation, commerce and more.  They’ve defied Congress, the Executive Branch the DEA and even the Supreme Court.  And today, because so many people decided that they would make their own decisions about whether or not they could use a naturally-occurring plant – there are now 15 states that have backed them up by passing laws allowing such use.

I’ve asked this question in speeches around the country, and ask it again tonight – when the feds try to enforce a law restricting your right to keep and bear arms, or requiring you to purchase a particular health insurance plan – will you have as much courage as the pot smokers?

4.  Rinse and Repeat

Doing these three steps once and going back to Facebook to look at some food pictures isn’t going to get the job done.  With that, step #4 is simple – rinse and repeat.  Within reason, these steps should become part of your life.  Find time every week to do something – anything – that helps our growing movement succeed in nullifying every unconstitutional federal act.

5.  A bonus action item for you – Join the TAC Team

If you really want to get active, here’s a bonus action item for you.  Consider joining the Tenth Amendment Center team by applying for a role in our state and local coordinator program.   You can do that online at www.tenthamendmentcenter.com/local-coordinators/

SAM’S ADVICE

With an unconstitutional growth of federal power that’s happened for over a 100 years – and seriously accelerated in the last ten – sometimes it’s hard to focus on just what should be done.

Become a member and support the TAC!

These four steps are something that you can do in less than one hour each week.  And while that may not seem like a lot to you, you can always do more too.  But, a little something every week from thousands of people WILL make a difference.  Everyone in our growing Tenther community is extremely grateful for you doing your part for liberty.

In closing, there’s no better way to sum this up than with the words of Samuel Adams – “It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds”

NOTE: The preceding was recorded at the close of Tenther Radio Episode 30. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The post What you can do right now for the Constitution and your Liberty appeared first on Tenth Amendment Center.

How the New Indefinite Detention Provisions can be used on Americans

Congress just passed, and the President just signed, a bill that gives legal authority to the President to kidnap and perpetually imprison persons, including American citizens, without the benefit of due process.

Members of Congress, in the days leading up to the vote, tried to assure their constituents that they have nothing to fear — that the bill doesn’t apply to Americans.

Some were lying. Most were deceived.

Now, I don’t want to imply that Barack Obama plans to sweep up every one of his critics (or even a select few) because of statements they’ve uttered publicly. That is overstatement. The law doesn’t permit that. But consider the following scenario…

You object to the way the Federal Leviathan State is run. You gather, every other Tuesday, with others who share your values. We’ll call your fictional group the Constitution League (CL).

One night, a new fellow shows up. He’s frustrated and outspoken. He complains that the time for meetings is over. Something must be done — something that will “get their attention.” You’re uncomfortable with his remarks but unsure how to respond.

You hope he never returns, and he doesn’t.

What you don’t know, until months later, is that one of our CL colleagues, the chapter Vice President, followed the vocal man out to the parking lot. The two exchanged email addresses and phone numbers. Then, your local VP reached out to a third man, a member of a CL chapter in the nearest big city. The three met regularly. They plotted and executed their own terrorist plot on a U.S. Government facility.

Now, your group meeting was the place they met. The Vice President used his CL email account. CL is all over the news. CL is now, for all intents and purposes, a terrorist group.

And you? Well, you’ve donated to the terrorist organization. You’ve participated in its meetings. The night this angry man walked in, you didn’t call the authorities.

* Can the President have the military come and arrest you? Yes!
* Can he (or she) send you to a military tribunal for trial or just hold you indefinitely in a military facility, without charges? Yes!

Even the bill co-sponsor, Senator McCain, appears to agree with this assessment. Senator Rand Paul asked John McCain, on the Senate floor, “…under the provisions, would it be possible that an American citizen could be declared an ‘enemy combatant’ and sent to Guantanamo Bay, and detained indefinitely?” McCain responded, “I think that as long as that individual, NO MATTER WHO THEY ARE, if they POSE A THREAT to the security of the United States of America, should not be allowed to continue the threat.” {Emphasis Added}

Wait a minute. Wasn’t there a provision in this bill that exempted Americans?

Despite what your Congressional office may have told you (if you called during the debate over this bill) the answer to that question is an emphatic NO!

The relevant sections of the bill are 1021 and 1022.

* Section 1021 asserts the President’s authority to arrest suspected (not convicted) terrorists and gives him the option to choose whether or not they even get a trial, and if so, what kind of trial.

* Section 1022 requires that a certain class of terrorist get no trial. Instead they must be held in military prisons, for as long as this President, or any future President desires.

SECTION 1021

Section 1021 is very expansive in its reach. It “includ[es] any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”

* Who is “any person?”
* What is a “belligerent act?”
* What is “direct support?”

One could be safe in assuming these words mean whatever a creatively-minded prosecutor, a flexible judge, and an ignorant jury define them to mean — EXCEPT THAT, UNDER THIS ACT, ONE MIGHT NEVER GET AS FAR AS A COURT HEARING.

These terms will be defined by the bureaucrats in power.

They could be used against political opponents.

1021 has NO exceptions. There’s not even a hint of an exception. Remember, that section gave the President the authority to arrest you and a set of options on how you were to be handled. These choices are completely divorced from the 4th, 5th, 6th, and 8th Amendments, as well as the Treason provisions of Article III. The President’s new alternatives are…

1. Detention without trial by the military
2. Trial by a military commission
3. Trial by some other court of the President’s choosing
4. Shipping you off to a foreign jurisdiction (info here)

SECTION 1022

1022 is a REQUIREMENT — a binding mandate upon the President. President Obama threatened to veto the bill, but only because he feared 1022 would restrict his power too much. https://gawker.com/5866210/jon-stewart-bashes-obama-for-backing-indefinite-detention-bill

This section is for your fellow CL members/plotters. Whereas, you got snatched up for “support” or “aid” to the plot, they actually carried out an attack, or as the section itself indicates…

“…participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.”

Section 1022 requires the President to go with option #1 above — the other three options are off the table. In other words, no trial, either in a civilian court or military tribunal.

In the final version of the bill, after a public storm started to erupt, the title of the section was changed to indicate that it only applied to “foreign al-Qaeda terrorists.” However, titles are not normally considered part of the law but merely summary descriptions to the reader of a bill.

But this title is especially IRONIC, because it’s this section that includes the so-called exemption for American citizens. Why would you need to exempt American citizens from a section of law that applies to “foreign al-Qaeda terrorists?”

The answer is because the section applies to any kind of “terrorist,” domestic or foreign, no matter what the title says.

And here’s the so-called exemption, with the key word highlighted…

The REQUIREMENT to detain a person in military custody under this section does not extend to citizens of the United States.

That means that military custody, without a trial, is mandated by law, but that the President, at his discretion or by written policy, may issue a waiver on the basis that a person is an American citizen.

If this provision was a true safeguard for American citizens, then the line would’ve been written like this…

Military custody of citizens of the United States is still prohibited under this act.

See the difference? It’s a requirement that can be waived at discretion, as opposed to a prohibition.

Become a member and support the TAC!

Now, do you realize Congress has given the Federal State the power to use military detention on its own citizens? And that they’ve made it possible to wage a war on peaceful activists, if they can just incite someone in your group to attempt something violent?

Don’t worry. It’s not like the FBI is busy infiltrating meetings, entrapping some dullard into a plot, equipping and financing his efforts, and then claiming credit for stopping another terrorist attack! Oh wait, that’s happened about 40 times since 9/11.

Thus, to complete our story, the angry man who showed up at the CL meeting might’ve work for the FBI. And he duped two idiots in your group, who put you and your fellow members in legal jeopardy.

This new law is that serious. President Obama has claimed he won’t use this power. All that needs to happen now is a provocative incident. Then, all bets are off. Since these nearly unlimited, un-constitutional powers are now law, this President, or a future one, will be able to kidnap and disappear Americans. It could very easily be open season for the police state.

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Jim Babka is the President of Downsize DC Foundation and DownsizeDC.org, Inc.. DownsizeDC.org will soon launch a campaign to repeal these sections from the law.

Copyright © 2012 by Jim Babka. Permission to reprint in whole or in part is gladly granted, provided full credit to the author, DownsizeDC.org and TenthAmendmentCenter.com is given.

The post NDAA: Open Season for the Police State appeared first on Tenth Amendment Center.

With the Tenth Amendment Center team constantly focusing on what’s next, it’s easy to lose sight of how far we’ve come already. Looking in the rear view mirror, 2011 was big, but 2012 is looking to become a watershed year for us.

The past 5 ½ years have been a whirlwind of progress. But, we realize we wouldn’t be where we are today without the continued support of proud Tenthers like yourself. Special thanks goes out to you for contributing in your own way to this growing Tenther Revolution!

From mainstream media attacks and events around the country, to Obamacare and TSA nullification efforts growing in the states, we’ve helped educate and activate people nationwide not only on just what the Constitution authorizes the federal government to do, but what exactly you should do when those strict Constitutional rules are violated.

Our efforts have seen triumphs and setbacks – and at times they may have seemed trivial. But, each step of the way has been yet another step forward in our mission. That’s the Constitution. Every issue, every time. No exceptions and no excuses.

In what felt like a monumental task, I wanted to share with you an overview of the year 2011 for both the Tenth Amendment Center, and the national Tenther Movement. From events to milestones to media coverage and the like – keep reading to see our favorite memories and milestones…

Sheriff Mack in Phoenix

JANUARY: KICK OFF

We started the year working hard to get the word out to state legislators that it’s not just a good idea, but it’s their duty to stand up and say no to unconstitutional federal acts. As a result, states around the country were considering nullification as the rightful remedy to everything from federal gun regulations and Obamacare, to the EPA and an overbearing FDA.

(see our legislative tracking page here)

Sheriff Richard Mack joined Stewart Rhodes, Gary Johnson, Charles Goyette, Robert Scott Bell and others at the relaunch of the Nullify Now! tour in Phoenix. More than two-hundred joined us that day to learn how to stop DC at your state line.

FEBRUARY: FIRST IN THE NATION!

In February, the Idaho House became the first legislative body in the country to pass the TAC’s Health Care Nullification Act – a bill that rejected not just health insurance mandates, but the entire Patient Protection and Affordable Care act. Our model legislation states, in part:

Idaho Nullification Hearing

***the “Patient Protection and Affordable Care Act” interferes with the right of the People of the State of _____________ to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”***

While the bill didn’t end up passing into Idaho law, the massive amount of media attention paid to the issue gave legislators in other states the idea that they could – and should – use nullification too. A small setback was clearly leading to larger breakthroughs for the future.

MARCH: MORE EVENTS

In March, the Nullify Now! tour rambled on to Cincinnati and New Hampshire. Both were special events, but the Ohio one was quite unique. Held at the National Underground Railroad Freedom Center – in the Harriet Tubman Theater – Nullify Now! Cincinnati focused heavily on the story of Joshua Glover. Joshua escaped slavery to freedom in Wisconsin, only to be arrested a short while later. Federal agents held Joshua for a short time before the people there – in large numbers – decided that this man wasn’t supposed to be just sent back to slavery in the south. Instead, they broke him free. A later case had the Wisconsin Supreme Court calling upon the Principles of 98 to justify resistance to Federal Fugitive Slave laws in what was a widespread effort by Northern States to nullify slave laws.

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Please Consider a Gift to Help Keep the TAC Active – and Growing. We Need Your Help!

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Two weeks later, we were on our way to New Hampshire. Actually, it was a little less than two weeks as we decided to use the federally-funded AmTrak as a protest against the TSA. 70+ hours on a train was fun, but not a convenient way to travel on a regular basis! It was good to connect with many long-time supporters in New Hampshire, visit the studios of Free Talk Live (which runs the LRN.FM network rebroadcasting Tenther Radio!), and spend some time with our good friends Mike Rogers and family. Mike – thanks for all your amazing support. You really went above and beyond the call of duty, and we were proud to make you our first Tenth Amendment Center lifetime member!

APRIL: UPPING THE ANTE

Two days before getting to Nullify Now! Austin, Rachel Maddow gave the TAC a nice, big gift. She spent nearly 15 minutes on MSNBC attacking our work specifically and the Nullification movement in general. In my response, posted here and on LewRockwell.com I pointed out that Maddow was obviously little more than a partisan hack, ignoring the left-wing Tenther Movement which is pushing back against with State Marijuana Laws and by nullifying George Bush’s Real ID Act.

Rachel Hearts the TAC?

Instead, Rach decided that anything opposing the liberal cause in DC by nullifying on a state level – well these were the only things worth noting and “reporting” on. Guess she wanted to alarm her uninformed audience that a bunch of right-wing nuts wanted to restore slavery…and legal weed. Well maybe not the latter!

Undeterred, people around the country were gravitating more and more towards these principles. And in North Dakota, just two weeks after Maddow’s hit piece, the Governor signed a version of the Health Care Nullification bill into law – the first state to do so.

The high point was when our national communications director, Mike Maharrey, found a report about the TSA practically molesting the former Miss USA, Susie Castillo. After dealing with the TSA, she recorded a powerful video where she explained her ordeal. Mike felt that this was a story that needed to be told. And while the video still had just a handful of views, he quickly put together both a featured article and a press release which went out from the TAC within hours.

Over the next few days, reporters and websites everywhere were talking about the lady who had been molested by the TSA – “legally” of course, according to the federal government. The anti-tsa movement kicked off by our friends at WeWontFly.com just months earlier had gone mainstream.

MAY: LEGENDARY

Boldin at the Presidential Debate Rally

At the beginning of May, I was invited to speak at the Presidential Debate Tea Party Rally in Greenville, South Carolina. Also on the speaking lineup were Ron Paul, Peter Schiff, Stewart Rhodes, Nikki Haley and many others. Scheduling for a long event is often difficult and I ended up – at the last minute – pulling the short straw…meaning, I had to speak right AFTER Ron Paul. Two days later at an educational event in SoCal, I had to speak right AFTER Tom Woods. Um – am I being punished for something?

That month, Trenton, Maine became the fourth town to declare food sovereignty – passing a local ordinance that nullified some federal laws and regulations on farming and commerce. Will more do so around the country. Later in the year, Highland City, Utah joined in, and we expect many others to do so in 2012 too.

May was capped off by the Nullify Now! tour coming to our hometown, Los Angeles. In a town where there are no active tea parties – this was our biggest one yet. Anthony Gregory, John Dennis, Stewart Rhodes, Scott Horton and others joined Tom Woods, who gave what many have been calling a speech for the ages.

JUNE: WE’RE FIVE!

In June, we hit a big milestone, our five year anniversary. Standing on principle has become easy for us since the organization was founded in 2006. In the past five years we’ve been regularly called communists by neo-cons and racists by neo-libs. Both sides seem to agree that strict adherence to the Constitution – as we relentlessly demand – is dangerous to their mission of centralized power.

Thank you for getting us to our first five years. We’re looking forward to many more with you in the future!

With funding gifts that you gave us for our anniversary, we were able to get a number of new things going – most prominently, Tenther Radio. Our first show featured Tom Woods and Heather Fazio – broadcast through BlogTalkRadio.

Tenther Radio is broadcast every Wednesday evening at 8pm Eastern and 5pm Pacific. Host Michael Boldin and rotating co-hosts talk with top experts, newsmakers, and tenther activists every week. Call the show with questions or comments at 213.785.7848 and stream the broadcast LIVE at radio.tenthamendmentcenter.com

JULY: EXPANDING OUR REACH

In July, I was invited to submit a guest column to Bob Livingston’s Personal Liberty Digest, which has a very large audience. I opened with a simple message:

“We don’t need no stinkin’ permission to exercise our rights. We need to exercise our rights whether the government wants us to or not.”

Since then, I’ve written a column at least once each month and hope to continue doing so in the future. This helps us reach more and more people to educate and activate them on the principles of the 10th Amendment.

AUGUST: NULLIFICATION IN MISSOURI!

Vicky and the NN-KC team!

August brought us the vote on Proposition C in Missouri – the Health Care Freedom Amendment. It passed by a huge margin – making part of the state Constitution that “No law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.”

Two weeks later, a we had a packed house for Nullify Now! Kansas City. How we could have put that amazing event together without the endless hours and dedication from our friend Vicky Colleti? Well, it would’ve been impossible.

A Rasmussen poll released in August revealed that 54 percent of likely U.S. voters believe that states should have the right to opt out of federal programs they don’t agree with. In other words, more than half of Americans now embrace the Constitutional concept of state sovereignty.

SEPTEMBER: MOVIN’ ON UP!

John and Michael: New Digs!

With three months of shows and a steady and increasing audience, we felt it was time to upgrade Tenther Radio. With funding from our 5 year anniversary, we were able to put together an entry-level professional-grade studio. John Michaels spent a few weeks in LA both on vacation and getting the new system set up. The first show on the upgrade – maybe a little much to take on with a new system – was a live post-GOP Debate special, with a co-host and two field correspondents reporting from events in Austin, TX and Los Angeles, CA. We think it went quite well!

The show now streams live through an application provided by Mixlr, and this gives us CD-quality sound in both the live and archived shows. Audience size has been growing more since then – so we’ll take that as a big thumbs up!

Previous public opinion polls and now the GOP debates were making clear that the general public felt that the 10th amendment was of the utmost importance to them. The number 1 viewer question at a September 22nd debate was this – “There’s growing concern among Americans about the size and scope of the federal government and its infringement upon state and individual rights. If you’re elected president, how do you plan to restore the 10th Amendment, hold the federal government only to those enumerated powers in the Constitution, and allow states to govern themselves.” (see it here)

OCTOBER: OVER THE TARGET

The much-lauded G. Edward Griffin gave the Tenth Amendment Center a resounding vote of approval when he informed his newsletter subscribers about a TAC article. He wrote: “When Winning Becomes Losing” is the title of this excellent analysis of why the left/right illusion has led the country into ruin and why winning elections is meaningless if our principles do not win. This will help you resist the argument that you should not vote for your candidate of choice because “he can’t win.” Thank you, sir!

Although they had issued a few “warnings” about the Tenth Amendment Center and our Nullify Now! tour previously, the Jacksonville event brought with it a full-on hit piece from the Southern Poverty Law Center. We invited them to come on Tenther Radio to discuss the “report” that they did without speaking to a single representative of the TAC at the event. They declined – to even respond, that is.

Instead of a direct conversation, Mike Maharrey went through their article and rebuked it – pretty much line by line. He wrote:

“A Twitter page profile describes (SPLC writer Ryan) Lenz as a “Writer and journalist.” Now if by “journalist,” we mean one capable of stringing words together in a reasonably coherent fashion, yeah, OK. But if it means journalist in the professional sense, as in one who seeks out the truth and attempts to report it in a fair and objective manner. Well, not so much.”

NOVEMBER: A GROWING MOVEMENT

November showed us the power of individuals and small groups to put a stop to unconstitutional federal acts. The “milk freedom riders” flouted current federal “laws” and regulations by purchasing and transporting raw milk across state lines. They proceeded to the steps of the building housing the FDA offices in Maryland and consumed the contraband, challenging the federal thugs “I drink raw milk. Arrest me!”

In New Mexico, the US Forest Service under the USDA was threatening to arrest county commissioners because they had flouted federal regulations unconstitutionally preventing them from making decisions about how to deal with an overgrown forest in their area. Otero County Sheriff Benny House reportedly advised the feds that if they made any arrests, he would then arrest the feds on kidnapping charges. The feds backed down.

Brad Rogers, Elkhart, IN county sheriff, sent a letter to the Department of Justice – warning them to stop bothering a local raw dairy producer. He wrote: “any further attempts to inspect this farm without a warrant signed by a local judge, based on probable cause, will result in Federal inspectors’ removal or arrest for trespassing by my officers or I.” The local sheriff won that battle – again.

The people of Ohio joined the nullification movement with a bang on the the eve of the 213th anniversary of the passage of Thomas Jefferson’s Kentucky Resolutions of 1798. Ohioans passed Issue Three, a constitutional amendment to preserve their right to choose their own health care and health care coverage. Preliminary returns indicated a wide margin of victory, with more than 60 percent approving the amendment. The amendment makes it illegal for any local, state or federal law to require Ohio residents to purchase health insurance, effectively nullifying a key component of the PPACA.

DECEMBER: RAMPING UP

Another note of praise from G. Edward Griffin. Mid-month, he had this to say in his newsletter: “Tenth Amendment Center founder Michael Boldin explains the origin and importance of the Bill of Rights. Very important history lesson. [Be sure to listen to the audio.]”

The biggest news? Thanks to your help, our friends at the Foundation for a Free Society were able to put together a 9th inning comeback – and get the Nullification Movie fully funded for final production and a premiere at CPAC! Now we’ll have a powerful new tool – a documentary film – to educate people on just what you can do to stop the Feds at your state line. Special thanks has to go out to TAC 5-year member Matthew Silber – who dedicated plenty of time with graphics for the DVD, for t-shirts, movie posters, ads, and more. If you’ll be going to DC in February, please join us for the first public viewing of the Nullification Documentary!

We think it’s fitting that to close out this 2011 Year in Review, it should be pointed out that we received yet another attack in the media – this time in the Huffington Post just before Christmas. What do they call you when you stand up for The Constitution – every issue, every time – no exceptions, no excuses?

The “radical Tenth Amendment Center.”

They called the Founders radical too – so we’ll just wear that label with pride.

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P.S. THANK YOU! AND PLANS FOR 2012

Those two words sum it up quite nicely – thank you. We wouldn’t be where we are today without your help. We couldn’t get the word out without you sharing our posts on Facebook, through Twitter, and the like. Without your subscription to our newsletter – and of course – without your financial help. We’ve got just a short way to go to get the first 6 months of 2012 funded – and your help will keep us moving forward in this long struggle for the Constitution and liberty.

Some things we’d like to do in 2012? First of all – continue our upward path – reaching, teaching and educating more and more people. We’ll be doing events at CPAC, plus Nullify Now! in Philadelphia. We’ll continue bringing in more high-quality experts and guests to Tenther Radio. We’ll continue our outreach to state legislators around the country. We expect to see as many as 10-15 states – not just Texas all alone – standing up and saying NO to TSA searches that violate the 4th Amendment. We’d also like to build and expand a dedicated Tenther News website, host a weekly 30 minute news radio show to counter the mainstream bias, and expand our efforts on YouTube with weekly “Constitution Quick Tips” videos – These will be professionally-produced video segments that highlight – and correct – common misconceptions about the constitution today. These are short videos of 5 minutes and under – to keep them interesting and educational for young people and the general public. We’d like to get nullification efforts off the ground in response to both the Patriot Act and the NDAA, plus continue our work to push for food freedom in cities, towns and states too. Expect Utah to be a leader in the food freedom movement for 2012!

Each step we take is another step forward. But we cannot succeed with out your help, and the funding to mount principled and effective campaigns against unconstitutional “laws,” regulations and mandates. We do not (and will not) accept government grants or contracts, nor do we have an endowment or any corporate backing.

If you believe in our mission and want us to continue with more success in 2012, please consider a year-end gift to the Tenth Amendment Center (HERE) or join us as a member (HERE). Whether it’s $5 or $500, your help goes a long way, and we’ll continue doing what we do – standing up for The Constitution. Every issue, every time. No exceptions, no excuses.

There’s a lot that has happened so far, and there’s much more to come. As Judge Andrew Napolitano famously put it in a 2009 state sovereignty rally speech – “In the long history of the world, very few generations have been granted the role of defending freedom in its maximum hour of danger. This is that moment and you are that generation!”

From everyone at the Tenth Amendment Center, we wish you and yours a a very happy, healthy and prosperous new year. We are honored to play a role in this great movement for the Constitution and liberty, and truly look forward to being a part of that with you for years to come.

The post 2011 Year in Review appeared first on Tenth Amendment Center.

Please Help us Today!

by Michael Boldin

NOTE: Recorded at the close of Tenther Radio Episode 26, the following is a special Bill of Rights Day message from Michael Boldin. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

I want to wish you a very Merry Christmas – a Merry Christmas from myself, and everyone who works to make the wheels turn behind the scenes here at the Tenth Amendment Center.

Being able to do the work that I do – something that I love and have passion for – is a gift like none other.  Even with all the hard work, the long hours, the attacks from both left and right – I consider this the greatest gift in the world.  I’m truly lucky to have the Tenth Amendment Center as my life’s work.  Without all of you who listen, who read and who support our work in so many different ways, this conversation would not be happening right now.

Thank you for this gift you’ve given to me personally and all of us at the Tenth Amendment Center.

GIFTS AIN’T EASY

I’ve always had trouble with the standard American holiday-season gifts – felt kind of uncomfortable with them – ever since I was a little kid.  Maybe it’s because I have spatial issues – and can’t wrap a present worth a damn.  Maybe it’s because I was taught at an early age that life wasn’t about accumulating “stuff” – it was about being a good person and finding real happiness in what’s already around us.

Or maybe I just learned something practical from our family getting what was known as “government cheese” when I was young.  What might that be?  Well, in the case of government providing a food product – sometimes gifts just suck.

I’m just not good at gifts, and I’m really not good at asking for them either.  But here I am, leading a 5 ½ year old organization that’s helping change the national political discussion.  Because of this, I really need to learn how to do this, and do it now.

So here goes – and please bear with me as I give this my best shot.

As we approach Christmas – and the end of 2011 too – can you please help us continue our work at the Tenth Amendment Center with your most generous gift possible?  We really, really need your help right now!

[You can help us out with a gift at https://tenthamendmentcenter.com/help/]

PROJECTS HAPPENING, AND PLANNED

I’m not talking about some massive money-bomb kind of funding, we only need a total of $10,000 to ensure that our base operating costs are covered for the first half of 2012.

We’ve got the Tenther Radio show to produce and grow, more Nullify Now! events to schedule, a large monthly web hosting bill, and more.

John Michaels, who has been doing production for Tenther Radio for six months now, has been working 10-15 hours every week for just $200 a month.  That works out to somewhere around 5 bucks an hour.  Bryce Shonka, our deputy director, has been working at a rate of just 10 dollars an hour for almost three years now.

These men are just two of the many examples that I can share about people who have dedicated their time, their energy, and their passion to help this Tenther Movement reach the mainstream – which has been happening for some time now.  And this doesn’t even take into account the many people who work without pay entirely – the volunteers who help us spread the word, the members of our TAC team who contribute their time and energy without a promise of financial return, and even send us yearly pledges of up to $72 each for the opportunity to hold the TAC mantle in their state.

Bottom line?  We all pitch in as much as we can – our energy, our sweat, and our hard-earned dollars – at every opportunity possible.  But, we can’t expect every person to do this forever, and we need to be able to pay some of our basic expenses to continue our work for the Constitution and your liberty.

YOU. THE FUEL THAT DRIVES THIS THING

The only way to do this is with your help.  So, in this season of love, remembrance and giving, please keep the Tenth Amendment Center in your mind, your heart, and yes – I don’t how else to say it other than by being direct – your wallet too.

We just need a minimum of $10,000 to cover our basics – to continue our mission for The Constitution. Every issue, every time. No exceptions and no excuses.

But, we cannot succeed with out your help, and the funding to mount principled and effective campaigns against unconstitutional “laws,” regulations and mandates. We do not (and will not) accept government grants or contracts, nor do we have an endowment or any corporate backing.

Beyond our base expenses, there are so many other projects that are ready to be launched or expanded.  And with just a little more help from you, we could get moving on them right now.

• Building and growing our own Tenther News website – to provide you a place to stay up to date on all the news around the country with a 10th amendment perspective provided too.  This is already in beta and just waiting to be improved and expanded.
• Constitution quick tips on YouTube.  These will be professionally-produced video segments that highlight – and correct – common misconceptions about the constitution today.  These are short videos of 5 minutes and under – to keep them interesting and educational for young people and the general public.
• A weekly 30 minute radio news program to counter the bias in the mainstream media – and complement the commentary that we do here every Wednesday already.
• Expanded outreach to state legislators around the country – educating them on what they can and must do to stand up for the Constitution in your state right now.
• And much more.

 
THANK YOU!

Ten thousand is the minimum that we need to continue what we’re doing right now, and twenty will help us launch a whole BATCH of new projects.  We know you can help us reach these moderate goals too.  When we contacted you recently to help our friends at the Foundation for a Free Society finish up the Nullification Documentary project, you came through in a big way.  The goals were hit and beyond.  The final production of the film is being done right now, and we just got confirmation that we’ll be at CPAC in February to premiere the film to a large, mainstream audience.

About 200 people came together to help make that happen, and now we’ll have a powerful tool – a documentary film – to educate people on just what you can do to stop the Feds at your state line.  Some people gave as little as 5 or 10 dollars and others gave thousands.  People like Mike Rogers, Gary Fairman, Thomas Moore and Brent and Connie Backus, all came together to give as much as they could – and a quick thank you right now is most certainly not enough to express our gratitude. But, thank you – each and every one of you.  So whether you can give $5 or $5000 to help the Tenth Amendment Center continue our work in 2012 – please help us today. (HERE – https://www.tenthamendmentcenter.com/help/)

Become a member and support the TAC!

A BRIGHTER FUTURE

We believe in our work here at the Tenth Amendment Center.  We believe that while the path to the Constitution and your liberty might be a long, winding road – the cause is right and just. As more and more people come to believe in these great principles – eventually we’ll have a slew of amazing new gifts in this country.  Freedom, for example, would be a great new beginning for all of us.

Your gift to the Tenth Amendment Center right now will help us continue to play our part in the growth of this great movement…for liberty.

Thanks for reading. Here’s to wishing you a very Merry Christmas!

The post Merry Christmas! appeared first on Tenth Amendment Center.

NOTE: Recorded at the close of Tenther Radio Episode 26, the following is a special Bill of Rights Day message from Michael Boldin. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.
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Today is an important day in American history.  On December 15, 1791, the first ten amendments to the United States Constitution – known as the Bill of Rights – came into effect through the process of ratification by the States.

Most people have their own view of what the purpose and effect of the Bill of Rights was supposed to be.  Some think it authorizes DC to enforce a nationwide free speech zone. Others think it requires the Feds to protect the right to keep and bear arms in every nook and cranny in the country.  And others think that there must be a nationwide separation of church and state in every state, county, city and town.

To those of you who believe that federally-run education in this country has destroyed public knowledge of the Founders’ Constitution, my next comment is no shocker – all of these people are wrong.  According to the founders, that is.

THE BASICS

First, we have to understand why we even have a Constitution – and thus – a Bill of Rights.

The entire founding generation toiled under the tyranny of the King of England, a king that had no virtually no limits on his power.  He could make rules as he went, change them on a whim, and change them back. He could seize your property, your labor or your life – and you could do almost nothing about it.

Because of this, the Constitution was written to spell out the limited powers delegated to the federal government. And it was clearly understood that this government had no powers that weren’t delegated to it in the Constitution.

The original Constitution contained no Bill of Rights.  Many of the Framers felt it wasn’t necessary since the Constitution clearly enumerated the few powers delegated to the federal government.  They thought any further restrictions would be redundant.

However, some of them thought there could be misunderstandings. So a Bill of Rights was proposed – and some states ratified the Constitution only on condition that those amendments would be added, which happened a few years later.

A PREAMBLE?

Adding a preamble to a legal document was common practice at the time.  It could indentify the parties, list important facts, and explain the purpose of the document.

Many people are unaware that, like the main body of the Constitution, the Bill of Rights had a preamble too – explaining its purpose.

So what was this purpose?  No better way to answer that question than in the words of the founders themselves – the preamble to the Bill of Rights:

The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added…

Rob Natelson, in his book The Original Constitution explains what this means:

“Thus, some of the proposed amendments were “declaratory…clauses” (that is, rules of construction) designed to “prevent misconstruction” of the Constitution by explaining how the instrument should be interpreted.  The rest were “restrictive clauses” to prevent “abuse” of federal powers by creating external limitations curtailing those powers.” [emphasis added]

The important message here is that the Bill of Rights doesn’t apply to you, it doesn’t apply to me, it doesn’t apply to any person at all. It applies to the federal government.

NOT THE STATES? NO WAY!

Maybe it’s because most people weren’t taught that a Preamble to the Bill of Rights even existed, or maybe because they confuse the word “constitutional” with the word “good” – but it’s quite rare to find someone who doesn’t disagree with the preamble to the Bill of Rights.

Many opponents claim things like…

“The 1st Amendment is the only one that mentions just Congress, so the rest apply to everyone and not just congress.”

“The states agreed to the Bill of Rights, and combined with the Supremacy clause, that means the states can’t violate those parts of the constitution.”

While there are others, these are some of the most prominent reasons people give for – essentially – disagreeing with the Founders themselves on the Bill of Rights.

Each could use a full discussion on their own, but the important points are:

1.  The First Amendment – this was the only Amendment which specifically prohibited the making of a law.  When the Founders wrote the word “law” in the First Amendment, they meant it. And Congress was the only branch of government that was supposed to make law.  So today, while we have an executive branch that makes law through executive order, and a judicial branch that legislates from the bench; at the time of the founding it would have been absurd to include either of those branches in an Amendment preventing the making of law.  And that’s a big part of why the 1st starts with the words “Congress shall make no law…”

2.  Claiming that because the states ratified the Bill of Rights that it somehow meant each amendment applied to the states too is just bad logic.  Think of it like this – You and twelve business partners own an apartment complex.  You hire a person to manage the property, and give him some rules about how you want your property run.  He follows your rules pretty closely at first, but eventually he starts showing up at the homes of all thirteen of you.  He starts demanding that each of you follow the rules for the apartment building that you gave him – in your own homes!

Absurd?  Absolutely. Rules created by employers for their employee don’t necessarily apply to the employers too – unless specifically agreed upon in advance.  In the case of the Bill of Rights, in the Preamble the employers told the employee (the federal government, that is) that it would have new rules, not them.

And if that logic-defeating logic weren’t enough, James Madison hammered it home in his famous speech introducing the Bill of Rights.  In it Madison proposed that the Bill of Rights have three distinct restrictions on the states.

He said: “No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.”

What happened?  Congress considered Madison’s proposal to have some of these new restrictions apply to the states.  They rejected it.

FEDERAL RESTRICTIONS

The end result?  The body of the Constitution primarily tells the federal government what it is allowed to do. The Bill of Rights tells the federal government what it is not allowed to do, such as the following non-exhaustive examples…

1. Make no law abridging freedom of speech, press, religion, or assembly.
2. Do not infringe on the right to keep and bear arms.
3. Do not “quarter” soldiers in peacetime.
4. Do not conduct unreasonable searches and seizures, and don’t issue warrants without probable cause.
5. Do not force people to testify against themselves.
6. Do not deny a speedy trial to a person accused of a crime.
7. Do not deny trial by jury to an accused person..
8. Do not impose excessive bail.
9. Don’t assume that this is an exhaustive list of rights.  Just because some are listed doesn’t mean the people don’t have others.
10. Don’t exercise any power not delegated in this Constitution.

THE LESSON

What’s the big message behind all this?

Centralization of power is always bad, even when it appears to have a good short term result.  For every time you approve of the federal government taking on a new power for things YOU approve of, you’ve just authorized your opponents to do the same for things you oppose.

That’s why every person who advocates using the federal government to make abortion illegal nationwide has just authorized the other side to make abortion legal nationwide when THEY are in power.  Get that, Rick Santorum?

And, every person who advocates forcing every state to allow marijuana to be legal has just authorized their opposition to ban it in the entire country when THEY are in power.

The same principle can be applied to just about every issue we face

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DECENTRALIZATION FTW!

The system we have today puts almost all decisions about the fate of your liberty into the hands of nine unelected, unaccountable, politically-connected lawyers.  Not a good place for any society to be.

How do we fix this mess?  The first step is to stop going to the federal government to fix problems that are actually caused by the federal government itself (most are!). Doing so is not just an absurd idea, it has led us to the place we are in today.

Moving forward to the principles behind the Bill of Rights – decentralization of power – will bring you a huge step closer to liberty.  It’s an idea whose time has come.

The post Bill of Rights. FTW! appeared first on Tenth Amendment Center.

“The liberties of the freest people are in danger when they set up symbols of liberty as fetishes, worshipping the symbol instead of the principle it represents.”
–Wendell Phillips

NOTE: Recorded at the close of Tenther Radio Episode 25, the following is a special message from Michael Boldin about principles of the founders – timeless principles for liberty.
The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The Constitution was written and ratified by people who shared certain core principles and values. No, they didn’t agree on everything, of course, but there were some basics that undoubtedly found strong consensus.

As we read in Rob Natelson’s book, The Original Constitution, “those who thought the Constitution would further those values and principles tended to be Federalists. Those who thought the Constitution subversive of those values and principles tended to be Anti-Federalists. But all agreed that the nation’s basic law should be structured to further those values and principles.”

You won’t find, for example, too many of the founders advocating for gun control. I know of none. This tends to be quite confusing to many people today when considering the fact that these same founders wrote the 2nd Amendment, and the entire Bill of Rights for that matter, to apply to the federal government only, and not the states.

So while they created a system where state governments could have significantly restricted the right to keep and bear arms, they didn’t advocate for such actions. The short version, the reason why? Like most things, the founders felt that the best way to promote liberty was through decentralization of power, as the 10th Amendment enshrines in the Constitution.

But my goal here isn’t to talk about the 2nd Amendment, it’s to talk about foreign policy. And, as discussed here for two weeks in a row, the founders had a pretty strong consensus on foreign policy. George Washington and Thomas Jefferson both strongly advocated a foreign policy of peace, trade – and one without “entangling alliances.”

James Madison considered war to be the greatest threat to liberty. And James Wilson told us this about the Constitution, “This system will not hurry us into war; it is calculated to guard against it.”

Why? Because a clear core principle of the founding generation was liberty, and because war, as Madison told us, was considered liberty’s greatest enemy, they set up a system to promote peace and avoid war.

The founding generation, starting years before the ratification of the Constitution, wanted to do everything possible to avoid war – and to wage it only as a matter of self-defense.

The colonial militia at Concord held their fire even after the British had fired upon them, killing two Americans. It was only when one of their commanding officers yelled “Fire, for God’s sake, fellow soldiers, fire!” that they actually fired upon the British. Three months later they still sent what was known as the Olive Branch Petition to King George in an attempt to avoid all-out war.**

When Thomas Paine began a series of pamphlets in the Winter of 1776 with the words, “These are the times that try men’s souls….” – he continued on to sum up this view quite well:

“Not all the treasures of the world, so far as I believe, could have induced me to support an offensive war, for I think it murder; but if a thief breaks into my house, burns and destroys my property, and kills or threatens to kill me, or those that are in it…am I to suffer it?”

These weren’t however, just principles and values for the times. The founders crafted a Constitution – deliberately – to promote these core values and principles – for the ages. “We are not forming plans for a Day, Month, Year or Age, but for Eternity,” wrote John Dickinson, the penman of the revolution.

So while the founders created a system of government where a state, like Massachusetts for example, could set up a system of health insurance mandates on the people there, one would be pretty hard pressed to find anything from the founders advocating such a thing. They also set up a Constitution with an amendment process – but does that mean that the founders advocated for a repeal of the 2nd Amendment? Of course not.

And when it comes to foreign policy, their core principles also hold true over time. When the Founders advised peace and avoidance of entangling alliances, they meant it. Of course, on this and just about everything else, those of us who believe in following the path of the founders regularly hear the offensive cliché that, “times have changed.”

A recent commenter on the Tenth Amendment Center website best summed up this view when he wrote – “We must not … faithfully attempt to hitch our wagons to an anachronistic 18th century foreign policy approach in the 21st century.”

The obvious question, then, is this – if the foreign policy of the Founding Fathers is “anachronistic” then what other principles of theirs should we discard for being out of touch with our modern times – freedom of speech, warrants, the 2nd Amendment?

It’s hypocritical to dismiss certain founding principles simply because a convenient rationale is needed to justify certain policies today. And as soon as you decide that a core principle of the founders is old, anachronistic, or should be avoided in regards to policy decisions you personally favor, you’ve just encouraged your opponents to do the same for policies they favor – and you oppose.

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The principles enshrined in the Constitution do not change. If anything, today’s more complex world cries out for the moral clarity provided by holding true to these principles from the Founding Fathers.

When the Founders advocated peace as an American foreign policy, they didn’t do so for their own particular time, for their own personal advantage, or even for just strategic reasons. They did so as a core principle – for the ages.

The post Politicians Blow with the Wind. Principles are Timeless appeared first on Tenth Amendment Center.

NOTE: Recorded at the close of Tenther Radio Episode 24, the following is a special message from Michael Boldin about next week’s show on Pearl Harbor Day, covering war powers and the Constitution..
The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

I want to close the show tonight by – well – inviting you to tune in to next week’s show, at 5pm Pacific time on Wednesday December 7, 2011.

This is not your normal “tune in next week…” message. December 7 being the anniversary of the Pearl Harbor tragedy in 1941, we’re going to spend most of our time on something that’s not discussed enough in constitutional circles – war powers and the constitution.

We’ll be joined for nearly 40 minutes by someone who is probably the nation’s leading expert on war powers, Dr. Louis Fisher – who spent four decades working at the Library of Congress as Senior Specialist in Separation of Powers, and is currently Scholar in Residence at the Constitution Project.

Dr. Fisher has been invited to testify before Congress about 50 times on such issues as war powers, state secrets privilege, NSA surveillance, CIA whistleblowing, covert spending, presidential impoundment powers, and plenty more. When it comes to an understanding from the perspective of the founders – he’s got few equals.

This week, Tenth Amendment Center national communications director, Mike Maharrey, started this conversation with an extremely important article entitled “I love George Washington. Except for his Foreign Policy.” In it, he points out what I consider to be a troubling, and very glaring inconsistency in the views of many self-professed supporters of the Founders’ Constitution today – their views on the constitution and foreign policy.

Mike tells a personal story of his own views on foreign policy. He writes:

“Over the last year or so, I’ve been struggling to redefine my views on foreign policy. As a former neo-conservative, I enthusiastically embraced the invasion of Iraq in 2003. I readily accepted the notion that military force serves as a legitimate tool for nation-building.”

He continues…

But it doesn’t take a doctorate in foreign relations to understand that U.S. policy has forged a tangled mess of contradictory alliances and obligations, and created a much more dangerous world. I’ve gradually come to accept that military intervention in foreign affairs typically causes more damage than good and that the whole concept rests on morally dubious grounds. Who am I to point a gun at another man’s head and demand he practice “democracy”?

Mike goes on to explain how he used to, like many others still do today, consider such foreign policy views, which are most commonly put forth by Ron Paul, to be quackery. But, in his study of the founding generation, he recognized that such views line up pretty closely with the stated positions of a president that’s actually revered by most Americans – George Washington.

Here’s a little of what Washington had to say about foreign policy in his 1796 farewell speech:

“The great rule of conduct for us in regard to foreign nations is in extending our commercial relations, to have with them as little political connection as possible.”

He continued…

“It is our true policy to steer clear of permanent alliances with any portion of the foreign world…”

Now, Washington, like all other humans, certainly had his flaws, and had flaws as a president too. But, how often do you hear people admonishing Washington’s foreign policy views? I never do.

So, while we hear many people today – especially conservatives – say that they really like the constitutional viewpoints of a person like Ron Paul, they’ll commonly turn around and say, well, “except for his foreign policy.” But the fact of the matter is this – virtually all of the founders held this kind of foreign policy viewpoint, and because of that alone, it should never be called quackery…unless you consider the founding fathers a bunch of quacks.

Thomas Jefferson summed it up perfectly in his 1801 inaugural address: “Peace, commerce, and honest friendship with all nations — entangling alliances with none.”

James Madison, father of the constitution, put is this way – “Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.”

Jefferson, Madison, Washington – they strongly opposed foreign policy interventionism. They all opposed wars that did anything but repel invasions here in America, and they also advised against the kind of favored-nation status that is used so often in American foreign policy today.. That should be convincing enough, but they were far from alone, and this was the highly prevalent view of foreign policy from the founding fathers.

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Do conservatives today – who often say that they want to return to the constitution, to the vision of the founders…do they really mean it? Or, do they actually mean – “We need to get back to what the founders set up – domestically only.” Well maybe it’s just that the government-run school system in this country has done its job – hiding the true history and principles that made up the American Revolution. That makes sense to me, because I can’t think of any other reason why people who profess to revere the founders so much would find their foreign policy views to be…well, so foreign.

So please tune in next week – as we’ll dig far deeper into not only these personal policy views of the founders, but just how they intended our constitutional framework to be set up in regards to war and foreign policy. The future of liberty in this country just may depend on us learning about it.

The post Peace and no Entangling Alliances: Did this View Make the Founders a Bunch of Quacks? appeared first on Tenth Amendment Center.

NOTE: Recorded at the close of Tenther Radio Episode 23, the following is a special Thanksgiving message – and a big thank you – from Michael Boldin and the TAC.
The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

Sometimes the life of an activist, as I’ve chosen for a long time now, can be the most exciting and exhilarating way to live….and, in all honesty at other times it can be trying and extremely difficult.

Holidays are never easy, as the salary of an activist for the constitution and liberty is rarely enough to be able to afford even a flight home to visit family. I’d like to think that $5-600 is something that I could save up for and spend without worry, and I try every year. But, every year things come up that seem to prevent it. Website security upgrades, covering staff expenses, organizing events, and more. Taking care of this family business is essential, and probably why the movie “It’s a Wonderful Life” still makes me cry every time I see it.

So, this week, while I will certainly miss Sarah, the love of my life, who’s visiting her family in St. Louis, and I will miss my own family which I’m unable to visit in Milwaukee, I know I have much to be thankful for.

I’m thankful for Sarah…and the life we’ve lived already and will live together in the future.

I’m thankful for my family…for bringing me into this world and helping mold me into the person I am today.

I’m thankful for the strength to do what I do, every day…for the motivation to work the seemingly endless hours, and for the love of liberty which makes it all worthwhile.

I’m thankful to each and everyone of you who listen to this show. Without you, we wouldn’t be doing this right now.

I’m thankful for all of you who share this show and the Tenth Amendment Center in general. And those of you who decide to donate to help fund our mission. Whether the amount you give is $5 or $500, every penny helps us in our relentless drive to become a force, and every one of our successes has happened because of you. (help us out here)

Thank you, Lesley Swann, for spending this time with us tonight. John Michaels for another great job producing the show. Bryce Shonka for all the work you do in the trenches every week. Jason Rink, and Nick Hankoff…Without all of you coming together week in and week out, we wouldn’t be able to do what I think is a consistently better and better job at this all the time.

Thank you to each and every one of you who volunteers and participates with us at the TAC….coordinators, team members, state chapters, bloggers, every one of you is essential to our future. (volunteer here)

I’m thankful for the fact that our message is gaining serious traction in the national discussion, and it bridges the political divide, too. On the right, conservative voters recently picked the 10th amendment as the most important question to pose to republican presidential candidates. And as we heard earlier tonight, groups from the left are increasingly citing the 10th in defense of their choices too. With your help, we’ve been educating people for over five years that the constitution isn’t about political parties or political ideologies…and it’s catching on!

I’m thankful for skype! I wish they’d sponsor the show financially, but I’m happy they exist. Not only do they give us an inexpensive way to connect our hosts and guests, they also give me an opportunity to have some face time with my family during holidays when I can’t visit in person. Video calls save the day!

I’m thankful for all the great friends I’ve made around the country on this wonderful journey. Tom and Heather Woods and the whole family, Anthony Gregory, Jim Babka, John Bush and Cat Bleish, Jason Rink you get a 2nd mention, Matt Shea, Jordan Page, Danny Panzella, The McKees, Eddie Allen, Doug Tjaden, Mark Kreslins, Mike Maharrey, Robert Scott Bell, Mike Rogers….and so many more of you that I could never be able to list everyone. Thank you for your friendship, your support, your criticism, your advice…I’m eternally grateful to have you in my life.

I’m thankful for each and every member of the Tenth Amendment Center. You are extremely important to us! (membership info here)

Become a member and support the TAC!

Proudly supporting our mission – The Constitution. Every issue, every time. No exceptions, no excuses – is one of the best things you can do to help us expand our work. You help us reach – and teach – more people that the federal government is authorized to exercise only those powers delegated to it in the constitution…and nothing more.

I’m thankful for my friends Angelus, Nickole, and Brian here in Los Angeles. No matter how much or how little I see you over the year, you always welcome me with open arms on thanksgiving, making it all feel like home.

I have far too many things and far too many people people to be thankful for, and I can’t express my gratitude enough

Together, we are making a difference in this world. I want to close by thanking you all for this great opportunity to share it with you.

The post Happy Thanksgiving from the Tenth Amendment Center! appeared first on Tenth Amendment Center.

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 22 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time here.
Find the show on iTunes at this link.
*****

The White House is excited to hear that Obamacare – the Patient Protection and Affordable Care Act – is going to be heard by the Supreme Court.  In a statement, a spokesman said – “We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree.” The sad fact of the matter is this – any president could sign virtually any law and make pretty much the same statement because the Supreme Court almost never strikes down anything as unconstitutional. And, I might be making an understatement, because from 1937 to 1995, the Supremes didn’t strike down a single federal law as unconstitutional.  Not one in nearly sixty years.

There have been a few since then, but they’re very few and quite far between.

Bottom line? When it comes to limiting federal power, the Supreme Court is NOT to be trusted.  Not only have they utterly failed to uphold the constitution, it’s not really in their interest either.

Thomas Jefferson and James Madison both warned us that if the federal government – which includes the federal courts – ever became the sole and exclusive arbiter of the extent of their own powers, those powers would always grow, regardless of protests, elections, and even lawsuits.

So while I’m happy to hear that the Supreme Court is now going to hear the health care case – primarily because we’ll finally see this courtroom drama over with – I have absolutely no expectations that the unelected, unaccountable, politically-connected lawyers that make up the court will side with the Constitution over federal power.

I don’t buy lottery tickets either – because I know I’m not going to win and buying them just supports a monopoly on power that shouldn’t exist.  But, that’ another discussion altogether!

THE PRINCIPLE

Last week, we celebrated the anniversary of the adoption of the Kentucky Resolutions of 1798.  In these resolutions, Thomas Jefferson laid the groundwork for the principle nullification, which we define as any act or set of acts which ends up rendering a particular federal law null and void, or unenforceable within that state.

The short of the Jeffersonian view is this – the federal government cannot be trusted to limit its own power, so the people and the states, having created that federal government in the first place, not only have an interest and a role in limiting federal power, but it’s their duty.

James Madison and even Daniel Webster were on board with the idea of nullification too – or as they called it, interposition.  Madison told us in the Virginia Resolutions of 1798 that in the case of a dangerous exercise of unconstitutional powers, “the states are duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”

And Webster, often cast as a great opponent to nullification, said this in his famous speech opposing military conscription:

“The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”

Jefferson, Madison, Webster – and many others. I’m sold on the idea.  Hope you are too.  And better yet, these actions work. Twenty-five states refused to comply with the Real ID Act of 2005, and while it sits on the books as “law” in Congress and has never been challenged in court, it remains null and void in most of the country. Fifteen states have rejected the notion that the federal government can ban a plant grown and sold within their own state – and while the feds still try to assert their supremacy from time to time, the long-term result is that they’re losing big time.

THE NEXT STEP

Last year, in preparation for the Supreme Court eventually holding up Obamacare as “constitutional,” the Tenth Amendment Center drafted state-level legislation to reject the notion of not just health insurance mandates from the federal government, but the very core idea that the federal government is authorized to be in the health care industry at all.

The TAC’s Federal Health Care Nullification Act 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, shall not be recognized, is specifically rejected, and shall be considered null and void and of no effect.”

As both Madison and Webster told us, when the feds exercise unconstitutional and dangerous powers, it’s the state’s duty to step in and stop it. And, our Nullification Act has language to do just that:

“Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.”

South Dakota already passed a version of this bill in the 2011 legislative session, but as can be evidenced by what happened down in Arizona recently, when a state stands alone, the federal government can throw its weight around and make states back off.  On the other hand, when Maine, New Hampshire, Utah and other states started passing resolutions and laws to ban participation in the Real ID act, it was the strength of multiple states acting in unison that resulted in the federal government backing off – like the house of cards that it is.

ACT NOW

Getting new ideas, new bills and new action items to move forward takes time, effort and due diligence. State-level responses to Real ID didn’t even start until two years after the law was passed. But, in response to the passing of Obamacare, eleven states already stepped up to consider a nullification of the act within the first year.  Your action is needed right now to make it all effective.

Sitting around and waiting, hoping, or begging the federal courts to limit federal power – is not the game plan of a patriot. Taking action to stand up and say no right now certainly is.  So today, I strongly urge you to personally email AND call your state senators and representatives and demand that they introduce the federal health care nullification act in your state.  Even if you think it can never happen or succeed in your area, we know from history and modern times that small steps towards liberty can lead to great things.

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The time to act is now.  Not after the elections and not after the Supreme Court rules. Not next year and not after the holiday. Not next month or next week. Today, not tomorrow. Now.

For when enough good people rise up and say no to tyranny – and enough states introduce and pass laws backing them up – there’s not much that the feds can do to force their unconstitutional acts, regulations…and mandates down our throats.

And one day, when we start taking this same set of actions for not just Obamacare, but every single unconstitutional act from Washington DC, one day – instead of saying NO to tyranny, we can start saying YES to liberty.

UPDATE 11-17-11: It was North Dakota, not South Dakota, that passed a version of the Health Care Nullification Act earlier this year. Track the legislation online at this link

The post On Obamacare: Don’t Trust the Courts to Uphold the Constitution! appeared first on Tenth Amendment Center.

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 21 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time here.
Find the show on iTunes at this link.
*****

213 years ago, on November 10th, something really important happened.  In fact, it was so important that if there ARE going to be federal holidays at all, this should definitely be one.  But it’s not.

We’ve already got loads of federal holidays to choose from.  Some of them are worthy of our attention, and some of them not.  On July 4th, there’s independence from King George’s England.  On the first Monday in September, there’s a holiday that was dedicated to the “social and economic achievements of American workers.”  We celebrate all American presidents, give thanks for the autumn harvest, and more.

When there’s no federally-sanctioned holiday to call upon, people around the country celebrate all kinds of other stuff.  And activists across the political spectrum often pick “important” dates to schedule events to bring attention to their cause.  We’ve seen protests on Tax Day, May Day, Earth Day, the 5th of November, and more.

But nowhere to be found on these great lists of “federal holidays” or “protest days” is a celebration of one of the greatest political maxims in American history – that when the federal government does things it’s not supposed to do, you are not bound to obey them.

JEFFERSON, KENTUCKY-STYLE

Most Americans know that Thomas Jefferson was the principal author of “The Declaration of Independence.”  Yet few of them have ever even heard of another document that I would say might be the second most important one he ever wrote – The Kentucky Resolutions of 1798, which were adopted by the Kentucky General Assembly on November 10, 1798.

Jefferson drafted these resolutions – in secret – while he was serving as vice president. It was written in response to the hated Alien and Sedition Acts which were passed under the John Adams administration.

The acts authorized the president to deport any resident alien considered “dangerous to the peace and safety” of the United States, to apprehend and deport resident aliens if their home countries were at war with the United States, and criminalized any speech which might “defame” Congress, the President, or bring either of them into “contempt or disrepute.”

Interestingly enough, while it was illegal to, in essence, speak out against the president, congress and the federal government in general, it was not illegal to do so towards the opposition, in this case the sitting vice-president, a Mr. Thomas Jefferson.

In response, Jefferson invoked what he considered the bedrock of the constitution, the 10th Amendment – and its strict rule that the federal government was one of limited, delegated powers – and nothing more.  Essentially, he argued that by passing and enforcing the Alien and Sedition Acts, the federal government had overstepped its bounds and was exercising powers which were never delegated to it in the Constitution.

In other words, he considered the Alien and Sedition Acts to be acts of usurpation.

VOID AND OF NO FORCE

What did Jefferson have to say?  Here’s a few snippets that, in my opinion, sum up his views quite well:

the several states composing the United States of America, are not united on the principle of unlimited submission to their General Government

the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers

whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force

Jefferson argued that if the federal government were allowed to hold a monopoly on determining what its own powers were, we would have no right to be surprised when it kept discovering new ones – as it does so often today.

USURPATION!

Want to know where the feds get the power they do?  They get it from themselves, not the Constitution.  And they’ve been doing this for a long long time.

When FDR told starving farmers they couldn’t grow more wheat to consume on their own property, the federal government was assuming undelegated powers. When Richard Nixon founded the EPA with an unconstitutional executive order, he was doing the same.  When Ronald Reagan ramped up the war on drugs, this was also an exercise of powers that didn’t belong in Washington DC – they are powers that, according to the 10th Amendment, belong to the states.

George Bush gave us the biggest increase of federal control over healthcare in decades, no child left behind, the patriot act, and more.  Barack Obama has given us an extension of the Patriot Act, a nationwide health insurance mandate, raids on milk producers – and he has continued the Bush foreign policy agenda, waging war on his own decision, without a congressional declaration of war.

None of these things – none of them – are powers that have been delegated to the federal government in the constitution.  That means every single one of these acts should be “unauthoritative, void, and of no force.”

NO MEANS NO!

If Congress passes a law and no one obeys it, it is really a law at all?

These politicians only get away with this stuff as long as people let them, and they will continue to get away with it as long as people don’t say NO.  But when enough individual people take a stand and say no, there’s not much that the federal government can do to force their unconstitutional acts, regulations and mandates down our throats.

So today, in celebration of the adoption of the Kentucky Resolutions of 1798, I rise in solidarity with all you brave individuals who quietly, or publicly, refuse to comply – with something, with anything.  In this time of massive federal power, it takes courage and I honor your courage to resist.  Whether you know it or not, you are our generation’s greatest heroes of liberty.

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Whether it’s the person who transports and consumes raw milk in defiance of the FDA, or the cancer patient who uses marijuana in defiance of the DEA, I salute you.  Whether you say no to federally-mandated lightbulbs or health insurance plans, whether you grow hemp without permission from DC or refuse to serve in an unconstitutional war – you are doing what’s right.

You are carrying out Jefferson’s advice and standing up for liberty by refusing in your own way.  Your acts of defiance to tyrants are the core of what will someday reduce these many unconstitutional federal acts to what they must become – “unauthoritative, void, and of no force.”

The post Thomas Jefferson and Defiance to Tyrants: An Anniversary worth Celebrating appeared first on Tenth Amendment Center.

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 20 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time here. Find the show on iTunes at this link.

*******

Concordia res parvae crescunt.

It’s a Latin phrase made popular during the revolutionary period that means “small things grow great by concord.”  And in a time when politicians claim the power to control nearly every aspect of your life, it’s a phrase that not only packs wisdom, but gives insight on a possible road map to liberty.

A QUICK HISTORY LESSON

In 1765, the British Parliament passed the Quartering Act, which required the colonies to provide housing and provisions for British soldiers. Like unfunded mandates of today, the Colonies had to pay for it all, too.  But, when 1,500 British troops arrived at New York City in 1766, the New York Assembly refused to comply, effectively nullifying the act.

The Quartering Act was circumvented in all the colonies other than Pennsylvania. In royal circles, this was yet another sign that the colonies were getting a bit out of control.

In 1767, the British Parliament passed a series of five laws known as the Townshend Acts.  Their primary purpose was to raise tax revenue and enforce compliance in the colonies.  They included the Revenue Act of 1767, the Indemnity Act, the Commissioners of Customs Act, the Vice Admiralty Court Act, and the New York Restraining Act – a punishment for the very public rejection of the Quartering Act a year earlier.

The “punishment” given to New York?  The Assembly had its legislative powers suspended, effectively leaving all decision-making outside the colony.  In other words, they had to self-govern as they were told to, or not self-govern at all.

Sound familiar?

The colonies responded.  And, although the Townshend Acts didn’t have the same, immediate uproar as the Stamp Act had just two years prior, they were hated and resistance soon became widespread.  The most influential response to the acts came from John Dickinson, commonly known as “the Penman of the Revolution.”  Opposing the new Acts, he wrote a series of twelve essays known as “Letters from a Farmer in Pennsylvania.”

ADVICE, WISDOM

Dickinson’s warning? Don’t concede to new powers just because they appear to be small, or in the case of the Townshend Acts, because the taxes were low, since such concessions always set a dangerous precedent for new and greater powers in the future.

In the first of his “Letters,” Dickinson spent time discussing the New York Restraining Act.  He wrote:

If the parliament may lawfully deprive New York of any of her rights, it may deprive any, or all the other colonies of their rights; and nothing can possibly so much encourage such attempts, as a mutual inattention to the interests of each other. To divide, and thus to destroy, is the first political maxim in attacking those, who are powerful by their union.

He continued on to say that, in essence, the rightful response at that moment would have been for other colonial assemblies to have at least passed non-binding resolutions informing Parliament that the act was a violation of rights and that it should be repealed.

Why? His answer came through clearly at the end of this first letter, where signed off with the Latin phrase, Concordia res parvae crescunt.

Small things grow great by concord.

ASSUMING TOTAL POWER

In many ways, today’s federal government has suspended the legislative power of state assemblies by assuming control over powers never delegated to it in the Constitution.  For example, when the Obama administration issued threats to close businesses in California because politicians and bureaucrats in DC think that a particular plant should be illegal, they’ve made their intentions clear.  And when the Bush administration told the people of Montana – and elsewhere – that they wouldn’t be able to fly without a new national ID card, they also asserted the power to legislate for the people of that state.

The federal government assumes unconstitutional new powers like this almost daily.

When Congressional declarations of war are deemed an “anachronism,” Congress simply abdicates its duty on the question of war, and unconstitutionally transfers its power to the executive branch.  And when such unconstitutional transfers of power seem unlikely, the executive branch simply redefines war into “kinetic something something” – and then initiates war on its own say-so anyway.

When home-grown wheat – never bought or sold, and then consumed on one’s own property – is outside the sphere of federal control, the judicial branch simply redefines what the founders considered “interstate commerce,” and dictates that the federal government controls virtually all commerce, and then even non-economic activity.

Politicians in congress and the executive branch – and the lobbyists that benefit financially from their unconstitutional acts – are all too happy to utilize this wealth of power.

For far too long, people have stood idly by – “voting the bums out” and hoping that a new crop of federal politicians would ride in and save the day.

But, while new bums have come and gone – and come and gone – the day has yet to be saved.

STEP BY STEP

Pushing off the yoke of an empire is not something that’s done in one fell swoop.  And, this is something that the Penman of the Revolution recognized early on.

When I talk with people about resisting – and slowly but eventually nullifying – unconstitutional federal acts, I rarely find opposition to the idea.  Instead, I often hear things like – “Yeah, but they have the guns!”  Or, “I’m totally in favor of this, but it’ll never work, the feds are too strong.”  Or, “This will just crumble when DC takes away funding, or jails opponents,” and the like.

Fear is something that obviously keeps traction through the ages, for Dickinson dealt with these same thoughts.  He wrote in his third Letter:

“Great Britain,” they say, “is too powerful to contend with; she is determined to oppress us; it is in vain to speak of right on one side, when there is power on the other; when we are strong enough to resist we shall attempt it; but now we are not strong enough, and therefore we had better be quiet; it signifies nothing to convince us that our rights are invaded when we cannot defend them; and if we should get into riots and tumults about the late act, it will only draw down heavier displeasure upon us.”

In the Revolutionary Period, like today, people were afraid of upsetting the status quo, and urged others to sit idly by.

Dickinson’s response?

Are these men ignorant that usurpations, which might have been successfully opposed at first, acquire strength by continuance, and thus become irresistible?

The message?  If we stand by and do nothing – we know what’s coming. And…each small step towards liberty is an important one.

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Today, dozens of states have considered – and many have passed – non-binding resolutions reaffirming the founders’ vision for the federal government…that it should be one of limited, delegated powers.  Fifteen states are actively defying both congress and the Supreme Court by allowing the use of marijuana.  More than two dozen states have refused to comply with the Real ID act.  Other states are taking steps to consider legislation that would nullify specific federal acts like Obamacare, warrantless searches by the TSA, legal tender laws, the Food Safety and Modernization Act, and more.

While many of these acts might feel like small steps in the grand scheme of things – risking reprisals from the dangerous beast we call the federal government – each thorn in the side of the empire is yet another essential step towards liberty.

For as a wise person once said, “Do not follow where the path may lead. Go instead where there is no path and leave a trail.”

The post Small Things Grow Great by Concord appeared first on Tenth Amendment Center.

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 19 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time at https://radio.tenthamendmentcenter.com.
Find the show on iTunes at this link.

*******

Peace.

What sane person doesn’t want peace – peace in their communities and peace in their lives?

Absence of peace, a state of conflict, lowers our chances for a long, healthy, happy and prosperous life. Peace is something we strive for in our workplace, in our family, in our home, and yes – even in politics – although different people obviously have different methods that they believe will attain their desired peace.

The Founding Fathers thought that peace was extremely important in political thought.

James Madison, the “father of the constitution” considered war, the opposite of peace, to be a great evil when he wrote:

“Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.”

Thomas Jefferson, in his 1801 inaugural address also stressed peace when he said: “Peace, commerce, and honest friendship with all nations – entangling alliances with none.”

Fast forward to today and the political establishment seems to care little for peace.

When Madison, Hamilton and Jay wrote the Federalist Papers, the word peace was used 75 times in a series of 85 essays arguing for ratification of the Constitution. But the current Republican establishment almost never uses it. A quick review of recent public statements and the websites of Republican presidential candidates like Mitt Romney, Herman Cain and Newt Gingrich shows that peace must be a low priority, because it almost never enters the conversation. And in the rare cases that any of these republican leaders use the word peace, they never, ever use it in the context that war is a bad idea like James Madison said – an extreme last resort that should be avoided at all costs.

And then you have a guy like Rick Santorum, who must revile the founders when he preaches with religious-fervor the message of never-ending wars and entangling alliances.

So no, republican party leaders do not favor peace.

What about Barack Obama? The Nobel Peace Prize winner just announced the end of the war in Iraq – a full pullout of troops by the end of this year. Does this make him a man of peace?

I would say no.

In Afghanistan, he’s more than tripled troop levels – to about 100,000 – while waging drone wars over Pakistan, Libya, and elsewhere. Nobel Peace Prizes for people dropping bombs around the world now? This must be some kind of sick joke.

Foreign policy – on both the left and right – is not something of peace, but of war. And in a time of crushing debt, James Madison’s warning rings true, if not prophetic.

But does peace ONLY apply to foreign policy?

Of course not.

Government in this country harasses you in nearly every step of your life. While some – if not much – of what they do just might be things you like or agree with, you know that many times you go along with them out of fear….fear of what they’ll do to you if you don’t. This is not a state of peace, this is a state of compliance, and nothing more.

When the TSA expands its rights-violating practices to highways around Tennessee, you aren’t given an option. You are told to comply, or else. Is this a state of peace?

Is it peace when a cancer patient in California has her home invaded by federal agents because the plant she chooses to grow and consume at home is not approved by politicians and bureaucrats in DC?

Is it peace when armed federal agents raid local businesses because they don’t approve of the type of milk they sell, or the wood they use for musical instruments, or a host of other regulations designed to “protect” you – whether you want them to or not?

Is it peaceful to tell someone they have to purchase a healthcare plan or face a penalty? To accept the notion that government has the power to spy on just about anyone without a warrant? To force you to pay taxes under threat of imprisonment to bail out crooked corporations that have been ripping you off?

I charge that the political establishment hates peace. They recognize that peace is the greatest roadblock to all their goals, and at every turn possible they issue threats while they sow disharmony, fear and conflict.

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They can only get away with this as long as their message of hate and fear rings true with you. As long as you hate enemies – real or imagined – they will use your hatred to clamp down on your freedom. As long as you fear the outcomes of freedom – real or imagined – they will use your fear to regulate and control you – eliminating peace in your life in the process.

But…things that can’t go on forever….don’t.

And sooner or later those who love war both overseas and here at home will crumble under the weight of a great people who decide to throw away the chains of fear, and hate, and war – and decide that a society of liberty and peace is far better – and easily achieved.

For as a wise person once said, “Peace is not something you wish for; It’s something you make, Something you do, Something you are, And something you give away.”

The post Peace. appeared first on Tenth Amendment Center.

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 17 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time at https://radio.tenthamendmentcenter.com.
Find the show on iTunes at this link.

*******

In a recent interview with a reporter from the BBC, I was asked – “Is the Tenth Amendment Center affiliated with the Tea Party movement?”

My answer?  “Weâ€re affiliated with the Constitution.  When people in the Tea Party take proper constitutional positions, we applaud them.  When they donâ€t, we educate – or when needed – we blast them.”

The reporter seemed a little stunned.  He was given my contact info as someone who could help him put together “viewpoints from the Tea Party” on some recent economic issues.  He researched our website and seemed certain that the Tenth Amendment Center was a tea party group.  He pretty much asked me, “are you sure – what is it, are you with the Tea Party or not?”

My response was the same.  The only thing that the Tenth Amendment Center is “with” is the constitution.  And furthermore, since our organization was founded in 2006, a few years before the Tea Party explosion, shouldnâ€t the question be the other way around?

The fact of the matter is this – we work with Tea Party groups all the time.  Many have sponsored our Nullify Now! events around the country, and many others reach out to us with questions.  And, as long as people from these groups are interested in learning about the Constitution, weâ€ll be more than happy to educate and lead.

IMPORTANT QUESTIONS

When talking with strict constitutionalists, Iâ€m often asked – “Do you think it might be a bad idea to participate in events with the Tea Party groups?  People might think you support all their goals, and many of them take positions that are totally repugnant to the principles of the Constitution.”

To verify that view – and the concern – you donâ€t need to look any further than tea party leaders like Michelle Bachmann or Herman Cain.

Bachmann proudly voted to extend the Patriot Act – a wildly unconstitutional act that Judge Andrew Napolitano called the “most hateful piece of legislation” in over 200 years.  She regularly twists the Constitutionâ€s meaning by claiming that the federal government has control over health care in the states.  She refers to Mitt Romneyâ€s awful health care mandate as “unconstitutional” instead of a “bad idea.”  Is she proposing that the federal government go in and stop Massachusetts from making their own decisions in this area?

Her house vote against letting states make their own choices on marijuana might be an indicator of her view of the constitution and centralized decision-making.  And no, itâ€s not good.

Herman Cain is no better.  He supported the TARP bailouts that took money from you and gave it to politically-connected corporations.  He considers the Patriot Act “about 90% right on.”  And, this week’s republican debate, while praising the inflationist Alan Greenspan, he lied about his opposition to an audit of the federal reserve.  Even worse, just look at his website.  In reviewing his positions on the issues, he doesnâ€t name a single program or department that would be completely eliminated.  Even Obamacare would be repealed, but “replaced” with something else.  No mention of the fact that the federal government has no constitutional authority to be involved in the health care industry at all.

On ten major national issues covered on his website, the word “constitution” isnâ€t mentioned even once.  Not one single time does Hermain Cain say that a program, act, or department is unconstitutional.  With just thirty powers delegated to the federal government in the constitution, he has plenty to choose from.   If the word Constitution is off-limits to this guy, is he even interested in it?

So, no, with bad constitutional positions like these – and many others – I donâ€t consider the Tenth Amendment Center as part of the tea party.  We are more than happy to work with and educate Tea Party leaders and activists as long as theyâ€re willing, though.

THE OTHER SIDE?

In recent days, Iâ€ve been hearing the same kind of questions – “donâ€t you think itâ€s a bad idea to be involved with these people?” – but directed towards a different group of protesters, the Occupy Wall Street groups.  Like the Tea Partyâ€s general consensus that government power is too big and taxes are too high – which I agree with – I find myself also opposing some of the things these new protesters appear to oppose.  Wealth redistribution to the rich?  Happens every day, and itâ€s not good.  Bailouts to banks and corporations?  Unconstitutional and economically destructive.

The best way to sum up what Iâ€ve seen from them so far was a sign in New York – “The banks got bailed out, we got sold out.”

Absolutely true.  But many, if not most of the solutions Iâ€ve heard offered from Occupy Wall Street protesters are things I vehemently oppose.  More regulations, more government control, more centralized power.  These have nothing whatsoever to do with our mission for the Constitution.  And because of this, the Tenth Amendment Center is absolutely not “part” of the Occupy Wall Street movement – just like weâ€re absolutely not “part” of the Tea Party movement.

THE MISSION

Some people have suggested to me that because of incorrect, constitution-violating solutions like these being offered by people at Occupy Wall Street, we should have nothing whatsoever to do with them.  We should even be wary of simply going there and talking with them – trying to educate people on different, better, and constitutional positions.

Itâ€s almost like saying – “you donâ€t agree with me already, so Iâ€m not going to talk with you!”

The fact of the matter is that we want to talk with everyone.  Our mission is to educate people on the proper role of government under the constitution.  And whether itâ€s people from the Tea Party or from Occupy Wall Street, many, if not most, have plenty to learn.

If we only wanted to talk and work with people who already had it right, weâ€d not only be idiots, but weâ€d be wasting our time.  This would be like demanding that a university only accept fully-licensed, practicing doctors into a pre-med program.  Whatâ€s the point in trying to educate people who are already educated?

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All this makes me think of a great quote from Sun Tzu – “the enemy of my enemy is my friend.”

These days, as a constitution-supporter, weâ€ve got enemies all across the political spectrum.  And, until we recognize the need to connect with and be peaceful with all of them, with a goal of educating them in mind, weâ€ll just be spinning our wheels in the mud.

With adherence to the 10th Amendment becoming a growing concern for Americans, we arenâ€t part of any other movement.  We are our own movement.  Small, but growing, our efforts must continue no matter what.  And, as long as someone is willing to listen, weâ€ll be willing to talk.

The post The Enemy of My Enemy… appeared first on Tenth Amendment Center.

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 16 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time at https://radio.tenthamendmentcenter.com. Find the show on iTunes at this link.

*******

Iâ€ve got news for you…some good and some bad. Letâ€s start out with the bad news first.

The constitution as the founders gave it to us is dead. Government in this country is nowhere close to what the founders created in the Constitution. It is nowhere close to what the people of the several states ratified and approved.

The Constitution is not being followed in Washington DC, and it hasn’t been for a long time. While itâ€s not supposed to be a “living breathing document,” that’s how it has been functioning for many decades.

As Kevin Gutzman, constitutional expert and author of The Politically Incorrect Guide to the Constitution, has said, those who would give us a “living” Constitution are actually giving us a dead one, since such a thing is completely unable to protect us against the encroachments of government power.

On top of that, itâ€s going to be tough to turn this mess around. Why? Because most everything you have been taught about the constitution is wrong. I, like most people, went to a government run school for many years. I also spent time in a government-approved private school for a number of years as well. What do these both have in common? They both teach students with government-approved textbooks….government-approved by a government that hasn’t followed the constitution for ages.

So what should that tell you? Throw out everything, and I mean everything, you learned about the Constitution, and start over. Thatâ€s why Rob Natelsonâ€s book, The Original Constitution, is so important. This is first book EVER to explain the legal force of the entire U.S. Constitution as it stood in December, 1791, right after adoption of the Bill of Rights. And, it will help you unlearn the mess that the government has forced upon you.

LOOKING BRIGHTER

That leads me to the good news. The Constitution is, believe it or not, extremely popular! And this gives me a glimmer of hope. How do I know this? For everything the government does, when a constitutional question arises, politicians and pundits alike ALL try to find a way to argue that their favorite programs are “constitutional”. They seem to reach for the worst, most obvious nonsense to back up their laws rather than just admit the opposite.

How many times have you heard Obama or Bush say something like this….”look, we know this action isn’t constitutional, but we need to do it anyway. The constitution is an old tired document, and we need to get with the times….so let’s get on track America, get on board, and forget that constitution thing. This new way is going to be much better!”

I’m going with zero.

Iâ€ve also never heard Sean Hannity, or Keith Olberman, or Rush Limbaugh, the New York Times, or anyone for that matter..making such a claim about programs they support. No, no one ever supports a federal act AND takes a position that itâ€s unconstitutional at the same time.

Why? Because they know people would flip out. Average people all over the country want government to follow the rules given to it…theyâ€ve just never been taught what those rules actually are.

THE CONSTITUTIONâ€S FAULT?

When talking with liberty activists, Iâ€m often asked, “why should this matter, the constitution obviously didnâ€t work, so whatâ€s the point in going back two centuries to a failed document?”

Failed document? How does a document fail? – is what I generally respond with.

Invariably, someone will quote the famed individualist, Lysander Spooner, who once said,

“whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.”

Problem with this, though, is that Spooner was wrong.

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The Constitution doesnâ€t apply to you. It doesnâ€t apply to me. It doesnâ€t apply to any person at all. Itâ€s a document that lays out the rules for the federal government, and in a few instances, rules for state governments.

But documents donâ€t enforce themselves. It takes you to understand what those rules are, and it takes you refusing to go along with anything outside of those Constitutional limits. Thatâ€s how documents are enforced.

If you want to understand why liberty is being flushed down the toilet, and at the same time, if you want to understand how to turn things around, I have one simple suggestion for you.

Look in a mirror. Because liberty begins – and ends – with you.

The post News Flash: The Constitution is Dead appeared first on Tenth Amendment Center.

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 15 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time at https://radio.tenthamendmentcenter.com. Find the show on iTunes at this link.

*******

Yesterday, a long-time commenter on the TenthAmendmentCenter.com website had this to say:

“Being a purist is generally another way of saying being a loser in a large Federation.”

This was in regards to the presidential candidacy and foreign policy views of Ron Paul.  The idea being that since Paul’s foreign policy ideas were, according to our commenter, far out of the current mainstream of republican voters, that Paul needed to shift his positions to ensure the potential for being a winner.

When I respond here, I’m certainly not limiting my viewpoints to the candidacy of Ron Paul, to viewpoints on foreign policy, or anything else for that matter.  Instead, I think this applies to everything politically.

Haven’t we had enough “winners” in this country?

For over a century, we’ve had winners on the left, and winners on the right.  And not a single one of them – not one – has followed the constitution as they were supposed to, and as we at the Tenth Amendment Center demand – every issue, every time, no exceptions and no excuses.

The 10th Amendment was the exclamation point on the constitution – reinforcing the fact that “We the People” of the several states created the federal government.  Not the other way around.   And, we created that government to be our agent for certain, enumerated purposes…and nothing more.

James Madison – you might have heard his name associated with the moniker “father of the constitution” – put it this way:

“The powers delegated by the Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Few and defined?

Well, depending on how you count it, there’s approximately 30 powers that have been delegated to the federal government in the Constitution, most of which reside in Article I, Section 8.

Thirty powers.  That’s all.

But, if you were somehow able to read through all of the US Code and the Code of Federal Regulations, you would have to go through tens of thousands of pages of federal laws and regulations.  And it’s not like presidents have been waging epic battles with Congress over the years, vetoing bill after bill and having those vetoes overridden.  Instead, almost nothing gets vetoed.   Even Ronald Reagan, the president that many constitutionalists idolize as their champion, only vetoed 39 times in an eight year period.

Five vetoes per year?  Nah, no thanks.  To me, that’s as good as zero.

At this point, what should a president do to stand up for the constitution?  If we want to err on the side of the constitution, let’s keep it simple.

A constitutional president should pretty much veto everything!

Take a hike.  That’s what a constitutional president would say to Congress on almost everything they pass.

And hopefully, this brings me back to my initial point – that it’s not OK to be a kinda-constitutionalist.  Or a mostly-constitutionalist.  Or what we almost always have, a partisan-constitutionalist.

Whether they’re from the left or the right, conservative or liberal – or anywhere in between – all politicians claim to support and follow the constitution.  And every now and then, most of them say something right.  But, it’s very little and there’s almost no consistency.

From both sides we’ve seen opposition to violations of your liberties on some issues, but not on others.  We’ve
seen opposition to some undeclared, unconstitutional wars, but not on others.  We’ve seen support for limiting government actions in some areas, but not in others.  And sadly, the support and opposition often changes based on which political party is holding power at a given time.

But that’s best left for another conversation.

The fact of the matter, though, is this – both sides have allowed, turned a blind eye to, and even actively promoted massive constitutional violations for far too long.

Year in and year out, politicians tell us that there’s some kind of emergency, real or pretended, and they need to have new powers to prevent all kinds of horrors and death.

Corporate Bailouts, Social Security, Environmental Regulations, the Patriot Act, the Department of Energy, Wars in Vietnam, Iraq, and elsewhere, the Department of Education, Massive Military Spending, the Department of Energy, Foreign Aid, the War on Drugs, FEMA, the FDA and too much more to list – have all been sold to us on fear.   And all of them are unconstitutional.

When you allow politicians to bend the rules of the constitution or break them outright – even if it’s for a good reason, or to hopefully stop some outcome YOU are afraid of – and you let them do it year in and year out for decades – sooner or later you’ll end up with politicians who feel that the rules, the constitution that is, don’t apply at all.

And if we’re not already there today, we’re pretty damn close.

That’s why I vehemently reject our commenter’s opposition to being a purist.  Oppose the ideas, maybe.  Disagree with the principles, sure.  But oppose a position because it might not be a winner?  Never.

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That’s why our motto here at the Tenth Amendment Center is so simple.  The Constitution.  Every issue, every time. No exceptions, no excuses.

I’m hoping that you, like me, are sick and tired of people who advocate winning above all else.  “Winning” is what’s gotten us where we are today, and “winning”‘ has really been losing for all of us.

Like my parents used to tell my brother and I when we fought as children – “you’re both wrong” – it’s time for people who love liberty to do the same to democrats and republicans alike.

Both sides have been wrong for far too long.  And every day we tolerate it for the sake of winning, we add one more link to the chains of our own shackles.

The post “Winning” is Losing. For All of Us. appeared first on Tenth Amendment Center.

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 14 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time at https://radio.tenthamendmentcenter.com. Find the show on iTunes at this link.   Michael will be a featured speaker at Nullify Now! in Jacksonville. Get tickets here, or by calling 888-71-TICKETS.

*******

Republicans scream and yell about “Obamacare” and how much they oppose what they consider to be the socialist whoâ€s currently the president. In a recent poll, republicans and tea party members were asked if they considered Barack Obama a socialist.  71% said yes, and only 17% said no.

This must be a joke, because Republicans are little more than the pot calling the kettle black.

So, letâ€s take a look at that – first, with a definition of socialism.

Socialism. so·cial·ism [soh-shuh-liz-uhm] noun
(in Marxist theory) the stage following capitalism in the transition of a society to communism, characterized by the imperfect implementation of collectivist principles.

And….

Collectivism. col·lec·tiv·ism  [kuh-lek-tuh-viz-uhm] noun
the political principle of centralized social and economic control

We all hear from people like Michele Bachmann and Rick Perry that theyâ€ll do everything they can to repeal “Obamacare.”  Perry even says heâ€ll use an executive order to get rid of it – an unconstitutional legislative action from the executive branch is obviously no problem for this guy.  But thatâ€s best left for another discussion.

So, on principle, republicans oppose centralized control over health care, right?  Wrong.  They love it.  They just happen to dislike this particular social program in the health industry.  In fact, other than the new Affordable Care Act, there really doesnâ€t seem to be any socialist or collectivist programs that Republicans want to get rid of.  And itâ€s time we start calling them out on their inconsistencies, their lies and their grandstanding.

Letâ€s start with health care.

REPUBLICANS LOVE HEALTH CARE CENTRAL PLANNING

Medicare Part D was the biggest expansion of government control over the health care industry in decades.  It was pushed and passed by republicans under George Bush, and most certainly paved the way for further government control under the Obama administration.

Not really believing that massive government control of the health industry was the result of this republican plan?  A 2008 report in Politico helps make things a little more clear.

The growth of state and federal health care programs — including President Bushâ€s prescription drug plan for seniors — means that today about half of the pharmaceutical market is controlled by government.

Half of an entire market – a massive one to say the least – controlled by government?  Nah, thatâ€s not centralized economic control.  Only Obamacare is!

But why focus only on the past.  Those were the “bad” republicans, and George Bush was no real “conservative republican.”  Todayâ€s crop is all about the Constitution – and theyâ€re totally opposed to centralized economic control, right?

Wrong.

In the very same poll where 71% of republicans called Obama a “socialist” – 78% said they wanted to keep Medicare.  Only 12% want to get rid of it.

Centralized control over health care?  Republicans LOVE it, and theyâ€re frauds when they say they donâ€t.

OTHER PROGRAMS

What about your retirement?  Want the government to control it?  Some would say that Social Security is unconstitutional.  Others consider it a Ponzi scheme.  As an aside, I wouldnâ€t – Ponzi schemes are voluntary.

On retirement plans, Republicans once again love collectivism.   75% want to keep it and only 17% would like to see it eliminated.

Republicans donâ€t like socialism, collectivism – centralized planning and control?  Nonsense.

How about education?  Surely republicans are vehemently opposed to federal control – centralized planning and collectivism, that is – over the education of their children, right?

Nope.

A CNN Poll this month tells us that a whopping 74% of republicans want to keep the Department of Education and its centralized social and economic control over your childrens†education in the hands of the federal government.

Only 24% want to see it eliminated.

Not even the EPA is on the chopping block for Americaâ€s socialist republicans.  Earlier this year Reuters reported that 61% of republicans opposed abolishing the EPA.  A little glimmer of hope, maybe, but not much.  Still, a large majority of republicans are fully on board with centralized planning on all kinds of social and economic issues.

JOBS.  THATâ€S IT!

When looking at these numbers and seeing the big picture, I was both surprised, and not surprised at the same time.  I thought to myself, “there HAS to be some central planning and control that republicans donâ€t like.  I know it!”

Thatâ€s when it hit me.  Jobs!  Everywhere I turn, republicans are speaking out against the new jobs plan from Barack Obama.  They laugh when Ron Paul rightly points out that under Rick Perry, a large number of new jobs created in Texas were government jobs.

So thatâ€s the one.  Jobs is it!  Republicans donâ€t want government created jobs, right?

Then I saw this.

As of 2010, the biggest employer in the world is the US department of defense.  3.2 million government jobs in the DoD is more than #2 – the Chinese Peopleâ€s Liberation Army – by almost 1 million!  Itâ€s about the same as China National Petroleum and China State Grid, combined.

Hear a lot of republicans talking about cutting back on that government program, or those government jobs?

Neither have I.

SCAMMERS?

These are but a few of many examples of republican hypocrisy.  They have no problem whatsoever with centralized social and economic control – collectivism, that is.

Republicans may dislike Obama personally.  And they may genuinely oppose some of the collectivist programs heâ€s in favor of.  But when they tell you they oppose Obama because “heâ€s a socialist,” itâ€s beyond absurd.  Itâ€s often times a lie.

Some would tell me that these socialist republicans are just part of the establishment, that “real republicans” or “constitutional conservatives” are definitely not on board with all this.

But when Rasmussen Reports asked Tea Party members about their support for republicans, 92% – not 9.2, but 92% – of them said they would vote for the republican candidate in 2012 no matter what.  Only 83% of republicans at large have the same degree of support.  Tea Party members support republicans more than republicans do.

Support Sound Money with a TAC Medallion!

Come on republicans – and that includes you Tea Partiers – stop the posturing.  Iâ€m sick and tired of the fraud of it all.

Like the fake antiwar movement before you – that marched against war under Bush but not under Obama – donâ€t turn into the fake anti-socialist movement of today.  Do you oppose socialism or just Obama?  From all this, it seems like the latter, but I hope you turn that around.  So hereâ€s my challenge to you, either join your so-called opponents, or stop your support of all these programs right now.

Either way, itâ€s the honest thing to do.

The post Don’t Let Republicans Fool You appeared first on Tenth Amendment Center.

EDITOR’S NOTE: Michael made the following rant at the close of Episode 13 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time at https://radio.tenthamendmentcenter.com. Find the show on iTunes at this link. Michael will be a featured speaker at Nullify Now! in Jacksonville. Get tickets here, or by calling 888-71-TICKETS.

*******

The Constitution was signed on September 17, 1787, and every year that date passes by with hardly a sound. Sure, now that itâ€s considered a day of “federal observance” youâ€ll find government schools around the country including it in their lesson plans. But these discussions generally focus on “Constitution Trivia” instead of whatâ€s really important. While it may be good to educate our young on how many years a Senator serves, or how Supreme Court justices are appointed, itâ€s not enough. Seriously lacking in the public discourse is the actual purpose of the Constitution – its underlying principles.

The founding generation spent their lives toiling under a tyranny – a government without limits. But, when the Constitution was written, it was done to codify in law that the powers of government would be limited to those which had been delegated to it. The entire system was created under the principle of popular sovereignty – that ‘We the People of the Several States†created the government, and all powers not delegated to it, were retained.

But thatâ€s not something youâ€re likely to hear from politicians in Washington DC, political pundits, schools, or just about anywhere else. Itâ€s generally not in their interest, either. If politicians and their backers were promoting such crazy ideas as “originalism” and “limited government” theyâ€d never be able to convince you that they have the power to tell you what kind of health care plan youâ€ll be getting, how big your toilet can be, what kind of plants youâ€re allowed to grow, where youâ€re allowed to exercise your “right” to free speech, whom you can buy and sell from, and even when you must send your children to die for them.

MORE OF THE SAME

Throughout history, even kings and queens have often failed to survive such acts of hubris; but, in “free” America, the major parties that produce all the presidents continue to receive approval through tens of millions of votes. And where has that gotten people?

Well, letâ€s take a look at some major issues.

If you were opposed to war in the Bush administration, youâ€ve still got the same wars and threats of wars under Obama.

If you were opposed to national health care under Clinton, you got a massive expansion of government health care under George Bush, which laid the groundwork for an even bigger expansion under Obama.

If you didnâ€t like the federal government passing the Patriot Act without even reading it, youâ€re still getting the same failure to read today.

On the other hand, if you liked the Bush bailouts, youâ€ve gotta love the ones that Obama has given you!

No matter what side of the political aisle you sit on, the federal government is not your friend. Itâ€s not a friend to the Constitution, and itâ€s certainly no friend to your liberty. For years and years…and years, people have yelled “vote the bums out!” “Call Congress now!” “March on DC!” But, in the long run, little to none of this actually works.

If you oppose this national health care plan, theyâ€ll give you that one.

If you oppose one war, youâ€ll get another one. If you oppose todayâ€s bailout, theyâ€ll find a different one tomorrow.

In Studio at Tenther Radio

A DIFFERENT STRATEGY

Decade in and decade out, the government keeps growing, and your liberty keeps shrinking. And it doesnâ€t matter if the person in charge is named Obama, or Bush, or Reagan, or Clinton.

The bottom line? Looking to the federal government – whether itâ€s though elections, or protests, or lawsuits, or rallies – is a failed strategy. Going to the federal government to fix problems created by the federal government doesn’t work!

Here at the Tenth Amendment Center we’re working towards something different, and we’re thankful to everyone who’s made this organization a reality. Together, we can make a difference.

The post Constitution Day is this Saturday! appeared first on Tenth Amendment Center.

by Michael Maharrey

The Constitution, when followed as intended by the framers, provides a bulwark against overreaching governmental power.

“Power tends to corrupt, and absolute power corrupts absolutely.”

Lord Acton wrote those words in a letter to Bishop Mandell Creighton in 1887. Acton was an English historian and political philosopher. He held a deep distrust of governmental power.

“The danger is not that a particular class is unfit to govern. Every class is unfit to govern.”

Acton understood what few Americans seem to grasp today; concentrated power poses a grave danger to the liberties of the people. Even the well intentioned can easily slide down the slippery slope toward tyrannical behavior when placed in positions of authority.

Thomas Jefferson wrote, “Every government degenerates when trusted to the rulers of the people alone. The people themselves, therefore, are its only safe depositories.”

The founders of the United States understood the dangers of concentrated power all too well. They lived with it and spilled blood to end it. As a result, they endeavored to create a government, framed by the Constitution, with limited power. Further, they divided those powers among three branches, creating a series of checks and balances.

The founder’s fears were quickly proved valid. The Alien and Sedition Acts passed in 1798, just 11 years after adoption of the Constitution, made it clear that federal power would tend to expand.

The problem stems from a tendency of those in power to stretch and pull on limits in order to satisfy their own ends. Each of us believe our ideas best. And while we may recoil at the notion of others imposing their ideas on us, we seldom fail to rationalize that our own program possesses such overriding benefit that a little coercion would be OK in that particular case. It’s for their own good, after all, we reason.

The recently passed federal health care legislation provides a vivid case in point. Most recognize the problems in our health care system. Most agree that changes are necessary. But to legitimize the huge federal power grab progressives deem necessary to fix the problem, proponents must bastardize the commerce and the general welfare clauses to an extent that virtually grants the federal government limitless power.

“Power tends to corrupt, and absolute power corrupts absolutely.”

In the Virginia Resolution of 1798, a response to the Alien and Sedition Acts, James Madison warns of the dangers of expanding phrases beyond their original intent and meaning.

The General Assembly doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that implications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of power, in the former articles of confederation were the less liable to be misconstrued) so as to destroy the meaning and effect, of the particular enumeration which necessarily explains and limits the general phrases; and so as to consolidate the states by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

In other words, the Constitution must mean what it means.

Constitutional interpretation is not as mysterious and complicated as many would like to make it. The founders, framers and ratifiers wrote volumes on the subject, revealing not only the meaning of each article, but the principles underlying the document itself.

Instead of interpreting the Constitution through the lens of a progressive “living breathing” framework, which quickly devolves into pragmatic justification for expanding powers, we must understand the Constitution through the eyes of its creators. Otherwise, the document loses all real meaning, ripping down the bulwark protecting our liberties.

Jefferson summed it up nicely.

“On every question of construction let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or intended against it, conform to the probable one in which it was passed.”

The post How should we interpret the Constitution? appeared first on Tenth Amendment Center.

The following is the book’s preface, reprinted here with permission from the author. Audio version read by Jeff Riggenbach.

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It is Thursday, December 22, 1791. You live in Philadelphia, currently serving as the temporary capital of the newly-created United States of America. It has been only fifteen years since Independence was declared, and less than three years since the federal government began functioning under the United States Constitution.

For a long time, it had been touch-and-go as to whether the Constitution would be ratified at all. Two states initially refused to agree, and of the remainder five had approved the document only after the Constitutionâ€s supporters and moderate opponents had cut a political deal calling for a Bill of Rights. As soon as the new Congress met, two of the most important states, Virginia and New York, petitioned for a new convention to re-write the Constitution. Only after Congress had approved the Bill of Rights did Virginia and New York abandon their petitions and only then did the last two hold-outs, North Carolina and Rhode Island, join the union. The fourteenth state, Vermont, came in at the beginning of 1791.

Earlier on this day, you learned that the Bill of Rights had finally been ratified on December 15. So now, you reflect, the union is reasonably secure, evening is approaching, and your work day is done—and you are on a Philadelphia street corner with nothing particular to do. The weather is chilly and blustery, but there is a cure for that: A warm punch in a cozy tavern.

You enter the tavern and look around for a seat. The place is nearly full. But there is bench space at a long wooden table at one side of the room. Sitting around the table are men you recognize— eminently respectable men— some of Philadelphiaâ€s leading judges and lawyers. They are deep in debate about an abstruse point of real property law. Not being a lawyer yourself, you do not think of that sort of discussion as the key to a good time. But there are no other seats.

You slip into the empty chair and order your punch while the discussion swirls around your head. Eventually, you decide to turn the conversation elsewhere. You give a little cough.

The lawyers had barely noticed you, but now turn they their heads and break off the debate. “I regret that I feel unqualified to comment on your subject,” you say. “But, gentlemen, you know I am not a lawyer. May I suggest another topic?”

They seem interested. The prior discussion had been wearing thin anyway. “You no doubt have observed,” you continue, “that ten new constitutional amendments were proclaimed last week.”

“Yes,” responds one of your listeners. (You know him as a distinguished judge.) “They should work some change upon the system.”

“That is exactly what I wished to pursue,” you add. “What is that system? And what change does the Bill of Rights effect upon it?”

The lawyers look at each other. One of them—he is particularly known as an expert in wills and fiduciary trusts—smiles. “Well, my good man, that is an expansive inquiry whose response might consume some time. Are you otherwise engaged for the next few hours? ” The others laugh.

But you press your question. It is only seven oâ€clock, your spouse has gone to Carlyle to visit relatives and you are not “otherwise engaged.” Neither are you particularly eager to leave the warm tavern.

“I am at complete leisure,” you respond. “Please, say on.”

The lawyers glance at each other. “Well, why not?” asks one. “As it happens, we are not engaged either. The courts are closed tomorrow, and our wives are enjoying the comfort of each otherâ€s society. I dare say they have no present need of us!” More laughter.

“I think I can speak for my learned colleagues here,” the trust attorney interjects, “when I tell you that there is no topic on which we would rather discourse that our new Constitution. We have exchanged views on this subject before, and we differ on the small points. But I flatter myself that we are in accord on the great ones.”

You are a bit amused at how easy it is to induce lawyers to talk. You draw deep from the warm punch, and sit back, and listen . . .

What would those lawyers tell you that evening? What would have been their understanding of the scope of the new federal government and its powers? What would they relate of the role of the states or of the people? What, in other words, was the actual legal force of our Constitution as lawyers and intelligent lay persons understood it in 1791?

This book answers those questions. The answers were important in 1791, but they are especially important today, when our federal government seems to have wandered so far from its roots. Those answers are deemed relevant to constitutional interpretation by almost everyone, and many people believe them dispositive. That is, many Americans—lawyers and non-lawyers alike—believe the Constitutionâ€s original understanding should govern us today.

To be sure, some people—including the former law instructor who now serves as President of the United States—believe that it is impossible to reconstruct the Constitutionâ€s original meaning. As this book demonstrates, that view is substantially incorrect. Competent Founding-Era scholars largely agree on what most of the original Constitutionâ€s provisions mean. Much of the disagreement among constitutional writers results from unfamiliarity with the historical record or with eighteenth-century law. We will never be absolutely certain of the complete meaning of every constitutional clause. But we can reconstruct most of the original Constitutionâ€s meaning with clarity and confidence.

The Structure and Approach of this Book

Our lawyer friends in the Philadelphia tavern probably would not explain the Constitution clause-by-clause, since it would be more efficient to approach the subject by general topic. That is the approach in this book. We shall begin by surveying some history and values shared by the Founding Generation—material you would not have had to ask about in 1791, but might not know today. Then the chapters proceed theme by theme. For example, one chapter examines the role of the states in the federal system. Another treats all of Congress†enumerated (listed) powers, no matter where in the Constitution they appear. Still another discusses the executive branch. Because this book speaks of the Constitution as it stood in late 1791, it generally uses the past tense. This keeps the work internally consistent, and reminds you that the content does not necessarily reflect constitutional law as the courts apply it today.

Footnotes and Bibliography

Most of the conclusions in this book are based on the densely-referenced studies listed in the chapter-by-chapter bibliography. Others are based on new research. In general, I have limited footnotes to four functions: providing cross-references to other parts of the book; providing references to the part of the Constitution then under discussion; citing material not found in the studies listed in the bibliography; and, in a few cases, commenting on modern constitutional issues related to the text.

Framers, Ratifiers, Federalists, Anti-Federalists, and Founders—the Words Defined

This book refers frequently to the views, goals, methods, and comments of the people who wrote, debated, and adopted the Constitution and the Bill of Rights. The Framers were the fifty-five men who drafted the Constitution at the federal convention in Philadelphia, between May 29 and September 17, 1787. The Ratifiers were the 1,648 delegates at the thirteen state ratifying conventions meeting from late 1787 through May 29, 1790.

The Federalists were participants in the public ratification debates who argued for adopting the Constitution. History has labeled (unfairly) their opponents as Anti-Federalists. The Founders comprised all who played significant roles in the constitutional process, whether they were Framers, Ratifiers, Federalists, or Anti-Federalists. Although the Framers and Ratifiers were all male, the Founders were not. Women such as Mercy Otis Warren, an important Anti-Federalist writer (and later a leading historian), helped to shape public opinion about the Constitution.

Also among the Founders were the members of the Confederation Congress (1781-89) and its leading officers, as well as the members of the initial session of the First Federal Congress (1789). That session drafted the Bill of Rights and debated and resolved several constitutional issues while North Carolina and Rhode Island were still weighing whether to join the union, and while Virginia and New York were petitioning for a convention to propose amendments.

Many Founders fit into more than one category. For example, James Madison and Alexander Hamilton were Framers, Ratifiers, leading Federalists. John Jay, who served the Confederation as Secretary for Foreign Affairs, did not attend the constitutional convention, so he was not a Framer. But he did serve as a delegate to the New York State ratifying convention, and he wrote some of the essays in The Federalist (or, as they are commonly called, The Federalist Papers) urging that the Constitution be approved. He was therefore a Ratifier and a Federalist as well as a Founder. Elbridge Gerry of Massachusetts actively participated in the federal convention, but publicly opposed the final result, so he was a Framer and an Anti-Federalist. He was not a Ratifier, but did go on to play a prominent role in the First Federal Congress. Like Gerry, George Mason was a Framer and an Anti-Federalist. He also was a delegate at the Virginia ratifying convention, and therefore a Ratifier.

In this book, the phrase Founding Generation means the entire involved populace—Framers, Ratifiers, Federalists, Anti-Federalists, Founders, and anyone else participating formally or informally in the great national debate over ratification.

Evidence for the Original Constitution

Lawyers, judges, and scholars seeking the Constitutionâ€s original legal effect use certain “standard sources.” These sources include the text of the Constitution itself, the federal convention notes prepared by James Madison and other delegates, debates in the state ratifying conventions, The Federalist, and a few other documents, such as the Articles of Confederation and the early state constitutions.

The standard sources are of great value, but they are not sufficient. For example, the royal commissions and instructions to colonial governors helped shape the Founding-Era understanding of the executive power, but those sources are rarely referenced today. The Federalist exercised an important influence in the ratification debates, but lesser-known writings exercised more.

Another valuable source often overlooked is the law of the Founding-Era. Most of the leading Founders were lawyers and the general public was far more knowledgeable about law than it is today. The Constitution was, of course, a legal document written in a particular legal environment. So you need to know something of the 1787 law to fully understand the meaning of a legal document written in 1787. Sometimes a few pages from Baconâ€s Abridgment or Jacobâ€s New Law-Dictionary can resolve decades of academic dispute.

For these reasons, lawyers, judges, and scholars have been paying more and more attention to evidence outside the standard sources. Herbert Storingâ€s The Complete Anti-Federalist was published in 1981. It is a collection of the long-neglected arguments against the Constitution. The Wisconsin Historical Society has been issuing its multi-volume Documentary History of the Ratification of the Constitution. The National Historical Publications and Records Commission and George Washington University have sponsored the Documentary History of the First Federal Congress. Dedicated people, such as Texas attorney Jon Roland (www.constitution.org) have posted on the Internet hundreds of documents previously accessible only in top academic libraries. The Gale Companyâ€s Eighteenth Century Online database now makes available much of the Founders†literary world, enabling you to find dozens, sometimes thousands, of word usages in a few seconds.

In writing this book, I have had the advantage of all those sources.

Rob Natelson is a recently-retired Professor of Law at the University of Montana and a leading constitutional scholar. He is co-author of a forthcoming book on the Necessary and Proper Clause to be published by Cambridge University Press. He is also the author of The Original Constitution: What it Actually Said and Meant, published by the Tenth Amendment Center. Professor Natelson is a Senior Fellow in Constitutional Jurisprudence at the Independence Institute.

The post A Tavern in 1791 appeared first on Tenth Amendment Center.

Lew Rockwell interviews Tom Woods, on his new book, Nullification: How to Resist Federal Tyranny in the 21st Century. Thanks to the internet, Americans can learn about such forbidden ideas as the Principles of 1798, when Jefferson and Madison laid out the idea that to give the central government the sole ability to interpret the constitution was the path to tyranny, and that the states have the right and the duty to oppose tyrannical actions by the feds.

Regimists try to demonize the idea of nullification, as they attempt to demonize all ideas that undermine centralized power, but that is not scaring libertarians, Tea Party people, and other dissidents. Nullification, decentralization, self-government, self-determination, even secession: the time of these un-PC ideas is here, and the Woods book may be the handbook of the revolution.

Websites:
https://www.tenthamendmentcenter.com/ *includes a legislative tracking page
https://www.werefuse.com/ *declares the national health care law Unconstitutional
https://www.thomasewoods.com/ *Tomâ€s personal web page
https://www.lewrockwell.com/ * all the best of the articles here

Cross-posted from the Lew Rockwell show

The post How to Resist Federal Tyranny in the 21st Century appeared first on Tenth Amendment Center.

Lew Rockwell interviews Michael Boldin, founder and head of the Tenth Amendment Center.

What is the Tenth Amendment, and why should we care? (“Amendment 10 – Powers of the States and People. 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.”)

Itâ€s a linchpin of the states rights phenomenon that is lighting a prairie fire all across the country. And it is not a “right-wing movement,” despite the MSMâ€s claims. Indeed, its most powerful component is the drive to legalize medical marijuana. (The pro-gun and anti-REAL ID movements are important too, of course). The feds ordered the states to crack down, but they ignored our overlords.

And here is a lesson for all of us. Electoral politics, except Ron Paul, tends to be a corrupt sham. Rather than write, call, or fax congressmen or senators, or work to exchange Bum B for Bum A, ignore the federal government as we peacefully resist. That drains its power. Like the Devil, it needs our consent.

Websites:
Tenth Amendment Center
WeRefuse.com

cross-posted from LewRockwell.com

The post States Revolt Against the Federal Government appeared first on Tenth Amendment Center.

Many of us, after years of indoctrination at our government schools, were left with a sense that there is a great government force working hard every day to protect us and look after our best interest. We were told that government standards keep us safe from disease, that government highway regulations keep us safe from car accidents, that federal agencies make sure that the food we eat will be healthy.

The result of all of this? Americans everywhere drive more carelessly, do not research what they put on their plate and take medications that leave them sicker, rather than healthier.

For government officials, free from the scrutiny of the free market and any sort of competition, they typically have one primary goal once they have obtained their coveted position of power- to retain that power and gain even more. This is a simple fact of human nature, that power corrupts and absolute power corrupts absolutely.

A great example is the Food and Drug Administration, which after obtaining the confidence of the republicâ€s masses has been responsible for regular introduction of medications that maim and even kill those who trust itâ€s oversight. This is hardly surprising when one considers that many FDA regulators were installed after terms as drug company lobbyists. Likewise, Federal officials entrusted with Americaâ€s food supply have allowed the greatest food experiment in the history of mankind- the use of Genetically Modified crops.

The dangers of this veil of protection not only enables Americans to become ignorant, mindless sheep but also allows the growth of power, as recently seen with the Federal forays into finance and medical care.

Those who seek the protective hand of big brother pay a high price as they trust their quality of life to a largely self serving group of legislators. If the goal is a better quality of life, the solution is simple: more responsibility and less government involvement.

Bryce Shonka [send him email] is the State Chapter Coordinator for the California Tenth Amendment Center. He also serves as the Media and Grassroots Director for the National Tenth Amendment Center. He resides in Los Angeles, CA.

The post The Great Lie of the Nanny State: Government Works appeared first on Tenth Amendment Center.

Sheriff Richard Mack, the former sheriff of Graham County, Arizona, talks about how the sheriffs in this country are indeed the ultimate law authority in their respective jurisdictions, how the sheriff has the power and responsiblity to defend his citizens against all enemies – foreign and domestic, how presidents use the IRS as a political hit squad on their opponents, his landmark court case – and supreme court victory – in response to the Clinton administration and the Brady Bill back in the 1990’s, the federal government’s authority being only that which has been delegated to it in the Constitution, how to approach your county sheriff to encourage them to stand up for the Constitution, and more.

Mentioned in this Show

www.sheriffmack.com

The County Sheriff: America’s Last Hope

Printz v United States

Sheriff Mack Video on the Supremacy Clause

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

The post Sheriff Mack: The County Sheriff, America’s Last Hope appeared first on Tenth Amendment Center.

Walter Kirk Wood, professor of history at Alabama State University and expert on the principle of nullification, explains the history of nullification in the American Constitutional tradition, a federal system as a check on arbitrary, centralized power, Imperium in Imperio and the American colonies, the three prominent nullification movements in early American history, James Madison’s “report of 1800,” Madison as the father of nullification and his notes on the Constitutional Convention, the extended-republic of the anti-federalists, how nullification acts as a check on central power and is inherent in a federal system, how nullification was virtually lost for over a century, its return in recent history, America’s first freedom as freedom from government, and more.

Mentioned in this Show

Nullification: A Constitutional History (vol 1)

Nullification: A Constitutional History (vol 2)

Madison’s Notes On the Constitutional Convention of 1787

Republic of Letters: Jefferson and Madison

Kentucky Resolutions of 1798

Virginia Resolution of 1798

NullificationHistory.com

Current Nullification Efforts

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

The post Kirk Wood: Nullification, A Constitutional History appeared first on Tenth Amendment Center.

Kevin Gutzman, best-selling author and expert on American Constitutional history, discusses the 14th Amendment and the Incorporation Doctrine, how the doctrine has given us government by judiciary instead of government by representation, the Due Process clause, Substantive Protections vs. Due Procedure, the original intent of the 14th Amendment, how the courts changed that meaning over the ensuing five decades, the Bill of Rights as a limitation on the power of Congress, how the incorporation doctrine has turned the principles of federalism on its head, representative government vs. government by “experts” Privileges or Immunities and The Slaughter-House Cases, rights of State citizenship, how James Madison warned that those in government would tend to use and expand power, some of the greatest violations of the Constitution under the doctrine of incorporation, why federalism and decentralization is a better system to secure liberty, and more.

Mentioned in this Show

KevinGutzman.com

The Politically Incorrect Guide to the Constitution

Who Killed the Constitution

Virginia’s American Revolution

Slaughter-House Cases

Lawrence v Texas

The post Kevin Gutzman: Freedom vs the Courts appeared first on Tenth Amendment Center.

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Mentioned in this Show

Federalist #41

United States v Butler

Korematsu v. United States

More from Rob Natelson:

Are Campaign Finance Laws Constitutional?

Is ObamaCare Constitutional?

Claiming Almost Everything is “Commerce”

The post Podcast: A Lesson on the General Welfare Clause appeared first on Tenth Amendment Center.

But hereâ€s something fundamentally important that NYT writer Monica Davey claims in her article:

…the Constitutionâ€s supremacy clause ordinarily allows federal law to, in essence, trump a state law that conflicts with it…

A best, this is a highly-misleading statement.

There are two main points to make here:

1. The “supremacy clause” does not allow federal law to trump state law in all situations, or even “ordinarily” as Davey claims. It only does so when both laws are in pursuance of a power that has been delegated to the federal government by “We the People.” – in the Constitution.

2. We know that this is the case because Monicaâ€s version of the supremacy clause was actually proposed by leading founders – and rejected. When the Constitution was being drafted, James Madison and others proposed what came to be known as the “Virginia Plan.” A major part of this plan was to give the congress a veto over state laws. It was defeated. That means, in plain English, the founders considered this idea, and said no. And Davey is irrefutably wrong in her claim.

So we know from this short lesson that the supremacy clause did not authorize the power that Davey is claiming. In reality, things are pretty much the other way around. The biggest Constitutional problems that actually exist in this country are those times when the federal government exercises powers not delegated to it by “We the People.” And that happens far more often than not.

Unfortunately, though, not enough people know this important history of the Virginia Plan, and this basic premise of the Constitution, so theyâ€re easily swayed by patently false statements by people like Davey and the New York Times.

The post Getting the Supremacy Clause Wrong appeared first on Tenth Amendment Center.

by Rob Natelson

Effectively defending American federalism requires us to remember that federalism was not created by the states – nor was it created for state benefit.

Federalism was fashioned by the American people – for the benefit of individuals and of the people as a whole. Justice Sandra Day Oâ€Connor, possibly the most eminent defender of the Tenth Amendment to sit on the modern Supreme Court, put it this way:

The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals. State sovereignty is not just an end in itself: “Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power.”

CLICK HERE TO READ THE ORIGINAL ARTICLE

The post Getting the 10th Amendment Right appeared first on Tenth Amendment Center.

by Josh Eboch

Anyone who desires a constitutionally limited federal government should remember and celebrate that its limitations would necessarily cut both ways. Because if federal policy actually adhered to the letter of the Constitution, no single ideological camp could wield sufficient power to impose a set of beliefs on the entire country.

Which was exactly the point of our federalist system, and of the 10th Amendment. Beyond specific, enumerated federal powers, an infinite number of issues were intentionally left to the authority of the people through their state governments. And it is to the states that liberals, conservatives, and even libertarians must address all questions extending beyond the constitutional purview of federal authority.

Click Here to Read the Full Article

The post Federalism, Freedom and the Constitution appeared first on Tenth Amendment Center.

The post Nancy Pelosi: Wrong on Health Care appeared first on Tenth Amendment Center.

by Michael Boldin

This year, seven states have passed sovereignty resolutions under the 10th Amendment to the Constitution of the United States. Two states passed laws nullifying some federal firearms regulations. Thirteen states now have Medical Marijuana laws in direct opposition to federal laws. And three states are considering constitutional amendments allowing residents to effectively opt-out of any future national health care plan.

What does this have to do with September 17th, Constitution Day?

everything.

The Constitution of the United States was a revolutionary document. “Before it, no government in history had seen its duties and restrictions so clearly and carefully defined”

When it was being considered for ratification, there was strong opposition from famous American figures that included George Mason and Patrick Henry. “One major reason for this was a fear of too much power

The founding generation spent their lives toiling under a tyranny – a government without limits. When the Constitution was written, it was done to limit the power of government. It was created under the principle of popular sovereignty – that ‘We the People of the Several States’ created the government, and all powers not delegated to it, were retained.”

Depending on how you count them, the People delegated approximately 35 powers to the federal government and not included in those powers are national health care, the creation of free speech zones, federal gun regulations, the war on drugs, and more.

The Constitution is not exclusively for either the left or the right. It established rules for limiting the power of government so your liberty would have a better chance of success. The founders created a system of government where the most important and most difficult issues would be kept close to home, and that’s just the opposite of how things are today.

Over the years, wise men and women warned us that the Constitution would never enforce itself. Its high time that people start recognizing this as fact. No amount of calling or voting or litigating or hoping will get federal politicians to restrict their own power.

That’s why we at TenthAmendmentCenter.com created the 10-4 Pledge so people can find candidates for office who believe in the strict limitations on power that the Constitution stands for.

The 10-4 Pledge is a set of 10 affirmations and 10 promises for legislators and candidates. Included in the pledge is an affirmation that “All just political authority is derived from the People,” and a promise that elected officials will always vote “in favor of the Constitution of the United States. Every issue. Every time. No exceptions. No excuses.”

Already, several prominent candidates have affirmed these positions as early-signers of the pledge, including Randy Brogdon for Governor of Oklahoma, Adam Kokesh for US House in New Mexico, and Brandon Creighton from the Texas House of Representatives and author of HCR-50 – the Texas Sovereignty Resolution.

So whether youre on the left, or on the right, or even somewhere in the middle, the path to freedom, the path to your political goals lies not in Washington D.C. Instead, it lies in Madison, and Jefferson (City), and other state capitols around the country.

So this Constitution Day take a new pledge. Ignore and resist the federal overnment. Its as worthless as it is dangerous.

Michael Boldin [send him email] is the founder of the Tenth Amendment Center.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

The post The 10-4 Pledge for the Constitution appeared first on Tenth Amendment Center.

Mentioned in this episode:

HJM4009

Rep Shea’s Legislative Page

Bring the Guard Home

Sign up for Rep Shea’s Newsletter

Grassroots Central

State Government and Tribal Affairs Committee

Find Your WA State Legislator

The post Matthew Shea: Standing up for the Constitution appeared first on Tenth Amendment Center.

Rob Natelson, recognized national expert on the framing and adoption of the United States Constitution, and Professor of Constitutional Law, Legal History, and Advanced Constitutional Law at the University of Montana School of Law talks about how the Supreme Court allowed the Federal Government in the late 1930s to drastically change the way the US Constitution is interpreted, how the Court initially tried to hold a line against FDRs expansion of power but changed position even before the infamous court-packing scheme, how the Commerce and Taxing powers were almost turned upside down,  the Necessary and Proper clause and incidental powers, the false claim that the Supreme Court is conservative, how bad precedent leads to more bad court rulings, state elections as critical for Constitutional activists, and more.

Editor’s Note: Professor Natelson notes one error in the podcast:  He should have given Justice Breyerâ€s first name as “Stephen.”

Mentioned in this Show:

United States v Darby Lumber

Wickard v Filburn

The Heritage Guide to the Constitution

Robâ€s Page at the University of Montana

Scholarship of the Original Understanding of the Constitution

More from Rob Natelson:

Is ObamaCare Constitutional?

Claiming Almost Everything is “Commerce”

The New King George

It’s the People’s Right!

Podcast: Understanding Federalism

The post Rob Natelson: A Constitutional Coup d’etat appeared first on Tenth Amendment Center.

by Michael Boldin

The following was a prepared statement for the 10th Amendment Forum in Orlando, FL on 08-22-09

First of all, thank you for allowing me a few moments to be here with you today – itâ€s an honor to be able to speak with you, even if itâ€s from the other side of the country where I am here in Los Angeles, California.

As the founder of the Tenth Amendment Center, Iâ€m often asked – why the Tenth Amendment?  Why do we need it?  And I truly believe thatâ€s just what people like you and I were asking back in the time when this country was founded, too.

But, the answer isnâ€t complex.  It isnâ€t difficult.  Itâ€s simple and itâ€s easy to understand. The People of the day, the Founding Generation, like so many of us today, recognized that a government of strictly limited powers is the only one that has a chance of protecting our liberty – and thatâ€s just the kind of government that the People created when they ratified the Constitution so many years ago.

They did this because they knew through their own life experience, that a government without limits is a tyranny.

The 10th Amendment was ratified as an exclamation point on the Constitution – and it lays out in plain English that our federal government is to be one of limited, enumerated powers – not the nearly unlimited, unchecked one that it has become today.

It truly is our modern line in the sand.  On one side, we have those who believe in limiting the power of politicians, and on the other are those that trust the government to do everything.

The 10th Amendment is the safety valve that makes it clear, especially in conjunction  with the 9th, that it was The People who created the federal government to be our agent for certain enumerated purposes…….and nothing more.

The federal government didnâ€t create itself – and the state governments didnâ€t create it either.  It was The People who created the federal government, and it is the People who are sovereign in the American system.  This couldnâ€t have been more clearly stated than it was in the Federalist Papers, #22. And hereâ€s the quote:

“The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.”

And that wasnâ€t Madison or Jay.  It was the man who at the time was seen as the greatest believer in centralized power, Alexander Hamilton.  So, back then, even the great centralizer recognized that power comes from the People.  And thatâ€s the way it was at the beginning – and thatâ€s the way it is today.

So only when “We the People” actually regain that power over the government that is supposed to be our agent – only then will we ever see liberty and prosperity flourish in this country.

And, I believe that the path to this is not in Washington D.C.  Itâ€s not in asking federal politicians to let us exercise our rights, or hoping that federal judges will give us permission to exercise our rights.  But instead, the path is in Tallahassee and state capitols around the country.  Courageous State legislators – like your own Carey Baker and Scott Plakon – are calling on the Jeffersonian tradition of nullification to resist unconstitutional federal laws.

When a state “nullifies” a federal law, it is proclaiming that the law in question is void and inoperative, or “non-effective,” within the boundaries of that state; or, in other words, itâ€s actually not a law as far as that state is concerned.  We see this principle being raised in opposition to national ID cards, federal gun regulations and even proposed national health care plans.

Starting in 2007, there was a state-level resistance to the federal government that rose up in a way that this country hasnâ€t seen since the mid-19th century.  Approximately two dozen states simply refused to comply with federal law.  They refused to implement the Bush era Real ID act.   And guess what?  Today itâ€s gone without even needing congress to repeal it.

So whatâ€s the lesson?  Through nullification, we can effectively resist DC and whatever they try to shove down our throats.

This year, 26 states have seen a firearms freedom act introduced, and already two states have already made them law – thatâ€s Montana and Tennessee.

Sources close to the Tenth Amendment Center tell us to expect to see ten states introduce state constitutional amendments which would effectively ban a forced national health care plan – and your state of Florida is leading the way.

Thereâ€s plenty of outrage these days, and that can be seen by the activism at town hall meetings around the country.  But think of it this way – If, instead of making demands on federal politicians who donâ€t listen to us anyway, all this energy was instead focused on state governments, weâ€d probably see 10 or 20 health nullification bills in states already.  And Obamaâ€s health care program would be just that much closer to being dead in the water today.

The bottom line?  As Jefferson wrote back in the Kentucky resolutions of 1798 – the people of this country are not united on a principle of unlimited submission to their general government.

So, with that, I urge you – each and every one of you here right now – to take the ball and run with it.  When people like you say “Iâ€m not going to wait anymore – Iâ€m going to lead!” thatâ€s when weâ€ll see this great movement in support of the constitution and your liberty really take off.

Thank you.

Michael Boldin [send him email] is the founder of the Tenth Amendment Center.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

The post Why the Tenth Amendment? appeared first on Tenth Amendment Center.

Mark Edge, co-host of the syndicated radio show Free Talk Live, joins us to talk about the Free State Project in New Hampshire as decentralization in practice, moving towards smaller government on a state level, spreading liberty around the country by example, the insanity of violent response to activists by the federal government, the people of New Hampshire as having a streak of individualism and resistance to government encroachments, the state legislature in New Hampshire, liberty-loving lobbyists, the New Hampshire Liberty Alliance, Free Talk Live’s growing syndication, and more.

Mentioned in this Show:

Free State Project

Free Talk Live

Ridley Report

Free Keene

New Hampshire Liberty Alliance

The post Mark Edge: Activism in the Free State appeared first on Tenth Amendment Center.

Thomas J. DiLorenzo, published author and senior fellow at the Mises Institute, discusses the principle of nullification as a devolution of power away from the central government into the hands of the state or the people, Thomas Jefferson and the Kentucky Resolves as resistance to the Alien and Sedition Acts in 1798, ways nullification was put into practice all across the Union in the early days of the Republic, Andrew Jackson and resistance to the bank of the United States, the “Tariff of Abominations,” nullification of the fugitive slave act,  the slander of racism that proponents of big government often throw out at supporters of decentralization, secession as the ultimate brake on government,  the power and control of the IRS and the Federal Reserve, the Second Vermont Republic, and the progression of dictatorial powers through the Bush and Obama administrations.

Mentioned in this Show:

Hamilton’s Curse

Nullification, A Constitutional History

The Real Lincoln

How Capitalism Saved America

Mises.org

LewRockwell.com

Kentucky Resolutions

Virginia Resolution

Second Vermont Republic

Free State Project

The post Thomas J. DiLorenzo: Nullification appeared first on Tenth Amendment Center.

Paul Armentano, Deputy Director of NORML – the National Organization for the Reform of Marijuana Laws discusses the unconstitutional nature of the war on marijuana, the history of marijuana prohibition in the U.S., the commerce clause as a federal excuse to regulate and prohibit various activities, 13 states that are directly resisting unconstitutional federal laws, a rare 10th amendment victory in the Supreme Court, the growth of taxes on marijuana into outright federal control and prohibition, a state-level strategy to rein in the federal government, and his new book, Marijuana is Safer – So Why are We Driving People to Drink?

Mentioned in this Show:

NORML

LewRockwell.com

AlterNet.org

The Hill

Marijuana is Safer

The post Paul Armentano: The Unconstitutional War on Pot appeared first on Tenth Amendment Center.

Charles Key, State Representative from Oklahoma’s 90th District, discusses Oklahoma’s 10th Amendment Resolution, the Constitution and limits on the federal government’s power, the long-standing abuses of the constitution no matter which administration or party is in power, bailouts and real id as unconstitutional, why it’s urgent to act now, the OK gubernatorial campaign, the Firearms Freedom Act, and the constitution – not the federal government – as the source of law in the United States.

Mentioned in this Show:

Oklahoma Sovereignty Resolution

CharlesKey.com

@ckey – twitter

Facebook Page

Randy Brogdon for OK Governor

The post Charles Key: A Constitutional Republic appeared first on Tenth Amendment Center.