Keyword: 10thamendment
-
Al Gore, Deal or No Deal 24. Nov, 2009 Comments (5) Hey, Al Gore – you and the rest of the global warming zealots might want to reconsider your plans for forcing the Cap and Trade bill through. It was pretty easy to conclude that man-made global warming was a lie in the first place, but now your own “scientists” (yes, that is in quotes) have been caught fixing numbers, conspiring to erase emails and hiding data showing declining global temperatures. In other words, fabricating data to make sure the results fit the global warming agenda. That’s not science, but...
-
Missouri State Sen. Jane Cunningham (R-Chesterfield) drew much applause Saturday afternoon when she informed the crowd at the Million Med March about the Health Care Freedom Act she is going to introduce soon in the Missouri Senate.
-
During the Constitutional Convention, from May to September 1787, delegates from the colonies were to gather together for the express purpose of amending the Articles of Confederation to form a “more perfect union” (NOT a completely different union!). The men that met in Philadelphia, Pennsylvania, were under direct and limited orders from their states to attend the Federal Convention explicitly to preserve the federation and State rights and to correct the errors of the existing federal government for the limited purposes of handling foreign affairs, commerce among the states and common defense. Yet, during that private and secret convention, there...
-
In states around the country, there’s a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment. Already being considered in a number of state legislatures, and passed as law in Montana and Tennessee this year, the Firearms Freedom Act (FFA) is a state law that seeks to do just that. The latest to join the FFA movement? Kentucky. Pre-filed for the 2010 legislative session, HB87 seeks to “Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky,...
-
We are on the edge of a vast storm that is blowing wind in all directions. The winds are blowing dangerous objects all about like a many headed hydra; Healthcare Reform, Card Check, Financial Industry takeover, GM takeover, Stimulus Bill, Cap and Trade, earmarks. We are all concerned about our safety and our future, especially the future of our loved ones. We are beginning to see that the one thing that was constructed to save us (the U.S. Constitution) has been distorted, manipulated and ignored. The federal government which was sworn to uphold and protect that construction has morphed into...
-
Health Care Reform: Failure to buy health insurance in the just-passed health care bill could get you five years in jail with a $250,000 fine. How can violating a law that's unconstitutional be a felony? The passage last Saturday night of the House health care measure by a fragile 220-215 margin may well prove to be a Pyrrhic victory. In polls, townhall meetings and tea parties, Americans have shown they don't want a "reform" that costs a staggering $1.2 trillion yet fails to meet the left's desire of insuring all the uninsured. And they certainly don't want a bill that...
-
"I am urging Governor Perry today to call the Texas Legislature into special session. I am encouraging Attorney General Abbot to begin the work necessary to obtain an injunction against the IRS and the 111 other federal agencies empowered in this legislation to further embed Washington D.C. in our lives. These actions are critical to insuring that Texans are free to make our own decisions about healthcare” stated Medina.
-
Brady Campaign's Dennis Henigan seems to have problems understanding this document. The Brady Campaign's Dennis Henigan is apparently as unimpressed with the 10th Amendment as he is with the 2nd. This can be seen by his reaction to passage in Tennessee and Montana (and consideration elsewhere) of bills that would exempt firearms, ammunition, and firearm accessories made and sold within the state, from federal gun laws. That reaction is one of fussy disapproval. We know that individuals can defy the law. Can a state legislature defy the law? When it comes to the gun issue, apparently it can.I refer to...
-
It is no surprise that America's renewed focus on the separation between state and federal authority has created an almost hysterical rage on the Left. Collectivist ideologues are always necessarily threatened by divisions of power. But rather than shame dissenters into silence with labels like "tenther," the disdain shown by the political class and its sycophants for the Constitution has only heightened the growing tension between those in America who desire absolute central government, and those who still believe in the federalism and freedom of our founding.
-
Does the U.S. Constitution stand for anything in an era of government excess? Can that founding document, which is supposed to restrain the power and reach of a centralized federal government, slow down the juggernaut of czars, health insurance overhaul and anything else this administration and Congress wish to do that is not in the Constitution? The Framers created a limited government, thus ensuring individuals would have the opportunity to become all that their talents and persistence would allow. The Left has put aside the original Constitution in favor of a "living document" that they believe allows them to do...
-
Montana this month issued its first license for an industrial hemp-growing operation to a woman who said she wants to develop a domestic market for the plant despite federal law barring its cultivation. Laura Murphy, of Bozeman, was the first to apply for the two-year license since the state Legislature approved hemp's commercial cultivation in 2001. Federal law prohibits such activity, but the license issued by the Montana Agriculture Department on Oct. 14 could challenge whether the U.S. Drug Enforcement Administration is willing to override the state. Hemp is similar to illegal marijuana but without the mind-altering ingredient of the...
-
Tennessee is urging 49 other states to come together and create a "joint working group between the states" to combat unconstitutional federal legislation and assert state rights. Tennessee Gov. Phil Bredesen signed HJR 108, the State Sovereignty Resolution on June 23. According to the Tenth Amendment Center, the resolution created a committee to form a joint working group between the states to enumerate the abuses of authority by the federal government and seek repeal of imposed mandates. State Rep. Susan Lynn recently wrote a letter to the other 49 state legislatures, inviting them to join the group and warning that...
-
Although I don’t expect the state sovereignty movement to get a fair hearing over at Daily Kos, the total historical ignorance and vacuous credulity of some liberals never ceases to amaze me.A recent post, which purports to offer intellectual firepower capable of refuting the arguments of “tenthers,” essentially states that “Everything the federal government does is constitutional because the federal government says so.”Observe: Obviously Medicare, Social Security, and the Air Force (yes, I’ve had tenthers tell me the Air Force is unconstitutional) are legal because we’ve had them for decades without being struck down by the Supreme Court. Obviously. Except...
-
By now we have all heard the cliches and seen the posters from the “Tea Parties” espousing freedom, less government, and perhaps most of all, how the federal government had better back off trying to shove their national healthcare down our otherwise healthy throats. The truth of the matter is all the slogans of “Don’t Tread On Me” or “Give Me Liberty Or Give Me Death” or “We’re Mad As Hell And We’re Not Taking It Anymore,” don’t mean a thing when compared to reality; the real and actual answer to all the protests, marches, and outrage. The answer is...
-
I'm going to go back to this quote by Barney Frank of the US House, because it says everything those in state and local governments need to know: Barney Frank, the Massachusetts Democrat who is chairman of the House Financial Services Committee, said in an interview that the defaults were, in essence, worth it. “I don’t think it’s a bad thing that the bad loans occurred,” he said. “It was an effort to keep prices from falling too fast. That’s a policy.” Got it? It's a policy to screw the state and local governments. Huh, you say? It's simple, really:...
-
On Fox Business News, Governor Perry spoke at length with host David Asman about the relative economic and fiscal strength of Texas, even in these tough times. Governor Perry reiterated his five keys to success, including: 1. Don't spend all the money. 2. Keep the taxes low. 3. Make sure the regulatory climate is fair and predictable. 4. Tort reform to prevent frivolous lawsuits. 5. Fund an accountable education system to produce a skilled workforce. Because Texas has been fiscally responsible, Texas is still succeeding: Fox Business Interview (Video) The Governor also spoke out against cap and trade, which would...
-
A Montana lawsuit filed on Thursday challenges federal authority to regulate guns manufactured and sold within the state, an argument that would effectively invalidate federal firearm laws in Big Sky Country if adopted by the courts. The lawsuit arose out of a state law signed by Democratic Gov. Brian Schweitzer that took effect on October 1. It says that firearms, ammunition, and accessories manufactured entirely inside Montana are not subject to federal regulation, including background checks for buyers and record-keeping requirements for sellers. They would remain subject to state regulation, and machine gun manufacturing is not permitted. This is part...
-
The following article is from the June 1950 issue of analysis, vol. VI, no. 8, and was reprinted on LewRockwell.comThe Constitution that came out of the Philadelphia convention in 1787 was not acclaimed a “divine document.” On the contrary, the folks were rather skeptical about it and made ratification difficult. Yet there was no organized opposition. The Constitution simply ran head on into the individualism that had defied the arrogance of British Toryism. The backcountry, which started at the outskirts of the few seaboard cities, was as suspicious of a national government as if been hostile to foreign intervention. It...
-
ST. PAUL — In more than a dozen statehouses across the country, a small but growing group of lawmakers are pressing for state constitutional amendments that would outlaw a crucial element of the health care plans under discussion in Washington: the requirement that everyone buy insurance or pay a penalty. Approval of the measures, the lawmakers suggest, would set off a legal battle over the rights of states versus the reach of federal power — an issue that is, for some, central to the current health care debate but also one that has tentacles stretching into a broad range of...
-
NASHVILLE - The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told Tennessee gun dealers to disregard a state statute that exempts firearms made and sold inside Tennessee from federal gun laws and registration. The ATF says the federal laws still apply regardless of the state's move. The Tennessee legislature considered and approved several bills this year to reduce restrictions on firearms, including one bill that its sponsors labeled the "Tennessee Firearms Freedom Act." It passed overwhelmingly, the House 87-1 and the Senate 22-7, despite warnings by some lawmakers that it could subject Tennessee citizens to federal prosecution and...
-
There’s a growing movement on the part of states to override federal laws and regulations under the 10th Amendment, which reserves powers to the states not delegated to the federal government. So far, the battle lines have been drawn at Real ID, medical marijuana and firearms, but federally mandated health insurance may not be far behind. State sovereignty resolutions were introduced in 37 states this year; seven passed. Although the resolutions are not legally binding, Tenth Amendment Center founder Michael Boldin said they “serve notice” that states will no longer automatically enforce federal mandates in areas they believe the central...
-
Q: What is the AmericaAgain! project; what is its purpose? A: It’s a private charitable trust whose purposes are: a) We The People exercising our right of self-government by enforcing the U.S. Constitution in the courts of the sovereign States as has always been our duty; b) drafting and enacting reform legislation to serve the People, not corporate or socialist interests; and c) lawfully spreading Tax Honesty to shrink federal government by the power of the purse.
-
Federal Powers: Where in the U.S. Constitution does it say the government can force people to buy health insurance? And by what authority does it prohibit the purchasing of insurance across state lines?A key part of the administration's plan to reform health care is what is called the "individual mandate" — a requirement that everyone must have health insurance either through his or her employer or purchased individually. A good chunk of the uninsured are that way of their own volition. They are young and healthy and feel they have better things to do with their money at this point...
-
Millions of Americans are marching, blogging, calling Congress, E-mailing friends, and writing to newspapers to say that President Obama and Congress are expanding government too far, too fast. We need to do more, because it’s clear that they’re not getting the message. The latest example: the House of Representatives is preparing to put the Department of Education into the business of creating educational curriculum for American students. This week the House is scheduled to approve H.R. 3221, an education lending bill that CBO reports will increase the deficit by $50 billion. The bill includes a little-known provision to give...
-
MEDIA FAIL: MSNBC says the 10th amendment is "a bunch of baloney" YouTube Video
-
In one of the more profound pronouncements of the gubernatorial campaign so far, Ron Ramsey declared last week that Tennessee is "an island of sanity" in a nation that is headed in a frightening direction. Then he added: "The 10th Amendment means the 10th Amendment." This remark got a "hearty round of applause" at one of those anti-Washington rallies that have come into fashion since Barack Obama moved into the White House, according to a Kingsport Times-News report on the event. As a matter of rhetorical flourish, of course, this is also reminiscent of Ramsey's predecessor at lieutenant governor and...
-
That according to brilliant constitutional scholar MSNBC's David "biased in favor of facts" Shuster, who matter-of-factly insists the "general welfare" clause in Article 1 of the Constitution "unambiguously authorizes" social welfare spending like "social security, Medicare, veterans' care, etc." Shuster made his comments today shortly after 4:30 p.m. EDT in reaction to Minnesota Gov. Tim Pawlenty (R), who recently suggested that Tenth Amendment grounds could be a means of opposing as unconstitutional certain Democratic health care proposals.
-
On a Thursday night Republican Governors Association conference call with conservative activists, moderated by Erick Erickson of RedState, Gov. Tim Pawlenty broached the possibility of “asserting the 10th Amendment” to keep Minnesota from fully participating in a health care plan passed by Congress and signed by President Obama. The 10th Amendment reads:
-
The Pro-life Debate Between Bill Johnson and Rand Paul-- 10:10am, EST 9.02.09Press release from Bill Johnson's Senate Campaign... The Bill Johnson for U.S. Senate Campaign continues to run a low cost and fiscally responsible campaign. Rand Paul, a doctor, and Trey Grayson, a lawyer, are engaged in a battle about who can raise and spend the most money in a primary campaign. This conflict is typical Capitol Hill politics where tax and spend is the norm. How much money is enough? Instead of focusing on bank accounts, Johnson is concerned about Mr. Paul’s position on abortion as stated at the...
-
The agony of the San Joaquin Valley farmers continues. They’re losing their homes and life savings because the lunatics in the Environmental Protection Agency (EPA) and a heartless judge care more about a fish than human beings. The EPA has dammed off 90% of the Valley’s water supply because they want to protect the Delta Smelt. The Obama Administration simply doesn’t give a damn that they are killing these people. This can end today if California Governor Arnold Schwarzenegger stops wimping out, man’s up and acts decisively. If Schwarzenegger shows the fighting spirit that made him a champion body builder...
-
The arguments against the power of the states to arrest federal tyranny are as predictable as the sun coming up in the morning, and they are as philosophical in nature as the Declaration of Independence. One of the most commonly used arguments against such a State power is the United States Supreme Court (US S CT) dicta opinion in Marbury v. Madison in 1803, written by Chief Justice John Marshall. Before getting into the misunderstandings and misapplications of that infamous decision, we must first recognize the source and character of Marshall's opinion. As Marshall himself admitted that the US is...
-
Originally introduced and passed in Montana, the FFA declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. Since its passage in Montana, a clone of the Firearms Freedom Act has been enacted in Tennessee, and has been introduced in the legislatures of Alaska, Texas, South Carolina, Minnesota and Florida. Legislators in many other states have announced that they will introduce FFA clones when their legislatures next convene.The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the “commerce clause,” with firearms...
-
'This is an issue where the federal government has no business' Montana statehouse Supporters of a first-of-a-kind law in Montana that declared weapons or ammunition made and kept in the state were exempt from federal rules are preparing for a court challenge to the federal government's insistence it will regulate those items. The Montana Shooting Sports Association and the Second Amendment Foundation have formed a strategic alliance with plans to litigate over the Montana Firearms Freedom Act. The bill was passed by the 2009 Montana Legislature and signed into law by Montana Gov. Brian Schweitzer.
-
Executive Summary In 1980, illegal immigration in the United States was far from the overwhelming challenge it is today. It was only after the 1986 immigration reform bill, which provided amnesty to more than three million illegal aliens, that an ever increasing surge of people entering the U.S. illegally began. As the federal government failed to address the growing crisis, state governments began to take action. As early as 1994, Californians tried to deal with the financial burden of illegal immigration by passing Proposition 187, which would have limited financial benefits for illegal aliens in California. Although stopped by a...
-
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 – it’s an honor to be able to speak with you, even if it’s from the other side of the country where I am here in Los Angeles, California. As the founder of the Tenth Amendment Center, I’m often asked – why the Tenth Amendment? Why do we need it? And I truly believe that’s just what people like you and I were asking back in the...
-
The Tenth Amendment to the U.S. Constitution reads, "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." To educate people on the Tenth Amendment and what it means in terms of balancing power between the states and the federal government, the Salina TEA Party organization is hosting a rally Saturday. The rally starts at noon in Robert Caldwell Plaza, between the City-County Building and the Salina Public Library. Dr. Charles Romm, one of the TEA Party organizers, said that in reading...
-
“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.” This is the simple but powerful text of the 10th Amendment to our Constitution. The first impression a reading of Obamacare’s scheme brings to mind are the many blatant violations of the 10th Amendment it contains. One such violation is the demand that ALL medical service providers and facilities be compelled to include on staff translators able to render “language-appropriate services” in potentially hundred of languages. Page 91 lines 4 – 7...
-
No powers can be exercised by the Congress which are prohibited by the Constitution or which are contrary to its spirit. – Justice John McLean, Dred Scott v. Sandford, 1857 Is a federal government takeover of the health care system constitutional? Some argue that under the Constitution, Congress is not authorized to regulate or subsidize health care. Michael Boldin, founder of The Tenth Amendment Center, told WND that if citizens want to understand whether health care is constitutional, they must first understand the function of the Constitution. "The best way to look at it is that it doesn't apply to...
-
Article 3 in Series, Restoring Freedom: An Entrepreneur’s Perspectivepart 1, part 2We must bring our revolutionary product of individual freedom to market, and soon; otherwise servitude, Washington D.C.’s product of choice will monopolize and we will see out market share for freedom disappear and our great experiment in self-government fail.Crossing the Chasm, a book focused on bringing technology products to market, presents an analogy based on World War II Europe. After Hitler took control of Europe, the Allies were left without a front to counter Axis aggression. At the time many considered Europe lost. The Allies, faced with an impossible...
-
A Republican lawmaker said Monday that he will propose a constitutional amendment to protect Louisiana from the repercussions of possible national health-care changes. “This is kind of a way to throw the gauntlet down and stand up for ourselves as a state,” said state Rep. Kirk Talbot, a River Ridge businessman. Talbot said he wants to protect state rights in the health-care arena via a constitutional change he will seek in 2010. The change would require a two-thirds vote of the Legislature, then approval by the state’s voters to take effect. Arizona and Florida are already considering similar proposals. “I...
-
TIME FOR SECESSION Human Events ^ | 10/15/52 | Frank Chodorov By Frank Chodorov If I were governor of a state, or even a legislator, I would put my weight behind a secessionist movement; not secession from the Union, but secession from Washington. I would do so exactly because I favor the Union, as originally conceived and my advocacy of secession would be based on the same reasoning that prompted initiation of the Union, namely that divided authority is a good guarantee of freedom. The Union was—it still exists on paper—a voluntary association of autonomous states, each invested with...
-
On August 10, 2009, Alabama State Representative Mac Gipson along with 22 other co-sponsors, introduced House Joint Resolution 10 (HJR10). The purpose of the resolution is to “affirm the rights of all states including Alabama, based on the provisions of the ninth and tenth amendments to the United States Constitution.” HJR10 was introduced on the first day of the Alabama Legislature’s 2009 First Special Session. An Extraordinary (Special) Session can consist of no more than 12 Legislative (meeting) days, within a 30-day calendar period. The resolution was read and referred to the House of Representatives committee on Rules. Two similar...
-
Not since the rebellion in America was quashed in 1865 with the surrender of Robert E. Lee to Ulysses S. Grant has so much attention been paid to state sovereignty as is being paid today. More than 35 states have passed or are considering state sovereignty amendments, according to the Tenth Amendment Center. Just before leaving office, Alaska Gov. Sarah Palin signed a bill declaring that state’s sovereignty, joining Tennessee Gov. Phil Bresdesen in that regard. States are finally becoming fed up with the increasingly dangerous non-Constitutional overreach of the Federal Government, and State Legislatures are working to stop it....
-
Remember the good old days, when one only had to watch out for the Federal Government’s twisted interpretation of the commerce clause to justify tyranny? Well those days seem to be long gone. The Obama Administration has been employing an old tactic lately – what some might call an imperial threat – and they’re not doing it overseas, either. The state of Oklahoma is now the target of a direct challenge from US Attorney General Eric Holder, who is using the Civil Rights Act of 1964 as justification to violate Oklahoma’s sovereignty as affirmed by the Tenth Amendment to the...
-
Washington is selling servitude. * We watched as they destroyed the financial sector by forcing banks to give loans to people that could not afford them… then they stepped in to “save the day” by gaining direct control of our financial sector. * We watched as they destroyed a once powerful automotive industry through excessive regulation and labor union control… then they stepped in to “save the day” by gaining direct control of our automotive industry. * We listened as they verbally assaulted capitalism when government regulations were to blame. * We watched as they asked the American people to...
-
By Brian RobertsArticle 2 in Series, Restoring Freedom: An Entrepreneur’s Perspective – click here for part 1Washington is selling servitude. We watched as they destroyed the financial sector by forcing banks to give loans to people that could not afford them… then they stepped in to “save the day” by gaining direct control of our financial sector.We watched as they destroyed a once powerful automotive industry through excessive regulation and labor union control… then they stepped in to “save the day” by gaining direct control of our automotive industry.We listened as they verbally assaulted capitalism when government regulations were to...
-
Do We the People really establish our government or is the government 'self-establishing'? Let me explain the basis for the question. The 10th Amendment is an interesting article because of more than just the fact that it advances the idea of delegated powers. Certainly it reserves any powers not so delegated to the several States — excepting those few expressly forbidden to the States in the federal Constitution. Most of the time when people talk about the 10th Amendment this is as far as it goes where their presented logics are concerned and they essentially fail to address the full...
-
The battle over federalism begins on a new front as US Attorney General Eric Holder fired a shot across the bow of the great State of Oklahoma by threatening the loss of federal tax dollars over the State constitutional amendment initiative of an English-only requirement slated to appear on the 2010 ballot (via PatriotsForAmerica):
-
“In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” –Thomas Jefferson I would like to extend to you an opportunity to show your support for our United States Constitution’s Tenth Amendment. As you may be aware, I introduced Senate Concurrent Resolution 1609 to the Kansas Legislature in early February of this 2009 session. This resolution contains language which clearly spells out state sovereignty rights under the United States Constitution’s Tenth Amendment, “The powers not delegated to the United States by the Constitution, nor...
-
The House has passed a far-reaching food safety bill requiring more government inspections and imposing new penalties on those who violate the law, reacting strongly to an outbreak of salmonella in peanuts that killed at least nine people. The legislation would require greater oversight of food manufacturers and give the Food and Drug Administration new authority to order recalls. It also would require the FDA to develop a system for better tracing food-borne illnesses. Food companies would be required to create detailed food safety plans. President Barack Obama praised the bill soon after it was passed, calling it "a major...
|
|
|