Free Republic

"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." I don't see power over health care or insurance or anything like that being delegated to the federal government anywhere in the constitution, so it is reserved to the states and the people per the tenth amendment. The federal government cannot dictate who or what must be covered or at what price or any other terms or requirements for private health care insurance or coverage. And, Robert's ruling notwithstanding, it is not...

The State of Tennessee filed a lawsuit on March 13, becoming the first state in the nation to sue the federal government over refugee resettlement on the grounds of the U.S. Constitution’s 10th Amendment, The Tennessean reported. Tennessee argues that the federal government has forced the states to pay for the refugee resettlement program, thereby violating the 10th Amendment, which says the federal government possesses only the powers granted to it by the U.S. Constitution and that all other powers are reserved for the states. While other states have sued the federal government over refugee resettlement, this lawsuit is the...

Congressional Republicans on Monday night released their formal plan for replacing Obamacare. Read the bill here.

While Trump may claim he’s for states rights, Attorney General Jeff Sessions just pissed on the opinions of about 71% of Americans who do not believe the federal government should attempt to ram federal laws down the throats of states where voters have legalized marijuana. After Press Secretary Sean Spicer essentially warned everyone last week that the Trump administration plans to crack down on states with recreational marijuana laws, AG Sessions backed that up on Monday with some bizarre statements that prove the guy actually believes Reefer Madness was a documentary. Via Politico: “Most of you probably know I don’t...

ttorney General Jeff Sessions has twice in two days publicly bashed marijuana legalization, abandoning his confirmation-process reticence to discuss the topic and reclaiming his colorful opposition. On Tuesday, Sessions told a Washington ballroom packed with state attorneys general – many of them in charge of defending laws that conflict with federal prohibition – that pot legalization should be resisted, though he did not describe any specific plans to challenge state-regulated markets. Attorneys general of three states with laws allowing for recreational sales told U.S. News after the remarks that Sessions needs to clarify his intentions.

Yesterday the Trump administration preserved federalism, respected the principle of local control over local schools, and corrected one of the Obama administration’s many lawless and radical executive actions. With a simple, two-page letter, the Departments of Education and Justice withdrew and rescinded two Obama-administration letters that purported to unilaterally redefine Title IX of the Education Amendments of 1972. The Obama administration had expanded Title IX’s explicit ban on sex discrimination in federally funded educational institutions to encompass “gender identity” discrimination and then imposed intrusive “guidance” on every federally funded school in the nation, on matters ranging from pronoun usage to...

Justice Department officials plan to issue new guidance on protections for transgender students that will effectively reverse Obama-era recommendations and ensure those issues are decided at the state level going forward. "That's an issue that the Department of Justice the Department of Education are addressing, and I think there will be further guidance coming from [Justice Department] in particular, with respect to not just the executive order but the case that's in front of the Supreme Court," White House press secretary Sean Spicer said Tuesday. The Supreme Court is slated to hear oral arguments late next month on a case...

WASHINGTON (AP) -- Citing increasingly sophisticated cyber bad actors and an election infrastructure that's "vital to our national interests," Homeland Security Secretary Jeh Johnson announced Friday that he's designating U.S. election systems critical infrastructure, a move that provides more federal help for state and local governments to keep their election systems safe from tampering. "Given the vital role elections play in this country, it is clear that certain systems and assets of election infrastructure meet the definition of critical infrastructure, in fact and in law," Johnson said in a statement. He added: "Particularly in these times, this designation is simply...

Because Hillary Clinton won the popular vote but lost the Electoral College, there are now voices clamoring for America to abandon the Electoral College and become a pure democracy with the winner of the presidential election by popular vote. Not a good idea. In fact it is a very bad idea. Americans should remember that the United States is not a democracy — it is a federated form of government where the role of the federal government is limited to delegated powers by the Founders. This action was then solidified by the 10th Amendment that declares “The powers not delegated...

Of all those whose predictions were dashed by this year’s presidential outcome (“Trump is headed toward a major loss” his Oct. 19 headline blared), few have been more exercised than the Washington Post’s E.J. Dionne (“white identity politics and male self-assertion triumphed” he railed the day after). Yesterday, in a piece titled “America will soon be ruled by a minority,” he joined the chorus now condemning the “undemocratic” Electoral College—in the name of the Founders, no less, the very men who created it. Ever the good progressive, he fails to appreciate the role states were meant to play in ordering...

The 17th Amendment, which allowed the popular election of U.S. senators, “disenfranchised” state legislatures and altered the U.S. Constitution's checks and balances, Chapman University Law Professor John Eastman told an audience of state legislators in Washington, D.C. last week. The amendment made it easier for Congress to pass legislation, which eventually led to the massive growth in federal power that the states are still grappling with today... “What the founders did is come up with this counterintuitive notion that adding an extra layer of government would provide less government and greater liberty. And it only worked if those governments were...

All: Thanks for responding. Paul, I agree with you, but there is a part of me that believes there might be something we can do. Dan, I agree with some of you your points, mainly the first, which is where I see my effort moving toward. Though, I am not sure how you measure the “corruptness” of the states verses the federal government. I consider the states nothing more than vassals of the federal government, some more than others. Lee, I am serious only to a point. In that I agree with Dan and I see this as first an...

NEW YORK (AP) -- For the combatants in America's long-running culture wars, the triumph of Donald Trump and congressional Republicans was stunning - sparking elation on one side, deep dismay on the other. Advocates of LGBT rights and abortion rights now fear setbacks instead of further gains. But the outcome emboldened the anti-abortion movement and breathed new life into the religious right's campaign for broad exemptions from same-sex marriage and other laws. Kelly Shackelford, head of First Liberty Institute, a legal group that specializes in religious freedom cases, said that, for his cause, the environment will transform from "brutal" under...

Hillary Clinton’s “dream” of a common market throughout the American hemisphere is a dystopian nightmare to many in this country. This dream was featured in one of the excerpts from her paid speeches to financial institutions released last week by WikiLeaks. My dream is a hemispheric common market, with open trade and open borders, sometime in the future,” Clinton said in a 2013 speech for Banco Itau of Brazil, “with energy that is as green and sustainable as we can get it, powering growth and opportunity for every person in the hemisphere.” John Kass of the Chicago Tribune wondered this...

Every US state has a motto. Some are interesting, like “Live Free of Die,” in New Hampshire, and some are sadly truthful, like, “Our Government is Vampiric” in Massachusetts. Just kidding. It’s more along the lines of “We’ll Tax You to Death,” or something like that. Anyway, some, like the motto for the 49th state, Alaska, are very upbeat and offer a sense of adventure. In Alaska, politicians tell us to look, “North, to The Future.” But, a shocking move by the federal government might inspire Alaskans to change their motto to, “Our Land Is Being Stolen By The Feds!”...

“The Civil Rights Division of the Department of Justice has provided oversight and recommendations for improvement of police services in a number of cities with consent decrees. This is one of the most effective ways to reduce discrimination in law enforcement and it needs to be beefed up and increased to cover as many of the 18,000-plus local law enforcement jurisdictions.” That was United Nations Rapporteur Maina Kai on July 27, a representative of the U.N. Human Rights Council, who on the tail-end of touring the U.S., endorsed a little-known and yet highly controversial practice by the Justice Department to...

Utah lawmakers recently approved a resolution calling on Congress to ratify an amendment to the U.S. Constitution repealing the Seventeenth Amendment. Ratified in 1913, the Seventeenth Amendment to the United States Constitution established direct election of U.S. senators by popular vote. Before the amendment’s ratification, senators were elected by state legislatures. The resolution, approved by the House of Representatives and sent to the state’s lieutenant governor for filing in March, was sponsored by state Sen. Alvin Jackson (R-Highland). ‘A Formal Check’ Todd Zywicki, a professor of law at George Mason University, says the Seventeenth Amendment removed a necessary safeguard against...

Donald Trump, the presumptive Republican presidential nominee, doesn’t talk all that much about education issues, but when he does, it is usually about the Common Core, rankings and spending. And usually he is wrong, wrong and wrong. In one Trump ad this year, he hit all three in just a few sentences: “I’m a tremendous believer in education. But education has to be at a local level. We cannot have the bureaucrats in Washington telling you how to manage your child’s education. So Common Core is a total disaster. We can’t let it continue. We are rated 28th in the...

North Carolina Gov. Pat McCrory (R) said the federal government gave the state an "unrealistic" deadline to respond to a letter informing him that the state's bathroom law violates the Civil Rights Act. "They gave the ninth-largest state in the United States ... three working days to respond to a pretty complex letter and to a pretty big threat," McCrory said on "Fox News Sunday." "We don't think three working days is enough to respond to such a threat." McCrory said he asked for an extension on Friday. The Justice Department sent a letter to the governor that says the...

For some time now, many have voiced the notion that federal law always trumps state law. According to the 9th and 10th Amendments, this is false. Numerous federal agencies have imposed unconstitutional regulations which carry the same impact and consequence as law. Many of these regulations limit our liberty and literally choke the life out of America’s small businesses. As Article VI, clause 2, states, “This constitution, and the laws of the United States, which shall be made IN PURSUANCE thereof…shall be the supreme law of the land.” Additionally, according to Article I § 1, only Congress can make law....