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.” - Tenth Amendment What a nasty, sordid presidential campaign, particularly if you live in a hotly contested area. Thankfully, we watch very little television, but wow, talk about being inundated with attack ads. Apparently, Ohio got the point, Romney is evil. Some voters are now elated while others are depressed. Still more risk experiencing buyer’s remorse. Many in battleground states are just relieved it’s over. The increasingly rancorous nature of elections reflects...

Yesterday's New York Times editorial: "A Big Storm Requires a Big Government": ***** Disaster coordination is one of the most vital functions of "big government," which is why Mitt Romney wants to eliminate it. At a Republican primary debate last year, Mr. Romney was asked whether emergency management was a function that should be returned to the states. He not only agreed, he went further. "Absolutely," he said. "Every time you have an occasion to take something from the federal government and send it back to the states, that's the right direction. And if you can go even further and...

In the presidential debates, Barack Obama and Mitt Romney ranged across dozens of topics, but an important one didn't come up: federalism. And no wonder. The idea that the Constitution grants only limited and enumerated powers and leaves the remainder to the states is foreign to those who believe that the national government should or even could address voters' every concern. But contrary to the view widely shared by the political class, Washington—in particular, Congress—does not have the power to pass any law it wants in the name of the "general welfare." Politicians should take heed. Voters are increasingly focused...

While the national conversation is focused on the presidential race and the nation’s poor economic health, the states continue to serve as a robust laboratory for ideas and policies. Despite the stunning growth of the federal government and the consequent take-over of many aspects of state government, business, health care and our private, daily lives, the states continue to prove that leadership and innovation can deliver game-changing reforms. There is plenty of encouraging news from around the nation with bragging rights going to places like South Dakota, Texas, Kansas, Florida—even Pennsylvania and Michigan where governors and legislatures are working together...

Phoenix—In a strong rebuke to the Obama Administration Wednesday, federal district court Judge Frederick J. Martone ruled that the Secret Ballot Amendment, which protects workers’ right to secret ballot in union-organizing elections, is constitutional. Drafted by the Goldwater Institute in 2009, the Save Our Secret Ballot amendment was added in 2010 to state constitutions in Arizona, South Dakota, South Carolina, and Utah, by voter majorities ranging from 60 to 86 percent. The constitutional amendment was sought after President Obama and congressional Democrats attempted to end the use of secret ballots in union-organizing elections and force workers into a system called...

A federal judge in Miami has ruled that Florida students cannot be charged higher non-resident tuition simply because their parents may be in the U.S. illegally. U.S. District Judge K. Michael Moore says the rules violate the Constitution. The lawsuit was filed earlier this year by the Southern Poverty Law Center on behalf of students who are U.S. citizens and Florida residents but whose parents cannot prove legal immigration status.

There recently appeared an article at Salon critical of the idea of repealing the 17th Amendment. In it, author Alex Seitz-Wald explains how the desire to return the selection of U.S. Senators back over to the state legislatures, as opposed to direct election now, developed, and why it would be harmful if tried. In this piece, the first of two on the subject, I’ll summarize the argument, argue the benefits of repealing this amendment, and correct a few points made by Seitz-Wald. His overview is that the idea had been a “hobbyhorse of the fringe right” for quite some time,...

1. Yes, the Federal government had the power to protect those whose constitutional rights had been infringed 2. No, the Federal government overstepped its boundary and infringed on the sovereignty of the states 3. I'm not sure

The fiscal crisis for states will persist long after the economy rebounds as they confront rising health care costs, underfunded pensions, ignored infrastructure needs, eroding revenues and expected federal budget cuts, according to a report issued here Tuesday by a task force of respected budget experts.

It can't be! It can't be! The feds are now cracking down bigtime on medical marijuana dispensaries despite a promise from the Obama Regime that it would leave them alone if they were in compliance with state laws. That is why the HUffington Post HUffies are so upset over the news that the feds are cracking down on the Harborside Health Center of Oakland, CA, the biggest medical marijuana dispensary in the world. You might remember Harborside and its owner, Steve DeAngelo, from the discovery channel's "Weed Wars" last year. Your humble correspondent, despite never having partaken of the...

Federal prosecutors have filed civil forfeiture actions against an Oakland medical marijuana dispensary that bills itself as the world's largest Harborside says it is the largest medical marijuana dispensary in the world, serving more than 100,000 patients In a statement on its website, the clinic said, "Harborside has nothing to be ashamed of, and will contest the Federal actions openly and publicly, with every legal means at our disposal." "We look forward to our day in court, and are confident that justice is on our side. Come what may, we shall continue to care for our patients unless we are...

PHOENIX -- Voters could get the right to overrule federal laws and mandates under the terms of an initiative filed late Thursday. The Arizona Constitution already says the federal Constitution "is the supreme law of the land." This measure, if approved in November, it would add language saying that federal document may not be violated by any government -- including the federal government. More to the point, it would allow Arizonans "to reject any federal action that they determine violates the United States Constitution." That could occur through a vote of the state House and Senate with consent of the...

Once someone uses the term “states’ rights” these days, the following conversation is seemingly inevitable: Person 1: “State’s rights!? Like the Confederates believed in? What, are you a racist!?” Person 2: “No, I’m not a racist! I just think that the federal government is too strong, that’s all! States have rights too, we’re supposed to have a FEDERAL system!” Person 1: “Oh, sure! You just think that the states need the RIGHT to discriminate against minorities!” Obviously, that was an overly simplified (and poorly scripted) conversation. My point is that most people automatically associate the term “states’ rights” with some...

The chairman of the House Judiciary Committee on Thursday accused the Justice Department of using data from an “agent of the Democratic Party” to bolster its case for blocking Texas' controversial voter ID law. Republican Rep. Lamar Smith, who represents Texas, said he’s "disappointed" and concerned by the "unacceptable" move, demanding an explanation in a letter sent to Attorney General Eric Holder. The letter notes that the Justice Department is using data compiled by a company whose client list has included President Obama’s own election campaign. "The Department of Justice has a responsibility to enforce and uphold the laws of...

6/28/2012, the day Federalism died. It is also the day that exposed the true nature of centralized Statist power, how one man could change not only the fundamental nature of the relationship between the people and the government, but how this one man did so after first siding with the Constitution and then changing his mind in order to protect the image of the Supreme Court. Yes, you heard that correctly; Chief Justice Roberts, whose job as a justice of the highest court in the land is to rule on the Constitutionality of a law, ruled instead on the basis...

U.S. Supreme Court Associate Justice Anthony Kennedy, in commenting on the dissent in the Obamacare case said, “In our view, the entire Act before us is invalid in its entirety.” He made his remark inside the Court on Thursday. In the written dissent, it states, “we would find the Act invalid in its entirety. We respectfully dissent.” President Barack Obama’s signature legislation – the Patient Protection and Affordable Care Act -- including the controversial individual mandate requiring that virtually all Americans buy health insurance or pay a penalty, was ruled constitutional by the U.S Supreme Court (5-4) on Thursday. Chief...

Tombstone, Arizona (CNN) -- The six Forest Service rangers suddenly crouched, whispering, on their way up the rocky mountain trail. It was early Friday afternoon, the first day of the Tombstone Shovel Brigade, and the rangers were out in force, hiking to the spot where dozens of volunteers worked with picks and shovels to move and bury Tombstone's makeshift water line. Shhh! Look! Do you see it?The rangers stopped in their tracks. Binoculars emerged from pockets, and fingers pointed to a stand of trees. And there it was, a Mexican spotted owl, perched high in a pine tree. It was...

This is an incredible story showing how far the federal government is from rational thought. Here’s what happened in Tombstone: Between May and July 2011, the Monument Fire engulfed a large part of the eastern portion of the Huachuca Mountains. Record-breaking monsoon rains followed. With no vegetation to absorb the runoff, huge mudslides forced boulders to tumble down the mountain sides, crushing Tombstone’s mountain spring waterlines, destroying reservoirs and shutting off Tombstone’s main source of water. In some areas, Tombstone’s pipeline is under 12 feet of mud, rocks and other debris; while in other places, it is hanging in mid-air...

In 2011, death row inmate Abdul Awkal sued an Ohio prison because he was receiving non-halal food while in prison. As a consequence, the Ohio Department of Rehabilitation and Correction banned all pork products in prison. This year, prisoner James Rivers filed a lawsuit arguing that pork should not be outright banned. He reasoned that, should Muslims not want to eat pork, they had the right to, but that it was discriminatory to ban pork for everyone. Additionally, the prison did offer meals without pork products in them before the ban. To reinforce Rivers's lawsuit, prison authorities argued that the...

Candidate for Senate Dan Liljenquist (left) pledged to The New American that should he be elected to the U.S. Senate he will offer legislation explicitly repealing the indefinite detention provisions of the National Defense Authorization Act (NDAA). In a press conference held on April 24 at 2:00 p.m. (MDT), the former Utah State Senator and current GOP challenger to six-term Senator Orrin Hatch described the indefinite detention provisions of the NDAA as “an overreach and a violation of the Bill of Rights.” He said that had he been in office when Congress voted to pass the NDAA he would have...