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Under the radar: 10th Amendment Movement Picks up Steam
Examiner.com ^ | 7/19/09 | Nancy Morgan

Posted on 07/19/2009 6:52:52 AM PDT by NoobRep

Millions of Americans watch with horror as the Obama administration continues to implement its own version of 'change.' Change that involves an unprecedented and systematic devolution of power to the federal government, in direct contravention of the Constitution.

From the pending takeover of 17% of economy under the auspices of health care reform, to the government takeover and subsequent ownership of automobile companies, to the unconstitutional interference in the formerly private market under the rubric of stimulating the economy. Not to mention the proposed cap and trade legislation which would give the federal government unlimited powers of taxation and regulation under the guise of saving the planet.

Totally ignored by elected officials of both parties is the tenth amendment of the Constitution, which states very clearly, "The power 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."

Many Americans don't agree with the left's idea of a 'living constitution', arguing that the intent of the founders should govern the interpretation and application of the Constitution, not the whimsical and politically motivated present day politicians. And, largely unreported by the media, they are starting to stand up to the federal government.

To date, 37 states have introduced sovereignty resolutions, asserting their state's sovereign rights under the tenth amendment.

Earlier this month, Louisiana became the seventh state, joining Alaska, North Dakota, South Dakota, Oklahoma, Idaho and Tennessee to officially adopt a resolution affirming their sovereignty. These states are putting the federal government on notice that politicians in Washington do not have the right, under the Constitution, to continue to impose their increasingly onerous federal mandates on sovereign states.

Some states, with Arizona leading the way, are going a step further.

Under Arizona's Health Care Freedom Act, which was passed by the Arizona state legislature this month, a voting initiative will be placed on the 2010 ballot that, if passed, will allow Arizona to opt out of any federal health care plan.

Following Arizona's lead, five other states -- Indiana, Minnesota, New Mexico, North Dakota and Wyoming -- are considering similar initiatives to opt out of federal health care for their 2010 ballots This, even before Congress has created the program.

Arizona is also preparing for the misnamed 'climate' bill, that passed the House this month. (With eight Republican votes.) The Arizona state Senate voted 19-10 to approve a bill banning the Department of Environmental Quality from enacting or enforcing measures with language pertaining to climate change.

Other states are stepping up to the plate and asserting their state's sovereign right under the second amendment - a right that guarantees the right of the people to keep and bear arms.

On July 6, Florida introduced the Firearms Freedom Act which seeks to provide "that specified firearms, firearm accessories, and ammunition for personal use manufactured in state are not subject to federal law or regulation" in the State of Florida.

Increasingly, the representatives 'we the people' have elected to preserve and protect our rights, are ignoring the clear, unequivocal language of the Constitution. Our politicians seem unaware of the fact that the Constitution does not include congressional power to override state laws.

In fact, the power our representatives are now accruing to the federal government was expressly voted down, not once, but several times.

During the Constitutional ratification process, James Madison drafted the 'Virginia Plan' which advocated a strong federal government. It proposed, among other things, giving Congress legislative authority, and a veto over state laws. Each of Madison's proposals was soundly defeated. Our founders clear intent was vesting all powers in the states, with but a few, listed exceptions.

Ever since 1938, when FDR used the occasion of the great depression to drastically expand the scope of federal government (Wickard vs Filburn) using an absurd reading of the Commerce Clause, this unconstitutional taking of power by the central government has gone virtually unchallenged. Until now.

Though the media has ignored these efforts, 'we the people' are starting to fight back, via our state and local representatives.

Politicians need to be reminded that our Constitution is still in effect. And Americans need to be reminded that just because some believe the trendy notion that our Constitution is a 'living, breathing' document, doesn't make it so.


TOPICS: Business/Economy; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: 10th; 10thamendment; 2ndamendment; bho44; bhodoj; billofrights; constitution; donttreadonme; endthefed; holder; liberty; obama; secondamendment; statesrights; teaparty
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To: napscoordinator

Sooner or later a state will make a decision to cut the Federal Government off and it will cause a chain reaction. It starts with Texas.


21 posted on 07/19/2009 7:27:02 AM PDT by NoobRep
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To: NoobRep
ATF already has said it will ignore it.
22 posted on 07/19/2009 7:27:15 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: ExTexasRedhead

Love that first gal!!


23 posted on 07/19/2009 7:28:21 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: napscoordinator

all it will take is 1 state to stop sending in dollars to the federal government


24 posted on 07/19/2009 7:30:02 AM PDT by henry_reardon
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To: HerrBlucher

We are also a right to “carry” state, and a right to work state.


25 posted on 07/19/2009 7:30:10 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: mad_as_he$$

Yep, big battle brewing.

http://www.tenthamendmentcenter.com/2009/07/18/the-battle-begins-atf-vs-the-constitution/


26 posted on 07/19/2009 7:30:33 AM PDT by NoobRep
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To: Truth29

“This movement needs to go much further to be effective. Federal agents need to be arrested for entering a county without prior approval of local law enforcement; Federal taxes should be paid to the state to be redistributed to the Federal government if determined appropriate by the state; Federal climate and energy laws must be subject to state re-determination, Federal court decisions must be sharply circumscribed by state law, etc. In short, except for originalist constitutional functions, the state must be primary or this movement may feel good but it won’t have significant impact” Agreed!


27 posted on 07/19/2009 7:32:21 AM PDT by ebshumidors
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To: NoobRep


Oh... you must mean that "charter of negative liberties"... well remember...."I WON"

28 posted on 07/19/2009 7:34:24 AM PDT by GregoTX (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: Oldpuppymax

One way to accomplish what is going on is to take the money away from the Federal Government. They know also that if you take the money away from the people, via taxes, the people can’t do anything.


29 posted on 07/19/2009 7:35:10 AM PDT by RC2
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To: RC2

Exactly.

People and businesses are the ones that drive our economy, not the government. The government does not create jobs or wealth. They do just the opposite most of the time. Unless a conservative like Ronald Reagan gets voted in. That should tell you a lot right there.


30 posted on 07/19/2009 7:37:59 AM PDT by Ev Reeman
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To: NoobRep
To date, 37 states have introduced sovereignty resolutions, asserting their state's sovereign rights under the tenth amendment.

NOT ENOUGH.............

Only the threat of State secession will arouse the country from its slumber....

31 posted on 07/19/2009 7:39:11 AM PDT by cbkaty (I may not always post...but I am always here......)
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To: cbkaty

Its truly sad to think that it’s come to this...I think if they pass crap and tax along with mandated government health care, you’ll see the end of the country as it currently exists. Passing health care would be the equivalent of declaring war on small businesses and the middle class of the country.

There are far too many freedom loving people, including myself, that just aren’t going to live under what amounts to totalitarian facism by a foreign dictator like Barack Hussein Obama. Liberty is engrained in us and we don’t know any other way to live our lives.


32 posted on 07/19/2009 7:44:46 AM PDT by NoobRep
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To: NoobRep
On my way home from work, particularly on windy days, I see a 50x30 ft Confederate flag waving on a 140 ft. pole. And I'm glad to see it. For all the issues that swirled around the Civil War, the one most relevant today is States' rights and, to me, that's what that flag represents today. Its like the States' middle finger to Washington.

BTW, on the 4th of July weekend, they flew the Stars and Stripes which really doesn't really represent Washington, but represents those who struggled and suffered for our liberty. I guess that's why I find it so offensive when the Obama/Pelosi crowd use acres of flags as a backdrop to announce more assaults on our liberty.

33 posted on 07/19/2009 7:46:47 AM PDT by tbpiper (How would you define a 'domestic enemy of the constitution'?)
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To: NoobRep

I hope they add on the issue of the GM and Chrysler White-Crib-Engineered bankruptcy-reorganization that obliterated each state’s franchise laws (dealers screwed).


34 posted on 07/19/2009 7:47:39 AM PDT by SERKIT ("Blazing Saddles" explains it all.....)
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To: NoobRep

I do believe there’s some legislation in our AZ state gov’t to abstain from the National Healthcare that is proposed. I shall follow up with my county elected legislature to find out more if anyone is interested?


35 posted on 07/19/2009 7:49:32 AM PDT by spiderfern
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To: spiderfern

Absolutely-what Arizona is doing now should be a model for other states to follow.


36 posted on 07/19/2009 7:51:21 AM PDT by NoobRep
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To: theFIRMbss

There was a time when the law was knowable just by reading it. If the law said you stop your car when the light is red, you stop your car. In the early 60’s, the U. S. Supreme Court began reading the law as it wanted the law to read, not as it was written. The Court thought its wisdom trumped the black letter law and justice would be improved; they forgot that it was intended to be a restraint against those who are more ambitious than wise. Now the law means whatever the current black robe wants it to, and the words on paper have no meaning whatsoever. Before we start arguing for a literal reading of black letter law, we need to win the argument that judges are bound even to laws they don’t like.


37 posted on 07/19/2009 7:58:05 AM PDT by Spok (Viet vet and father of a Marine in the 1/1.)
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To: tbpiper

OH MAN did you hit my hot button. I cannot stand to watch ozero, pelosi and the rest wrap themselves in OUR FLAG. While at the same time they are working to destroy all that it stands for. Back during the 4th, I was so burned out on trying to spread the word, I didn’t want to fly the flag. Well, now Im back, rested and PISSED. I am flying my flag daily, unlike the sheeple who only fly theirs on the 4th only. The dims followers are so blinded by their ideology that they are willingly waving the flag while surrendering their libertys represented by that flag. Idiots all of them.


38 posted on 07/19/2009 8:01:35 AM PDT by Texas resident ( Boys and Girls, it's us against them.)
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To: NoobRep

I fear that our Republic may be torn apart by Obama with some states becoming so fed up with the dictates from Washington as to seek independent status.


39 posted on 07/19/2009 8:05:22 AM PDT by The Great RJ ("The problem with socialism is that you eventually run out of other people's money." M. Thatcher)
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To: NoobRep

Arizona, not TX may be where to move to?..


40 posted on 07/19/2009 8:08:43 AM PDT by JSDude1
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