'Tenther' movement aims to put power back in states' hands

CNN ^ | Feb 10, 2010 | By Ed Hornick, CNN

[Jim Robinson]

Washington (CNN) -- Their message is loud and clear: Big government is out of control; states need to take back their constitutional rights.

A movement has been growing over the past two years of urging states to exert their rights under the 10th Amendment. The Amendment, part of the Bill of Rights, 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." A number of states have passed resolutions that assert their rights. While the resolutions have no legal teeth, they're intended to carry a message: States' rights are being trampled on.

The anger behind the so-called 'Tenther' movement comes from what advocates see as the federal government's forcing policies on the states -- most notably on health care reform, economic recovery measures and social issues.

But critics of the movement say the resolutions go too far by nullifying or ignoring federal laws.

After the Georgia Senate's move in April 2009 for sovereignty, Atlanta Journal-Constitution columnist Jay Bookman wrote that this push has a "particularly nasty legacy."

"It helped precipitate the Civil War, and in the 1950s and early '60s it was cited by Southern states claiming the right to ignore Supreme Court rulings ordering the end of segregation," he wrote.

Bookman added: "You have to question the judgment of those who would have any truck whatsoever with such nonsense and who would jeopardize the reputation of the Georgia Senate to lend aid and comfort to such radical causes and fringe groups."

Other critics point out that if states want to send a clear message to Washington -- and not just pass resolutions -- they would refuse federal money or other services...

[dennisw]

Bob Dole carried around a pocket Constitution and loved to whip it out and quote the Tenth Amendment. During his latter years in politics not so much

[Jim Robinson]

Oh, they’ve read it and understand it. They just oppose it. They hate the constitution, believe it’s deeply flawed and that it stands in their way of achieving a socialist utopia.

And it does. Thank God!

Rebellion is brewing!!

[flash2368]

Last I noticed the Supreme court was part of the Federal Government and part of the problem. Are they they last and only interpreter of the constitution?

No they are not.. The state Legislatures have the power to deal with a Supreme Court that refuses to properly interpret the Constitution.

The Federal Government has grossly exceeded the bounds and limits proscribed in the Constitution and it is now the job of the states to put a stop to it. I think we are now at a moment in history where it must be dealt with or we will be inundated completely by a bureaucracy run amok.

[Jim Robinson]

We the people are the final arbiters in all things constitutional.

Rebellion is brewing!!

Just vote them OUT!!

[Steelfish]

Just won’t work.

The Supreme Court has struck down “Congressional” Legislation specifically allowed under section 5 of the XIVth Amendment when Congress sought to correct what it believed was a wrong decision of the Court.
Check City of Boerne v. Flores (1977)
Yes, the SC is the ultimate interpreter of the US Constitution. And of course that’s how we got Roe v. Wade to be the law of the land.

[Baladas]

“Tenthers”? Is that was this movement is called? I kind of like the name and I fully support its goals.

[Man50D]

"It helped precipitate the Civil War,

Bookman is actually claiming the Tenth Amendment caused the Civil War! Spoken like a true socialist!

[The Sons of Liberty]

Have you noticed that the liberals like to place a derisive label like “Tenther” or “Birther” on anyone, or any group, that wants to defend, or uphold The Constitution?

[NeoCaveman]

On the left we have “warmers” “changers” and “fisters” in addition to “taxers” and “spenders”

[ForGod'sSake]

Thanks for the ping EdReform and thanks JR for posting the article! Good to have the boss following the movement.

Coming from cnn, this is a mixed bag folks, but it's fairly obvious to the casual reader the author has "issues" with the 10th Amendment Movement and his Constitutional "expert" needs to attend remedial comprehension classes on the King's English. He also apparently has difficulty with the simple language of the 10th Amendment. I wouldn't expect anything less from cnn OR their experts...

cnn and their Constitutional "expert" have entered the room!

Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

I've stopped monitoring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Sovereign States
Firearms Freedom Act

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

[Notary Sojac]

It would be great if we could have some sort of structured debate among Freepers as to whether the Tenth Amendment trumps the Fourteenth, or vice versa, when it comes to the question of abortion.

[eartick]

The TCC is leading it, Perry is attending.

[cvq3842]

Gross, but hilarious!

[LTCJ]

Actually;
The “States Rights” issue was trampled on first, by the pro-slavery forces. Dred Scott and the Fugitive Slave Laws trampled all over the rights of the Free Soil and Northern States.

And it continues to this day! Even if a stolen car makes it to the state line, the new state can't tax it or refuse to send it back.

Not defending slavery but slaves were property under the Constitution and one of the few legitimate powers the Federal government had was enforcing such issues. The ammended Constitution banning slaverly rightly took this off the table, not the Tenth Ammendment.

[ForGod'sSake]

Otherwise the left will turn this into a referendum on racism, not the 10th amendment.

This isn't the first article/author to try this tack. Having followed this movement for a while now, I can tell you there have been numerous similar references by those that have no substantive arguments to counter with. FWIW, it doesn't seem to be slowing the movement down much. Sarah Palin has some advice; PLOW through the noise!

[ForGod'sSake]

New to 10ther?

Heh.

[Condor51]

Steven Schwinn -- a law professor at John Marshall Law School and Constitution expert -- says that the amendment is too vague to be used as an argument for state sovereignty on key issues such as economic recovery, marijuana laws and same-sex marriage. ... "To say that the 10th Amendment somehow empowers states or gives them state sovereignty is just reading way too much into the text," he said. "The 10th Amendment just can't bear that weight."

Uh professor Schwinn, do you know where your Law School is located? Yes professor that's right, Chicago, IL. And professor do you know 'what' Chicago is? (wheels now spinning in Schwinn's head) NO? Well let me clue you in -- Chicago is a: Home Rule City.

That means mr Law Professor that Chicago has its own separate laws and is basically a mini version of a state, like IL is to the Federal Government. Chicago can and has passed a gazillion (legal term) laws that are much more restrictive than what's contained in the State Laws or in the IL Constitution. And Chicago doesn't have a 10th Amendment 'right' to do any of it. Chicago lackeys in Springfield just passed 'a law' and that was that. To get technical, Chicago seceded from Illinois and rules itself as it sees fit.

So don't give me any 'States don't have sovereignty or any 10th Amendment Rights', professor asshat. If Chicago can be sovereign from the State of IL, IL can be sovereign from the Fed.

[stockpirate]

"A people unwilling to use extreme violent force to preserve or obtain their liberty deserves the tyrannts that rule them." Thomas Jefferson

"When the people fear the government you have tyranny, when the government fears the people you have liberty." Thomas Jefferson

[ForGod'sSake]

I meant to add, point well taken. A simple but universal and articulate response to this racist nonsense would be a plus.

[MrB]

State sovereignty is to a liberal like garlic to a vampire.

State sovereignty completely destroys the whole liberal/fascist agenda,

because they can’t control a [technically] seceded state.