Archive for December, 2009

The Commerce “Claws” and Obama Care

The Commerce "Claws" and Obama Care

In 1937, the Supreme Court abandoned its attempt to set limits to the Commerce Clause power and to enforce theTenth Amendment. No longer would the Court be in the business of drawing a line between the federal and state authority, as it had been intended to do. Instead, it would allow Congress to do almost anything it wanted to do on the basis of the Commerce Clause.


The Constitution is Clear on Presidential War Powers

The Constitution is Clear on Presidential War Powers

We are long past the point at which constitutional arguments have much hope of restraining the American political class, either at home or abroad. They are still worth making, though, since they serve to show the two major parties’ contempt for American law and tradition.


Paper Money and the Constitution

Paper Money and the Constitution

It is no exaggeration, no stretch of the imagination, no revisionist or wild-eyed conspiracy theory to state that the Constitution of the United States of America came into being, more than any other reason, to crush a welfare program, to stop the poor from ganging up on the rich and, endowed with the power of democracy, stealing their money.


Health Care Nullification and Interposition

James Madison asserted that state governments not only have the right to resist unconstitutional federal acts, but that they are “duty bound to interpose” or stand between the federal government and the people of the state.


Liberty or Unlimited Submission: You Decide

Many leading founders advised us to look to state governments whenever 2 or more branches of the federal government were conspiring against the Constitution and your liberty. We feel that time is now.


The Great Lie of the Nanny State: Government Works

Those who seek the protective hand of big brother pay a high price as they trust their quality of life to a largely self serving group of legislators. If the goal is a better quality of life, the solution is simple: more responsibility and less government involvement.


The Conservative vs Liberal Tail Chase

The Conservative vs Liberal Tail Chase

The state of politics in America is little different than that which the early Americans experienced in their time. The system is so ill-defined, chaotic and confusing. The smell of corruption is behind almost every politician’s door.


A Gift for my Daughter: Liberty

A Gift for my Daughter: Liberty

If I could give you just one thing, I’d want it to be a simple truth that took me many years to learn. If you learn it now, it may enrich your life in hundreds of ways. And it may save your having to face many problems that have hurt people who’ve never learned it.


What Is The U.S. Constitution?

A constitution does not create freedom. A constitution is created only to protect and secure freedom which already exists, through forms, structure and limitations of government.


Health Care Nullification: Things have just gotten underway

Health Care Nullification: Things have just gotten underway

Over the years, wise men and women warned us that the Constitution would never enforce itself. The time is long overdue for people to start recognizing this fact, and bring that enforcement closer to home.


About the 2010 Elections: Principles vs Shallow Rhetoric

About the 2010 Elections: Principles vs Shallow Rhetoric

This time, we need to set the stage right, and we need to demand specific answers to specific questions. “I’m not a lawyer,” “Let me get back to you,” and changing the subject will not cut it this time around.


A Constitutionalist Reading List

A Constitutionalist Reading List

Here at the Tenth Amendment Center we’ve had a number of requests to put together a recommended-books section. What follows here are 18 books that I’ve found to be insightful, influential, educational, and/or moving over the years.


Reductio ad Racism: Godwin’s Law and the 10th Amendment

Reductio ad Racism: Godwin's Law and the 10th Amendment

Try explaining a concept as basic as “consent of the governed” to the average statist, and you will almost certainly be told that America already settled this question in 1865.


Who Makes Foreign Policy?

Who Makes Foreign Policy?

The media, Congress, and the American public all seem to have accepted something that is patently untrue: namely, that foreign policy is the domain of the president and not Congress. This is absolutely not the case and directly contrary to what our founding fathers wanted.


Tyranny’s Trap: The “Living Constitution” Fraud

Tyranny's Trap: The "Living Constitution" Fraud

Of course, tyranny’s way is to not to change a constitution by the explicit and authentic acts of the people who created the constitution (which of course requires debate, consent and ratification), but by oligarchic methods of court decisions, government precedent and fraud.


A Day to Remember

A Day to Remember

No, we won’t have a national celebration this Bill of Rights Day. But we can privately contemplate what we’ve lost – and vow to restore the America that was meant to be.


The Vision of the Founders: Dead and Gone

The Vision of the Founders: Dead and Gone

Bill of Rights Day is Tuesday, December 15th. But as Kevin Gutzman points out in this article, it’s not a day of celebration. Instead, it should be a day of mourning for the death of decentralized self-government.


I Shot the Sheriff?

I Shot the Sheriff?

A great sheriff will stand on the side of the people who elect him or her, and do that which is necessary to preserve their rights.


Are Federal Health Insurance Mandates Constitutional?

Let us be clear at the outset that federal involvement in health care (except in a few isolated instances, such as federal employee benefits) certainly violates the Constitution as that document was originally understood.


Amar, Akhil’s Constitution

Amar, Akhil's Constitution

In order to repair the damage done to the Union—and restore liberty– we must first correct the breaches in the truth…


Our Dead Constitution

Our Dead Constitution

Our Constitution is dead. Rigor mortis set in a long time ago. Peculiar enough, many Americans who claim to love our constitution believe it is alive and well with hot red blood running through its vein. Plainly put: they are naïve, deceived or ignorant.


The Growing Movement to Nullify National Health Care

In response to what some opponents see as a Congress that doesn’t represent their interests, State Legislators are looking to the nearly forgotten American political tradition of nullification as a way to reject any potential national health care program that may be coming from Washington.


Constitutional Avoidance: Then and Now

Constitutional Avoidance: Then and Now

In 1783, the Constitution had not yet been written, and Congress was operating under the Articles of Confederation. Congress had no ability to enforce its laws, no power to tax, and could not even meet its obligations to the newly-victorious Continental Army.


Will Missouri Nullify Federal Gun Laws?

Missouri State Representative Cynthia Davis has introduced the “Firearms Freedom Act” The bill “Asserts the right of the State of Missouri to regulate the intrastate use and acquisition of certain firearms pursuant to the reserved powers of the state over intrastate commerce and the Second Amendment right to keep and bear arms.”