by Andrew Nappi, Florida Tenth Amendment Center
The following is based off a speech given at Nullify Now! Orlando on 10-10-10
Isn’t it incredible that, despite all the historical evidence to the contrary, that anyone can still believe that the founders would’ve fought a long, cruel, bloody war just to exchange one central, overpowering government for another? And yet, these guys sitting on the courts want to define the limits of our freedom for the extension of greater government control. That is not the founders’ legacy. That’s not why we’re here today.
For these out of touch elitists, the Bill of Rights is just a historical curiosity – it’s quaint and doesn’t mean anything. But we know that the Bill of Rights is the very essence of state sovereignty. That’s why it was created, and that wasn’t lost on the founders.
In fact, at the North Carolina ratifying convention Samuel Spencer said, “It appears to me that the state governments are not sufficiently secured and that they may be swallowed up by the great mass of powers given to congress.†Was that prophetic? Just look what we have today…
Oliver Ellsworth from Connecticut said, “The United States are sovereign on their side of the line of divided jurisdictions, the states on the other. Each ought to have the power to defend their respective jurisdictions.â€
Another of our Yankee brethren, Mr Williams says “Are not the terms common defense and general welfare indefinite and undefinable terms? What checks have the state governments against such encroachments?†And that’s the questions we’re facing again today – what checks do the states have against such encroachments? The encroachments are out there, and they’re in our face every day. From Real ID to national health care and everything in between.
Clearly, the 10th Amendment was never intended to be a throwaway or a quaint relic. Its necessity in creation was brought about by clear and deliberate decision – by people who stingily delegated their sovereign authority to this limited powers agent they were creating. In our work here today, we’re dedicated to the repeal or nullification of all unconstitutional legislation that has been illegally imposed upon us by the general government.
All of us need to work together so we can implement simple steps of diligence. These should include, but not be limited to the promotion of state sovereignty legislation, including the nullification of unlawful general government acts. And when we talk about legislation to push back, we need to go further than just saying that we won’t participate. We need to say, “when you send your federal agents here to try and overturn sovereign state law, our constitutional sheriffs are going to put them in jail – and you can come pay their fine to get ‘em out!â€
At the end of the revolution, the states were 13 free and independent countries. They created a limited powers government to handle things they felt could be better done at a central location. But never in anything I can read was there a desire to be anything but free and independent states. We’re members of a voluntary compact – not slaves to a federal leviathan.
In our states today, both sovereignty and solvency are in peril. Sovereignty’s betrayal for solvency’s temporary relief is always on the table between D.C. and our state capitols. It’s you and me, and the rest of us that have to be the obstacle to that short sale of freedom. If we don’t do it, who will? If not today, when?
Using fair but firm insistence and pressure, we must remind our states of the 10th Amendment decision we require of them. For every unlawful general government imposition, a home country interposition – we are not going to be slaves to illegal legislation. It is up to us to remind our states of Madison’s warning that encroachments by the central government must “excite the legislatures to watchfulness and impose upon them the strongest obligation and that is to preserve unimpaired the line of partition.†That line is blurred, and hardly exists anymore.
So today, let’s make up our minds – no longer are we going to accept grassroots buzzwords from politicians in place of results. Starting today, let us be real clear to those politicians – we will no longer accept general government theft of our liberties. No longer will we stand by idly while our pockets are picked by political parties to fund the perpetual welfare-warfare state. No longer will we tolerate a vast nationalist state that has become aggressive abroad and despotic at home, and has decided that the limits of its own power is no limit at all.
Here today, we’re contemporary tenthers – we stand in the shadow of those original tenthers like Richard Henry Lee, George Mason, Elbridge Gerry, James Monroe and Thomas Jefferson – and we stand in good company. If they were here, would they ask us, “what have you done with your inheritance?†It’s up to us today to answer that by humbly accepting that responsibility to restore sovereignty, restore the founders’ federalism, and above all, to be free once again.
Andrew Nappi [send him email] is the State Chapter Coordinator for the Florida Tenth Amendment Center.
Copyright © 2010 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given
Andrew is a rising star in the Tenth Amendment movement.
Excellent article. Now, to convince the majority of state citizens and legislatures that nullification WITH TEETH in the form of penalties for federal agents' encroachments, is the correct and CONSTITUTIONAL remedy for our out-of-control central Leviathan. Working on it….but still a long way to go. The statists have had our educational system for so long and have misinformed so many.
Can't wait for Nullify Now! in January here in Phoenix. I'm taking my 16 yr old daughter. Has anyone thought of offering tickets to high schools/history teachers who may wish to attend or take their students on a field trip? Long shot, I know, with the teachers' unions and all, but you might get some takers. Maybe some 10A supporters would sponsor the tix? I could do a few…
Great Idea azclll! It is individuals like yourself that will make the difference. Put the fires under your teachers! Another great idea along that line is for people to donate Thomas Woods book on Nullification to highschools and libraries! Viva Liberty!
wish they (the public schools) still had the US constitution as study and as well as test material.
my question is why did the system pulled that part of the education from the children…..?…?guess they want a generation of US children ignorant of their constitutional rights and how the government was intended to be run…..or how to change it….or work it….or just understand it….soooo…..
Guess it is up to us (home schooler's to be) to supplement their education because if we do not it will not take place….or so I fear!
I home schooled our children, now have a Marine and a daughter who births at home and an activist for Natural; health, birth, and childcare! Wish I knew then all I know now!
yes, they pulled it for their own diabolical reasons. I remember having to read and memorize all of it but never had a teacher go thru and really teach the meaning of it all. Now they don't even pledge allegiance to the flag, but they cater to the muslims every need. go figure. It is entirely up to you to teach your children the truth and meanings of these important papers. the price of freedom is eternal vigilance.
I'm proud to serve under Andrew Nappi, awesome man and awesome Patriot!
The 13 American colonies rebelled against England, won the war and became an independent country. The 11 states rebelled against the union, lost the war and their demand for independence. Might made right in both instances; and while we may not agree with the latter result that is the way it is. Remember, Jackson threatened to put down an earlier insurrection in S. Carolina over the tariff of abominations,and S. Carolina capitulated, mollified somewhat by the compromise of 1832. Following the War of Southern Independence, the north essentially rewrote the Constitution by adding the 13th, 14th and 15th amendments. One could believed that nullification will serve as a check on the national government, but that issue has been settled and those who believe otherwise are deluding themselves. Then, again, Don Quixote lives somewhere in all of us. Good Luck
MS
I think you GREATLY under-estimate those of us who believe in the principles of the 10th amendment!
I don't think I could do that..
You sound like an @sshole.
Manny
I guess you think that's clever although, at this point, it's clear who is delusional. You're suffering under the delusion that you are much sharper than anyone who believes nullification is viable.
It's sad that people such as Andrew Nappi, Michael Boldin, Tom Woods, Ron Paul and many, many others will risk the wrath of TPTB and work tirelessly to reduce the intrusion of government into everyone's lives and thus, indirectly, save people like you.
Where did you learn your history on the tariff and the nullification crisis? You've got it all backwards.
Plus, it doesn't really matter what happened back then – what matters is what it happening now, and working. Maybe you just are not paying attention…..that is just what the powers that be want.
Oh, well, if I must. S. Carolina called a state convention that nullified the tariffs of 1828 and 1832. Jackson said nullification was treason and got a force bill to enforce tariff measures. No other state supported S. Carolina and it repealed its nullification. In other words, it cried foul and turned chicken. Just as every other state will do if faced with a nullification crisis. "We are under a Constitution, but the Constitution is what judges say its is." Chief Justice Charles Evans Hughes. Courts will not support nullification, no matter how many jousts you make at the windmills in your mind. As to the person who thinks I'm an asshole–such epithets are not appropriate. My comments to TD were meant to convey a compliment in that he and the rest of you are persevering under great stress with little chance of success and I applaud the effort, no matter how misguided. Moreover, I thought this was a site where differences of opinion could be aired regardless of how one disagreed. My mistake.
that is just what I meant….you are not aware of the history of the nullification crisis. If anyone else is interested in knowing about it, just ask, and I will send you a link.
Manny
You're being disingenuous.
The problem isn't what you said about nullification being an uphill battle. You revealed yourself when you made the smart alec remark that you didn't think you could under estimate those who believe nullification has a chance.
You VERY WELL know that's what drew the ire from someone and yet you disingenuously ignore that obvious fact and pretend as if YOU are the one who was personally attacked.
This reveals you to be someone who is not intellectually honest and who is apparently primarily interested in displaying what you believe is your outstanding wit and superior intellect. You're stuck with the record here that anyone can read.
MB
I suspect Manny is hoping we fail while pretending to support the movement. While I can't understand the logic of that, I see no other reason for him to post such a negative comment wherein he claims to agree with 10th amendment principles and then implies that tenthers are delusional and insane for even trying to reduce the size and scope of the federal government.
I suspect his "good luck" wish is not sincere. If it is sincere, then, as I said before, it is sad that he will be among the beneficiaries of your efforts.
Lets assume your theory is correct that the nation is one giant nation state. The constitution still has the tenth amendment which grants elements of that nation states certain powers that it can use. These elements are the states and they have all powers not given to the federal government which turns out to be anything you can think of that is not included in the powers given to them by the supreme law of the land which happens to be the constitution.
You said "The 13 American colonies rebelled against England, won the war and became an independent country.". You are incorrect, they formed 13 independant nations, according to the treaty of Paris, all 13 were spelled out individually as victorS.
You said "the north essentially rewrote the Constitution by adding the 13th, 14th and 15th amendments. One could believed that nullification will serve as a check on the national government,but that issue has been settled and those who believe otherwise are deluding themselves" You overlook the fact that the 10th amendment is still in force, it has not been repealed, and take precedence over the Supremacy, Commerce, Necessary and proper, and "general Welfare" clauses by construction. The Federal government has not been granted any vast new powers by these (fraudulently passed) amendments, they certainly have not been made master over their principles. The Supreme Court is still just a branch of the Federal Government, and does not have any jurisdiction over the Constitution at all (it is a creature of it). State Nullification never has been, and never will be supported by the Supreme Court, nor does it need to be. If a state opts out of an unconstitutional Federal law, they are simply opting out for a small portion of the country (the rest of the sheep are free to be herded). This is the peacefull way of allowing withdrawing of consent to govern, without a huge nasty war.
The one element missing from the 10 Amendment Movement today that was present in the Founder's Day is vital Christianity. Without this, the appeal for limited government is reduced to mere matter of economics and loses all moral appeal. The Founders were intensely Christian; almost all the signers of the Declaration were ardent believers. The two least religious, Jefferson and Franklin, were more religious than most people today. Franklin actually wrote a repudiation of Paine's "Common Sense." The Tenth Amendment Center needs to bring a spiritual foundation into the movement. We cannot reproduce the Founders vision while only emphasizing the political dimension of what defined and moved them.
I definitely agree that religion is a powerful tool against statism but I don't think it should be mandatory for participation.
PK
I strongly agree with your comment. The 'freedom of religion' issue is a very good idea. Further, I don't believe someone has to be a Christian to be moral. One can love freedom and accept personal responsibility without identifying with any particular religion.
I would be satisfied if we could just stir up interest in studying/reading the scriptures as a starting point. The bible is so maligned in America today and yet it is one of the most profound pieces of literature ever written. It is full of wisdom for life's problems and like the 10 Amendment is an anchor for the Constitution, the bible is an anchor for the soul.
I like the idea that the bible constantly says that man is imperfect and will remain that way forever. It takes so much burden off of us to be perfect people and allow us just to be who we are which is sinners who have the capability to care about each other. I find that most self-righteous people have a hard time caring about their fellow human beings because they can't see past their minor sins. They can't get over the fact that other people are not perfect and think it is more important to fix them than to actually care about them.
Great point! I think I needed to hear that. Having trouble with a difficult person in my life.
Are you, collectively speaking, seeing among your respective States, the local gov't taking huge incursions into your personal sovereignty? How about forcing upon you the removal of your choice for garbage collection and then taxing you through your mortgage to pay for that service that the county has now gained control of, when 80% of the constituents told the local vermin gov't NO to giving up their freedom of choice and the Liberty to choose for themselves as sovereign home owners. Such blasphemy as this from the bottom up is my source of rage. Then, to witness that a pathetic and dismal 15% of local voters turned out for the primaries is enough to make one go stark raving mad.
People are waking up to the FACT that voting is futile. First because the votes are rigged, and second, because the powers that be control the opposition, which means there ISN'T any real opposition to the evil elites. All whom can win are loyal to 'the corporation', not loyal to actual people. Speaking of the corporation, is anyone aware that America is following a corporation's bylaws as the constitution?- The organic Constitution is still valid, but it's no longer noticed, because the corporation entity UNITED STATES OF AMERICA has hyjacked it. stienster@care2.com
Lisa sees the big picture of what went wrong! The aftermath of War between the States was a period of Treason – of abuse and misconstruction, carefully mis-labeled 'Reconstruction Era' by the Insiders. They stole the original and only true 13th Amendment – "No Titles of Nobility (= No lawyers in GOV't)" then re-numbered the original 14th – Abolishing slavery- to become the 13th; then forced the fraud of 14th, all in July, 1868. By 1871, they had merged Washington City and Georgetown into D.C. – a municipal corp. with broad powers, including authority to establish corporate entities by charters; results are the U.S. GOVERNMENT (Inc.) and multiple alphabet soup corp's'erations as 'agencies'!
From those Treasons against our Constitution, they began minimizing Congress as the lawful GOV'T and, as we see today, have built a 4th branch of unelected, unaccountable bureaucracies to run the Country from the top down, with only lip-service to our Founding Principles, & only when it suits the needs, or posturing of the Insiders. Understanding the theft of the original 13th Amendment is a starting point toward restoring its purpose, to prevent lawyers from holding elected offices of "trust or profit", because it stripped them of citizenship, upon taking an oath of loyalty/title of nobility from a foreign power – the Barrister Accreditation Regency [B.A.R.] in London, England! Learn the Truth!
1785: Thomas Jefferson dispatched to Europe as Minister to France
1786: John Adams dispatched to Europe as Minister to the Court of St. James
January 25, 1787: Shays' Rebellion – Daniel Shays and other armed farmers from western Massachusetts, protesting incarceration for inability to pay exorbitant taxes and foreclosures, are defeated in their attempt to conquer an arsenal of weapons in Springfield, Massachusetts. The Federal Government's inability to put down the rebellion or force other states to help became their excuse to change the Articles of Confederation.
Early 1787: Finding the Articles of Confederation too restrictive, and in response to Shay's Rebellion, the Congress met clandestinely at Carpenter’s Hall to amend the Articles, in the engineered absence of Thomas Jefferson and John Adams. The Nationalists and the Federalists soon discovered they were not getting an amendment but a total rewrite and relabeled it: the Constitution of the United States of America. The first writing calling for a Monarchy was later reversed in favor of a Limited Federal Government. The new Constitution was amendable without need of a Constitutional Convention.
September 17, 1787: Constitution completed, signed by delegates to constitutional convention
Upon the signing of the Constitution, the Nationalists formed the Federalist Party, and began writing the Federalist Papers to oppose the Federalist faction of the Convention, and to undermine the Constitution. A few significant contributors to the Federalist Papers would be: Supreme Court Justice John Jay, Supreme Court Chief Justice John Marshall, Alexander Hamilton, James Madison, and George Washington.
September 17, 1789: Constitution ratified, conditioned on amendment protecting the People’s sovereignty.
This constitution was approved by the legislatures of the several States, but conditioned on the addition of a Bill of Rights to protect the people’s sovereignty from the Federal Government.
NOMOMECPA (No Mommy See Pa): The requirements of a Constitution – Name, Objective, Members, Officers, Meetings, Executive Board, Committees, Parliamentary Authority, Amendment.
The Members of the Union, the 13 States, and the definition of Citizen, found in the Articles of Confederation Article 4, were combined and eliminated with addition of the meaningless, undefined phrase “We the People.” Does this phrase mean any person who should happen to read the Constitution?
September 24, 1789: The Judiciary Act of 1789, written by Oliver Ellsworth, Chief Justice of the supreme Court, Sections 1 – 26 remove sovereignty of the people as exercised through their respective Republican State Governments, establishing the Supreme Court of the United States as Absolute Authority and the Supreme Law of the Land, supplanting the entire U.S. Constitution; and sections 27 – 33 provide for a police unit to enforce supreme Court rulings.
This was the first Constitutional Amendment by Act of Congress, bypassing Ratification by the States, in violation of the provisions and procedures in the US Constitution. Nullifying the Constitution.
September 25, 1789: 12 amendments proposed to the 13 States, as a Bill of Rights to satisfy the required condition of the conditional signing of the Constitution.
1790: Secretary of the Treasury Alexander Hamilton introduced his “Doctrine of Implied Powers,” stating, any power the Constitution does not forbid the federal government is implied as granted to the federal government.
This “Doctrine” was in opposition to the proposed 12th Amendment which became the Ratified 10th Amendment in December of 1791.
March 03, 1791: Alexander Hamilton’s Whiskey Tax – 6 Cents per gallon for large producers – 9 Cents per gallon for small producers, showing an alliance between government and big business.
December 15, 1791: The Bill of Rights, 10 of the 12 proposed amendments ratified and added to the Constitution.
May 02, 1792: Militia Act authorizing the President to mobilize Government troops against Citizens to enforce the Government’s wishes.
1861-1864: the war of Southern Rebellion/Northern Aggression clarified the Militia Act of 1792/1795 and initiated the Executive War Powers, providing for dictatorial government in time of war, and nullified the 10th Amendment.
Don't you think the government will send their enforcement arm (the U.S. Military) against you to enforce their will? Are you prepared to die for Nullification?
it absolutely is! And state, as you alluded to – and was defined by Madison in his famous report of 1800 – means the people of that state.
The bill of rights – you should read its preamble – is applicable to the federal government, and not some magical grant or protection of liberty for everyone, everywhere.
A little commedy. –JAY LENO: "This Sunday is Halloween, the scariest day of the year. Unless you're a Democrat. Then that would be next Tuesday."
We here in Missouri have told the Feds what they can do with their health care law by 71%. If any state needed a "Tenth Amendment Center it's Missouri. They say it's coming soon, we'll see. Lt. Governor Peter Kinder has filed suit with other states on this but he is in between a rock and a hard place with a Democrat Gov. and Sec. of state. We the Citizens are behind Peter Kinder but it's hard to fight "City Hall".