david-long

Indiana State Senator: “I Will Decide What’s Constitutional, Not You”

“Let me get this straight,” Tenth Amendment Center executive director Michael Boldin said. “He doesn’t think the people, or their representatives, have the ability to determine if something is constitutional, buthe alone has the ability to unilaterally make that determination and keep the issue from even coming up for debate. Nice. I wonder what he will do if the feds come after guns? I suppose he will make sure the state of Indiana doesn’t stand in in their way. The feds are supreme in all things,after all. David Long, like the Obama administration he’s protecting, is dangerous.”

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Bipartisan Washington State Bills Would Nullify NDAA “Indefinite Detention”

NDAA-presser-wa-state-internment-280For Immediate Release: Feb. 4, 2013
 Washington state lawmakers will consider bipartisan legislation that would block any cooperation with attempts to indefinitely detain U.S. citizens or lawful resident aliens in Washington without due process under sections written into the 2012 National Defense Authorization Act.

If passed, the law would also make it a class C felony for any state or federal agent to act under sections 1021 or 1022 of the NDAA.

Rep. Jason Overstreet (R-Lynden) filed HB 1581 on Jan 31. Senator Bob Hasegawa (D – Seattle) filed a companion bill (SB 5511) a day later.

Both bills condemn sections of the NDAA allowing for indefinite detention without due process on American soil as unconstitutional and include provisions stopping any such attempts in the Evergreen State.

No state or local official or employee, or agent of the state of Washington, or employee of a corporation providing services to the state of Washington, or member of the national guard or state defense forces acting in his or her capacity as a state or local official or employee

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david-long

Indiana State Senator David Long Blocks Discussion of Bill Nullifying Obamacare

“Hey, Dave! Joe Biden is on the phone. He wants to thank you on behalf of President Obama for your support,” Tenth Amendment Center executive director Michael Boldin said. “Maybe Long should consider switching parties. The Republican platform emphatically declares ‘that those powers not enumerated to the federal government are reserved to the states and to the people,’ and it talks about the importance of personal liberty and freedom. But I guess Dave doesn’t really believe all that stuff. Politicians will say anything to get elected these days.”

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Buyer Beware: County Sheriffs and the Constitution

580511_315706985198171_1105488657_nby William Norman Grigg

“You look depressed.”

“I was lamenting. I’ve lost my innocence.”

“You lost that some time ago. If you’ve only just noticed, it can’t have been very important to you.”

Exchange between Thomas Cromwell – the Machiavellian Lord Chancellor of England – and Richard Rich, an ambitious functionary who had sold his soul in a buyer’s market, from A Man for All Seasons.

“I will not enforce an unconstitutional law against any citizen of Smith County,” insisted Sheriff Larry Smith. The sheriff wants his constituents to believe that he would refuse to participate in a federally mandated gun grab, or permit one to be carried out by federal officials within his jurisdiction. Yet ten days before Smith offered that assurance, his office had taken part in an early-morning SWAT rampage throughout East Texas in which 73 warrants were served as part of the federal government’s patently unconstitutional war on drugs.

During a December 2011 campaign debate, Smith said that he wanted to “invest more resources” – that is, redirect wealth plundered from the productive – into a “Drug Task Force,” and insisted that under his administration the Sheriff’s Office would embrace a “Task Force mentality” in dealing with law enforcement issues.

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The Original Meaning of an Omission

295_constitutionEditor’s Note: This scholarly study, “The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty and “Expressly” Delegated Power,” by Kurt T. Lash, is one of the finest examples of Tenth Amendment research available.

It was published in 2008 in the Notre Dame Law Review, which allows individuals and non-profit institutions to distribute it widely (please see copyright notice on the paper for full details).

Abstract

Today, courts and commentators generally agree that early efforts to strictly limit the federal government to only expressly enumerated powers were decisively rebuffed by Chief Justice John Marshall in McCulloch v. Maryland.

According to Marshall, the fact that the Framers departed from the language of the Articles of Confederation and omitted the term €œexpressly€ suggested that they intended Congress to have a broad array of implied as well as expressly delegated powers.

As Supreme Court Justice Joseph Story later wrote, any attempt to read the Tenth

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