“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.”Details
“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.Details
Editor’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).
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 TenthDetails
Across U.S., states consider nullifying unconstitutional actsDetails
So there you have it: What’s a little Constitution between friends?Details