Pointing fingers and talking tough about some issues is one thing.  ACTING tough – that’s another thing altogether.

This week, as you travelled to Washington DC, you made this statement – “I have a duty and obligation to defend the people of Arizona – especially when the federal government fails to do their job.”

You certainly do have a duty and an obligation.  But the time for tough talk, Governor Brewer, is over.  The time to act is upon you.

AN IMPORTANT BILL ON YOUR DESK

When you return from Washington DC this week, you’ll find that you have an extremely important bill on your desk – awaiting your signature.  Senate Bill 1182 was passed by wide margins in your state’s legislature, 34-22 in the House and 20-8 in the Senate.

What does this bill do?  Well it’s pretty important stuff.  It says this:

This state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the national defense authorization act of 2012, Public Law 112-81, against any citizen of the United States.

Once you sign this bill into law, it will also make it a criminal offense for any public officer, employee or agent of the state of Arizona to make any attempt to assist in such federal kidnapping.

If you think it’s hyperbole to use the word “kidnapping” to describe the so-called “indefinite detention” provisions of the NDAA, think again.  When you remove due process from the equation, “indefinite detention” is really nothing more than government-sanctioned kidnapping.

The Constitution is pretty straightforward when it comes to due process – and these newly-claimed federal powers are nothing short of an abomination on the limits that the Founding Fathers gave us.

Like you said, you do “have a duty and obligation to defend the people of Arizona” – and that bill sitting on your desk right now is an opportunity for you to do so.

CONCERNS

But, I’m a little concerned that you don’t really mean what you say when you talk about defending the People of Arizona.  For example, in 2010 the People of your state voted to approve a new medical marijuana program.  The founders were clear that such decisions would be under the purview of the people of each state, not the federal government.  But the feds on this issue, like on virtually everything else, have been interfering with the people’s choices for far too long.

With that vote, the people of your state took a major step towards turning things around and putting the decision-making where it rightfully belongs.

So what did you do?  Well, you sued your own state in federal court to stop the people of Arizona from implementing the law they rightfully passed.  And now you complain about the feds suing you?  We can talk about that inconsistency another time.  For now, let’s focus on moving forward and doing what’s right.

For any true constitutionalist, there is an important principle at stake here, one that you appear to be willing to sacrifice because you disagreed with the policy chosen by Arizona’s voters.  The federal government is only authorized to do what has been delegated to it in the Constitution…and nothing more.  Period.

DUTY TO THE CONSTITUTION

It doesn’t matter if you like or dislike the policies – your duty and obligation – the oath you swore – means you need to help the people of your state do what they’ve set out to do.  Reject unconstitutional federal acts.

Whether those federal usurpations of power cover weed or “indefinite detention,” the end result is the same.  Your duty to the people of your state – and to the Constitution – is to do everything in your power to stop anyone and everyone from violating their rights.  That is, unless you prefer the Nancy Pelosi version of the Constitution and believe that all federal law is “supreme.”

So which is it, Governor Brewer?  Nancy Pelosi’s constitution or James Madison’s?

The time for tough talk, ma’am, is over.  The time for duty is now.  It’s not next year, and not after the next election.  It’s not next month and not next week.  The time for you to step up and act is today, not tomorrow, right now.

A simple stroke of the pen, and you’ve done your duty.

Sign the bill Governor Brewer, and prove to Arizona and to the world that you’re more than just a bunch of tough talk or a wagging finger.  Prove to all of us that you’re a constitutional hero.

Your moment is now.

ACTION ITEM FOR ARIZONA

If you live in Arizona, contact Gov. Brewer now.

Politely, but firmly, ask her to sign SB1182. Remind her that she has a duty to protect and defend the Constitution and an obligation to the people of Arizona. Tell her that the language in sections 1021 and 1022 of the NDAA is too vague and undefined to leave to chance. The federal government simply cannot be allowed to possess even a hint of such power.

You can find contact information for the governor’s office HERE.

ACTION ITEMS FOR THE REST OF THE COUNTRY

If you do not live in Arizona, you should still contact Brewer and tell her the rest of the country is watching. Arizona has the opportunity to step up as a leader in protecting the most basic freedom and liberties that we cherish as Americans.

If your state, county or city has not taken steps to stop kidnapping under the NDAA, you can find model Liberty Preservation Act legislation that you can propose to your local politicians HERE.

To track NDAA nullification legislation across the U.S., click HERE.

Sheriff Richard Mack, the former sheriff of Graham County, Arizona, talks about how the sheriffs in this country are indeed the ultimate law authority in their respective jurisdictions, how the sheriff has the power and responsiblity to defend his citizens against all enemies – foreign and domestic, how presidents use the IRS as a political hit squad on their opponents, his landmark court case – and supreme court victory – in response to the Clinton administration and the Brady Bill back in the 1990′s, the federal government’s authority being only that which has been delegated to it in the Constitution, how to approach your county sheriff to encourage them to stand up for the Constitution, and more.

Mentioned in this Show

www.sheriffmack.com

The County Sheriff: America’s Last Hope

Printz v United States

Sheriff Mack Video on the Supremacy Clause

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

Walter Kirk Wood, professor of history at Alabama State University and expert on the principle of nullification, explains the history of nullification in the American Constitutional tradition, a federal system as a check on arbitrary, centralized power, Imperium in Imperio and the American colonies, the three prominent nullification movements in early American history, James Madison’s “report of 1800,” Madison as the father of nullification and his notes on the Constitutional Convention, the extended-republic of the anti-federalists, how nullification acts as a check on central power and is inherent in a federal system, how nullification was virtually lost for over a century, its return in recent history, America’s first freedom as freedom from government, and more.

Mentioned in this Show

Nullification: A Constitutional History (vol 1)

Nullification: A Constitutional History (vol 2)

Madison’s Notes On the Constitutional Convention of 1787

Republic of Letters: Jefferson and Madison

Kentucky Resolutions of 1798

Virginia Resolution of 1798

NullificationHistory.com

Current Nullification Efforts

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

Kevin Gutzman, best-selling author and expert on American Constitutional history, discusses the 14th Amendment and the Incorporation Doctrine, how the doctrine has given us government by judiciary instead of government by representation, the Due Process clause, Substantive Protections vs. Due Procedure, the original intent of the 14th Amendment, how the courts changed that meaning over the ensuing five decades, the Bill of Rights as a limitation on the power of Congress, how the incorporation doctrine has turned the principles of federalism on its head, representative government vs. government by “experts,” Privileges or Immunities and The Slaughter-House Cases, rights of State citizenship, how James Madison warned that those in government would tend to use and expand power, some of the greatest violations of the Constitution under the doctrine of incorporation, why federalism and decentralization is a better system to secure liberty, and more.

Mentioned in this Show

KevinGutzman.com

The Politically Incorrect Guide to the Constitution

Who Killed the Constitution

Virginia’s American Revolution

Slaughter-House Cases

Lawrence v Texas

Rob Natelson, recognized national expert on the framing and adoption of the United States Constitution, offers a lesson on the general Welfare clause of the United States Constitution. He discusses the original meaning of the words themselves, the meaning of general welfare in the preamble, the original meaning and understanding of the clause, the taxing clause, the Hamiltonian vs the Madisonian view, anti-federalist concerns, modern interpretations, court cases which have turned its meaning upside down, practical reasons for a limiting view of the clause and the Constitution as a whole, and more.

Mentioned in this Show

Federalist #41

United States v Butler

Korematsu v. United States

More from Rob Natelson:

Are Campaign Finance Laws Constitutional?

Is ObamaCare Constitutional?

Claiming Almost Everything is “Commerce”

Mentioned in this episode:

HJM4009

Rep Shea’s Legislative Page

Bring the Guard Home

Sign up for Rep Shea’s Newsletter

Grassroots Central

State Government and Tribal Affairs Committee

Find Your WA State Legislator

Rob Natelson, recognized national expert on the framing and adoption of the United States Constitution, and Professor of Constitutional Law, Legal History, and Advanced Constitutional Law at the University of Montana School of Law talks about how the Supreme Court allowed the Federal Government in the late 1930s to drastically change the way the US Constitution is interpreted, how the Court initially tried to hold a line against FDRs expansion of power but changed position even before the infamous court-packing scheme, how the Commerce and Taxing powers were almost turned upside down,  the Necessary and Proper clause and incidental powers, the false claim that the Supreme Court is conservative, how bad precedent leads to more bad court rulings, state elections as critical for Constitutional activists, and more.

Editor’s Note: Professor Natelson notes one error in the podcast:  He should have given Justice Breyer’s first name as “Stephen.”

Mentioned in this Show:

United States v Darby Lumber

Wickard v Filburn

The Heritage Guide to the Constitution

Rob’s Page at the University of Montana

Scholarship of the Original Understanding of the Constitution

More from Rob Natelson:

Is ObamaCare Constitutional?

Claiming Almost Everything is “Commerce”

The New King George

It’s the People’s Right!

Podcast: Understanding Federalism

by Michael Boldin

The following was a prepared statement for the 10th Amendment Forum in Orlando, FL on 08-22-09

First of all, thank you for allowing me a few moments to be here with you today – it’s an honor to be able to speak with you, even if it’s from the other side of the country where I am here in Los Angeles, California.

As the founder of the Tenth Amendment Center, I’m often asked – why the Tenth Amendment?  Why do we need it?  And I truly believe that’s just what people like you and I were asking back in the time when this country was founded, too.

But, the answer isn’t complex.  It isn’t difficult.  It’s simple and it’s easy to understand. The People of the day, the Founding Generation, like so many of us today, recognized that a government of strictly limited powers is the only one that has a chance of protecting our liberty – and that’s just the kind of government that the People created when they ratified the Constitution so many years ago.

They did this because they knew through their own life experience, that a government without limits is a tyranny.

The 10th Amendment was ratified as an exclamation point on the Constitution – and it lays out in plain English that our federal government is to be one of limited, enumerated powers – not the nearly unlimited, unchecked one that it has become today.

It truly is our modern line in the sand.  On one side, we have those who believe in limiting the power of politicians, and on the other are those that trust the government to do everything.

The 10th Amendment is the safety valve that makes it clear, especially in conjunction  with the 9th, that it was The People who created the federal government to be our agent for certain enumerated purposes…….and nothing more.

The federal government didn’t create itself – and the state governments didn’t create it either.  It was The People who created the federal government, and it is the People who are sovereign in the American system.  This couldn’t have been more clearly stated than it was in the Federalist Papers, #22. And here’s the quote:

“The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.”

And that wasn’t Madison or Jay.  It was the man who at the time was seen as the greatest believer in centralized power, Alexander Hamilton.  So, back then, even the great centralizer recognized that power comes from the People.  And that’s the way it was at the beginning – and that’s the way it is today.

So only when “We the People” actually regain that power over the government that is supposed to be our agent – only then will we ever see liberty and prosperity flourish in this country.

And, I believe that the path to this is not in Washington D.C.  It’s not in asking federal politicians to let us exercise our rights, or hoping that federal judges will give us permission to exercise our rights.  But instead, the path is in Tallahassee and state capitols around the country.  Courageous State legislators – like your own Carey Baker and Scott Plakon – are calling on the Jeffersonian tradition of nullification to resist unconstitutional federal laws.

When a state “nullifies” a federal law, it is proclaiming that the law in question is void and inoperative, or “non-effective,” within the boundaries of that state; or, in other words, it’s actually not a law as far as that state is concerned.  We see this principle being raised in opposition to national ID cards, federal gun regulations and even proposed national health care plans.

Starting in 2007, there was a state-level resistance to the federal government that rose up in a way that this country hasn’t seen since the mid-19th century.  Approximately two dozen states simply refused to comply with federal law.  They refused to implement the Bush era Real ID act.   And guess what?  Today it’s gone without even needing congress to repeal it.

So what’s the lesson?  Through nullification, we can effectively resist DC and whatever they try to shove down our throats.

This year, 26 states have seen a firearms freedom act introduced, and already two states have already made them law – that’s Montana and Tennessee.

Sources close to the Tenth Amendment Center tell us to expect to see ten states introduce state constitutional amendments which would effectively ban a forced national health care plan – and your state of Florida is leading the way.

There’s plenty of outrage these days, and that can be seen by the activism at town hall meetings around the country.  But think of it this way – If, instead of making demands on federal politicians who don’t listen to us anyway, all this energy was instead focused on state governments, we’d probably see 10 or 20 health nullification bills in states already.  And Obama’s health care program would be just that much closer to being dead in the water today.

The bottom line?  As Jefferson wrote back in the Kentucky resolutions of 1798 – the people of this country are not united on a principle of unlimited submission to their general government.

So, with that, I urge you – each and every one of you here right now – to take the ball and run with it.  When people like you say “I’m not going to wait anymore – I’m going to lead!” that’s when we’ll see this great movement in support of the constitution and your liberty really take off.

Thank you.

Michael Boldin [send him email] is the founder of the Tenth Amendment Center.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

Mark Edge, co-host of the syndicated radio show Free Talk Live, joins us to talk about the Free State Project in New Hampshire as decentralization in practice, moving towards smaller government on a state level, spreading liberty around the country by example, the insanity of violent response to activists by the federal government, the people of New Hampshire as having a streak of individualism and resistance to government encroachments, the state legislature in New Hampshire, liberty-loving lobbyists, the New Hampshire Liberty Alliance, Free Talk Live’s growing syndication, and more.

Mentioned in this Show:

Free State Project

Free Talk Live

Ridley Report

Free Keene

New Hampshire Liberty Alliance

Thomas J. DiLorenzo, published author and senior fellow at the Mises Institute, discusses the principle of nullification as a devolution of power away from the central government into the hands of the state or the people, Thomas Jefferson and the Kentucky Resolves as resistance to the Alien and Sedition Acts in 1798, ways nullification was put into practice all across the Union in the early days of the Republic, Andrew Jackson and resistance to the bank of the United States, the “Tariff of Abominations,” nullification of the fugitive slave act,  the slander of racism that proponents of big government often throw out at supporters of decentralization, secession as the ultimate brake on government,  the power and control of the IRS and the Federal Reserve, the Second Vermont Republic, and the progression of dictatorial powers through the Bush and Obama administrations.

Mentioned in this Show:

Hamilton’s Curse

Nullification, A Constitutional History

The Real Lincoln

How Capitalism Saved America

Mises.org

LewRockwell.com

Kentucky Resolutions

Virginia Resolution

Second Vermont Republic

Free State Project