Constitution? More of a “Guideline” Really

by History Matters, Church v State

The title of this post is loosely taken from Pirates of the Caribbean: The Curse of the Black Pearl:
“…the code is more what you’d call ‘guidelines’ than actual rules”

Readers of my posts here will know that I think the courts often get very far from the original intent of our Founding Fathers when they wrote the U.S. Constitution. There is a process for changing the Constitution (i.e. amendments), and that power is not supposed to be just in the hands of a handful of justices or a single judge, nor is it supposed to be in the hands of the legislature along.

The new “Bail-Out Bill” that just passed is a good example of losing sight of the basic theory of the Constitution. The bill authorizes the Secretary of the Treasury to “ensure the economic well-being of Americans.” Well, I certainly with for all Americans to have economic well being, but the Federal Government was not originally empowered to do that so directly.

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Feds violated 10th Amendment. Again.

As It Stands by Dave Stancliff/For the Eureka Times-Standard

A landmark decision for all Californian’s quietly made history on August 20th in a Santa Cruz courtroom.

For the first time since 1996, when the Compassionate Use Act was passed, the federal authorities have been charged with violating the 10th Amendment for harassing medical marijuana patients and state authorities.

The case of Santa Cruz vs. Mukasey, was heard by U.S. District Court Judge Jeremy Fogel, who said the Bush Administration’s request to dismiss a lawsuit by Santa Cruz city and county officials, and the Wo/Men’s Alliance for Medical Marijuana (WAMM), wasn’t going to happen.

In a recent telephone interview with Alan Hopper, an ACLU counsel familiar with the case, I asked him what came next?

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Leave the Drinking Age to the States

“The federal government should stop trying to do everything, which it doesn’t do well, and start doing, and doing better, the few tasks that only it can handle,” says Bob Barr, the Libertarian Party candidate for president.

“For instance, Uncle Sam has become a nanny-state, telling us what we can eat and how old we must be to drink. More than 100 university presidents have called on Washington to reduce the drinking age of 21. Maybe they are right and maybe they are wrong, but this isn’t a job for Congress. It should be the decision of the 50 states, which have very different histories, traditions, and views of such issues.”

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Constitutional Hypocrisy

by Pudge

Today in the same breath someone, to me, attacked Bush for violating the Constitution, and not supporting Social Security enough.

Apart from the fact that the “raiding” of Social Security actually makes the S.S. Trust Fund more solvent and is a good investment (as it is guaranteed safe by the Constitution, and earns interest), and apart from the fact that Congress controls that more than Bush (and that it has continued under the Democrats) … there’s also the fact that Social Security is an unconstitutional violation of our rights, as per the Tenth Amendment.

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Oklahoma: Standing up for State Sovereignty

by Rich Hand

As usual, Walter Williams hits the nail on the head. This article references a referendum introduced in the state legislature of Oklahoma to put the Federal government on notice that it has over stepped its bounds based on the 10th Amendment to the United States Constitution.

The founders would have never been able to get the constitution passed by the states if they could foresee the current actions of the federal government.

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What Ever Happened to the Tenth Amendment?

by Dr. Ron Gleason

There are few people today who pound the drum about the Tenth Amendment and still fewer who have any idea what is says. In fact, in general few Americans get exercised about our Constitution at all. Precious few have read it and politicians increasingly avoid it like the plague. With all the excitement that TV offers these days, who has the time or inclination to read the Constitution or The Federalist Papers. We are an uninformed nation and most of that is our fault.

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Limit Government, Not Liberty

by Neal Ross

“Liberty has never come from the government. Liberty has always come from the subjects of it. The history of liberty is a history of resistance. The history of liberty is a history of limitations of governmental power, not the increase of it.”
–Woodrow Wilson

Power is something that is often sought. However, once it is obtained it is like a drug that constantly demands an ever increasing amount of it. Most often it is wielded in a way that only benefits those who have it, with little regard for the welfare of those who do not.

Thomas Jefferson once said, “I have never been able to conceive how any rational being could propose happiness to himself from the exercise of power over others.”

Our Founding Fathers were wise when it came to the temptations which came with unbridled power. Anyone who has taken the time to research the writings of Jefferson, Madison, and the other founders would know that they were wary of a government with unlimited power.

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Can We Ever Return to the 10th Amendment?

Guest Commentary from Constitution Daily

General George H. Thomas earned himself the nickname The Rock of Chickamauga after his defense of September 20, 1863 saved the Union Army from annihilation. The battle of Chickamauga was a Confederate victory, but the losses to the South were enormous. General Thomas’ determination to protect the Union retreat saved the opportunity for General Sherman to later break the rebel hold on the major city of Chattanooga and proceed to scorch Georgia.

In the aftermath of the battle, a chaplain asked General Thomas how he like the states arranged for burial in the new cemetery. Thomas replied he wanted them all mixed together. “I’m tired of states’ rights.”

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A Public Menace: The War on Drugs

If you are concerned at all about liberty, the economy, the Constitution and the power of the Federal Government – you cannot ignore our longest and most costly war – the War on Drugs.

But no matter how long it lasts, how much is costs, how many lives are disrupted, and how much it fails – the war rages on.

Why?  Well, because Federal “authorities” don’t care what your local laws are, don’t care what your personal choices are and don’t care what reason you have for your choices.

All they care about is their own power.  Period.

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Limiting Government: A Reorganization

by Clay Barham

It is a project long overdue. We know how America runs best, when it worked best and what levels of government are most appropriate. We just need to back up and pare down. I do not know anyone who thinks the Post Office mentality operates any organization better than free people do.

We know our Declaration of Independence qualifies the role of free people and their government, and we know our Federal Constitution, as originally put forth, helped shape the way America functioned organizationally. If that is so, then we need only move back to a time when everything was best. America proved best for all people when compared to all other styles and forms of civil organization.

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