It’s the People’s Right!
The Tenth Amendment is not so much about “states’ rights†as it is about an individual right to be governed locally.
Constitutionalism 101
If one wants a nearly thorough education about the U.S. Constitution, it would be wise to examine the following: the notes from the Constitutional Convention, the public editorials written both for and against the proposed Constitution that followed, the state ratification debates, and the actual document itself.
Standing up for the Constitution
If Thomas Jefferson could come back and visit the United States for a day, would he recognize the government his wisdom and wordsmithing helped create?
Ron Paul: States Have Right to Legalize Marijuana
In a recent interview on Air America Radio, Ron Paul took a strong stand in support of the Constitution and State Sovereignty – by stating that laws and regulations of Marijuana should be on a state level.
“If California wants to legalize it, let ‘em legalize it,” Paul told host Richard Greene on Air America’s “Hollywood CLOUT!” program.
The Legal Foundation of our Republic
We all are aware of the importance of the U.S. Constitution as the legal foundation of our republic, I do not have to tell you the dire implications of one level of government ignoring some, or all, of this document. Our Constitution has served us well for over two hundred and twenty years, in part, because of the great respect and adherence to it by both the federal government and the respective states. It is true that since it’s ratification in 1789, the U.S. Constitution has been interpreted by some of the most brilliant minds in our nation’s history.
The Jeffersonians Were Right After All
Kevin Gutzman’s “Virginia’s American Revolution” is a treasure trove for those who would recapture the original American republic.
Supreme Court isn’t Supreme
Where the Constitution needs to be changed, it should be amended through the process provided in the Constitution, not through a judicial edict.
Torture, Habeas Corpus and the Constitution
Recently, while watching a video of Judge Andrew Napolitano commenting on revelations that Bush and his administration knew about and authorized “enhanced interrogation techniques” (ie, torture) by the CIA, I started thinking – as usual – about how all this fits in under the Constitution.
Making it Up as They Go
We are governed by a written constitution that grants the people and the states the right to keep government in line
John Marshall Vs Thomas Jefferson on Constitutional Interpretation
Jefferson argues against exclusive judiciary construction; he felt it would undermine the principle of checks and balances
Turning the Constitution on its Head
With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another step down the long road of “incorporating†the Bill of Rights into the Fourteenth Amendment’s Due Process Clause. In doing so, it continued down the path toward completely inverting the model of government to which The People agreed when they ratified the Constitution.
New Oklahoma Sovereignty Resolution
In response to Governor Henry’s veto of House Joint Resolution 1003, Oklahoma State Rep. Charles Key has reintroduced the resolution as House Concurrent Resolution 1028. Passage in both the House and Senate on a concurrent resolution will not require signature from the governor.
HCR1028 is “A Concurrent Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.”
Parting Company
As with any compact, one party does not have a monopoly over its interpretation, nor can one party change it without the consent of the other. Additionally, no one has a moral obligation to obey unconstitutional laws. That’s not to say there is not a compelling case for obedience of unconstitutional laws. That compelling case is the brute force of the federal government to coerce obedience, possibly going as far as using its military might to lay waste to a disobedient state and its peoples.
Nullification Revisited
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” – James Madison
Principle of states’ rights is neither new nor ‘radical’
As a country governed by a written Constitution, the right to keep government in check is vested in “we the people.†That means that we, the people of this country, cannot be forced to accept an oppressive and intrusive federal government. Under Senate Resolution 632, the Georgia Senate expressed bipartisan support for the principles of Jeffersonian democracy.
The Forgotten Amendment
One amendment has been totally ignored by our political leaders. The forgotten amendment is the tenth amendment which enumerates the rights of states and the people.
The Ninth Amendment: The Tenth’s Partner
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.†It works with the Tenth to reinforce limits on the federal government.
Can Congress Write Any Law it Wants?
The whole purpose of the Constitution is, was, and has been to define the government, to impose restraints on the government, and to guarantee personal freedoms.
Alaska Sovereignty Resolution on way to Governor
In Alaska, House Joint Resolution 27 is “Awaiting Transmittal to the Governor” as the State Senate passed it on April 19th with a vote of 19-0 (1 absent). The resolution previously passed the State House with a vote of 37-0 (3 absent) – and the revised version passed on the 19th with a vote of 40-0.
On the Air in California
This past Thursday, the Tenth Amendment Center’s Michael Boldin was interviewed by Rob Johnson on The Patriot 840AM in Modesto, California. Mr Johnson is a strong supporter of limited government and adherence to the constitution.
Talking Constitution in Seattle
Professor Rob Natelson of the University of Montana School of Law is an expert on the framing and adoption of the United States Constitution. He was recently interviewed by Dori Monson on NewsTalk 97.3 FM in Seattle – it’s definitely worth the listen.
Nullification Reconsidered
South Carolina’s bold nullification of the tariff in 1832, against nearly the entire American establishment, is always stated by the historians to be a failure. But it accomplished its purpose…
States Rights Are Rapidly Eroding
The Founding Fathers understood that a one-size-fits-all approach just doesn’t work, especially in a country the size of America, and it certainly doesn’t work for Texas. Our economic strength, compared to the federal budget mess and other states’ troubles, is evidence that Texans know what’s best for Texas.
