The Constitution or Liberty

by Sheldon Richman, Foundation for Economic Education

“Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.”

We might think those words—or words to the same effect—are in the U.S. Constitution. But they are not. They are from Article II of the Articles of Confederation, America’s first constitution. They could have been placed in the U.S. Constitution but were deliberately left out in 1787.

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Indiana Legislators Urge Feds to “Cease and Desist”

Legislators in Indiana have introduced Senate Concurrent Resolution 0037:

“A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State’s legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.”

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HJR108: State Sovereignty for Tennessee

by Susan Lynn, 57th District Rep., Tennessee

State sovereignty is a big deal to state legislators; hopefully, it is to you as well. It is what keeps the federal government from over stepping its constitutional bounds.

Today many state legislators, including some in Tennessee, have decided it is time to affirm state sovereignty under the Tenth Amendment to the Constitution of the United States and demand the federal government halt its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution.

The history of the formation of our federal government is long and complex but what the framers sought was a government that protected man’s natural rights; declared by the Declaration of Independence to be the right to life, liberty and the pursuit of happiness; better interpreted to mean that all men, by nature are equally free and independent with the right to work, acquire property and pursue their own individual happiness.

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Three Cheers for the 10th Amendment Movement

by Alan Keyes, Loyal to Liberty

I’m pleased to see the growing movement in State legislatures around the country to remind Americans of the existence and import of the 10th amendment to the Constitution. It reads simply “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

These words first of all firmly and unequivocally establish that the U.S. government has only the powers delegated to it by the Constitution of the United States on the authority of the sovereign people of the United States by whom it is ordained and established. The State governments, established by sovereign decision of the people of the respective States, continue to enjoy the powers vested in them by their State constitutions, subject only to the specific prohibitions spelled out in the U.S. Constitution.

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Freddie and Fannie: Unconstitutional

Bailouts of the failing Freddie Mac and Fannie Mae are not only unwarranted and unwise – but the existence of both these quasi-government/private organizations is unconstitutional from the very beginning.

When looking at the constitutionality of government programs, it’s not necessary to be a law student, or an “expert” of any kind.  The founding fathers wrote the Constitution in plain English – so that ordinary people would be able to understand the law…that governs the government.

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The Presidency: Executive or Imperial Branch?

by Ivan Eland

More memos recently have surfaced that were written early in the Bush administration by John C. Yoo from the Justice Department’s Office of Legal Counsel — the man who gave us the administration’s horrifyingly narrow definition of torture. As difficult as it is to believe, the recently released memos are even scarier than the original torture memo.

Yoo boldly asserts that the president’s power during wartime is nearly unlimited. For example, he argues that Congress has no right to pass laws governing the interrogations of enemy combatants and the commander-in-chief can ignore such laws if passed, and can, without constraint, seize oceangoing ships.

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