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“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.”
The Fight is Still On
Latest Featured Articles
The Tyranny of the Police State Disguised as Law-and-Order
Enough already. Enough with the distractions. Enough with the partisan jousting. Enough with the sniping and name-calling and mud-slinging that ...
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Unconstitutional? Extra-Constitutional? What’s the difference?
You often hear that an action is “constitutional” or “unconstitutional.” More rarely, you hear the term “extra-constitutional.” Exactly how do ...
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What Do We Mean By “States’ Rights?”
You'll often hear the term "states' rights" thrown around. When I use that term (and I really don't like to) ...
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Why Do Central Bankers Oppose a Gold Standard?
The fact that politicians, central bankers, and “too big to fail” bankers all oppose a gold standard is a tacit ...
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From the Blog
- Bipartisan Fiscal Suicideby Mike Maharrey on July 26, 2019 at 6:36 pm
WASHINGTON (July 26, 2019) – Trump’s bipartisan spending deal took a step closer to […]
- ICE Raids Show that Feds are Losing War on Math, Big Time. Will ATF and others be Next?by Michael Boldin on July 26, 2019 at 6:02 pm
The federal government has a math problem. A big one. And math doesn’t change its results […]
- Originalism and Stare Decisis in the Lower Courtsby Michael Boldin on July 26, 2019 at 3:04 pm
An interesting new paper by Josh Blackman on precedent vs the original constitution in federal […]
- The CIA’s “Intelligence Authorization Act” Would Criminalize Whistleblowers and Reportersby jprivate on July 25, 2019 at 3:35 pm
A CIA written Bill called the Intelligence Authorization Act (SB 3153) would criminalize […]
STATE OF THE NULLIFICATION MOVEMENT
Latest Videos
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ICE Raids Show that Feds are Losing War on Math, Big Time. Will ATF and others be Next?
The federal government has a math problem. A big one. And math doesn't change its results based on the political party or goals of people adding things up. On this show, we've repeatedly covered how the feds lack the resources to do much - at least without significant help from the states. And the latest numbers from ICE have just come in. Will the results be the same for the ATF and other federal agencies?
Path to Liberty, Fast Friday Edition: July 26, 2019
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Immigration: 3 Reasons They Can’t Deport “Millions” Even if They Want to
https://blog.tenthamendmentcenter.com/2019/07/immigration-3-reasons-they-cant-deport-millions-even-if-they-want-to/
'Operation Border Resolve' ICE raids, touted by President Donald Trump, net 35 arrests, officials say
https://www.usatoday.com/story/news/nation/2019/07/23/ice-raids-president-donald-trump-35-arrests-officials/1810185001/
ICE announcement
https://twitter.com/ICEgov/status/1153627943085715458
ICE announces hundreds of migrants arrested in raid operations
https://www.foxnews.com/politics/ice-announces-hundreds-of-migrants-arrested-in-raid-operations
35 arrested in Trump-touted ICE operation that targeted 2,000
https://www.cnn.com/2019/07/23/politics/ice-raids-35-arrests/index.html
ATF Fact Sheet - Facts and Figures for Fiscal Year 2018
https://www.atf.gov/resource-center/fact-sheet/fact-sheet-facts-and-figures-fiscal-year-2018 -
The Founders on Federal Enforcement and the Oath to the Constitution
"It's the law!"
A lot of people believe that if there’s a law on the books - no matter how unconstitutional or wrong - that the law needs to be enforced until it’s overturned in court or repealed by congress. Here’s a surprise for you - a lot of people are totally wrong.
Path to Liberty: July 24, 2019
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What's this new show name? Learn about it in this special podcast: https://blog.tenthamendmentcenter.com/2019/07/path-to-liberty-special-update-on-our-new-show-name/
The Founders on Federal Enforcement
https://tenthamendmentcenter.com/2018/06/28/the-founders-on-federal-enforcement/
Jefferson to Abigail Adams
https://founders.archives.gov/documents/Jefferson/99-01-02-0125
Federalist 44
https://avalon.law.yale.edu/18th_century/fed44.asp
Mercy Otis Warren on Obedience
https://oll.libertyfund.org/quotes/197
Marshall on the Oath p617
http://www.pegc.us/archive/Unitary%20Executive/paulsen_myth_of_marbury_2004.pdf -
Top-5 Myths About the Constitution
Path to Liberty, Fast Friday Edition: July 19, 2019
We've all heard the claims - various clauses of the constitution, rather than limiting federal power, are used as a justification for more and more of it. From the necessary and proper, general Welfare and commerce clauses, to the preamble, federal “supremacy” and more – there are a lot to choose from. The hardest part about putting this list together was keeping it to just the top-five.
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The Commerce Clause and the Constitution: Not a Power to Do Whatever They Want
https://blog.tenthamendmentcenter.com/2019/07/the-commerce-clause-and-the-constitution-not-a-power-to-do-whatever-they-want/
The Preamble to the Constitution: What It Tells Us and What It Doesn’t
https://tenthamendmentcenter.com/2017/06/13/the-preamble-to-the-constitution-what-it-tells-us-and-what-it-doesnt/
Necessary and Proper: Not Anything and Everything
https://blog.tenthamendmentcenter.com/2019/07/necessary-and-proper-not-anything-and-everything/
Thomas Jefferson on the General Welfare Clause
https://blog.tenthamendmentcenter.com/2014/08/thomas-jefferson-on-the-general-welfare-clause/
The Supremacy Clause Smackdown
https://blog.tenthamendmentcenter.com/2019/02/the-supremacy-clause-smackdown-good-morning-liberty-02-13-19/ -
The Marbury v Madison Myth
Good Morning Liberty: July 17, 2019
“A long, long time ago — 1803, if the storyteller is trying to be precise — in the famous case of Marbury v. Madison the Supreme Court of the United States created the doctrine of ‘judicial review.’ Judicial review is the power of the Supreme Court to decide the meaning of the Constitution and to strike down laws that the Court finds unconstitutional.”
And almost everything in modern "constitutional law" is based on a myth.
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The Myth of Marbury v Madison
https://tenthamendmentcenter.com/2015/03/08/the-myth-of-marbury-v-madison/
The Irrepressible Myth of Marbury
http://www.pegc.us/archive/Unitary%20Executive/paulsen_myth_of_marbury_2004.pdf
Popular Sovereignty, Judicial Supremacy, and the American Revolution: Why the Judiciary Cannot be the Final Arbiter of Constitutions
https://scholarship.law.duke.edu/djclpp/vol1/iss1/3/
Primary Documents in American History
https://www.loc.gov/rr/program/bib/ourdocs/marbury.html
Full Opinion of the Court
https://www.law.cornell.edu/supremecourt/text/5/137
Short video on Marbury
https://members.tenthamendmentcenter.com/2018/05/04/the-myth-of-marbury-v-madison/ -
Necessary and Proper: Not Anything and Everything
Good Morning Liberty: July 15, 2019
The "Necessary and Proper" clause of the Constitution is one of the most widely misunderstood - and abused in the document. Most modern federal regulations today are justified by the Necessary and Proper Clause - possibly even more than under the Commerce or general Welfare clauses. Now, here’s the irony of the situation: Far from granting “broad authority” to Congress, the truth is that the Necessary and Proper Clause grants no power at all.
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James Madison and the Necessary and Proper Clause
https://tenthamendmentcenter.com/2017/07/16/james-madison-and-the-necessary-and-proper-clause/
Correcting the Record on Necessary and Proper
https://tenthamendmentcenter.com/2011/05/23/correcting-the-record-on-necessary-and-proper/
Necessary and Proper, Not Anything and Everything
https://tenthamendmentcenter.com/2014/09/03/necessary-and-proper-not-anything-and-everything/
The Necessary and Proper Clause Granted No Power
https://tenthamendmentcenter.com/2012/07/13/constitution-101-necessary-and-proper-clause/
Time for Another Smackdown: Necessary and Proper Edition
https://tenthamendmentcenter.com/2011/09/01/time-for-another-smackdown/ -
Immigration: 3 Reasons They Can’t Deport Millions Even if They Want to
Good Morning Liberty, Fast Friday Edition: July 12, 2019
Over the last few years, we’ve heard a lot of people demanding that all illegal immigrants need to be deported, literally millions of them. Depending on your point of view - this episode is either going to be good news or bad news. Either way, we’ll be talking about the top 3 reasons this isn’t going to happen.
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Fiscal Year 2018 ICE Enforcement and Removal Operations Report
https://www.ice.gov/doclib/about/offices/ero/pdf/eroFY2018Report.pdf
CIS Fact Sheet on Sanctuary Cities
https://cis.org/Fact-Sheet/Sanctuary-Cities
How Trump Risks Making Sanctuary Cities Stronger: Good Morning Liberty 04-12-19
https://www.youtube.com/watch?v=S8n-ubj2Ve4
House and Senate Again Decline to Fund Trump's Proposed Homeland Security Hiring Spree
https://www.govexec.com/management/2018/08/house-and-senate-again-decline-fund-trumps-proposed-dhs-hiring-spree/150256/
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CONSTITUTION 101
The 10th Amendment
The Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the ...
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The Supremacy Clause
The Supremacy Clause This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and ...
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Nullification
Nullification Any act or set of acts which results in a particular federal law or program being rendered null and ...
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The Commerce Clause
The Commerce Clause [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and ...
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Necessary and Proper Clause
Necessary and Proper Clause [The Congress shall have Power] To make all Laws which shall be necessary and proper for ...
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General Welfare Clause
General Welfare Clause [The Congress shall have Power] To lay and collect Taxes, Duties, Imposts and Excises, to pay the ...
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FREE EBOOKS
The Virginia Ratifying Convention and the Birth of the 10th Amendment
While the essays found in the Federalist Papers provide an intellectual argument in favor of the Constitution, it was at the conventions where its supporters had to confront the specific concerns of skeptics and opponents. Of all them all, the Virginia Ratifying Convention – held June 2-27, 1788 – may offer the best insight into what kind of government the Constitution created.
The 14th Amendment and the Incorporation Doctrine
Gaining a complete grasp on the 14th Amendment is one of the more mind-boggling and complicated aspects of constitutional interpretation. It is also one of the most important, and anybody embarking on a thorough study of history will likely formulate contempt toward the impulses of modern judicial orthodoxy.
The Jefferson Letters, Vol. 1: The Kentucky and Virginia Resolutions
As Thomas Jefferson and James Madison strategized on how to address the Alien and Sedition Acts, they corresponded by mail, discussing their ideas. Ten key letters give further insight into their strategy. Their correspondence reveals that the resolutions were merely intended to serve as a starting point, setting the stage for additional, more aggressive steps to stop the federal overreach.
The Constitution and the Report of 1800
James Madison composed a document commonly known as the Virginia Report of 1800. While it was specifically written as a defense of the Virginia Resolutions of 1798, a close reading of the report provides a detailed analysis and keen insights into several of these key constitutional issues. Madison effectively obliterated arguments apologists for federal power were using to justify ignoring the First Amendment, separation of powers, and other constitutional provisions meant to limit federal authority.
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