Much is being written about certain flaws in the character of Chief Justice John Roberts. Conservatives are of the opinion that Roberts was moved to uphold Obamacare due to the persuasive force of The New York Times editorial pages.

Libertarians suspect mental defects caused him to replace the Commerce Clause with the Taxing Powers as Congress’s license to puree our few remaining freedoms. And legal scholars of all bias are united in the view that Roberts, quite unlike his judicial ancestor King Solomon, actually did cut the baby in half.

Proposed solutions to this constitutional gobsmack range from the improbable – a congressional repeal – to the unlikely – President Mitt appointing libertarian jurists to the Supreme Court. Does this mean our liberties are forever hostage to nine Ivy League law school grads?

Reading the Federalist frontward and backward one is hard pressed to find a passage favoring the idea that a handful of politically-appointed lawyers are the final arbiters of constitutional overreach. To the contrary, even Alexander Hamilton, who was of the caste partial to big government, forcibly refuted in Federalist No. 81 charges that the proposed Supreme Court would be given a monopoly on the “power of construing the laws according to the SPIRIT of the Constitution”:

In the first place, there is not a syllable in the plan under consideration which DIRECTLY empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.

Doubtlessly you are now thinking, yes, Federalist No. 81 will convince legions to rise up against our DC overlords and rightfully return sovereignty to the States and the people.

If it were only so simple.

Regular readers of this site are treated to a wealth of historical perspective and current events commentary on the Tenth Amendment as the long-neglected bulwark against federal tyranny. Our many readers enjoy the crisp writing and learned perspective, and leave feeling better informed about the people, places and ideas animating the liberty movement.

Become a member and support the TAC!

But what part can you, dear reader, play in making sure we don’t end up in a Hunger Games-style dystopia, with a neo-fascist central government controlling our jobs, our wealth, our healthcare, our food, our transportation, our everything?

In the three-part series to follow, using insights gleaned from experiences as a political operative, blogger, former elected official, party committeeman and attorney licensed in three sovereign States, I will offer strategies on how each of us can get active for the Constitution. Part One, appearing in the next few days, is entitled “Network, Organize and Takeover”. Part Two will focus on messaging, education and agenda-setting. Part Three will be a visioning exercise of what real freedom looks like.

See you in a few.

Benjamin Gross
Latest posts by Benjamin Gross (see all)

The 10th Amendment

“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.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


maharrey minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.