Showing posts with label tenth amendment. Show all posts
Showing posts with label tenth amendment. Show all posts

Thursday, June 27, 2013

The Answer is Simple


If you are one of the people that believe our future is being jeopardized by an out of control federal government the fix is simple and laid out clearly in the US Constitution. The fix is the Tenth Amendment. The text is short, clear, and concise:


“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.”

All acts, laws, and dictates of the federal government must be delegated to it in the constitution. Where is it delegated that the federal government should be a pension fund, medical fund, or arbiter of welfare money? Any attempt to justify 90% of what the federal government currently does is tortured logic. There are 18 specific powers. None of them include the power to take the wealth of some and give to others.

The founders were very conflicted in the creation of the United States. They knew that too much central power would turn to tyranny, and not enough central power would leave the states vulnerable to foreign interests and could undermine the ability of the states to thrive economically and independently. It is critical to note that the Constitution was intended to limit the central power of the government. Every argument about the ratification discussed the potential of the central government to infringe on the rights of the individual and states. That is why the Bill of Rights was added and especially the Tenth Amendment.

The founders even argued about the Bill of Rights. Many didn’t even believe it was needed because the Constitution was inherently a document limiting central power. It was assumed that the people would hold a central government in check. In the day, it was not uncommon for people to violently revolt against the tax collector or representative of any central authority. Limiting power was absolutely the intent. To think the central government was a means to happiness or prosperity would have been laughed at and rejected hands down. But fortunately for us today, many did not trust a central authority and would not ratify without the Bill of Rights. If not for these ten amendments we would not have the country we have today.

There has been a concerted effort not to teach the founding in context. If the education of our youth included the true intent of the US Constitution and the founders, we would be in much better shape today. The bright side is many people are starting to realize how right the founders were. There is a growing movement to utilize the Tenth Amendment and the process of nullification. Nullification is simply the states and people rejecting unconstitutional laws.

Rejecting unconstitutional laws utilizing the Tenth Amendment and nullification is the simple answer. Once this movement gains greater ground it will take hold. To learn more go to www.tenthamendmentcenter.com. You will be glad you did…

Friday, March 30, 2012

The Supreme Court is Invalidating the Founder’s Intent


No matter what decision the Supreme Court reaches regarding Obamacare, the SCOTUS is and has been acting unconstitutionally for decades since FDR. The US Constitution is clear on the role of the court as are the Federal Papers and the many correspondences between the founders about its role simply as arbiter not legislator. Legislation and law were intended to be introduced and voted on in the House first and foremost. The Constitution is clear about who holds the law making responsibility. There is no alternative including interpretations of laws by the SCOTUS. They were only meant to validate or invalidate a laws legitimacy based on the founder’s intent.

Let’s start with the intent. The intended purpose of the Constitution was to limit Federal Power. The clearest and easiest evidence to understand and to support that is the Tenth Amendment. Why else would the founders/states have insisted on this addition if the intent was not to limit central power? The US Constitution would not have been ratified without the guarantee of the Bill of Rights which includes the 10th Amendment. The Bill of Rights in total underlines the distrust the states and the people had for this newly formed central government. Today it is painfully apparent how little the power of the Tenth Amendment has been utilized in the fight to curb centralized programs, but it has seen a renewed commitment to make it relevant again.

The SCOTUS was intended by the founders to simply be the referee to ensure the legislature was only passing laws that met the limits and protections within the constitution. Madison believed the role would be utilized on a very limited basis and in the federal papers he insists the concern about precedence was unwarranted. He suggested that every case that came before the SCOTUS would be looked at from the perspective of the original intent and not subsequent cases. How wrong he was. The precedence of the SCOTUS has been used to rewrite original intent to mean whatever the court wanted it to mean. This has been seen with the Commerce Clause. Its intent was to make trade regular between the states so there was a “uniform” set of laws guiding how the states traded. The coastal states could have easily introduced additional tariffs and taxes to the other states due to their proximity and importance in the delivery of foreign goods. It was not intended to be used as a way for the federal government to force the states to comply with its wishes simply because they participated in commerce. It was more efficient to have one representative dealing with foreign governments and trade agreements so the states would not have 13 different sets of rules that could be used to divide and create mischief by foreign governments especially France and England.

There have been a number of torturous interpretations based on precedent and ideology that have slowly but surely undermined our freedoms and decisions as a people. The suggestion that if we buy something or make something that is considered “commerce” that that becomes a reasonable opportunity for the federal government to regulate it and tax it to pay for the regulation is a warped view of the constitution. There is no requirement of the SCOTUS to consider any previous cases. That is what they need to do in the Obamacare case. They need to read and look at the original intent of our constitution.

That is where the crux of my argument lies. We now have a completely politicized process that does not fundamentally begin with a review of the constitution; it begins from the ideological views of the justices. As a conservative I pray the more conservative judges begin with the constitution in this healthcare case. But no one person can argue that every decision of late that the SCOTUS has ruled on is based in politics. Yes they occasionally reference the constitution but too often reference precedence. Completely opposite of what Madison argued would be the case.

The growth and intrusiveness of the Federal Government is being refereed by a party (SCOTUS) that has a self interest in the growth of that same government. If President Obama gets to choose two or more justices for the Supreme Court does anyone believe it will be a legitimate institution to protect our founding document? We will have reached the point of a nine person dictatorship if the SCOTUS becomes all powerful in the making and determining our future laws and original intent of the Constitution.

The states and the Governors of those states along with the legislatures need to take up the cause of liberty and limited federal power. They can do that by nullifying the laws they disagree with and believe are unconstitutional. Nullification is a legitimate course of action found within the constitution. We can’t rely on the Supreme Court for much longer because it is already politicized but if this president gets a few more picks it will no longer be on the side of the people and the states.

It is time for the states and the people to read, understand, and protect the US Constitution. It is the greatest weapon in the fight for liberty. Much more reliable than any SCOTUS.   

Wednesday, December 15, 2010

The Tenth Amendment Rendered Meaningless…

If the governors of these United States don’t start stepping up to the plate in a more aggressive manner, the Tenth Amendment to the United States will be rendered meaningless. The constitution is already on life support, and the Tenth Amendment is the critical arguing point in this battle between centralized tyranny and local independence.


I shudder when I hear governors groveling at the altar of the federal government as Governor Elect Nikki Haley of South Carolina recently did when she asked the president to “allow South Carolina to opt out” of the healthcare bill. This is not constitutional leadership. We need our governors to start studying the history of this nation and start employing the same arguments that were made then, resulting in the Bill of Rights including the Tenth Amendment.


I get perplexed when I read our history and compare the political fights we are having today. It is appalling how weak our state governments have become compared to their domination at the founding of our country. Where did we go wrong? I believe the first fundamental principle we have allowed to slip is our understanding of history and our founding. Along the way politics, civics, and history have taken a back seat to pragmatism, and a casual undermining of our true history.


We have allowed big government advocates to paint big government as a compassionate institution that is there to help people. We have allowed the constitution and its fundamental principles to be undermined by tortured arguments by Supreme Court justices and power hungry presidents, as they mangled the original intent without a true debate of the ramifications these changes would have for future generations. We have allowed blind emotion to drive decisions that have destroyed millions of American lives with government dependency, and the only result; a few liberals feel good about themselves. We have forgotten how to argue on principle and have accepted short term gratification over standing on principle to achieve more difficult but sounder and moral results.


The Supreme Court has been allowed to become too powerful when the founders intent for the court was simply to determine the constitutionality of laws created by congress. It was never intended to be a body that created laws for the nation. It is an equal branch of government that has been used too often to provide cover for weak kneed politicians that don’t want to do the hard work they are constitutionally required to do. The states have become too complacent to bad federal law and have relegated their responsibility to provide for the states, rendering the Tenth Amendment meaningless.


When coal mine expansion in the state of West Virginia is being held up by a federal bureaucracy that is protecting bugs over jobs, and governors accept this as normal, the Tenth Amendment is rendered meaningless. When the federal government believes that a smelt is more important than the farmer in California, and the governor accepts this as normal, the Tenth Amendment is rendered meaningless. When our government is passing bills to force our kids to eat certain foods, and the governors accept this as normal, the Tenth Amendment is rendered meaningless. When the federal government continues to make decisions affecting state budgets beyond the scope of its constitutional authority, and governors accept this as normal, the Tenth Amendment is rendered meaningless.


History proves that the Tenth Amendment was critical in the passing of the United States Constitution, and without it the states would have never ratified the document. The arguments for and against ratification were passionate and revolved around a desperate fear that a central government would one day dominate and limit the freedoms that individuals had sacrificed their lives to ensure. Today we have a central government that people fear is stealing their individual liberty and ability to pursue happiness. The Tenth Amendment is not meaningless, it is the pivotal amendment to return the federal government to a limited role and to protect the liberties our founders fought so hard to achieve…

Sunday, February 7, 2010

Jefferson, the Fed, and the Tenth Amendment…

In one of the many arguments Thomas Jefferson had with Alexander Hamilton in the first administration of the newly found republic, under President George Washington, Jefferson used these words to describe why Hamilton’s plan for a federal bank under private management was a bad and unconstitutional idea:

“I consider the foundation of the Constitution as laid on this ground”: that “all powers not delegated to the United States by the Constitution, nor prohibited to it by the states, are reserved to the states or to the people.”…

Jefferson went on to argue: “The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States by the Constitution. They are not among the powers specially enumerated…” “If such latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to every one, for there is not one which ingenuity may not torture into a convenience in some instance or another.” Simply stated; Ignore the enumerated powers and there are no enumerated powers, the sky is the limit to expanded federal government.

This is the foundation of the “implied powers” argument used throughout history to ignore the true intent of the constitution.

How prophetic Jefferson was, and how we see over the years the federal government’s quest for power has given us a government that Hamilton always wanted, a government of an elite class of men with the power over the common man. My words, not his; his sentiment, not mine.

Jefferson fought desperately to stop what today is the Federal Reserve System. If Jefferson were alive today he would want to end the fed. Giving up the federal treasury to be run by “independent and private” interests in his eyes was a recipe for disaster. And the disaster is now upon us.

Jefferson accused Hamilton of “excluding popular understanding and inquiry.” He argued the system of banking and credit devised by Hamilton was so confusing no man including the “president or congress should be able to understand it, or control it.” Which he believed gave Hamilton a scheme to enrich himself and his cohorts within the system Hamilton devised.

These arguments between the two founders were the foundation of a two party system. Not the one we have today but it put people in two “camps”; federalists and republicans with a small r. The Republican Party of yesterday is in modern times what became the Democratic Party. The federalists were the big central government supporters that had the rich, wealthy, and British sympathizers behind it.

How times change but one thing remains true; the principles of our constitution are the key to our recovery and a prosperous future. If we listen and learn about our history and great men like Thomas Jefferson we can consider the paths ahead by the great understanding that he had of government.

He loved the constitution and it was he and Madison that promised the Bill of Rights to encourage the states to ratify our Constitution. It is time to revisit our constitution and our Tenth Amendment in particular. That is, if we want a prosperous future and one that restrains the federal government from intruding on out state and individual rights.

Sunday, July 26, 2009

The Tenth Amendment continues to “get legs”…

The movement has been long seeded and is finally becoming the clear rallying point for concerned Americans. The brilliance of the constitution and in particular the Tenth Amendment is its clarity of purpose.

The Tenth Amendment clearly states “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 beauty of clarity! There are basically 17 enumerated powers given to the federal government, which are defined but relatively broad as to not completely hamstring the government. They were made broad by the Founders because they believed there were other areas of the constitution that would reign in any abuse of power like the Tenth Amendment.

The states were extremely reluctant to sign the constitution and although it took over 200 years to play out, we can now understand the basis for their reluctance to get involved with a centralized authority. They were right to be concerned about man’s propensity to control and dominate others. But the states considered the Tenth Amendment the “ace in the hole”. It was clear that if this centralized government became too big they could control it by insisting the government cease activity based on the amendment.

The states were the true power at our founding and through Chief Justice Marshall, Hamilton, Lincoln, FDR and others, we have allowed a government to completely ignore the constitutional limitations with arguments based on emotion and faulty logic. To be fair the people have allowed this to happen based on circumstances of the times but that is water under the bridge.

Just because we have allowed these intrusions of federal authority to happen does not mean they can’t be challenge and changed. The Tenth Amendment is still the Tenth Amendment, it has not changed Its meaning has not changed, and it has only become more apparent that it is the amendment that must be resurrected to stop this massive federal takeover of our freedoms.

Every day new articles and movements are cropping up about governors and state legislators adopting resolutions to confirm the Tenth Amendment. Go to the Tenth Amendment Center to see all of the activity.

It has been a long time coming but the time has arrived. The American people have finally seen the massive failure of centralization and want to take back control from this faceless behemoth of a government. States are not perfect either but they are easier to get involved with.

It is time to support candidates at the state level that support enforcement of the Tenth Amendment. Recognizing the amendment exists was the first step but now it is time to take real action. We must recognize that the power of the federal government is in its individual taxing authority and this must be challenged on the grounds that taking money from one state to give to private companies in another (car bailouts) is unconstitutional. Where in the constitution does the federal government derive that right?

That is money that is stolen from a state to give to private business in another. There are many angles to cut off the funding of the central government and they all derive from the Tenth Amendment. People are starting to understand our future is now at risk but there is an answer.

We must cut off the funding and bring back control where it belongs; to the states. The movement is getting legs; it needs your legs to keep marching on. Join the fight and join with others like the Tenth Amendment Center to get informed and involved. We are in exciting political times and every citizen that loves the greatness of this country must get armed with the knowledge of the Tenth Amendment. It is the most powerful “weapon” in our arsenal…

Friday, May 29, 2009

Federal Borrowing Must Be Stopped…

The Federal Government is borrowing away our future and has taken away every American’s constitutional right to the pursuit of happiness. We can no longer stand by and watch our debt quadruple per family.

You now owe $546,668 as a family thanks to the out of control spending of this government, and it is mostly unconstitutional. How do you pursue your own happiness when the government has the ability to borrow in your name for things that bring no value to you?

The constitution allows for the federal government to borrow for things that are important to the nation as a whole, mostly defense. But when the federal government borrows from you as an individual to “buy” a car company it is obvious they have gone too far. When the government takes your money to give to others they deem more worthy they have gone too far. When the federal government takes our state and local tax money for educating our children they have gone too far.

The Federal government has gone too far. If I were to borrow $546,668 in your name I would be thrown in jail. None of this federal borrowing beyond our military is justified or needed. Our Governors must stand up for the rights of their states, and we as individuals must stand up for our rights to the protection of our property (hard earned money) and our pursuit of happiness. How can any family pursue their dreams when the federal government can take away our rights to a prosperous future by borrowing on our individual credit?

The tenth amendment and nullification of federal programs is our only chance. We must audit all federal expenditures on our behalf and determine the constitutionality of each federal expenditure. Then we need to nullify each program at the state level and reduce our federal tax burden accordingly.

The only way we can do that is each state must end individual federal withholding taxes and collect those taxes at the state level. Then the states can pay the taxes on behalf of their individual citizens. This will bring the balance of power back to where it belongs; in the hands of the states and individual Americans. With the state in control our state representatives will have greater ability to provide the services truly needed to run the state according to the citizens of the state. No more federal extortion to get our state funds back for our own use.

This is not a radical idea. This is an idea rooted in the US Constitution. What is happening now is a complete disregard for our constitution and especially our tenth amendment rights. Government programs are so much more manageable at the state level, and we have a much better chance of holding our state representatives accountable as opposed to holding a Federal Representative from San Francisco or a Federal Senator from Nevada accountable.

Our Federal system is broken. There is no true representation in congress when the rules are contrived to nullify representation from states that happen to elect a representative from the “wrong” party.

Does anyone feel represented anymore at the federal level? Did you approve $546,668 borrowing on your behalf? Do you want it to stop? Have your read the tenth amendment? Have you read the US Constitution?

Stand up and fight for the US Constitution and your rights. Let your governor know you want this federal oppression to stop. Read our constitution and start the ground work for a movement back to our future. We don’t need radical change, we just need to abide by the framework already in place; The United States Constitution!

Wednesday, January 7, 2009

The 10th Amendment to the United States Constitution

Simply reads:

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.

Simply means: The only powers delegated to the federal government are few; "establish Justice, insure domestic tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and Posterity, do ordain and establish this Constitution for the United States of America."

There is nothing that tells the Feds they can run every aspect of our lives. Most of the delegated powers were focused on security. The General Welfare is not a blank check and it is the promotion which means support of the people not domination over or a guarantee.

So we must start delegating the powers back to the states and away from Washington DC. Otherwise we are in big trouble as a Nation... Read the US Constitution carefully and often It is only 4000 words...