Tenth Amendment Center | Supreme Court Offers Opinion, Doesn’t Make Law

June 28, 2018 by · Leave a Comment 

Whenever state laws are overturned by the Supreme Court, such decisions are often cited as repudiation against any sort of argument for their legitimacy. While case law is regularly debated, the court’s constitutional power to make such reversals is rarely questioned. Courtly precedents are usually referenced in support of such actions rather than a constitutional basis.

But the power to offer opinion does not equal the power to make law. While today, most believe that Supreme Court justices carry an aura of infallibility in doing so, that perception was not always so clairvoyant.

The Constitution grants very little power to the federal judiciary for a reason. Since British history was rife with treacherous kings who packed the royal courts with those who would innately endorse their aims, the founders embraced the separation of powers doctrine espoused by Charles de Montesquieu for a reason. The judges serve for life to separate them from kingly and pragmatic interests, not for assurances of power.

Source: Tenth Amendment Center | Supreme Court Offers Opinion, Doesn’t Make Law

Tenth Amendment Center | America Needs a “Come To Tenther” Moment, and Soon

June 26, 2018 by · Leave a Comment 

For years, the Tenth Amendment Center has drawn the ire of both the American right and left, but generally for different reasons. To the left, we were neo-Confederates trying to mask our desire to somehow reintroduce slavery and Jim Crow segregation by promoting nullification and state’s rights. We draw the ire of the right for challenging unconstitutional wars and the federal War on Drugs.

While we have detractors from both sides of the political divide, the most vocal opposition almost always originates from whichever side holds federal power at the moment.

During the Bush years, we frustrated the right because we stood against unilateral executive war powers, the REAL ID Act, the so-called Patriot Act and more. During the Obama years, the left railed against us because we opposed Obamacare, Common Core, the IRS, the War on Drugs, police militarization, gun control, even the Supreme Court imposing its own definition of marriage on the states.

Source: Tenth Amendment Center | America Needs a “Come To Tenther” Moment, and Soon

Tenth Amendment Center | War and the Separation of Powers

April 30, 2018 by · Leave a Comment 

A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from all others. Usually, they answer that it’s the clauses that guarantee the freedom of speech, privacy and due process.Yes, each of those guarantees — if upheld — is vital to restraining government, but the overarching and most important unique aspect of the Constitution is the separation of powers. The constitutions of many totalitarian countries pay lip service to free speech, privacy and due process, but none has the strict separation of powers that the U.S. does.

Source: Tenth Amendment Center | War and the Separation of Powers

Tenth Amendment Center | The Constitution and War Powers: Not a Presidential Dictatorship

April 10, 2018 by · Leave a Comment 

We are long past the point at which constitutional arguments have much hope of restraining the American political class, either at home or abroad. They are still worth making, though, since they serve to show the two major parties’ contempt for American law and tradition.

Ever since the Korean War, Article II, Section 2 of the Constitution — which refers to the president as the “Commander in Chief of the Army and Navy of the United States” — has been interpreted to mean that the president may act with an essentially free hand in foreign affairs, or at the very least that he may send men into battle without consulting Congress. But what the framers meant by that clause was that once war has been declared, it was the President’s responsibility as commander-in-chief to direct the war. Alexander Hamilton spoke in such terms when he said that the president, although lacking the power to declare war, would have “the direction of war when authorized or begun.” The president acting alone was authorized only to repel sudden attacks (hence the decision to withhold from him only the power to “declare” war, not to “make” war, which was thought to be a necessary emergency power in case of foreign attack).

Source: Tenth Amendment Center | The Constitution and War Powers: Not a Presidential Dictatorship

Tenth Amendment Center | How Federal Surveillance and “Parallel Construction” Undermine the Rule of Law

March 29, 2018 by · Leave a Comment 

When we talk about NSA spying, most people’s eyes glaze over. They just don’t think it will have any impact on them. After all, the surveillance agency only spies on foreigners and terrorists, right? And if some Americans’ data ends up in NSA databases in the process, well, that doesn’t really matter. It’s the price we pay for security.

But in fact, federal surveillance and the investigative practices it fosters undermines and subverts the fundamental rule of law in the United States.

Source: Tenth Amendment Center | How Federal Surveillance and “Parallel Construction” Undermine the Rule of Law

Tenth Amendment Center Blog | New Hampshire House Passes Bill to Require Fully Informed Juries

March 20, 2018 by · Leave a Comment 

Today, the New Hampshire House passed a bill that would require courts to fully inform juries of their right to vote “not guilty” when “a guilty verdict will yield an unjust result.”

A coalition of eight Republican representatives introduced House Bill 1443 (HB1443) on Jan. 3. The legislation would amend the current jury instruction law and require the court to explain to the jury it has the right to acquit if they believe a guilty verdict would be unjust at the request of the defendant or defense attorney.

Source: Tenth Amendment Center Blog | New Hampshire House Passes Bill to Require Fully Informed Juries

Tenth Amendment Center | Make America Free Again: Resist D.C. and Build a Gun Rights Sanctuary State

February 24, 2018 by · Leave a Comment 

Following the murder of 17 students at a Florida high school by a fellow peer, President Donald Trump has announced his commitment to enacting further unconstitutional federal gun control legislation. It’s a textbook example of why we shouldn’t trust politicians to protect our rights, and why the Tenth Amendment Center anti-commandeering strategy at the state and local level is so vital.

Source: Tenth Amendment Center | Make America Free Again: Resist D.C. and Build a Gun Rights Sanctuary State

Tenth Amendment Center Blog | Self-Defense: A Right Worth Fighting For

February 21, 2018 by · Leave a Comment 

 

The right to bear arms is unique among the first ten amendments to the Constitution, known as the Bill of Rights, in that it is the only right which is self-preserving. In other words, all other rights ultimately rely on the ability to resist to prevent their loss. As the common saying goes, you can’t have the First Amendment without the Second. It’s hard for someone to take away your freedom of worship or speech when you still have a gun in your hand. So, why is our right to keep and bear arms so important?

Source: Tenth Amendment Center Blog | Self-Defense: A Right Worth Fighting For

Tenth Amendment Center | Constitution 101: The Judiciary and Judicial Review

February 17, 2018 by · Leave a Comment 

The federal judiciary has arguably become the most powerful branch of the general government. Opinions issued by nine politically connected lawyers have redefined marriage throughout the entire United States, authorized the internment of American citizens and dictated what kinds of decorations cities can display in their parks. Federal courts were never intended to wield this kind of power and control. In Federalist #78, Alexander Hamilton argued that judiciary would operate as the weakest branch of the federal government.

Source: Tenth Amendment Center | Constitution 101: The Judiciary and Judicial Review

Tenth Amendment Center | The Real News: FISA Memo Reveals Surveillance State Operates With Virtually No Accountability

February 6, 2018 by · Leave a Comment 

Yesterday, the House Intelligence Committee released a declassified memo relating to surveillance of a Trump advisor prior to the 2016 election. The true significance of the memo has already been lost in the noisy debate over Russian ties to the Trump administration. More importantly, the memo reveals that the U.S. surveillance state operates with virtually no accountability or oversight, and serves as a political tool for those in power.

Source: Tenth Amendment Center | The Real News: FISA Memo Reveals Surveillance State Operates With Virtually No Accountability

Idaho Bill To Nullify Unconstitutional NDAA Indefinite Detention And All Other Federal Acts | Political Vel Craft

February 2, 2018 by · Leave a Comment 

Idaho (Feb. 1, 2018) – A bill introduced in the Idaho House would set the foundation to nullify indefinite detention under the National Defense Authorization Act of 2012 (NDAA) or any other federal act. The House of Delegates State Affairs Committee Committee introduced House Bill 473 (H473) on Jan. 31. Titled the Restoring Constitutional Governance Act of Idaho, the legislation would ban state, local and federal authorities from acting against any person in Idaho under the laws of war. This would include:

Source: Idaho Bill To Nullify Unconstitutional NDAA Indefinite Detention And All Other Federal Acts | Political Vel Craft

Tenth Amendment Center Blog | Bill Would Make Tennessee a Gun Rights “Sanctuary State”

January 16, 2018 by · Leave a Comment 

A bill introduced in the Tennessee House would prohibit state cooperation with enforcement of federal and international gun control, giving effect to legislation signed into law over the last two years. If passed, the law would help end any such gun control within the state in practice and effect.Rep. Terri Lynn Weaver (R-Lancaster) introduced House Bill 1407 (HB1407) last year and it carries over into the 2018 session.

Source: Tenth Amendment Center Blog | Bill Would Make Tennessee a Gun Rights “Sanctuary State”

Tenth Amendment Center | State of the Nullification Movement Report

January 2, 2018 by · Leave a Comment 

Today’s nullification movement is revolutionary because it offers the hope of smashing the established political order; an alternative to “voting the bums out” only to see them replaced by new “bums” who violate the Constitution in more costly and dangerous ways each year, or relying on the federal government to limit its own power.

The 2017 State of the Nullification Movement report chronicles the revolution and provides you with the information you need to join the fight.We like to think of it as a prospectus, of sorts – an “investor’s guide” to our work here the Tenth Amendment Center.

Source: Tenth Amendment Center | State of the Nullification Movement Report

Tenth Amendment Center Blog | South Carolina Bill Would Create Process to Review Constitutionality of Federal Acts

December 26, 2017 by · Leave a Comment 

A bill prefiled in the South Carolina House would create a joint legislative committee to evaluate the constitutionality of federal laws, setting the stage to take further action to nullify unconstitutional federal acts in effect.Rep. Gary Smith (R-Greenville) prefiled House Bill 4453 (H.4453) for introduction in the 2018 legislative session. The proposed law would create the Joint Committee on Federalism to evaluate whether or not a federal law is authorized by the Constitution, or if it violates “the principle of federalism.” The bill lays out several specific criteria that would constitute a violation of the principle of federalism.

Source: Tenth Amendment Center Blog | South Carolina Bill Would Create Process to Review Constitutionality of Federal Acts

Tenth Amendment Center | Reference Guide: The Constitution and War Powers

December 10, 2017 by · Leave a Comment 

With all the talk about the President’s speech on Afghanistan, it seems that most people are avoiding – or maybe just forgetting – the essential issue.  That is, the Constitution.In his latest article, Mike Maharrey makes the point that Congress has “completely abandoned its constitutional responsibility in matters of war and peace.” He’s right – and they’ve done this for decades.But this isn’t an issue the TAC just started covering this week.  We were founded in 2006, and have been publishing articles on the Constitution and war powers for a long time.  I thought you’d be interested in reading a few – I’ve highlighted some of the main ones below:

Source: Tenth Amendment Center | Reference Guide: The Constitution and War Powers


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