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 | 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 | 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


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