Who Made the Supreme Court King? | | Tenth Amendment Center

September 29, 2018 by · Leave a Comment 

For the last 100 years, most Americans have assumed the federal court system, and ultimately the Supreme Court, stands as the final arbiter in any constitutional controversy. But who made the federal courts king?

The Constitution certainly didn’t. Take a moment and go look for the clause in the Constitution that delegates to the Supreme Court the power to serve as the sole and final authority on what is or isn’t constitutional. You won’t find it, because it does not exist.  The Constitution tasks the Court with “judging cases.”

So, who placed the Supreme Court at the pinnacle of Constitutional interpretation?

Why, the Supreme Court itself did!

Source: Who Made the Supreme Court King? | | Tenth Amendment Center

Tenth Amendment Center | All Guns Should Be “Undetectable” to the Government

August 15, 2018 by · Leave a Comment 

The Second Amendment’s text isn’t hard to read, and it takes all sorts of legal somersaults to get around the “shall not be infringed” part. So, it is confusing and ironic when a national gun rights lobby like the National Rifle Association (NRA) comes out in favor of unconstitutional federal gun control — again.

This time, it concerns plastic guns created using 3D printers. These homemade firearms have the potential to completely undermine the whole concept of “gun control.” Naturally, there have been efforts to suppress access to the blueprints for these guns by making it illegal to upload them onto the internet.

In a carefully-worded statement, NRA Institute for Legislative Action Executive Director Chris W. Cox wrote that “regardless of what a person may be able to publish on the Internet, undetectable plastic guns have been illegal for 30 years. A federal law passed in 1988, crafted with the NRA’s support, makes it unlawful to manufacture, import, sell, ship, deliver, possess, transfer, or receive an undetectable firearm.”

Source: Tenth Amendment Center | All Guns Should Be “Undetectable” to the Government

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 | 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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