Tenth Amendment Center: Constitutional Conversation

NOTE: The above was recorded by Michael Boldin at the close of Tenther Radio Episode #31. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The United States federal government finds a seemingly endless array of ways to exercise authority it does not rightly possess. But perhaps the widest path to the destruction of state sovereignty winds its way through the Constitution’s commerce clause.

Since the infamous Wickard v. Fliburn case, the feds use the commerce clause to justify virtually unlimited intrusion into nearly every corner of American life. From regulating the nation’s entire health care system to waging a “war on drugs,” federal agents wield power over the states and the people via the commerce clause.

Rep. John Yarmuth reluctantly admitted the truth during a radio interview in August 2010. The show host asked the Kentucky Democrat: what can’t the federal government do if it can mandate Americans must purchase health insurance.

“It really doesn’t prohibit the government from doing virtually anything – the federal government. So I don’t know the answer to your question, because I am not sure there is anything under current interpretation of the commerce clause that the government couldn’t do,” Yarmuth replied.

Of course, the commerce clause was never intended to grant such sweeping power. It was meant to allow the feds to regulate trade across state lines with some ancillary power to regulate shipping and transportation. That’s it. It didn’t grant the federal government the power to regulate manufacturing or agriculture, and it certainly wasn’t meant to allow the feds to interfere with commerce engaged in strictly within a state’s own borders. James Madison alluded to the limits of the commerce regulating power.

“It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.”

Some states are beginning to fight back against federal intrusion into intrastate commerce. Legislatures in Iowa, Florida and New Hampshire will consider bills during the 2012 session that seek to reestablish the states’ control over commerce within their borders. And the Tenth Amendment Center expects a number of other states to follow suit this year.

House File 380 in Iowa reaffirms that the Constitution grants the federal government the power to regulate commerce among the several states, but the power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments. The bill goes on to declare:

All goods produced or manufactured, whether commercially or privately, within the boundaries of this state that are held, maintained, or retained within the boundaries of this state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce.

If the bill passes into law, any agent attempting to enforce federal law in violation of the act would be guilty of an aggravated misdemeanor and subject to appropriate penalties.

The Iowa bill, sponsored by Rep. Kim Pearson (R-Pleasant Hill), was initially filed in Feb. 2011 and will carry over into the 2012 session. Senate File 272, introduced at the same time by Sen. Kent Sorenson, serves as the companion bill.

A second Senate bill, Senate File 385, with 11 co-sponsors, proposes even stricter penalties. It would make it a class D felony to enforce any federal law interfering with intrastate commerce – that’s commerce within Iowa’s borders.

Rep. Matt Caldwell (R-Ft. Meyers) and Sen. Greg Evers (R-Crestview) sponsor the Florida version of the Intrastate Commerce Act. The bills’ language reads similar to Iowa’s, and the Florida act also makes it a felony for any agent to enforce federal law on intrastate commerce within Florida.

The New Hampshire General Court will consider HB1406. The bill, sponsored by Rep. Richard Ockerman (R-Rockingham) and Marc Tremblay (R – Berlin), declares, “all goods produced or manufactured, whether commercially or privately, within the boundaries of the state that are held, maintained, or retained within the boundaries of the state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce.”

The New Hampshire Intrastate Commerce Act does not stipulate penalties for agents attempting to enforce federal law on intrastate commerce.

But the New Hampshire General Court will take up stronger intrastate commerce legislation applying specifically to food grown in the state. HB1650-FN exempts any food grown or produced, and consumed in New Hampshire from federal regulation, providing that “any public servant of the state of New Hampshire as defined by RSA 640:2 that enforces or attempts to enforce a federal act, order, law, statute, rule, or regulation upon a foodstuff labeled ‘Made in New Hampshire,’ that is produced commercially or privately in New Hampshire, and that remains within the state of New Hampshire shall be guilty of a class B misdemeanor.”

Six legislators have signed on as sponsors of this bill.

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And Utah will also consider an agriculture-centric version of the Act – Senate Bill 34 “prohibits federal regulation of an agricultural product that remains in Utah after it is made, grown, or produced in Utah, and addresses the designation of a Utah agricultural product.”

Putting a stop the federal government’s abuse of the commerce clause would fundamentally change the way the feds do business. Intrastate commerce acts establish a beachhead. The states must stand up and say, “No! We will no longer sit back and allow you to push us around!” It is our hope the legislatures in Florida, New Hampshire and Iowa will get these bills passed, and that other states will follow suit.

If you want to help get these bills passed, or introduced in your state – go to https://www.tenthamendmentcenter.com/foursteps/ – for ideas on what you can do right now to help stand up for the constitution and your liberty.

For model Intrastate Commerce Act legislation that you can pass along to your state representatives for consideration, click HERE.

To track intrastate commerce legislation across the U.S., click HERE.

The post Not Everything is “Interstate Commerce” appeared first on Tenth Amendment Center.

From mandates to milk. From weed to war. And everything in between. Very little of what the federal government does is authorized by the Constitution.

While the Constitution is clear that the federal government is one of limited, delegated powers – in practice, without popular resistance, the federal government people do whatever they please. They tell us we have to buy a health insurance plan, what size toilet we can have, and what kind of light bulbs we can buy.  They read your emails, listen to your phone calls, monitor your bank accounts – and even claim the power to arrest and detain you indefinitely, without due process.

For far too long, the United States Federal Government has deployed troops to every corner of the world, waged offensive wars without a declaration by Congress, silenced and kidnapped its enemies, authorized the torture of prisoners, engaged in espionage, imposed crippling embargoes, pillaged our resources, taken our property, and destroyed our economy and our environment.

On top of it all, these government people tell us – the sovereign people – what IT has the legal authority to do, instead of the other way around.

And it hasn’t mattered what political party has been in power or what individual has occupied the White House.  Year in and year out – federal power always grows and your liberty is always worse off.

So for those of you who believe that the path to the Constitution and your liberty is not through the federal government – but instead through Jefferson, Madison…..and other state capitols around the country – here’s a few steps that you can take right now.

1.  Contact your state legislators right now.

With state legislative sessions getting underway all over the country, the time to put pressure on your state to nullify unconstitutional federal acts is now.  Not next year, and not sometime this summer.  Not next month or next week.  Today – not tomorrow – right now.

Think of one federal issue that’s extremely important to you.  Focus on just one right now.  Contact your state legislators and politely but firmly demand that they do what Thomas Jefferson and James Madison advised – stand up for the Constitution in your state today.  And it’s easy for them to do this – by introducing a bill rejecting a particular federal act

Let them know that they won’t be alone!  Over the past few years, legislators around the country have been introducing bills to reject federal acts on issues across the political spectrum.   Let them know that you’re watching what they do this year, and that while you recognize they have many legislative ideas on deck already, that you expect them to take action on at least one thing to push back against Washington DC.

Let them know that you can get them help with model legislation and even with talking points  Let them know that we have proof that when enough people and enough states stand up and say NO to Washington DC, there’s not much the feds can do to force their unconstitutional federal laws, regulations and mandates down our throats.

And when you get responses by phone, mail or email – make sure to let us know about it here at the Tenth Amendment Center – [email protected].

2.  Educate your friends and family

Share as much of this information as possible with friends, family, people you meet who express an interest in limiting federal power.  Some of the most important articles and pages to send to others include:

Thomas Jefferson’s Other Declaration – by Derek Sheriff

3. Disobey.  Seriously.

Whether it was the stamp act in the 1760s or the fugitive slave act in the 1850s, to nullify requires people defying government edicts. In the spirit of Thoreau, Martin Luther King, Rosa Parks, and Samuel Adams – when enough people say NO, change can and will happen.   So that’s why step # 3 is to Disobey….Seriously.

Now I’m not recommending that you go out and just start defying every law in existence.  With resistance comes risk – and it’s your choice as to just how much risk you’re willing to take.  And whether that risk is small or great, every bit is essential.

For decades, courageous pot smokers have been defying every law imaginable – on possession, cultivation, commerce and more.  They’ve defied Congress, the Executive Branch the DEA and even the Supreme Court.  And today, because so many people decided that they would make their own decisions about whether or not they could use a naturally-occurring plant – there are now 15 states that have backed them up by passing laws allowing such use.

I’ve asked this question in speeches around the country, and ask it again tonight – when the feds try to enforce a law restricting your right to keep and bear arms, or requiring you to purchase a particular health insurance plan – will you have as much courage as the pot smokers?

4.  Rinse and Repeat

Doing these three steps once and going back to Facebook to look at some food pictures isn’t going to get the job done.  With that, step #4 is simple – rinse and repeat.  Within reason, these steps should become part of your life.  Find time every week to do something – anything – that helps our growing movement succeed in nullifying every unconstitutional federal act.

5.  A bonus action item for you – Join the TAC Team

If you really want to get active, here’s a bonus action item for you.  Consider joining the Tenth Amendment Center team by applying for a role in our state and local coordinator program.   You can do that online at www.tenthamendmentcenter.com/local-coordinators/

SAM’S ADVICE

With an unconstitutional growth of federal power that’s happened for over a 100 years – and seriously accelerated in the last ten – sometimes it’s hard to focus on just what should be done.

Become a member and support the TAC!

These four steps are something that you can do in less than one hour each week.  And while that may not seem like a lot to you, you can always do more too.  But, a little something every week from thousands of people WILL make a difference.  Everyone in our growing Tenther community is extremely grateful for you doing your part for liberty.

In closing, there’s no better way to sum this up than with the words of Samuel Adams – “It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds”

NOTE: The preceding was recorded at the close of Tenther Radio Episode 30. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

The post What you can do right now for the Constitution and your Liberty appeared first on Tenth Amendment Center.

via DownsizeDC

How the New Indefinite Detention Provisions can be used on Americans

Congress just passed, and the President just signed, a bill that gives legal authority to the President to kidnap and perpetually imprison persons, including American citizens, without the benefit of due process.

Members of Congress, in the days leading up to the vote, tried to assure their constituents that they have nothing to fear — that the bill doesn’t apply to Americans.

Some were lying. Most were deceived.

Now, I don’t want to imply that Barack Obama plans to sweep up every one of his critics (or even a select few) because of statements they’ve uttered publicly. That is overstatement. The law doesn’t permit that. But consider the following scenario…

You object to the way the Federal Leviathan State is run. You gather, every other Tuesday, with others who share your values. We’ll call your fictional group the Constitution League (CL).

One night, a new fellow shows up. He’s frustrated and outspoken. He complains that the time for meetings is over. Something must be done — something that will “get their attention.” You’re uncomfortable with his remarks but unsure how to respond.

You hope he never returns, and he doesn’t.

What you don’t know, until months later, is that one of our CL colleagues, the chapter Vice President, followed the vocal man out to the parking lot. The two exchanged email addresses and phone numbers. Then, your local VP reached out to a third man, a member of a CL chapter in the nearest big city. The three met regularly. They plotted and executed their own terrorist plot on a U.S. Government facility.

Now, your group meeting was the place they met. The Vice President used his CL email account. CL is all over the news. CL is now, for all intents and purposes, a terrorist group.

And you? Well, you’ve donated to the terrorist organization. You’ve participated in its meetings. The night this angry man walked in, you didn’t call the authorities.

* Can the President have the military come and arrest you? Yes!

Even the bill co-sponsor, Senator McCain, appears to agree with this assessment. Senator Rand Paul asked John McCain, on the Senate floor, “…under the provisions, would it be possible that an American citizen could be declared an ‘enemy combatant’ and sent to Guantanamo Bay, and detained indefinitely?” McCain responded, “I think that as long as that individual, NO MATTER WHO THEY ARE, if they POSE A THREAT to the security of the United States of America, should not be allowed to continue the threat.” {Emphasis Added}

Wait a minute. Wasn’t there a provision in this bill that exempted Americans?

Despite what your Congressional office may have told you (if you called during the debate over this bill) the answer to that question is an emphatic NO!

The relevant sections of the bill are 1021 and 1022.

* Section 1021 asserts the President’s authority to arrest suspected (not convicted) terrorists and gives him the option to choose whether or not they even get a trial, and if so, what kind of trial.

* Section 1022 requires that a certain class of terrorist get no trial. Instead they must be held in military prisons, for as long as this President, or any future President desires.

SECTION 1021

Section 1021 is very expansive in its reach. It “includ[es] any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”

* Who is “any person?”

One could be safe in assuming these words mean whatever a creatively-minded prosecutor, a flexible judge, and an ignorant jury define them to mean — EXCEPT THAT, UNDER THIS ACT, ONE MIGHT NEVER GET AS FAR AS A COURT HEARING.

These terms will be defined by the bureaucrats in power.

They could be used against political opponents.

1021 has NO exceptions. There’s not even a hint of an exception. Remember, that section gave the President the authority to arrest you and a set of options on how you were to be handled. These choices are completely divorced from the 4th, 5th, 6th, and 8th Amendments, as well as the Treason provisions of Article III. The President’s new alternatives are…

1. Detention without trial by the military

SECTION 1022

1022 is a REQUIREMENT — a binding mandate upon the President. President Obama threatened to veto the bill, but only because he feared 1022 would restrict his power too much. https://gawker.com/5866210/jon-stewart-bashes-obama-for-backing-indefinite-detention-bill

This section is for your fellow CL members/plotters. Whereas, you got snatched up for “support” or “aid” to the plot, they actually carried out an attack, or as the section itself indicates…

“…participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.”

Section 1022 requires the President to go with option #1 above — the other three options are off the table. In other words, no trial, either in a civilian court or military tribunal.

In the final version of the bill, after a public storm started to erupt, the title of the section was changed to indicate that it only applied to “foreign al-Qaeda terrorists.” However, titles are not normally considered part of the law but merely summary descriptions to the reader of a bill.

But this title is especially IRONIC, because it’s this section that includes the so-called exemption for American citizens. Why would you need to exempt American citizens from a section of law that applies to “foreign al-Qaeda terrorists?”

The answer is because the section applies to any kind of “terrorist,” domestic or foreign, no matter what the title says.

And here’s the so-called exemption, with the key word highlighted…

The REQUIREMENT to detain a person in military custody under this section does not extend to citizens of the United States.

That means that military custody, without a trial, is mandated by law, but that the President, at his discretion or by written policy, may issue a waiver on the basis that a person is an American citizen.

If this provision was a true safeguard for American citizens, then the line would’ve been written like this…

Military custody of citizens of the United States is still prohibited under this act.

See the difference? It’s a requirement that can be waived at discretion, as opposed to a prohibition.

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Now, do you realize Congress has given the Federal State the power to use military detention on its own citizens? And that they’ve made it possible to wage a war on peaceful activists, if they can just incite someone in your group to attempt something violent?

Don’t worry. It’s not like the FBI is busy infiltrating meetings, entrapping some dullard into a plot, equipping and financing his efforts, and then claiming credit for stopping another terrorist attack! Oh wait, that’s happened about 40 times since 9/11.

Thus, to complete our story, the angry man who showed up at the CL meeting might’ve work for the FBI. And he duped two idiots in your group, who put you and your fellow members in legal jeopardy.

This new law is that serious. President Obama has claimed he won’t use this power. All that needs to happen now is a provocative incident. Then, all bets are off. Since these nearly unlimited, un-constitutional powers are now law, this President, or a future one, will be able to kidnap and disappear Americans. It could very easily be open season for the police state.

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Jim Babka is the President of Downsize DC Foundation and DownsizeDC.org, Inc.. DownsizeDC.org will soon launch a campaign to repeal these sections from the law.

Copyright © 2012 by Jim Babka. Permission to reprint in whole or in part is gladly granted, provided full credit to the author, DownsizeDC.org and TenthAmendmentCenter.com is given.

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With the Tenth Amendment Center team constantly focusing on what’s next, it’s easy to lose sight of how far we’ve come already. Looking in the rear view mirror, 2011 was big, but 2012 is looking to become a watershed year for us.

The past 5 ½ years have been a whirlwind of progress. But, we realize we wouldn’t be where we are today without the continued support of proud Tenthers like yourself. Special thanks goes out to you for contributing in your own way to this growing Tenther Revolution!

From mainstream media attacks and events around the country, to Obamacare and TSA nullification efforts growing in the states, we’ve helped educate and activate people nationwide not only on just what the Constitution authorizes the federal government to do, but what exactly you should do when those strict Constitutional rules are violated.

Our efforts have seen triumphs and setbacks – and at times they may have seemed trivial. But, each step of the way has been yet another step forward in our mission. That’s the Constitution. Every issue, every time. No exceptions and no excuses.

In what felt like a monumental task, I wanted to share with you an overview of the year 2011 for both the Tenth Amendment Center, and the national Tenther Movement. From events to milestones to media coverage and the like – keep reading to see our favorite memories and milestones…

Sheriff Mack in Phoenix

JANUARY: KICK OFF

We started the year working hard to get the word out to state legislators that it’s not just a good idea, but it’s their duty to stand up and say no to unconstitutional federal acts. As a result, states around the country were considering nullification as the rightful remedy to everything from federal gun regulations and Obamacare, to the EPA and an overbearing FDA.

(see our legislative tracking page here)

Sheriff Richard Mack joined Stewart Rhodes, Gary Johnson, Charles Goyette, Robert Scott Bell and others at the relaunch of the Nullify Now! tour in Phoenix. More than two-hundred joined us that day to learn how to stop DC at your state line.

FEBRUARY: FIRST IN THE NATION!

In February, the Idaho House became the first legislative body in the country to pass the TAC’s Health Care Nullification Act – a bill that rejected not just health insurance mandates, but the entire Patient Protection and Affordable Care act. Our model legislation states, in part:

Idaho Nullification Hearing

***the “Patient Protection and Affordable Care Act” interferes with the right of the People of the State of _____________ to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”***

While the bill didn’t end up passing into Idaho law, the massive amount of media attention paid to the issue gave legislators in other states the idea that they could – and should – use nullification too. A small setback was clearly leading to larger breakthroughs for the future.

MARCH: MORE EVENTS

In March, the Nullify Now! tour rambled on to Cincinnati and New Hampshire. Both were special events, but the Ohio one was quite unique. Held at the National Underground Railroad Freedom Center – in the Harriet Tubman Theater – Nullify Now! Cincinnati focused heavily on the story of Joshua Glover. Joshua escaped slavery to freedom in Wisconsin, only to be arrested a short while later. Federal agents held Joshua for a short time before the people there – in large numbers – decided that this man wasn’t supposed to be just sent back to slavery in the south. Instead, they broke him free. A later case had the Wisconsin Supreme Court calling upon the Principles of 98 to justify resistance to Federal Fugitive Slave laws in what was a widespread effort by Northern States to nullify slave laws.

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Two weeks later, we were on our way to New Hampshire. Actually, it was a little less than two weeks as we decided to use the federally-funded AmTrak as a protest against the TSA. 70+ hours on a train was fun, but not a convenient way to travel on a regular basis! It was good to connect with many long-time supporters in New Hampshire, visit the studios of Free Talk Live (which runs the LRN.FM network rebroadcasting Tenther Radio!), and spend some time with our good friends Mike Rogers and family. Mike – thanks for all your amazing support. You really went above and beyond the call of duty, and we were proud to make you our first Tenth Amendment Center lifetime member!

APRIL: UPPING THE ANTE

Two days before getting to Nullify Now! Austin, Rachel Maddow gave the TAC a nice, big gift. She spent nearly 15 minutes on MSNBC attacking our work specifically and the Nullification movement in general. In my response, posted here and on LewRockwell.com I pointed out that Maddow was obviously little more than a partisan hack, ignoring the left-wing Tenther Movement which is pushing back against with State Marijuana Laws and by nullifying George Bush’s Real ID Act.

Rachel Hearts the TAC?

Instead, Rach decided that anything opposing the liberal cause in DC by nullifying on a state level – well these were the only things worth noting and “reporting” on. Guess she wanted to alarm her uninformed audience that a bunch of right-wing nuts wanted to restore slavery…and legal weed. Well maybe not the latter!

Undeterred, people around the country were gravitating more and more towards these principles. And in North Dakota, just two weeks after Maddow’s hit piece, the Governor signed a version of the Health Care Nullification bill into law – the first state to do so.

The high point was when our national communications director, Mike Maharrey, found a report about the TSA practically molesting the former Miss USA, Susie Castillo. After dealing with the TSA, she recorded a powerful video where she explained her ordeal. Mike felt that this was a story that needed to be told. And while the video still had just a handful of views, he quickly put together both a featured article and a press release which went out from the TAC within hours.

Over the next few days, reporters and websites everywhere were talking about the lady who had been molested by the TSA – “legally” of course, according to the federal government. The anti-tsa movement kicked off by our friends at WeWontFly.com just months earlier had gone mainstream.

MAY: LEGENDARY

Boldin at the Presidential Debate Rally

At the beginning of May, I was invited to speak at the Presidential Debate Tea Party Rally in Greenville, South Carolina. Also on the speaking lineup were Ron Paul, Peter Schiff, Stewart Rhodes, Nikki Haley and many others. Scheduling for a long event is often difficult and I ended up – at the last minute – pulling the short straw…meaning, I had to speak right AFTER Ron Paul. Two days later at an educational event in SoCal, I had to speak right AFTER Tom Woods. Um – am I being punished for something?

That month, Trenton, Maine became the fourth town to declare food sovereignty – passing a local ordinance that nullified some federal laws and regulations on farming and commerce. Will more do so around the country. Later in the year, Highland City, Utah joined in, and we expect many others to do so in 2012 too.

May was capped off by the Nullify Now! tour coming to our hometown, Los Angeles. In a town where there are no active tea parties – this was our biggest one yet. Anthony Gregory, John Dennis, Stewart Rhodes, Scott Horton and others joined Tom Woods, who gave what many have been calling a speech for the ages.

JUNE: WE’RE FIVE!

In June, we hit a big milestone, our five year anniversary. Standing on principle has become easy for us since the organization was founded in 2006. In the past five years we’ve been regularly called communists by neo-cons and racists by neo-libs. Both sides seem to agree that strict adherence to the Constitution – as we relentlessly demand – is dangerous to their mission of centralized power.

Thank you for getting us to our first five years. We’re looking forward to many more with you in the future!

With funding gifts that you gave us for our anniversary, we were able to get a number of new things going – most prominently, Tenther Radio. Our first show featured Tom Woods and Heather Fazio – broadcast through BlogTalkRadio.

Tenther Radio is broadcast every Wednesday evening at 8pm Eastern and 5pm Pacific. Host Michael Boldin and rotating co-hosts talk with top experts, newsmakers, and tenther activists every week. Call the show with questions or comments at 213.785.7848 and stream the broadcast LIVE at radio.tenthamendmentcenter.com

JULY: EXPANDING OUR REACH

In July, I was invited to submit a guest column to Bob Livingston’s Personal Liberty Digest, which has a very large audience. I opened with a simple message:

“We don’t need no stinkin’ permission to exercise our rights. We need to exercise our rights whether the government wants us to or not.”

Since then, I’ve written a column at least once each month and hope to continue doing so in the future. This helps us reach more and more people to educate and activate them on the principles of the 10th Amendment.

AUGUST: NULLIFICATION IN MISSOURI!

Vicky and the NN-KC team!

August brought us the vote on Proposition C in Missouri – the Health Care Freedom Amendment. It passed by a huge margin – making part of the state Constitution that “No law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.”

Two weeks later, a we had a packed house for Nullify Now! Kansas City. How we could have put that amazing event together without the endless hours and dedication from our friend Vicky Colleti? Well, it would’ve been impossible.

A Rasmussen poll released in August revealed that 54 percent of likely U.S. voters believe that states should have the right to opt out of federal programs they don’t agree with. In other words, more than half of Americans now embrace the Constitutional concept of state sovereignty.

SEPTEMBER: MOVIN’ ON UP!

John and Michael: New Digs!

With three months of shows and a steady and increasing audience, we felt it was time to upgrade Tenther Radio. With funding from our 5 year anniversary, we were able to put together an entry-level professional-grade studio. John Michaels spent a few weeks in LA both on vacation and getting the new system set up. The first show on the upgrade – maybe a little much to take on with a new system – was a live post-GOP Debate special, with a co-host and two field correspondents reporting from events in Austin, TX and Los Angeles, CA. We think it went quite well!

The show now streams live through an application provided by Mixlr, and this gives us CD-quality sound in both the live and archived shows. Audience size has been growing more since then – so we’ll take that as a big thumbs up!

Previous public opinion polls and now the GOP debates were making clear that the general public felt that the 10th amendment was of the utmost importance to them. The number 1 viewer question at a September 22nd debate was this – “There’s growing concern among Americans about the size and scope of the federal government and its infringement upon state and individual rights. If you’re elected president, how do you plan to restore the 10th Amendment, hold the federal government only to those enumerated powers in the Constitution, and allow states to govern themselves.” (see it here)

OCTOBER: OVER THE TARGET

The much-lauded G. Edward Griffin gave the Tenth Amendment Center a resounding vote of approval when he informed his newsletter subscribers about a TAC article. He wrote: “When Winning Becomes Losing” is the title of this excellent analysis of why the left/right illusion has led the country into ruin and why winning elections is meaningless if our principles do not win. This will help you resist the argument that you should not vote for your candidate of choice because “he can’t win.” Thank you, sir!

Although they had issued a few “warnings” about the Tenth Amendment Center and our Nullify Now! tour previously, the Jacksonville event brought with it a full-on hit piece from the Southern Poverty Law Center. We invited them to come on Tenther Radio to discuss the “report” that they did without speaking to a single representative of the TAC at the event. They declined – to even respond, that is.

Instead of a direct conversation, Mike Maharrey went through their article and rebuked it – pretty much line by line. He wrote:

“A Twitter page profile describes (SPLC writer Ryan) Lenz as a “Writer and journalist.” Now if by “journalist,” we mean one capable of stringing words together in a reasonably coherent fashion, yeah, OK. But if it means journalist in the professional sense, as in one who seeks out the truth and attempts to report it in a fair and objective manner. Well, not so much.”

NOVEMBER: A GROWING MOVEMENT

November showed us the power of individuals and small groups to put a stop to unconstitutional federal acts. The “milk freedom riders” flouted current federal “laws” and regulations by purchasing and transporting raw milk across state lines. They proceeded to the steps of the building housing the FDA offices in Maryland and consumed the contraband, challenging the federal thugs “I drink raw milk. Arrest me!”

In New Mexico, the US Forest Service under the USDA was threatening to arrest county commissioners because they had flouted federal regulations unconstitutionally preventing them from making decisions about how to deal with an overgrown forest in their area. Otero County Sheriff Benny House reportedly advised the feds that if they made any arrests, he would then arrest the feds on kidnapping charges. The feds backed down.

Brad Rogers, Elkhart, IN county sheriff, sent a letter to the Department of Justice – warning them to stop bothering a local raw dairy producer. He wrote: “any further attempts to inspect this farm without a warrant signed by a local judge, based on probable cause, will result in Federal inspectors’ removal or arrest for trespassing by my officers or I.” The local sheriff won that battle – again.

The people of Ohio joined the nullification movement with a bang on the the eve of the 213th anniversary of the passage of Thomas Jefferson’s Kentucky Resolutions of 1798. Ohioans passed Issue Three, a constitutional amendment to preserve their right to choose their own health care and health care coverage. Preliminary returns indicated a wide margin of victory, with more than 60 percent approving the amendment. The amendment makes it illegal for any local, state or federal law to require Ohio residents to purchase health insurance, effectively nullifying a key component of the PPACA.

DECEMBER: RAMPING UP

Another note of praise from G. Edward Griffin. Mid-month, he had this to say in his newsletter: “Tenth Amendment Center founder Michael Boldin explains the origin and importance of the Bill of Rights. Very important history lesson. [Be sure to listen to the audio.]”

The biggest news? Thanks to your help, our friends at the Foundation for a Free Society were able to put together a 9th inning comeback – and get the Nullification Movie fully funded for final production and a premiere at CPAC! Now we’ll have a powerful new tool – a documentary film – to educate people on just what you can do to stop the Feds at your state line. Special thanks has to go out to TAC 5-year member Matthew Silber – who dedicated plenty of time with graphics for the DVD, for t-shirts, movie posters, ads, and more. If you’ll be going to DC in February, please join us for the first public viewing of the Nullification Documentary!

We think it’s fitting that to close out this 2011 Year in Review, it should be pointed out that we received yet another attack in the media – this time in the Huffington Post just before Christmas. What do they call you when you stand up for The Constitution – every issue, every time – no exceptions, no excuses?

The “radical Tenth Amendment Center.”

They called the Founders radical too – so we’ll just wear that label with pride.

**********

P.S. THANK YOU! AND PLANS FOR 2012

Those two words sum it up quite nicely – thank you. We wouldn’t be where we are today without your help. We couldn’t get the word out without you sharing our posts on Facebook, through Twitter, and the like. Without your subscription to our newsletter – and of course – without your financial help. We’ve got just a short way to go to get the first 6 months of 2012 funded – and your help will keep us moving forward in this long struggle for the Constitution and liberty.

Some things we’d like to do in 2012? First of all – continue our upward path – reaching, teaching and educating more and more people. We’ll be doing events at CPAC, plus Nullify Now! in Philadelphia. We’ll continue bringing in more high-quality experts and guests to Tenther Radio. We’ll continue our outreach to state legislators around the country. We expect to see as many as 10-15 states – not just Texas all alone – standing up and saying NO to TSA searches that violate the 4th Amendment. We’d also like to build and expand a dedicated Tenther News website, host a weekly 30 minute news radio show to counter the mainstream bias, and expand our efforts on YouTube with weekly “Constitution Quick Tips” videos – These will be professionally-produced video segments that highlight – and correct – common misconceptions about the constitution today. These are short videos of 5 minutes and under – to keep them interesting and educational for young people and the general public. We’d like to get nullification efforts off the ground in response to both the Patriot Act and the NDAA, plus continue our work to push for food freedom in cities, towns and states too. Expect Utah to be a leader in the food freedom movement for 2012!

Each step we take is another step forward. But we cannot succeed with out your help, and the funding to mount principled and effective campaigns against unconstitutional “laws,” regulations and mandates. We do not (and will not) accept government grants or contracts, nor do we have an endowment or any corporate backing.

If you believe in our mission and want us to continue with more success in 2012, please consider a year-end gift to the Tenth Amendment Center (HERE) or join us as a member (HERE). Whether it’s $5 or $500, your help goes a long way, and we’ll continue doing what we do – standing up for The Constitution. Every issue, every time. No exceptions, no excuses.

There’s a lot that has happened so far, and there’s much more to come. As Judge Andrew Napolitano famously put it in a 2009 state sovereignty rally speech – “In the long history of the world, very few generations have been granted the role of defending freedom in its maximum hour of danger. This is that moment and you are that generation!”

From everyone at the Tenth Amendment Center, we wish you and yours a a very happy, healthy and prosperous new year. We are honored to play a role in this great movement for the Constitution and liberty, and truly look forward to being a part of that with you for years to come.

The post 2011 Year in Review appeared first on Tenth Amendment Center.

Please Help us Today!

by Michael Boldin

NOTE: Recorded at the close of Tenther Radio Episode 26, the following is a special Bill of Rights Day message from Michael Boldin. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

I want to wish you a very Merry Christmas – a Merry Christmas from myself, and everyone who works to make the wheels turn behind the scenes here at the Tenth Amendment Center.

Being able to do the work that I do – something that I love and have passion for – is a gift like none other.  Even with all the hard work, the long hours, the attacks from both left and right – I consider this the greatest gift in the world.  I’m truly lucky to have the Tenth Amendment Center as my life’s work.  Without all of you who listen, who read and who support our work in so many different ways, this conversation would not be happening right now.

Thank you for this gift you’ve given to me personally and all of us at the Tenth Amendment Center.

GIFTS AIN’T EASY

I’ve always had trouble with the standard American holiday-season gifts – felt kind of uncomfortable with them – ever since I was a little kid.  Maybe it’s because I have spatial issues – and can’t wrap a present worth a damn.  Maybe it’s because I was taught at an early age that life wasn’t about accumulating “stuff” – it was about being a good person and finding real happiness in what’s already around us.

Or maybe I just learned something practical from our family getting what was known as “government cheese” when I was young.  What might that be?  Well, in the case of government providing a food product – sometimes gifts just suck.

I’m just not good at gifts, and I’m really not good at asking for them either.  But here I am, leading a 5 ½ year old organization that’s helping change the national political discussion.  Because of this, I really need to learn how to do this, and do it now.

So here goes – and please bear with me as I give this my best shot.

As we approach Christmas – and the end of 2011 too – can you please help us continue our work at the Tenth Amendment Center with your most generous gift possible?  We really, really need your help right now!

[You can help us out with a gift at https://tenthamendmentcenter.com/help/]

PROJECTS HAPPENING, AND PLANNED

I’m not talking about some massive money-bomb kind of funding, we only need a total of $10,000 to ensure that our base operating costs are covered for the first half of 2012.

We’ve got the Tenther Radio show to produce and grow, more Nullify Now! events to schedule, a large monthly web hosting bill, and more.

John Michaels, who has been doing production for Tenther Radio for six months now, has been working 10-15 hours every week for just $200 a month.  That works out to somewhere around 5 bucks an hour.  Bryce Shonka, our deputy director, has been working at a rate of just 10 dollars an hour for almost three years now.

These men are just two of the many examples that I can share about people who have dedicated their time, their energy, and their passion to help this Tenther Movement reach the mainstream – which has been happening for some time now.  And this doesn’t even take into account the many people who work without pay entirely – the volunteers who help us spread the word, the members of our TAC team who contribute their time and energy without a promise of financial return, and even send us yearly pledges of up to $72 each for the opportunity to hold the TAC mantle in their state.

Bottom line?  We all pitch in as much as we can – our energy, our sweat, and our hard-earned dollars – at every opportunity possible.  But, we can’t expect every person to do this forever, and we need to be able to pay some of our basic expenses to continue our work for the Constitution and your liberty.

YOU. THE FUEL THAT DRIVES THIS THING

The only way to do this is with your help.  So, in this season of love, remembrance and giving, please keep the Tenth Amendment Center in your mind, your heart, and yes – I don’t how else to say it other than by being direct – your wallet too.

We just need a minimum of $10,000 to cover our basics – to continue our mission for The Constitution. Every issue, every time. No exceptions and no excuses.

But, we cannot succeed with out your help, and the funding to mount principled and effective campaigns against unconstitutional “laws,” regulations and mandates. We do not (and will not) accept government grants or contracts, nor do we have an endowment or any corporate backing.

Beyond our base expenses, there are so many other projects that are ready to be launched or expanded.  And with just a little more help from you, we could get moving on them right now.

Ten thousand is the minimum that we need to continue what we’re doing right now, and twenty will help us launch a whole BATCH of new projects.  We know you can help us reach these moderate goals too.  When we contacted you recently to help our friends at the Foundation for a Free Society finish up the Nullification Documentary project, you came through in a big way.  The goals were hit and beyond.  The final production of the film is being done right now, and we just got confirmation that we’ll be at CPAC in February to premiere the film to a large, mainstream audience.

About 200 people came together to help make that happen, and now we’ll have a powerful tool – a documentary film – to educate people on just what you can do to stop the Feds at your state line.  Some people gave as little as 5 or 10 dollars and others gave thousands.  People like Mike Rogers, Gary Fairman, Thomas Moore and Brent and Connie Backus, all came together to give as much as they could – and a quick thank you right now is most certainly not enough to express our gratitude. But, thank you – each and every one of you.  So whether you can give $5 or $5000 to help the Tenth Amendment Center continue our work in 2012 – please help us today. (HERE – https://www.tenthamendmentcenter.com/help/)

Become a member and support the TAC!

A BRIGHTER FUTURE

We believe in our work here at the Tenth Amendment Center.  We believe that while the path to the Constitution and your liberty might be a long, winding road – the cause is right and just. As more and more people come to believe in these great principles – eventually we’ll have a slew of amazing new gifts in this country.  Freedom, for example, would be a great new beginning for all of us.

Your gift to the Tenth Amendment Center right now will help us continue to play our part in the growth of this great movement…for liberty.

Thanks for reading. Here’s to wishing you a very Merry Christmas!

The post Merry Christmas! appeared first on Tenth Amendment Center.

by Michael Boldin

NOTE: Recorded at the close of Tenther Radio Episode 26, the following is a special Bill of Rights Day message from Michael Boldin. The show airs live online every Wednesday at 5pm Pacific Time here. Find us on iTunes at this link.

Today is an important day in American history.  On December 15, 1791, the first ten amendments to the United States Constitution – known as the Bill of Rights – came into effect through the process of ratification by the States.

Most people have their own view of what the purpose and effect of the Bill of Rights was supposed to be.  Some think it authorizes DC to enforce a nationwide free speech zone. Others think it requires the Feds to protect the right to keep and bear arms in every nook and cranny in the country.  And others think that there must be a nationwide separation of church and state in every state, county, city and town.

To those of you who believe that federally-run education in this country has destroyed public knowledge of the Founders’ Constitution, my next comment is no shocker – all of these people are wrong.  According to the founders, that is.

THE BASICS

First, we have to understand why we even have a Constitution – and thus – a Bill of Rights.

The entire founding generation toiled under the tyranny of the King of England, a king that had no virtually no limits on his power.  He could make rules as he went, change them on a whim, and change them back. He could seize your property, your labor or your life – and you could do almost nothing about it.

Because of this, the Constitution was written to spell out the limited powers delegated to the federal government. And it was clearly understood that this government had no powers that weren’t delegated to it in the Constitution.

The original Constitution contained no Bill of Rights.  Many of the Framers felt it wasn’t necessary since the Constitution clearly enumerated the few powers delegated to the federal government.  They thought any further restrictions would be redundant.

However, some of them thought there could be misunderstandings. So a Bill of Rights was proposed – and some states ratified the Constitution only on condition that those amendments would be added, which happened a few years later.

A PREAMBLE?

Adding a preamble to a legal document was common practice at the time.  It could indentify the parties, list important facts, and explain the purpose of the document.

Many people are unaware that, like the main body of the Constitution, the Bill of Rights had a preamble too – explaining its purpose.

So what was this purpose?  No better way to answer that question than in the words of the founders themselves – the preamble to the Bill of Rights:

The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added…

Rob Natelson, in his book The Original Constitution explains what this means:

“Thus, some of the proposed amendments were “declaratory…clauses” (that is, rules of construction) designed to “prevent misconstruction” of the Constitution by explaining how the instrument should be interpreted.  The rest were “restrictive clauses” to prevent “abuse” of federal powers by creating external limitations curtailing those powers.” [emphasis added]

The important message here is that the Bill of Rights doesn’t apply to you, it doesn’t apply to me, it doesn’t apply to any person at all. It applies to the federal government.

NOT THE STATES? NO WAY!

Maybe it’s because most people weren’t taught that a Preamble to the Bill of Rights even existed, or maybe because they confuse the word “constitutional” with the word “good” – but it’s quite rare to find someone who doesn’t disagree with the preamble to the Bill of Rights.

Many opponents claim things like…

“The 1st Amendment is the only one that mentions just Congress, so the rest apply to everyone and not just congress.”

“The states agreed to the Bill of Rights, and combined with the Supremacy clause, that means the states can’t violate those parts of the constitution.”

While there are others, these are some of the most prominent reasons people give for – essentially – disagreeing with the Founders themselves on the Bill of Rights.

Each could use a full discussion on their own, but the important points are:

1.  The First Amendment – this was the only Amendment which specifically prohibited the making of a law.  When the Founders wrote the word “law” in the First Amendment, they meant it. And Congress was the only branch of government that was supposed to make law.  So today, while we have an executive branch that makes law through executive order, and a judicial branch that legislates from the bench; at the time of the founding it would have been absurd to include either of those branches in an Amendment preventing the making of law.  And that’s a big part of why the 1st starts with the words “Congress shall make no law…”

2.  Claiming that because the states ratified the Bill of Rights that it somehow meant each amendment applied to the states too is just bad logic.  Think of it like this – You and twelve business partners own an apartment complex.  You hire a person to manage the property, and give him some rules about how you want your property run.  He follows your rules pretty closely at first, but eventually he starts showing up at the homes of all thirteen of you.  He starts demanding that each of you follow the rules for the apartment building that you gave him – in your own homes!

Absurd?  Absolutely. Rules created by employers for their employee don’t necessarily apply to the employers too – unless specifically agreed upon in advance.  In the case of the Bill of Rights, in the Preamble the employers told the employee (the federal government, that is) that it would have new rules, not them.

And if that logic-defeating logic weren’t enough, James Madison hammered it home in his famous speech introducing the Bill of Rights.  In it Madison proposed that the Bill of Rights have three distinct restrictions on the states.

He said: “No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.”

What happened?  Congress considered Madison’s proposal to have some of these new restrictions apply to the states.  They rejected it.

FEDERAL RESTRICTIONS

The end result?  The body of the Constitution primarily tells the federal government what it is allowed to do. The Bill of Rights tells the federal government what it is not allowed to do, such as the following non-exhaustive examples…

1. Make no law abridging freedom of speech, press, religion, or assembly.

THE LESSON

What’s the big message behind all this?

Centralization of power is always bad, even when it appears to have a good short term result.  For every time you approve of the federal government taking on a new power for things YOU approve of, you’ve just authorized your opponents to do the same for things you oppose.

That’s why every person who advocates using the federal government to make abortion illegal nationwide has just authorized the other side to make abortion legal nationwide when THEY are in power.  Get that, Rick Santorum?

And, every person who advocates forcing every state to allow marijuana to be legal has just authorized their opposition to ban it in the entire country when THEY are in power.

The same principle can be applied to just about every issue we face

Become a member and support the TAC!

DECENTRALIZATION FTW!

The system we have today puts almost all decisions about the fate of your liberty into the hands of nine unelected, unaccountable, politically-connected lawyers.  Not a good place for any society to be.

How do we fix this mess?  The first step is to stop going to the federal government to fix problems that are actually caused by the federal government itself (most are!). Doing so is not just an absurd idea, it has led us to the place we are in today.

Moving forward to the principles behind the Bill of Rights – decentralization of power – will bring you a huge step closer to liberty.  It’s an idea whose time has come.

The post Bill of Rights. FTW! appeared first on Tenth Amendment Center.

by Michael Boldin

“The liberties of the freest people are in danger when they set up symbols of liberty as fetishes, worshipping the symbol instead of the principle it represents.”

NOTE: Recorded at the close of Tenther Radio Episode 25, the following is a special message from Michael Boldin about principles of the founders – timeless principles for liberty.

The Constitution was written and ratified by people who shared certain core principles and values. No, they didn’t agree on everything, of course, but there were some basics that undoubtedly found strong consensus.

As we read in Rob Natelson’s book, The Original Constitution, “those who thought the Constitution would further those values and principles tended to be Federalists. Those who thought the Constitution subversive of those values and principles tended to be Anti-Federalists. But all agreed that the nation’s basic law should be structured to further those values and principles.”

You won’t find, for example, too many of the founders advocating for gun control. I know of none. This tends to be quite confusing to many people today when considering the fact that these same founders wrote the 2nd Amendment, and the entire Bill of Rights for that matter, to apply to the federal government only, and not the states.

So while they created a system where state governments could have significantly restricted the right to keep and bear arms, they didn’t advocate for such actions. The short version, the reason why? Like most things, the founders felt that the best way to promote liberty was through decentralization of power, as the 10th Amendment enshrines in the Constitution.

But my goal here isn’t to talk about the 2nd Amendment, it’s to talk about foreign policy. And, as discussed here for two weeks in a row, the founders had a pretty strong consensus on foreign policy. George Washington and Thomas Jefferson both strongly advocated a foreign policy of peace, trade – and one without “entangling alliances.”

James Madison considered war to be the greatest threat to liberty. And James Wilson told us this about the Constitution, “This system will not hurry us into war; it is calculated to guard against it.”

Why? Because a clear core principle of the founding generation was liberty, and because war, as Madison told us, was considered liberty’s greatest enemy, they set up a system to promote peace and avoid war.

The founding generation, starting years before the ratification of the Constitution, wanted to do everything possible to avoid war – and to wage it only as a matter of self-defense.

The colonial militia at Concord held their fire even after the British had fired upon them, killing two Americans. It was only when one of their commanding officers yelled “Fire, for God’s sake, fellow soldiers, fire!” that they actually fired upon the British. Three months later they still sent what was known as the Olive Branch Petition to King George in an attempt to avoid all-out war.**

When Thomas Paine began a series of pamphlets in the Winter of 1776 with the words, “These are the times that try men’s souls….” – he continued on to sum up this view quite well:

“Not all the treasures of the world, so far as I believe, could have induced me to support an offensive war, for I think it murder; but if a thief breaks into my house, burns and destroys my property, and kills or threatens to kill me, or those that are in it…am I to suffer it?”

These weren’t however, just principles and values for the times. The founders crafted a Constitution – deliberately – to promote these core values and principles – for the ages. “We are not forming plans for a Day, Month, Year or Age, but for Eternity,” wrote John Dickinson, the penman of the revolution.

So while the founders created a system of government where a state, like Massachusetts for example, could set up a system of health insurance mandates on the people there, one would be pretty hard pressed to find anything from the founders advocating such a thing. They also set up a Constitution with an amendment process – but does that mean that the founders advocated for a repeal of the 2nd Amendment? Of course not.

And when it comes to foreign policy, their core principles also hold true over time. When the Founders advised peace and avoidance of entangling alliances, they meant it. Of course, on this and just about everything else, those of us who believe in following the path of the founders regularly hear the offensive cliché that, “times have changed.”

A recent commenter on the Tenth Amendment Center website best summed up this view when he wrote – “We must not … faithfully attempt to hitch our wagons to an anachronistic 18th century foreign policy approach in the 21st century.”

The obvious question, then, is this – if the foreign policy of the Founding Fathers is “anachronistic” then what other principles of theirs should we discard for being out of touch with our modern times – freedom of speech, warrants, the 2nd Amendment?

It’s hypocritical to dismiss certain founding principles simply because a convenient rationale is needed to justify certain policies today. And as soon as you decide that a core principle of the founders is old, anachronistic, or should be avoided in regards to policy decisions you personally favor, you’ve just encouraged your opponents to do the same for policies they favor – and you oppose.

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The principles enshrined in the Constitution do not change. If anything, today’s more complex world cries out for the moral clarity provided by holding true to these principles from the Founding Fathers.

When the Founders advocated peace as an American foreign policy, they didn’t do so for their own particular time, for their own personal advantage, or even for just strategic reasons. They did so as a core principle – for the ages.

The post Politicians Blow with the Wind. Principles are Timeless appeared first on Tenth Amendment Center.

by Michael Boldin

NOTE: Recorded at the close of Tenther Radio Episode 24, the following is a special message from Michael Boldin about next week’s show on Pearl Harbor Day, covering war powers and the Constitution..

I want to close the show tonight by – well – inviting you to tune in to next week’s show, at 5pm Pacific time on Wednesday December 7, 2011.

This is not your normal “tune in next week…” message. December 7 being the anniversary of the Pearl Harbor tragedy in 1941, we’re going to spend most of our time on something that’s not discussed enough in constitutional circles – war powers and the constitution.

We’ll be joined for nearly 40 minutes by someone who is probably the nation’s leading expert on war powers, Dr. Louis Fisher – who spent four decades working at the Library of Congress as Senior Specialist in Separation of Powers, and is currently Scholar in Residence at the Constitution Project.

Dr. Fisher has been invited to testify before Congress about 50 times on such issues as war powers, state secrets privilege, NSA surveillance, CIA whistleblowing, covert spending, presidential impoundment powers, and plenty more. When it comes to an understanding from the perspective of the founders – he’s got few equals.

This week, Tenth Amendment Center national communications director, Mike Maharrey, started this conversation with an extremely important article entitled “I love George Washington. Except for his Foreign Policy.” In it, he points out what I consider to be a troubling, and very glaring inconsistency in the views of many self-professed supporters of the Founders’ Constitution today – their views on the constitution and foreign policy.

Mike tells a personal story of his own views on foreign policy. He writes:

“Over the last year or so, I’ve been struggling to redefine my views on foreign policy. As a former neo-conservative, I enthusiastically embraced the invasion of Iraq in 2003. I readily accepted the notion that military force serves as a legitimate tool for nation-building.”

He continues…

But it doesn’t take a doctorate in foreign relations to understand that U.S. policy has forged a tangled mess of contradictory alliances and obligations, and created a much more dangerous world. I’ve gradually come to accept that military intervention in foreign affairs typically causes more damage than good and that the whole concept rests on morally dubious grounds. Who am I to point a gun at another man’s head and demand he practice “democracy”?

Mike goes on to explain how he used to, like many others still do today, consider such foreign policy views, which are most commonly put forth by Ron Paul, to be quackery. But, in his study of the founding generation, he recognized that such views line up pretty closely with the stated positions of a president that’s actually revered by most Americans – George Washington.

Here’s a little of what Washington had to say about foreign policy in his 1796 farewell speech:

“The great rule of conduct for us in regard to foreign nations is in extending our commercial relations, to have with them as little political connection as possible.”

He continued…

“It is our true policy to steer clear of permanent alliances with any portion of the foreign world…”

Now, Washington, like all other humans, certainly had his flaws, and had flaws as a president too. But, how often do you hear people admonishing Washington’s foreign policy views? I never do.

So, while we hear many people today – especially conservatives – say that they really like the constitutional viewpoints of a person like Ron Paul, they’ll commonly turn around and say, well, “except for his foreign policy.” But the fact of the matter is this – virtually all of the founders held this kind of foreign policy viewpoint, and because of that alone, it should never be called quackery…unless you consider the founding fathers a bunch of quacks.

Thomas Jefferson summed it up perfectly in his 1801 inaugural address: “Peace, commerce, and honest friendship with all nations — entangling alliances with none.”

James Madison, father of the constitution, put is this way – “Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.”

Jefferson, Madison, Washington – they strongly opposed foreign policy interventionism. They all opposed wars that did anything but repel invasions here in America, and they also advised against the kind of favored-nation status that is used so often in American foreign policy today.. That should be convincing enough, but they were far from alone, and this was the highly prevalent view of foreign policy from the founding fathers.

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Do conservatives today – who often say that they want to return to the constitution, to the vision of the founders…do they really mean it? Or, do they actually mean – “We need to get back to what the founders set up – domestically only.” Well maybe it’s just that the government-run school system in this country has done its job – hiding the true history and principles that made up the American Revolution. That makes sense to me, because I can’t think of any other reason why people who profess to revere the founders so much would find their foreign policy views to be…well, so foreign.

So please tune in next week – as we’ll dig far deeper into not only these personal policy views of the founders, but just how they intended our constitutional framework to be set up in regards to war and foreign policy. The future of liberty in this country just may depend on us learning about it.

The post Peace and no Entangling Alliances: Did this View Make the Founders a Bunch of Quacks? appeared first on Tenth Amendment Center.

by Michael Boldin

NOTE: Recorded at the close of Tenther Radio Episode 23, the following is a special Thanksgiving message – and a big thank you – from Michael Boldin and the TAC.

Sometimes the life of an activist, as I’ve chosen for a long time now, can be the most exciting and exhilarating way to live….and, in all honesty at other times it can be trying and extremely difficult.

Holidays are never easy, as the salary of an activist for the constitution and liberty is rarely enough to be able to afford even a flight home to visit family. I’d like to think that $5-600 is something that I could save up for and spend without worry, and I try every year. But, every year things come up that seem to prevent it. Website security upgrades, covering staff expenses, organizing events, and more. Taking care of this family business is essential, and probably why the movie “It’s a Wonderful Life” still makes me cry every time I see it.

So, this week, while I will certainly miss Sarah, the love of my life, who’s visiting her family in St. Louis, and I will miss my own family which I’m unable to visit in Milwaukee, I know I have much to be thankful for.

I’m thankful for Sarah…and the life we’ve lived already and will live together in the future.

I’m thankful for my family…for bringing me into this world and helping mold me into the person I am today.

I’m thankful for the strength to do what I do, every day…for the motivation to work the seemingly endless hours, and for the love of liberty which makes it all worthwhile.

I’m thankful to each and everyone of you who listen to this show. Without you, we wouldn’t be doing this right now.

I’m thankful for all of you who share this show and the Tenth Amendment Center in general. And those of you who decide to donate to help fund our mission. Whether the amount you give is $5 or $500, every penny helps us in our relentless drive to become a force, and every one of our successes has happened because of you. (help us out here)

Thank you, Lesley Swann, for spending this time with us tonight. John Michaels for another great job producing the show. Bryce Shonka for all the work you do in the trenches every week. Jason Rink, and Nick Hankoff…Without all of you coming together week in and week out, we wouldn’t be able to do what I think is a consistently better and better job at this all the time.

Thank you to each and every one of you who volunteers and participates with us at the TAC….coordinators, team members, state chapters, bloggers, every one of you is essential to our future. (volunteer here)

I’m thankful for the fact that our message is gaining serious traction in the national discussion, and it bridges the political divide, too. On the right, conservative voters recently picked the 10th amendment as the most important question to pose to republican presidential candidates. And as we heard earlier tonight, groups from the left are increasingly citing the 10th in defense of their choices too. With your help, we’ve been educating people for over five years that the constitution isn’t about political parties or political ideologies…and it’s catching on!

I’m thankful for skype! I wish they’d sponsor the show financially, but I’m happy they exist. Not only do they give us an inexpensive way to connect our hosts and guests, they also give me an opportunity to have some face time with my family during holidays when I can’t visit in person. Video calls save the day!

I’m thankful for all the great friends I’ve made around the country on this wonderful journey. Tom and Heather Woods and the whole family, Anthony Gregory, Jim Babka, John Bush and Cat Bleish, Jason Rink you get a 2nd mention, Matt Shea, Jordan Page, Danny Panzella, The McKees, Eddie Allen, Doug Tjaden, Mark Kreslins, Mike Maharrey, Robert Scott Bell, Mike Rogers….and so many more of you that I could never be able to list everyone. Thank you for your friendship, your support, your criticism, your advice…I’m eternally grateful to have you in my life.

I’m thankful for each and every member of the Tenth Amendment Center. You are extremely important to us! (membership info here)

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Proudly supporting our mission – The Constitution. Every issue, every time. No exceptions, no excuses – is one of the best things you can do to help us expand our work. You help us reach – and teach – more people that the federal government is authorized to exercise only those powers delegated to it in the constitution…and nothing more.

I’m thankful for my friends Angelus, Nickole, and Brian here in Los Angeles. No matter how much or how little I see you over the year, you always welcome me with open arms on thanksgiving, making it all feel like home.

I have far too many things and far too many people people to be thankful for, and I can’t express my gratitude enough

Together, we are making a difference in this world. I want to close by thanking you all for this great opportunity to share it with you.

The post Happy Thanksgiving from the Tenth Amendment Center! appeared first on Tenth Amendment Center.

by Michael Boldin

EDITOR’S NOTE: The following is Michael Boldin’s “Tenther Rant” at the end of Episode 22 of TRX: Tenther Radio, which airs live online every Wednesday at 5pm Pacific Time here.

The White House is excited to hear that Obamacare – the Patient Protection and Affordable Care Act – is going to be heard by the Supreme Court.  In a statement, a spokesman said – “We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree.” The sad fact of the matter is this – any president could sign virtually any law and make pretty much the same statement because the Supreme Court almost never strikes down anything as unconstitutional. And, I might be making an understatement, because from 1937 to 1995, the Supremes didn’t strike down a single federal law as unconstitutional.  Not one in nearly sixty years.

There have been a few since then, but they’re very few and quite far between.

Bottom line? When it comes to limiting federal power, the Supreme Court is NOT to be trusted.  Not only have they utterly failed to uphold the constitution, it’s not really in their interest either.

Thomas Jefferson and James Madison both warned us that if the federal government – which includes the federal courts – ever became the sole and exclusive arbiter of the extent of their own powers, those powers would always grow, regardless of protests, elections, and even lawsuits.

So while I’m happy to hear that the Supreme Court is now going to hear the health care case – primarily because we’ll finally see this courtroom drama over with – I have absolutely no expectations that the unelected, unaccountable, politically-connected lawyers that make up the court will side with the Constitution over federal power.

I don’t buy lottery tickets either – because I know I’m not going to win and buying them just supports a monopoly on power that shouldn’t exist.  But, that’ another discussion altogether!

THE PRINCIPLE

Last week, we celebrated the anniversary of the adoption of the Kentucky Resolutions of 1798.  In these resolutions, Thomas Jefferson laid the groundwork for the principle nullification, which we define as any act or set of acts which ends up rendering a particular federal law null and void, or unenforceable within that state.

The short of the Jeffersonian view is this – the federal government cannot be trusted to limit its own power, so the people and the states, having created that federal government in the first place, not only have an interest and a role in limiting federal power, but it’s their duty.

James Madison and even Daniel Webster were on board with the idea of nullification too – or as they called it, interposition.  Madison told us in the Virginia Resolutions of 1798 that in the case of a dangerous exercise of unconstitutional powers, “the states are duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”

And Webster, often cast as a great opponent to nullification, said this in his famous speech opposing military conscription:

“The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”

Jefferson, Madison, Webster – and many others. I’m sold on the idea.  Hope you are too.  And better yet, these actions work. Twenty-five states refused to comply with the Real ID Act of 2005, and while it sits on the books as “law” in Congress and has never been challenged in court, it remains null and void in most of the country. Fifteen states have rejected the notion that the federal government can ban a plant grown and sold within their own state – and while the feds still try to assert their supremacy from time to time, the long-term result is that they’re losing big time.

THE NEXT STEP

Last year, in preparation for the Supreme Court eventually holding up Obamacare as “constitutional,” the Tenth Amendment Center drafted state-level legislation to reject the notion of not just health insurance mandates from the federal government, but the very core idea that the federal government is authorized to be in the health care industry at all.

The TAC’s Federal Health Care Nullification Act declares that, “the federal law known as the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid, shall not be recognized, is specifically rejected, and shall be considered null and void and of no effect.”

As both Madison and Webster told us, when the feds exercise unconstitutional and dangerous powers, it’s the state’s duty to step in and stop it. And, our Nullification Act has language to do just that:

“Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.”

South Dakota already passed a version of this bill in the 2011 legislative session, but as can be evidenced by what happened down in Arizona recently, when a state stands alone, the federal government can throw its weight around and make states back off.  On the other hand, when Maine, New Hampshire, Utah and other states started passing resolutions and laws to ban participation in the Real ID act, it was the strength of multiple states acting in unison that resulted in the federal government backing off – like the house of cards that it is.

ACT NOW

Getting new ideas, new bills and new action items to move forward takes time, effort and due diligence. State-level responses to Real ID didn’t even start until two years after the law was passed. But, in response to the passing of Obamacare, eleven states already stepped up to consider a nullification of the act within the first year.  Your action is needed right now to make it all effective.

Sitting around and waiting, hoping, or begging the federal courts to limit federal power – is not the game plan of a patriot. Taking action to stand up and say no right now certainly is.  So today, I strongly urge you to personally email AND call your state senators and representatives and demand that they introduce the federal health care nullification act in your state.  Even if you think it can never happen or succeed in your area, we know from history and modern times that small steps towards liberty can lead to great things.

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The time to act is now.  Not after the elections and not after the Supreme Court rules. Not next year and not after the holiday. Not next month or next week. Today, not tomorrow. Now.

For when enough good people rise up and say no to tyranny – and enough states introduce and pass laws backing them up – there’s not much that the feds can do to force their unconstitutional acts, regulations…and mandates down our throats.

And one day, when we start taking this same set of actions for not just Obamacare, but every single unconstitutional act from Washington DC, one day – instead of saying NO to tyranny, we can start saying YES to liberty.

UPDATE 11-17-11: It was North Dakota, not South Dakota, that passed a version of the Health Care Nullification Act earlier this year. Track the legislation online at this link

The post On Obamacare: Don’t Trust the Courts to Uphold the Constitution! appeared first on Tenth Amendment Center.