Tenth Amendment Remembered

...from Tenth Amendment Center Gov. Paul LePage is doing it wrong. Instead of protecting the people of Maine from overreaching and unconstitutional federal overreach, he’s begging the feds to trample on his state’s sovereignty. You see, the Republican governor doesn’t like marijuana. And he doesn’t like the fact that the people of his state voted to legalize weed. He wants to maintain prohibition on cannabis. But since the people he supposedly represents have spoken, he finds himself in an awkward situation. His solution? Encourage the feds to enforce prohibition in Maine for him. During a radio interview on WVOM radio in Bangor, LePage scolded the legislature for not simply overriding the will of the people. He also indicated he was urging the feds to do come to Maine and “put the hammer down.” “I would have just repealed it and said, ‘Listen, federal law says it’s illegal, let’s move to the federal government and let them deal with this.’ In fact, I’m urging Je...

...from Tenth Amendment Center Attorney General Jeff Sessions wants to ramp up federal asset forfeiture. State action  – – or more accurately inaction – – can stop him. Earlier this month, the U.S. Department of Justice issued policy guidance on federal asset forfeiture directing the federal government to aggressively seize property even if they never charge the owner with a crime, including in states that require a criminal conviction to complete forfeiture. The DOJ issued the directive to implement Sessions’ order to ramp up asset forfeiture. JUST IN: DOJ new asset forfeiture policy – police can seize property from people not charged w/crime even in states where it’s been banned. pic.twitter.com/P8K0g80m4E — Paula Reid (@PaulaReidCBS) July 19, 2017 Under the federal law, state and local police can pass asset forfeiture cases off to federal prosecutors. Once the feds “adopt” a case, the forfeiture then moves forward under federal law, often affording less p...

...from Tenth Amendment Center Whenever a court issues a highly publicized liberal activist decision, constitutionalists understandably become upset. They cast around for ways to stop this kind of overreaching. But if you want to devise a viable solution to misconduct, you have to understand the reasons for the misconduct. And constitutionalists almost invariably overlook one of the core reasons. This post discusses that reason. Next week we shall address possible solutions. Federal judges and state supreme court justices are largely drawn from a group that, from the time they are law students, are trained in a particular view of the law. Its promoters call it “legal realism,” although it is neither particularly legal nor entirely realistic.  Legal realism is sharply at odds with the view of law on which our Constitution is based. Legal realism empowers judges intellectually and socially to subordinate the law to promoting favored social policy. The Founding Era View Let’s re...

...from Tenth Amendment Center Last week, I took a long weekend and drove down to Florida with my son to meet my new niece, and visit with my mom and sister. While I was there, I saw something that got me pretty riled up. My mom and sister live in the small island town of Fernandina Beach. It has… Mike Maharrey July 28, 2017 at 05:31PM

...from Tenth Amendment Center BOSTON , Mass. (July 28, 2017) – After weeks of wrangling, the Massachusetts legislature finally passed a bill to legalize recreational marijuana in the state last week. When fully implemented, legalization will take another big step toward nullifying the unconstitutional federal prohibition of cannabis in effect. Massachusetts voters approved a ballot measure to legalize marijuana in 2016, but the state legislature almost immediately began working on legislation to make changes to the voter approved law. The House and Senate passed separate measures that differed on various issues from taxation to specific provisions on possession and cultivation of marijuana. When a conference committee failed to reach a compromise by a self-imposed July 1 deadline, legislators went behind closed doors and hammered out a compromise bill. The Senate ultimately approved House Bill 3818 ( HB3818 ) by a 32-6 vote. It passed the House 136-11. Un...

...from Tenth Amendment Center The following post is excerpted from the script for Nullify: Season 1.  Watch all the videos from this series at this link  – and  Become a member here  to support the TAC. On December 5,1933, the 18th amendment was repealed by the 21st amendment , ending alcohol prohibition. What most people don’t know is that state and local nullification created the atmosphere where this repeal was inevitable. After the 18th amendment, nearly every state passed laws to enforce prohibition under the Volstead Act., because it was widely accepted that they had an obligation to do so. The state of Maryland, however, never passed any laws to enable state-level enforcement, and was eventually joined by other states, starting with New York in 1923.   A study from the University of Houston noted that states eventually grew tired of the hassle that came with enforcing the federal alcohol ban. In fact, by 1925 six states had developed la...

...from Tenth Amendment Center This is the second installment of a podcast following local activism efforts I am spearheading to address the surveillance state in Lexington, Ky. Through this series, you will get an inside look at boots-on-the-ground activism as it happens. The goal is to create a step-by-step how-to on tackling issues at the local level. You can access the other episodes HERE . You’ve probably heard the Department of Homeland Security slogan “If you see something, say something.” Well, the same principle applies to local activism. First you have to identify the problem – see something. Next you have to let people know the problem exists so you have some allies in your efforts – say something. In this installment of the Activist 101 Podcast, I explain exactly what I saw, and the first steps I took to get the word out. Mike Maharrey July 27, 2017 at 02:45PM

...from Tenth Amendment Center Louisiana, populism, and the Constitution, three items that don’t seem to have much in common, except that I spent time talking about all three in the last week. You’ve probably heard that Jefferson violated the Constitution by pushing for the acquisition of Louisiana, that Donald Trump is a populist, and that the Constitution is an irrelevant scrap of paper. False, False, and False. Just like any other good myths, including the Lincolnian myth of American history and the War, these myths are based on both historical and ideological fallacies. It is true that Jefferson thought that acquiring Louisiana mandated a constitutional amendment to make it valid. He was persuaded otherwise and rightfully so. There are many libertarians who would argue with me on this point–some did–but my response is quite simple. You cannot conflate the constant abuse of the “necessary and proper clause” or the “general welfare cl...

...from Tenth Amendment Center TAC memberships  help us produce more educational tools like this. Members can download this video and read the full transcript here . Taking away rights because some people abuse them is dangerous. FOLLOW TAC: YouTube: https://www.youtube.com/user/TenthAmendmentCenter RSS: http://feeds.feedburner.com/tacdailydigest Twitter: http://twitter.com/tenthamendment Facebook: https://www.facebook.com/tenthamendmentcenter Instagram: https://www.instagram.com/tenthamendmentcenter/ Email Newsletter: http://tenthamendmentcenter.com/register Become a Member: http://tenthamendmentcenter.com/members/ Michael Boldin July 27, 2017 at 12:19PM

...from Tenth Amendment Center Let’s not mince words. Jeff Sessions, the nation’s top law enforcement official, would not recognize the Constitution if he ran right smack into it. Whether the head of the Trump Administration’s Justice Department enjoys being the architect of a police state or is just painfully, criminally clueless, Sessions has done a great job thus far of sidestepping the Constitution at every turn. Most recently, under the guise of “fighting crime,” Sessions gave police the green light to rob, pilfer, steal, thieve, swipe, purloin, filch and liberate American taxpayers of even  more  of their hard-earned valuables (especially if it happens to be significant amounts of cash) using any means, fair or foul. In this case, the foul method favored by Sessions & Co. is civil asset forfeiture, which allows police and prosecutors to “seize your car or other property, sell it and use the proceeds to fund agency budgets— all without so much as charging you wi...

...from Tenth Amendment Center Some people ask us, “Does the Tenth Amendment even matter anymore?” Thomas Jefferson called the Tenth Amendment the “foundation” of the Constitution. The Tenth doesn’t add anything to the Constitution, but it makes explicit what was already implicit in the American constitutional structure – that the federal government is limited to specific enumerated powers. All other powers remain with the states and the people. This bears repeating. The federal government is limited. Jefferson went on to say, “To take a single step beyond the boundaries thus specifically drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition.” Sadly, the federal government has strayed much further than a “single step” beyond its delegated authority. You can measure the distance in miles. So, why does the Tenth Amendment even matter anymore? Because it reminds us of an important truth. The states and the...

...from Tenth Amendment Center RALEIGH , N.C. (July 26, 2017) – Yesterday, North Carolina Gov. Roy Cooper signed a bill into law exempting the sale and purchase of gold and silver from state sales taxes. The new law will remove an important roadblock in the way of their everyday use as money, taking the first step toward breaking the Federal Reserve’s monopoly. Rep. Dana Bumgardner (R-Gastonia) and Rep. Jeff Collins (R-Rocky Mount) introduced House Bill 434 ( H434 ) in March. The legislation exempts precious metals in various forms from state sales tax, including investment metal bullion, U.S. Mint-produced gold and silver, investment coins and non-coin currency. The House passed H434 on second reading  by a 104-8 vote  in May. It then gave final approval on the third reading by a voice vote. The Senate concurred with a  vote of 35-13  on June 27. With the governor’s signature, the law went into effect retroactively to July 1, 2017. IN PRACTICE ...

...from Tenth Amendment Center by Ryan McMaken,  Mises Institute Editor’s note: In the following article, McMaken makes a point we’ve been making for a long time. Even partial legalization of maerijuana has benefits and moves the ball forward.  The partial legalization of marijuana has not been quite ideal. Thanks to high regulatory burdens on the marijuana-production industry, limitations on production volume, and high taxes, black markets have persisted within those states that have adopted a variety of legalization measures. Perhaps most burdensome has been  ongoing federal banking regulations  that essentially prohibit marijuana producers from using commercial banking services. The resulting reliance on physical cash has led in many cases to more robbery and inefficiencies within the cannabis industry. Nevertheless, even partial legalization has brought at least some of the benefits that one would expect. Cannabis products are now subject to commercial qual...

...from Tenth Amendment Center This is the first installment of a podcast following local activism efforts I am spearheading to address the surveillance state in Lexington, Ky. Through this series, you will get an inside look at boots-on-the-ground activism as it happens. The goal is to create a step-by-step how-to on tackling issues at the local level. As we update with new episodes, you’ll be able to access them  HERE . Have you ever witnessed some type of egregious government action right in your own community and wondered, “What do I do about it?” I had this very experience when government surveillance cameras suddenly showed up at a park in my neighborhood. I was angry. I know I couldn’t just sit back and let the surveillance state take root in my own backyard. But despite my work with the TAC, I have no real experience in boot-on-the-ground community activism. Still, I knew I needed to do something. So I did. I also realized a lot of people end up paralyzed by...

...from Tenth Amendment Center This is yesterday’s Tenther newsletter, which everyone in the nullification movement gets daily or weekly.  Be one of them  – and  Become a member here  to support the TAC. The Tenth Amendment Center (TAC) is an organization built on what Thomas Jefferson considered “the foundation of the Constitution.” In arguing against a national bank in 1791, he wrote,  I consider the foundation of the Constitution as laid on this ground: That “all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.” Under the Founders’ Constitution, a vast majority of what the feds do today is unauthorized. Some people say it’s about 60%. Personally, I think it’s around 95% of what they do – and all these unconstitutional acts should be rejected, resisted and nullified into oblivion.   With tens of thousands of unconstitutional regulations on the b...

...from Tenth Amendment Center Due process is regarded as a fundamental right articulated the Fifth Amendment. Yet, controversy exists as to who, where, and under what circumstances, this right exists. Modern, mainstream interpretation of the Fifth Amendment holds that it does not apply to aliens outside of U.S. jurisdiction. However, Nathan S. Chapman at the University of Georgia School of Law argues this isn’t the case. In an essay titled “ Due Process Abroad ,” he makes the case that the founding fathers intended for the amendment to extend to non-Americans outside the U.S. accused of violating U.S. laws under peacetime conditions. Furthermore, he frames this right as a key grievance the colonists had against England just prior to the War for Independence. And one they still had on their minds as they wrote the Bill of Rights. “Outside the context of war, no one believed that a federal officer could deprive a suspect of life, liberty, or property without due process of law —...

...from Tenth Amendment Center Taking away rights because some people abuse them is dangerous. Michael Boldin July 24, 2017 at 08:32PM

...from Tenth Amendment Center The following post is excerpted from the script for Nullify: Season 1.  Watch all the videos from this series  at this link  – and  Become a member here  to support the TAC. Northern states were so effective at nullifying the fugitive slave act of 1850, that they were successful even in the face of a threat to use the US military to stop them. Under the provocative headline “The Administration and Nullifying Vermont,” the Memphis Daily Eagle in its lead editorial for December 18, 1850 reported on the Vermont Habeas Corpus Act, a bill to block enforcement of the Federal Fugitive Slave Act. They noted the President and the entire Cabinet were “ determined to enforce the fugitive slave law in Vermont … if it required the whole military force of the United States to do it.” The threats didn’t scare them into submission. And while Vermont was first, a dozen other states joined them with similar acts, usually referred to as Pe...

...from Tenth Amendment Center HARRISBURG , Pa. (July 24, 2017) –  A bill introduced in the Pennsylvania House would ban the use of “stingrays” to track the location of phones and sweep up electronic communications without a warrant in most situations. The proposed law would not only protect privacy in Pennsylvania, but would also hinder one aspect of the federal surveillance state. A bipartisan coalition of four representatives introduced House Bill 618 ( HB618 ) earlier this year. The legislation would help block the use of cell site simulators, known as “stingrays.” These devices essentially spoof cell phone towers, tricking any device within range into connecting to the stingray instead of the tower, allowing law enforcement to sweep up communications content, as well as locate and track the person in possession of a specific phone or other electronic device. HB618 prohibits warrantless use of stingrays both for location tracking and gathering data or information from...

...from Tenth Amendment Center Most Americans reflexively assume the federal government has absolute control over immigration matters. But James Madison’s response to America’s first immigration crisis casts doubt on this idea. In fact, “the Father of the Constitution,” clearly believed the states exercise the primary role in controlling who is allowed within their borders. The Constitution does not delegate any power to the federal government to regulate immigration. Article 1 Sec. 8 gives Congress the authority “to establish an uniform Rule of Naturalization.” But naturalization only relates to granting citizenship. This doesn’t infer any power to control resident aliens within the border of a state. The authority to deport aliens became a contentious issue in 1798 when John Adams signed the Alien Acts into law. At the time, the U.S. was involved in an undeclared naval war with France. This so-called Quasi-War stemmed from French anger over a treaty opening up trade between...