Tenth Amendment Remembered

...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 . Writing in his famous Report of 1800, James Madison argued that the Alien and Sedition Acts clearly violated the Constitution. Why? Because they failed a basic two-question test. 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 August 31, 2017 at 11:11AM

...from Tenth Amendment Center LOS ANGELES , Calif. (Aug. 31, 2017) – A recent Los Angeles Times review of documents relating to the use stingray devices submitted by California law enforcement agencies underscores that simply passing laws isn’t enough. Ensuring government agencies comply with legal requirements takes constant vigilance, pressure and activism. Cell site simulators, commonly known as “stingrays,” spoof cell phone towers. Any device within range is essentially tricked 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. In 2015, Gov. Jerry Brown signed legislation into law that prohibits a local agency from acquiring or using a stingray device unless “approved by a resolution or ordinance adopted by its legislative body at a regularly scheduled public meeting where the public has a reasonable opportunity

...from Tenth Amendment Center When the states joined the union, they gave certain powers to the federal government, and they kept others to themselves. The powers delegated are articulated in the Constitution, and the 10th Amendment clarifies the truism that those powers not surrendered have been retained. The traditional terminology for the powers retained is the “police power.” The police power does not refer to police as in cops on the streets, but it does refer to states’ powers to make laws and policies that are often enforced by cops on the streets. In constitutional parlance, police power is the right and obligation of each state to legislate for the health, safety, welfare and morality of people in the state. This is basically what state governments — and local governments with the approval of their state governments — do. And it is basically what the Constitution was written to prevent the federal government from doing. Those who wrote, ratified and amended the Constit

...from Tenth Amendment Center Sometimes emailers offer a good opportunity correct widely-held erroneous ideas. In a recent article , I asserted the federal government has very little power to force so-called “sanctuary cities” and states to enforce federal immigration law. Under a well-established legal principle known as the anti-commandeering doctrine , the courts have long held that the federal government cannot coerce states, or their political subdivisions, to enforce federal laws or implement federal programs. An reader took me to task in an email with the subject line, “Sorry chuckles but the feds DO have the right to compel states and cities.” Here’s what he said (with no edits). You seemingly forget the Feds REQUIRING the states to raise their drinking age to 21 or lose federal transportation funds in the 1990’s. Supreme Court said this was constitutional and legal. You seemingly forget the feds REQUIRING the states to raise there smoking age to 21 or lose federal heal

...from Tenth Amendment Center How do you determine if something is constitutional?  James Madison gave us a 2-step process. Michael Boldin August 30, 2017 at 12:41PM

...from Tenth Amendment Center A  growing number of states  are defying the federal marijuana ban, not only by easing their own laws, but by actively cooperating with marijuana growing, processing, and use. Many contend that pot should be  a state, rather than a federal, concern. The U.S. Supreme Court has ruled otherwise. In  Gonzales v. Raich  (2005), the court held that under the Constitution, Congress may use its Commerce Power to ban even “window box” medical marijuana, whether permitted under state law or not. The Commerce Power derives from two constitutional provisions: (1) the Commerce Clause, which grants Congress authority to “regulate Commerce . . . among the several States,” and (2) the Necessary and Proper Clause, which says Congress may “make all Laws which shall be necessary and proper for carrying into Execution” certain itemized grants—including the Commerce Clause. In  Gonzales , the court found that marijuana growing and use were economic activities. It then fo

...from Tenth Amendment Center This is the 10th 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 . So, you’ve got a website for your activism campaign. And you have set up some social media platforms. Now what? Social media is a powerful tool, but it will take more than just posting stuff and hoping for the best to get the best results. Platforms such as Twitter, Facebook and Instagram give you a way to specifically reach people who will be interested in your cause, but you need to have an intentional strategy. In this episode of the Activism 101 podcast, I talk about some specific ways to maximize your social media reach. I also share one of my early campaign failures. Mike Maharrey

...from Tenth Amendment Center CONCORD , N.H. (Aug. 29, 2017) – On Sunday, a law expanding New Hampshire’s medical marijuana program went into effect. The new law sets the stage for people in the state to further nullify federal marijuana prohibition in effect. Rep. Eric Schleien (R-Hillsborough) sponsored House Bill 160 ( HB160 ). The new law adds post-traumatic stress disorder to the list of qualifying conditions for patients to receive medical marijuana. HB160 passed the House on Mar. 8 by a 302-46 vote, and then cleared the Senate on a voice vote. Gov. John Sununu signed the bill into law on Jun. 28, and it went into effect on Aug. 27. “There’s been a lot of research on this which shows that doctors prescribe fewer opioids in states where medical cannabis is an option for pain, and those states have lower fatal overdose rates,” Rep. Schleien said in a written statement defending his successful reform. The New Hampshire legislature passed a law legalizing medical marijuana in 2

...from Tenth Amendment Center WASHINGTON (Aug. 28, 2017) – Yesterday, President Trump released an executive order that will once again open the door for local police departments to obtain certain surplus military equipment through a controversial federal program. The reversal of an Obama administration ban on specific types of equipment available through the 1033 program won’t have much practical impact, but it does have symbolic significance. Attorney General Jeff Sessions reportedly pushed for the change in policy. He announced the new executive order Monday morning in an address at the annual meeting of the Fraternal Order of Police. According to a summary of the new program recently circulated to law enforcement groups and obtained by USA Today , the EO restores “the full scope of a longstanding program for recycling surplus, lifesaving gear from the Department of Defense, along with restoring the full scope of grants used to purchase this type of equipment from other sources

...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 . At the Virginia ratifying convention, Edmund Randolph said that reading the general welfare clause as a broad grant of power would “violate every rule of construction and common sense.” 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 August 28, 2017 at 04:20PM

...from Tenth Amendment Center The other night, I woke up about 3 a.m. I’m not even sure what woke me up. But the next thing I know, I’m lying there in the dark thinking about a law review paper on nullification I’d read the day before. Of course, the only thing actually getting nullified at 3 a.m. was my… Mike Maharrey August 28, 2017 at 10:26AM

...from Tenth Amendment Center A congressional report published late last year establishes a definitive link between state and local cell site simulators and federal funding. Commonly known as “stingrays,” cell site simulator devices essentially spoof cell phone towers, tricking any device within range on the cellular network into connecting to the stingray instead of the tower. Police primarily use the technology to locate and track the location of cell phones, but many law enforcement agencies own cell site simulators that can be configured to sweep up communications content including conversations, text messages and other information stored on the device. A December 2016 report released by the U.S. House Committee on Oversight and Government Reforms confirmed the feds provide funding to state and local law enforcement agencies for the purchase of stingray devices. It appears the bulk of the funding comes through the Department of Homeland Security. The DHS allows state and loca

...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. Some people want states to nullify by arresting federal agents. But in today’s political and legal climate, there’s no way for this to work in practice. Under modern legal precedent, any case involving a federal agent acting within the scope of their assigned duties gets “removed” to federal court.  On top of it, there currently isn’t a state court or state government in the country that’s willing to tell the federal courts to pound sand when it comes to charging a federal agent with breaking state law. In other words, the structure of the legal system today makes it nearly impossible to prosecute a federal agent in state court for enforcing a federal law. So how would this play out in practice? Let’s say your state passed a law banning the enforcement of federal gun laws, or fe

...from Tenth Amendment Center This is the ninth 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 . Once you build your website and create a virtual base of operations for your activism, you can begin to expand your reach through social media. Platforms like Facebook, Twitter and Instagram provide the means to target your message to very specific groups of people in particular geographic areas. This give you a crucial tool for building your grassroots network. In this episode of the Activism 101 podcast, I talk about how to establish and expand your social media footprint. SHOW NOTES We See You Watching Lexington Facebook Page We See You Watching Lexington Twitter Mike Maharrey Aug

...from Tenth Amendment Center Bruce Ledewitz  is a very smart man who teaches constitutional law at Duquesne University in Pennsylvania. He recently wrote an  article for the  Philadelphia Inquirer —also reproduced in other news outlets. In his article, he contends that the Supreme Court’s decision this year in  Trinity Lutheran Church v. Comer  discredited “originalism”—the approach of interpreting the Constitution as the Founders adopted it. Several leading originalists—including Professor  Randy Barnett  (Georgetown) and Professor  Michael Ramsey  (San Diego)—already have published good rejoinders.  I’ve been strongly urged to write one as well. I normally avoid getting into that kind of affray, especially when other competent people have picked up the banner. However, I finally agreed to do so for one reason: I believe Professor Ledewitz’s article illustrates how even intelligent and mature law professors usually are unprepared for the tasks of writing and teaching about the C

...from Tenth Amendment Center Many Americans think it does because of the “general welfare” clause. But supporters of the Constitution during ratification said it did not. Michael Boldin August 24, 2017 at 05:07PM

...from Tenth Amendment Center No matter how much power the federal government may have, when a jury refuses to side with it, the feds lose. In what was effectively a case of jury nullification, jurors declined to return any guilty verdicts against four men involved in the 2014 Bundy Ranch standoff. The Arizona Republic called the verdict “ a stinging defeat ” for government prosecutors. After deliberating for four days, jurors did not return a single guilty verdict. It acquitted Richard Lovelien of Oklahoma and Steven Stewart of Idaho on all counts. The jury also returned “not guilty” verdicts on the most serious charges of conspiracy and extortion against Idahoans Eric Parker and O. Scott Drexler. The jury hung on weapons and assault charges against the two men. This was the second time federal prosecutors failed to get a conviction in the case. In the most recent trial, the federal government sought convictions on conspiracy, extortion, assault and obstruction charges stemmin

...from Tenth Amendment Center Few presidential candidates in the last seven years have campaigned more for pulling out of Afghanistan then Donald Trump. So his decision to escalate the war in Afghanistan, 16 years after it began, is a shock to many who are tired of the globalist no-win and perpetual warfare, and in part voted for him to end it. His words resonated with most, “Afghanistan is a total and complete disaster.” In another, “Are they going to be there for the next 200 years?” In another, the U.S. had “wasted an enormous amount of blood and treasure.” And another, “What are we doing there? These people hate us … We’re a debtor nation. We can’t build our own schools, yet we build schools in Afghanistan.” All of this remains true and irrefutable, even though Trump said that viewing this war from the Oval Office prompted his reversal. War Hawk Senators Lindsey Graham and John McCain, former political enemies, now love him as do many globalists. His having surrounded himself

...from Tenth Amendment Center This is the eighth 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 . Before an army goes on an offensive, it first has to establish a forward base of operation. Before you get too far into your activism, you’re going to need a website. You webpage will serve as your virtual base of operation throughout your campaign. In this episode of the Activism 101 podcast, I talk about how to get started building a website, the importance of your domain name and offer some tips on content. SHOW NOTES www.weseeyouwatchinglexington.com WordPress Weebly Mike Maharrey August 23, 2017 at 01:46PM

...from Tenth Amendment Center Today is the 215th day the GOP has failed to repeal Obamacare. But while Republicans in Congress and the president point fingers and play the blame game for not keeping their promise, states continue to take steps to undermine the unconstitutional federal healthcare system. In this week’s episode of Tenther Tuesday, Michael Boldin and Mike Maharrey talk about state efforts nullify federal healthcare schemes and undercut federal asset forfeiture programs. They also go off script a bit and discuss more generally the importance of political decentralization. WATCH SHOW LINKS Direct Primary Care Becomes Law in Colorado Direct Primary Care Introduced in Florida Now In Effect: New Arizona Law Takes on State, Federal Asset Forfeiture Now in Effect: Colorado Opts Out of Federal Asset Forfeiture Program in Most Situations Tenther Tuesday Episode 21: The New DOJ Asset Forfeiture Scheme and How to Stop It Industrial Hemp Now Legal in Washington, But State

...from Tenth Amendment Center This article is featured in is today’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. With all the talk about the President’s speech on Afghanistan, it seems that most people are avoiding – or maybe just forgetting – the essential issue.  That is, the Constitution. In his latest article, Mike Maharrey makes the point that Congress has “completely abandoned its constitutional responsibility in matters of war and peace.” He’s right – and they’ve done this for decades. But this isn’t an issue the TAC just started covering this week.  We were founded in 2006, and have been publishing articles on the Constitution and war powers for a long time.  I thought you’d be interested in reading a few – I’ve highlighted some of the main ones below: 1.  Under the Constitution: Limited Strikes Qualify as War Citing my 2007 war powers article , this update from