Tenth Amendment Remembered

...from Tenth Amendment Center HELENA , Mont. (Sept. 30, 2017) – Tomorrow, a Montana law that limits the use of Automated License Plate Readers (ALPRs) in the state goes into effect. The new law will also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates. Rep. Daniel Zolnikov (R-Billings) sponsored House Bill 149 ( HB149 ). The legislation prohibits the use of ALPRs except for specified purposes, and also places limitations on the retention and sharing of data gathered by license plate readers. The Montana Senate passed HB149 by a  48-1 vote . The House concurred with a  91-7 vote , With Gov. Steve Bullock’s signature the law goes into effect Oct. 1. Under the law, law enforcement agencies can only use ALPRs for specified law enforcement purposes. These include identifying stolen vehicles, locating missing persons, locating individuals with outstandi...

...from Tenth Amendment Center This article  originally appeared in the  Washington Times. This year, 2017, marks the 250th anniversary of one of the most influential series of writings in American history: John Dickinson’s  Letters from a Farmer in Pennsylvania ,  the first of which appeared in 1767. These “Letters”—12 newspaper op-eds later collected in book form—asserted the colonial cause against imperial British overreach and helped to lay the groundwork for the U.S. Constitution drafted two decades later. The letters also presented important ideas about resisting usurpation. John Dickinson (1732-1808) did not sign the Declaration of Independence, but in other respects, he was an  American Founder of the first rank . With homes in Delaware and Pennsylvania, he served both states. Pennsylvania sent him to the 1765 Stamp Act Congress and, after publication of the  Farmer  letters, to the Continental Congress in 1774. Dickinson authored most of ...

...from Tenth Amendment Center This is the 18th 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 . We recently enjoyed a big publicity breakthrough in our activism work. I was invited to be a guest on a local talk radio show. The appearance went exceptionally well and helped elevate our public profile in the city. In this installment of the Activism 101 podcast, I talk about how I got invited to appear on the radio show, and I offer some tips on how to prepare for a successful interview. SHOW NOTES My appearance on Cruzer and Krew Episode #13: Writing a Good Press Release Mike Maharrey September 29, 2017 at 01:47PM

...from Tenth Amendment Center RALEIGH , N.C. (Sept. 29, 2017) – In June the North Carolina House passed a “Constitutional Carry” bill, but the Senate failed to pass as well. However, since the bill was not voted down in the 2nd chamber, it’s still alive for further consideration in 2018. A coalition of four Republican representatives introduced House Bill 746 ( H746 ) in April. Under the proposed law, any person who is a citizen of the United States and at least 18 years old would be able to legally carry a handgun, openly or concealed, without a concealed handgun permit in North Carolina unless provided otherwise by State law, by 18 U.S.C. § 922, or any other federal law. The legislation does prohibit carrying a concealed handgun in certain places, including the state capitol building, courthouses, and certain other areas. It also establishes and clarifies other limits on carrying firearms in the state. H746 would still allow North Carolina residents to obtain a conceal carry li...

...from Tenth Amendment Center WASHINGTON (Sept. 28, 2017) – Obamacare repeal 3.0 went down in flames Tuesday. For seven years, Republicans talked about repealing the ACA. For seven years, we’ve warned you that it would never happen. Now, even with control of both houses of Congress and the oval office, the GOP won’t get it done. And we’re still saying they never will. According to  Bloomberg , opposition from three Republican Senators derailed the latest attempt to dismantle the Affordable Care Act. Leaders decided the Senate won’t vote before Saturday’s deadline to use a fast-track procedure to keep Democrats from blocking a GOP-only bill. On Monday, Republican Senator Susan Collins of Maine added her opposition to that of GOP Senators John McCain of Arizona and Rand Paul of Kentucky, enough to sink the legislation in the 52-48 Senate.” Calling the Graham-Cassidy bill a “repeal” was a bit of a stretch. OK. It was a complete fabrication. The legislation would not have rep...

...from Tenth Amendment Center One of the standard distinctions these days is between the old originalism and new originalism.  While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a provision and a belief that significantly constraining judges is essential to the task of originalism. The newer originalisms – I use the term “newer originalisms” rather than the “new originalism” because new versions of originalism differ from one another – have abandoned these two characteristics.  The newer originalisms tend to focus on the original public meaning – focusing on a more textual than intentionalist approach.  And the newer originalisms no longer hold (or act like) significantly constraining judges is essential.  If the original meaning is permissive – if it is unclear, vague, or delegates power to judges – then that is ...

...from Tenth Amendment Center The following is based on an excerpt from my book Out Last Hope: Rediscovering the Lost Path to Liberty .  For the last 100 years, most Americans have assumed the federal court system, and ultimately the Supreme Court, stands as the final arbiter in any constitutional controversy. But who made the federal courts king? The Constitution certainly didn’t. Take a moment and go look for the clause in the Constitution that delegates to the Supreme Court the power to serve as the sole and final authority on what is or isn’t constitutional. You won’t find it, because it does not exist.  The Constitution tasks the Court with “judging cases.” So, who placed the Supreme Court at the pinnacle of Constitutional interpretation? Why, the Supreme Court itself did! In 1958, the SCOTUS declared “constitutional law,” as determined by the federal court system, the supreme law of the land, on equal footing with the Constitution itself. The Supreme Court set i...

...from Tenth Amendment Center We got an interesting email from Sputnik News recently relating to U.S. surveillance of foreign nationals outside the country. Here the question, followed by my response. QUESTION “The National Security Agency is currently conducting surveillance on more than 100,000 foreign nationals outside the US, several senior US officials revealed Monday, highlighting cases in which so-called Section 702 authorities have helped the intelligence community identify cybersecurity threats from hostile governments, stop malicious cyberattacks and disrupt ISIS terror plots. Granted that this surveillance really helps to disrupt plots, but is it a 100% legitimate effort? (outside the US). And does it require more transparency or oversight by Congress and/or the media?” ANSWER “From a purely legal standpoint, the U.S. government has virtually unlimited authority to spy on foreign nationals outside of the country. Ethically, well that’s a different story. And this typ...

...from Tenth Amendment Center In my last members post, I talked about the roller coaster ride of legislative activism. This week, I was reminded why I need to take my own advice and always keep pushing. I’ve mentioned before that discouragement is a natural part of activism. There is a lot of opposition. There are plenty of setbacks. But… Mike Maharrey September 26, 2017 at 01:23PM

...from Tenth Amendment Center We’re often told how much democrats hate the Founders. And generally that’s true, except when statements from the founders fit their policy objectives. They love the 10th Amendment when it comes to marijuana or sanctuary cities, for example.   But – the same problem happens with republicans. When we share advice from the Founders about staying out of foreign wars, or against spying, for example – we’ll get loads of feedback from republicans telling us how “things are different now.” Or how the “founders couldn’t have foreseen what we face today.” In short, they want us ignore the founders, just like the democrats.   Both are wrong. And dangerous. For us – it’s the Constitution. Every issue, every time. No exceptions, no excuses. Are you on board ? Michael Boldin September 26, 2017 at 01:05PM

...from Tenth Amendment Center By all means, let’s talk about patriotism and President Trump’s call for “ respect for our Country, Flag and National Anthem .” At a time when the American flag adorns everything from men’s boxers and women’s bikinis to beer koozies, bandannas and advertising billboards (with little outcry from the American public), and the National Anthem is sung by  Pepper the Parrot  during the Puppy Bowl, this conveniently timed outrage over disrespect for the country’s patriotic symbols rings somewhat hollow, detracts from more serious conversations that should be taking place about critical policy matters of state, and further divides the nation and ensures that “we the people” will not present a unified front to oppose the police state. First off, let’s tackle this issue of respect or lack thereof for patriotic symbols. As the U.S. Supreme Court has made clear, Americans have a right to abstain from patriotic demonstrations ( West Virginia State Board...

...from Tenth Amendment Center This is the 17th 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 . Back on episode #4, I talked about obtaining documents from government agencies through open records requests. You can gather a great deal of information about government departments and their operations by utilizing the formal FOIA request process. But what do you do when the agency denies your request and hides information behind exemptions in the open records laws? You appeal. In this installment of the Activism 101 podcast, I talk about how I appealed and won when the Lexington Police Department denied my request for documents relating to mobile surveillance camer...

...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. If you discuss a state bill contrary to federal goals, some will claim it’s unconstitutional with just two words: “Supremacy clause.” But in many situations, the clause doesn’t even apply. The original meaning of the Supremacy clause tells us that state laws must generally yield to conflicting federal laws made in pursuance of the constitution. Even so, out of the hundreds of nullification bills filed in states in recent years, the supremacy clause only applies to a small handful.  The rest generally prohibit the use of state resources to enforce or effectuate federal laws and the supremacy clause doesn’t even apply. Here’s the deal. The feds have overextended themselves. As the National Governors Association pointed out, they rely on state-leve...

...from Tenth Amendment Center It’s easy to think there is no way to ever topple the Fed-controlled U.S. monetary system. But efforts to chip away at the Federal Reserve’s monopoly on money by facilitating and encouraging the use of gold and silver within state borders took some solid steps forward over the last year. An Indian myth offers some symbolic encouragement in what can seem like a battle against overwhelming odds. Oct. 19 marks an important holiday in Indian culture as the festival of Diwali begins. Diwali is one of the biggest festivals for Hindus, Sikhs, and Jains. It is a lavish celebration of the victory of light over darkness with its gleaming candles, luxurious works of art, and opulent feasts. Diwali is also characterized by gift giving. Buying and gifting gold is considered auspicious during the festival. Diwali is a grand, extravagant multi-day festival celebrating many things by many different groups of people. One of the more popular tales remembered and cele...

...from Tenth Amendment Center The federal government has fundamentally transformed state and local law enforcement agencies into a national police force, using funding to incentivize local cops to focus on federal law enforcement priorities. The Department of Homeland Security other federal agencies funnel billions of dollars to local police departments through grant programs and equipment transfers. Of course, the feds tie virtually all of the money to specific enforcement objectives, whether it be the war on drugs, traffic safety, or anti-terrorism. The availability of so much cash and equipment skews law enforcement priorities to those the feds want to focus on, and can pull resources away from local policing priorities. According to the FBI, the national clearance rate for homicide today stands at just over 64 percent. Fifty years ago, it was more than 90 percent. While correlation does not equal causation, many analysts believe the shift in law enforcement priorities may fac...

...from Tenth Amendment Center AUGUSTA , Maine (Sept. 25. 2017) – A law prohibiting any type of state firearms registry is now in effect in Maine. The law will not only protect the privacy of Maine gun owners, it will also hinder the federal government’s ability to develop a firearms database and create a climate less favorable to federal gun control. Rep. Patrick Corey (R-Windham) spondored House Bill 9 ( LD9 ) along with a bipartisan coalition. The new law declares: “Notwithstanding any other provision of law to the contrary, a government agency of this State or a political subdivision of this State may not keep or cause to be kept a comprehensive registry of privately owned firearms and the owners of those firearms within its jurisdiction.” The House approved the joint Committee on Criminal Justice and Public Safety’s “ought to pass” report  by a 122-24 margin . The Senate unanimously  passed it 35-0 . Both chambers then voted for LD9 to be enacted by a voi...

...from Tenth Amendment Center Constitution Day—September 17—marks the anniversary of its 1787 signing. Students will be taught about it…but not because of its importance. It is now a mandatory topic for every educational institution receiving federal aid. However, what won’t be taught is the irony of that requirement, which originated from the man then-described as the Senate’s leading Constitutional scholar, while clearly conflicting with the Constitution. In 2004, Senator Robert Byrd (D.-WV) added this requirement to a pork-filled spending bill that was blatantly inconsistent with Americans’ general welfare. It also clearly overstepped the 10th Amendment’s restriction of the federal government to only its enumerated powers. His “solution” aside, Byrd was correct about Americans’ inadequate Constitutional knowledge. As one National Constitution Center poll concluded, only one in six of us claimed detailed knowledge of the Constitution—despite the fact that two-thirds said it was ...

...from Tenth Amendment Center From time to time, people accuse me of being too radical about the Constitution, especially when I start talking about all of the things the federal government should stop doing. They tell me that there is no way we’ll ever get back to the original Constitution. We’ll never be able to completely roll back federal power.I should just give it up. Or at least back off the extreme, idealistic rhetoric and concentrate on small steps. I disagree. I think it’s imperative to keep the ultimate goal front and center. We need to follow the Constitution every issue, every time, no exceptions, no excuses. I don’t deny that demanding unwavering fidelity to the Constitution and its limits on federal power is an extremely radical concept in this day and age. It’s also idealistic. Most Americans blindly accept the notion that the federal government should involve itself in pretty much every aspect of life. Yes. My constitutionally limited government rhetoric puts me wa...

...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. If you discuss a state bill contrary to federal goals, some will claim it’s unconstitutional with just two words: “Supremacy clause.” But in many situations, the clause doesn’t even apply. The original meaning of the Supremacy clause tells us that state laws must generally yield to conflicting federal laws made in pursuance of the constitution. Even so, out of the hundreds of nullification bills filed in states in recent years, the supremacy clause only applies to a small handful.  The rest generally prohibit the use of state resources to enforce or effectuate federal laws and the supremacy clause doesn’t even apply. Here’s the deal. The feds have overextended themselves. As the National Governors Association pointed out, they rely on state-leve...

...from Tenth Amendment Center There was plenty of blame and finger-pointing in the aftermath of the Charlottesville protests. One woman died and at least 33 people suffered injuries when right-wing and left-wing groups clashed during the Unite the Right Rally. Two state troopers also died when their helicopter crashed during police response to the melee. Analysts have focused on white nationalist groups, Antifa, police response and city officials, but one major player who had a hand in the way events unfolded has largely flown under the radar – the federal government – specifically U.S. District Judge Glen Conrad. Conrad issued the injunction overruling the city’s decision to move the rally from Emancipation Park to McIntire park. The city cited safety and security concerns when it made the decision to grant a permit for the event only if organizers moved the location to the larger park outside of downtown. City Manager Maurice Jones read a prepared statement on the Monday before...