Tenth Amendment Remembered

...from Tenth Amendment Center A federal agency created under the Dodd-Frank Act unconstitutionally gets to determine its own budget. In 2010 the Dodd-Frank Wall Street Reform and Consumer Protection Act was passed and signed into law. In our copy, the act has 833 pages. Portions starting on page 573 through almost create the Bureau of Consumer Financial Protection (BCFP). The bureau was created to operate with no presidentially appointed head. For that reason and many others, many people objected to its creation and function. But in a case with over 60 major plaintiffs, including14 states, a federal court found that none of the opponents of the BCFP had standing to make such claims. In summary, the court said that the bureau had not acted in ways the opponents disliked and there was no harm to actually or potentially remove; hence no standing to bring a case. (See State National Bank of Big Spring, et al. v. Lew , no. 12-01032, D.D.C, filed July 12, 2012). Thus, despite these obj

...from Tenth Amendment Center SACRAMENTO , Calif. (April 30, 2018) –  Last Tuesday, a second California Senate committee unanimously passed a bill that would loosen some regulations on hemp seed and cultivation. Passage of this bill would pave the way for faster development of the state’s hemp market, and further nullify federal prohibition in practice and effect. Sen. Scott Wilk (R-Santa Clarita), along with a bipartisan coalition of three cosponsors, introduced Senate Bill 1409 ( SB1409 ) on Feb. 16. The legislation would increase the availability of industrial hemp seed in California by repealing a requirement that seed cultivars must be certified on or before January 1, 2013, in order to be included on the state’s approved seed list. In effect, this will expand the types of hemp seed available to growers. Additionally, the proposed law would repeal a requirement that industrial hemp must be grown as a fiber or oilseed crop, or both, and would also delete the requirement that a

...from Tenth Amendment Center by Ryan McMaken,  Mises Institute Donald Trump and California Governor Jerry Brown have  failed to come to an agreement  over how California National Guard troops should be used at the US-Mexico border. Gov. Brown has agreed to send California troops, but has stated he will not allow them to function in an “immigration enforcement” role. Trump had earlier lauded Brown for sending some California Guard troops, but, it seems that in Brown’s mind, the troops ought to be there only for activities related to drug trafficking and organized crime. Trump then  expressed his displeasure with these state-imposed limitations.  The Drudge Report in recent days has played up the conflict between state and federal governments with headlines like “ DEFIANT: California deploying 400 troops — but not for immigration enforcement… ” and BORDER BATTLE.” Other publications, like the UK’s  Daily Mail  report  with some degree of surprise over the fact that a governor of

...from Tenth Amendment Center On April 28, 1758, James Monroe was born. Monroe served in the Continental Army during the War of Independence, where he was wounded and almost died in the Battle of Trenton. Thereafter he studied law under George Wythe, who had also taught Thomas Jefferson. Opposed to the Constitution, he became the only Anti Federalist to be elected president. Monroe was Minister to France during Washington’s term, where he helped secure the release of Thomas Paine, who was awaiting execution. During the Reign of Terror, he also negotiated the release of American prisoners, and befriended many of the most famous French republicans, including Marquis de Lafayette. Enraged by Washington’s Neutrality Proclamation, Monroe believed the United States had a vested and moral interest in supporting the French Republic. Aligning himself with the interests of Jefferson and Madison’s Republican Party, he strongly opposed the national bank, Jay Treaty, and the Quasi War with Fr

...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 . Is every act of the federal government supreme? Well, if you want to follow the Constitution, the answer is no. 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 April 28, 2018 at 01:32PM

...from Tenth Amendment Center A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from all others. Usually, they answer that it’s the clauses that guarantee the freedom of speech, privacy and due process. Yes, each of those guarantees — if upheld — is vital to restraining government, but the overarching and most important unique aspect of the Constitution is the separation of powers. The constitutions of many totalitarian countries pay lip service to free speech, privacy and due process, but none has the strict separation of powers that the U.S. does. Under our Constitution, the Congress writes the laws, the president enforces them and the courts interpret them; and those powers and functions may not constitutionally be mixed or exchanged. The Congress also declares war. The president also wages war. The courts also invalidate the acts of the other two branches when they excee

...from Tenth Amendment Center Is every act of the federal government supreme?  Well, if you want to follow the Constitution, the answer is no. Michael Boldin April 27, 2018 at 01:33AM

...from Tenth Amendment Center In this episode, I provide a brief summary of the beginnings and outcomes of the French and Indian War. In doing so, I illustrate the escapades of a young, then-unknown officer of the Virginia militia, George Washington, and his early role in the war’s outbreak. I conclude by speaking of the war’s financial ramifications. In many ways, it is important to have a basic grasp of this conflict to provide a true understanding of the coming clash between the American colonies and Britain. WATCH Dave Benner April 26, 2018 at 11:38AM

...from Tenth Amendment Center SACRAMENTO , Calif. (April 26, 2018) – On Tuesday, a second California Assembly committee passed a bill that would require law enforcement agencies in the state to get local governmental approval before acquiring or using military equipment. Passage of the bill into law would set the stage to limit federal programs that militarize local police. Asm. Todd Gloria (D-San Diego) and Asm. David Chu (D- San Francisco) introduced Assembly Bill 3131 ( AB3131 ) in February. The legislation would require state and local law enforcement agencies to get local government approval by the adoption of a military equipment impact statement and a military equipment use policy at a public meeting before seeking funding for, acquiring, or using military equipment. The bill would also require approval for the continued use of any military equipment acquired prior to January 1, 2019. AB3131 enumerates a long list of items under the definition of “military equipment,” inclu

...from Tenth Amendment Center JUNEAU , Alaska (April 26, 2018) – Yesterday, the Alaska Senate unanimously gave final approval to a bill that would set the foundation to nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients. Rep. Jason Grenn (I-Anchorage) introduced House Bill 43 ( HB43 ) last year. The bill would give terminally ill patients access to medicines not yet given final approval for use by the FDA. The Federal Food, Drug, and Cosmetic Act prohibits general access to experimental drugs. However, under the expanded access provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb, patients with serious or immediately life-threatening diseases may access experimental drugs after receiving express FDA approval. HB43 creates a process to bypass the FDA expanded access program and allows patients to obtain experimental drugs from manufacturers without first obtaining FDA approval.

...from Tenth Amendment Center Under the Constitution, the president does not have the authority to launch offensive military actions. Not for 90 days. Not for 60 days. Not for one minute. And the War Powers Resolution of 1973 does not change that. In this episode of  Thoughts from Maharrey Head , I talk about presidential war powers and explain why the War Powers Resolution is itself unconstitutional. You can subscribe to  Thoughts from Maharrey Head  for free on iTunes. Just click  HERE . SHOW NOTES AND LINKS Free E-Book: The Power of No!: The Historical and Constitutional Basis for State Nullification War Powers What Does it Mean to Declare War? Trump’s Syria Airstrikes are Unconstitutional Unconstitutional: The War Powers Resolution of 1973  (Video) Background on my lawsuit Video Update on my Lawsuit “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; fro

...from Tenth Amendment Center A U.S. Representative posed several pointed questions to the Federal Reserve and the U.S. Treasury this week as to their activities involving America’s gold, including, apparently, efforts to “drive gold out of the world financial systems in favor of the Federal Reserve Note or Special Drawing Rights issued by the International Monetary Fund.” In a letter dated April 24, Representative Alex Mooney (R-WV) wrote to Jerome Powell, Chairman of the Federal Reserve, and Steven Mnuchin, Secretary of the U.S. Treasury, raising concerns about their policy to devalue the Federal Reserve Note, via “inflation targeting,” and requesting information about the United States’ use of, and position on, gold. “The purchasing power of our currency has fallen some 97% since Congress passed the Federal Reserve Act in 1913, with an acceleration in the rate of the decline occurring since the early 1970s when the final link to gold was severed,” wrote Mooney. “This Fed poli

...from Tenth Amendment Center NASHVILLE , Tenn. (April 25, 2018) – Last Thursday, Tennessee Gov. Bill Haslam signed a bill into law that modestly reforms the state’s asset forfeiture laws, but leaves a loophole in place allowing police to circumvent stricter state laws by passing cases off to the feds. Rep. Mike Carter (R-Ooltewah) introduced House Bill 2021 ( HB2021 ) in January. The new law requires law enforcement agencies to provide formal notification within five days of a property seizure or of a forfeiture-warrant hearing. Authorities must provide notice whether or not the owner was present at the time the property was taken. The law also requires the state to pay attorney fees if a person proves police wrongfully seized their property. The new law streamlines the process to challenge a forfeiture for people who have assets seized and are charged at the scene. Additionally, HB2021 stipulates that merely possessing large amounts of cash is not considered a crime. The House 

...from Tenth Amendment Center SPRINGFIELD , Ill. (April 25, 2018) – Yesterday, the Illinois Senate unanimously passed a bill that would legalize industrial hemp in the state and take a first step toward nullifying federal prohibition of the plant in effect. Sen. Tori Hutchinson (D-Chicago Heights) introduced Senate Bill 2298 ( SB2298 ) in January. The legislation would legalize industrial hemp in Illinois by removing it from the list of controlled substances and implement a licensing program for the cultivation of the plant. It appears the state intends to create a federally compliant “research only” licensing program. A provision in the bill requires applicants to a “provide a description of one or more research purposes planned for the cultivation of industrial hemp which may include the study of the growth, cultivation, or marketing of industrial hemp.” But the proposed law does not slam the door on commercial sales of hemp. “The research purpose requirement shall not be const

...from Tenth Amendment Center You often hear that an action is “constitutional” or “unconstitutional.” More rarely, you hear the term “extra-constitutional.” Exactly how do these words differ? An action is constitutional if taken in accordance with a governing constitution. The governing constitution may be written or unwritten. In Britain, to become law a bill must pass the House of Commons and (usually) the House of Lords, and then be approved by the Queen. That is the constitutional procedure. An attempt to enact a law purely by passage in the House of Lords would be unconstitutional. Of course, a constitutional rule may be changed. In the 18 th century, it was unconstitutional to make a law unless both the House of Commons and the House of Lords approved. In the 19 th and 20 th centuries, however, the rules were changed to allow lawmaking in certain circumstances without the consent of the Lords. That procedure thereby became constitutional. The same general principle a

...from Tenth Amendment Center Today is day 460 that the GOP has failed to repeal Obamacare. In our last Tenther Tuesday episode , we talked about state efforts taking on asset forfeiture and noted how police across the country use virtually the same arguments to oppose reforms no matter where they are. We see the same kind of coordinated law enforcement opposition to limiting surveillance. And the arguments are almost identical. In this episode, Mike Maharrey shares his recent experience in court and how local cops in his hometown are using these same talking points to hide surveillance programs. He and Michael Boldin also talk about some success at the state and local level to rein in Big Brother. WATCH SHOW LINKS JOIN TAC, Support the Constitution and liberty:   http://tenthamendmentcenter.com/members My Trip to Court and Stories Cops Tell California Local Surveillance Oversight Berkeley Surveillance Ordinance Massachusetts ALPR Nebraska Right to Try Activism 101 Podcast

...from Tenth Amendment Center LINCOLN , Neb. (April 24, 2018) – Last Thursday, Nebraska Gov. Pete Ricketts signed a bill into law setting the foundation to nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients. Sen. Bob Hilkemann (R-Omaha) introduced Legislature Bill 117 ( LB117 ) last year and it carried over into the 2018 session. The new law gives terminally ill patients access to medicines not yet given final approval for use by the FDA. The Federal Food, Drug, and Cosmetic Act prohibits general access to experimental drugs. However, under the expanded access provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb, patients with serious or immediately life-threatening diseases may access experimental drugs after receiving express FDA approval. LB117 creates a process to bypass the FDA expanded access program and allows patients to obtain experimental drugs from manufacturers wit