Tenth Amendment Remembered

...from Tenth Amendment Center In this episode, I cover the Parliamentary Sovereign doctrine and articulate why it is so integral to the entire struggle between the colonies and crown. Taxation was the flashpoint between colonists and the British government, but a deeper issue was underneath  – Parliament’s power over the colonies and the rights of the colonists as Englishmen. The British position was the Parliament could legislate for the entire British Empire and was superior to colonial legislatures. That gave it absolute power over the colonies. But the colonists viewed things differently. In this episode, I compare and contrast these divergent points of view. WATCH Other recommended reading(s): -James Iredell, To the Inhabitants of Great Britain -Thomas Jefferson, A Summary View of the Rights of British America -William Blackstone, Commentaries on the Laws of England -Samuel Adams and James Otis, Massachusetts Circular Letter -Richard Bland, An Enquiry Into the Rights of

...from Tenth Amendment Center The Edward Snowden revelations shined a spotlight on the NSA and stirred up widespread outrage over warrantless surveillance. But Congress did nothing. In fact, it has extended surveillance “authority” and given federal agencies even more leeway to spy on Americans. But while D.C. politicians have shown little willingness rein in the ever-expanding surveillance state, activists have had more success addressing the issue at the local level. Earlier this month, the Oakland, California, City Council gave final approval to a local ordinance that sets the stage to limit the acquisition and use of spy gear by law enforcement and other city agencies. Activists called it the strongest such ordinance in the country, saying it gives “Oakland communities the power to understand the technologies that are being proposed in the city and to have a voice in saying if, when and how surveillance is used in the city.” The new ordinance ensures there will be public not

...from Tenth Amendment Center The federal government is in the process of using America’s transportation system as a platform to create a massive surveillance network. A recent announcement by a municipal transit authority in Virginia sheds light on this plan and exposes how the feds develop partnerships with state and local governments, along with private organizations, to spy on millions of Americans. The Greater Richmond Transit Company (GRTC) recently announced plans to install more than 100 live surveillance cameras at stops along a rapid transit line. According to a WTVR report , GRTC plans to install approximately four cameras at 26 Pulse stops along Broad Street. The system will be live 24 hours a day and directly connected to the city’s 911 facility. The ACLU of Virginia opposes the system. The organization’s director of strategic communications said constant monitoring changes the nature of a community. “There’s very little evidence that this type of surveillance enhanc

...from Tenth Amendment Center PROVIDENCE , R.I. (May 24, 2018) – A bill filed in the Rhode Island Senate would legalize marijuana, setting the foundation to nullify federal cannabis prohibition in effect in the state. Sen. Joshua Miller (D-Cranston) introduced Senate Bill 2985 ( S2985 ) on May 16. The legislation would allow adults 21 or older to use, purchase or transport up to one ounce of marijuana. Individuals would be permitted to possess up to five ounces of marijuana in their homes. The bill would institute a 10 percent marijuana sales tax which would be levied in addition to the existing state sales tax. Violating the rules and regulations for possession and distribution of marijuana would still be considered a criminal offense under the law. Local communities could regulate but not ban cultivation facilities and manufacturing centers under S2985. Marijuana processors, retailers and transporters would have to be licensed by the state. “The general public consistently poll

...from Tenth Amendment Center ST. PAUL , Minn. (May 23, 2018) – A bill filed in the Minnesota House would legalize marijuana, setting the foundation to nullify federal cannabis prohibition in effect in the state. Rep. Mike Freiberg (DFL-Golden Valley) introduced House Bill 4541 ( HF4541 ) with 11 co-sponsors on May 20. The legislation would allow adults aged 21 or older to possess, use, purchase or transport up to one ounce of marijuana. Disobeying the rules and regulations for possession and distribution of marijuana would still be considered a criminal offense under the law. Local communities would be permitted to levy special regulations on retail marijuana stores, cultivation facilities and manufacturing centers as long as they don’t restrict them from operating. The health commissioner would be tasked to write regulations for processors, retailers and transporters under guidelines listed in the bill. Despite the federal prohibition on marijuana, measures such as HF4541 remai

...from Tenth Amendment Center This week, I was interviewed by Connor Boyack on his podcast, Society and the State . We discussed some general strategy, the annual State of the Nullification Movement Report, and specific state-by-state issues, including raw milk, asset forfeiture, right to try, and marijuana legalization. Connor is a former volunteer with the TAC and the president of Libertas Institute in Utah. He’s also the author of a series of fantastic books on liberty for kids, The Tuttle Twins – and an all-around great person. I really enjoyed the opportunity to be on his show. LISTEN: Here’s an overview of the show from Society and the State: When the U.S. Constitution was written, the balance of power between the states and the federal government they called into existence was very different. Under federalism, the states and the people were superior to the federal government in all but a very few, clearly enumerated areas. The framers drove this point home in the 10t

...from Tenth Amendment Center Any effort to rein in the drug war, stop warrantless surveillance or reform asset forfeiture laws will inevitably bring out fierce opposition from powerful law enforcement lobbyists. But not every cop opposes such reforms. In fact, you will find many police officers, sheriffs and deputies, corrections officers, federal agents, judges and prosecutors who take their constitutional oaths of office seriously and support criminal justice and public safety reforms. The Law Enforcement Action Partnership (LEAP) unites and mobilizes these law enforcement professionals in support of drug policy and criminal justice reforms. LEAP works to make communities safer by focusing law enforcement resources on the greatest threats to public safety. That means following local policing priorities, not serving as federal foot-soldiers in an unconstitutional national “War on Drugs.”  The organization also promotes alternatives to arrest and incarceration and works to addres

...from Tenth Amendment Center The Supreme Court has long held that states do not have to be active participants in the enforcement or effectuation of federal acts or regulatory programs. The basis for what is now known as the legal doctrine of “anti-commandeering” was the advice of James Madison, writing in Federalist #46 . There, he advised four primary tactics for individuals and states to effectively push back against federal overreach, including a “refusal to cooperate with officers of the Union.” The following are the five landmark cases where the Court has upheld this doctrine. In Prigg v. Pennsylvania (1842), Justice Joseph Story held that the federal government could not force states to implement or carry out the Fugitive Slave Act of 1793. He said that it was a federal law, and the federal government ultimately had to enforce it: The fundamental principle applicable to all cases of this sort, would seem to be, that where the end is required, the means are given; and

...from Tenth Amendment Center ST. LOUIS , Mo. (May 22, 2018) – The St. Louis City Board of Alderman will consider a local ordinance that would the stage to limit the acquisition and use of spy gear by law enforcement and other city agencies. The proposed law would also help limit the impact of the federal surveillance state. A group of aldermen and activists announced the proposed ordinance during a press conference earlier this month. The proposed law would require government agencies to get Board of Alderman approval before purchasing or using surveillance technology. The proposed ordinance would also require accountability reports for installation and continued use of any surveillance equipment. “This could not come at a more important time,” Alderwoman Cara Spencer said during the press conference . “As we start to implement mechanisms of surveillance, we have got to make sure that we are safeguarding the public and their rights to their own privacy.” According to a report in

...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 . The Constitution is a legal document with a fixed meaning. It was not intended to change with the shifting sands of public or judicial opinions. 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 May 21, 2018 at 11:51AM

...from Tenth Amendment Center BATON ROUGE , La. (May 21, 2018) – Last week, the Louisiana House gave final approval to three bills that would relax restrictions on medical marijuana for qualifying patients. Enactment of this legislation into law would further nullify marijuana prohibition in effect in the Pelican State. Rep. Rodney Lyons (D-Harvey) introduced House Bill 627 ( HB627 ) with 27 bipartisan co-sponsors to expand access to medical marijuana to individuals suffering from autism who exhibit certain symptoms. “The anecdotal evidence is wonderful and substantial and gives us all hope,” Katelyn Castleberry, a Louisiana resident with sons who suffer from autism,  told WDSU 6 News . “There are children who speak after being on medical cannabis. There are children whose nervous system settle down and their entire system is improved.” Rep. Ted James (D-Baton Rouge) introduced House Bill 579 ( HB579 ) to expand access to medical marijuana to individuals suffering from glaucoma,

...from Tenth Amendment Center CONCORD , N.H. (May 21, 2018) – Last week, New Hampshire Gov. Chris Sununu signed a bill into law requiring the state attorney general to produce an annual report detailing asset forfeitures in the state. The law takes a small step forward, but important provisions requiring reporting of federal asset forfeiture cases were stripped out of the legislation. Sen. Harold French introduced Senate Bill 498 ( SB498 ) earlier this year. As introduced, the legislation required the attorney general to produce a detailed annual report including specific information about every asset forfeiture case prosecuted in the state. The proposed law specifically required law enforcement agencies to report equitable sharing and the reason for proceeding under federal law in cases passed off to the federal government through an adoption process. A Senate committee amended out all of the specific reporting requirements. As passed SB498 merely requires the attorney general to

...from Tenth Amendment Center OAKLAND , Calif. (May 21, 2018) – Last Tuesday, the Oakland City Council gave final approval to a local ordinance that sets the stage to limit the acquisition and use of spy gear by law enforcement and other city agencies. The new ordinance ensures there will be public notice and debate before the city acquires or uses surveillance technology. Specifically, the new law requires all city entities to seek city council approval before purchasing or using any new surveillance technology or equipment, and before accepting grant funds for such gear. The new law creates a multi-step process. City agencies, including police, must submit a “surveillance use policy” to the Privacy Advisory Commission for consideration. The city council must then adopt the approved policy the technology can be purchased or operated. The ordinance includes specific criteria the city council must consider in order to determine if the benefits of the technology outweigh the costs.

...from Tenth Amendment Center PHOENIX , Ariz. (May 21, 2018) – Last week, Arizona Gov. Doug Ducey signed a bill into law legalizing the production of industrial hemp within a research pilot program. Although the law requires federal compliance, it could still be a first step toward developing a full-fledged hemp industry in the state. Sen. Sonny Borrelli introduced Senate Bill 1098 ( SB1098 ) in January. The law creates a licensing program for the cultivation of industrial hemp “as part of an agricultural pilot program for the purpose of research into the growth, cultivation and marketing of industrial hemp as authorized by the Agricultural Act of 2014.” SB1098 passed the Senate by a 29-0 vote , and the House approved the measure 56-3 . With the governor’s signature, the law will go into effect Aug. 3, 2018. While Arizona’s research only hemp program will not allow a hemp industry to develop in the state, it takes a small step in that direction. In fact, it’s highly unlikely the

...from Tenth Amendment Center The  first installment  in this series reviewed highlights from the recently-issued Volume 27 of the  Documentary History of the Constitution of the United States , which covers South Carolina. This second installment continues with highlights from Volume 28, which covers New Hampshire. New Hampshire was a small state, but its ratification was significant. It was one of only two states—the other was North Carolina— whose convention adjourned rather than approve the Constitution. The New Hampshire convention, like its North Carolina counterpart, later re-assembled for purposes of ratifying. (Rhode Island initially rejected the document in a referendum, but later ratified by convention.) The initial session of the New Hampshire convention met in February, 1788. When it reconvened and ratified the following June, it made New Hampshire the ninth state to approve the document, bringing it to life for the ratifying states. As I explain in my book,  The Orig