Tenth Amendment Remembered

...from Tenth Amendment Center When President Trump nominated Neil Gorsuch and Brett Kavanaugh to the Supreme Court, it was widely claimed he was appointing “originalists.” What is an originalist? Although originalists disagree among themselves over some details, they share one core belief: The courts should read the U.S. Constitution much the same way they read other documents. Judges should not create special exceptions to accommodate politicians or favored groups. The standard rules for interpreting legal documents—often called “ canons of construction ”—are centuries old. Some date  as far back as the Roman Empire . Originalism is how the Founders expected the Constitution to be interpreted. If you examine the  Federalist Papers , you’ll find occasional references to the canons of construction. Most of the canons are designed to serve  one fundamental principle : They help us understand a document the same way the document’s creators understood it. This basic p...

...from Tenth Amendment Center The Constitution is really just a series of suggestions. At least that’s how most American treat it. The concept of a “Living Breathing Constitution” is the biggest enduring myth in America’s political narrative. It used to be primarily a left-wing dogma. But in the era of Trump, an awful lot of people on the right have embraced the myth as well. A few weeks ago, I posted an article by KrisAnne Hall about the illegitimacy of presidential “emergency powers.” But I was told the constitutional argument wasn’t really important. After all, we’re faced with a “crisis” at the border and it’s imperative that the president deals with it. Surely there is wiggle-room in the Constitution for the president to act. We can’t be dogmatic at times like this. The Constitution was meant to flex with the times! No. No, it wasn’t. The powers delegated to the federal government, and distributed among its three branches, were set in stone. As I have explaine...

...from Tenth Amendment Center You might find this surprising. I used to proudly describe myself as a Marxist.  Hearing about airline bailouts in late 2001, I thought, quite smugly, “if government is bailing them out, it should just own them!” I really was that foolish. You’ve met plenty of people who think today like I did back then, right?… Michael Boldin January 28, 2019 at 01:42PM

...from Tenth Amendment Center Criticisms of the Electoral College are regularly repeated in Democratic-controlled  state legislatures . Those criticisms derive largely from ignorance as to why the Founders adopted the system they did. For example, it is not true, as some  claim , that the Founders acted only out of distrust of democracy. Rather, the system was a brilliant response to a complicated set of issues — issues remaining with us today. When the framers wrote the presidency into the Constitution, they created an office unlike any created before. The president was to be a single republican chief executive, exercising real power, and doing so within a true federal system with strong states. Indeed, even today the office remains almost unique: Many Western style governments are parliamentary rather than presidential. Most of the presidential governments are unitary, or nearly unitary, rather than federal. Having created a unique office, the Founders needed an adeq...

...from Tenth Amendment Center Thirty-three states have effectively nullified federal marijuana laws. U.S. Attorney General nominee William Barr said so during his confirmation hearing when he called the current system “back door nullification.” Back door or front door, the practical effect is the same — the feds can’t enforce federal prohibition. Barr affirmed the effectiveness of state nullification when he said he would reverse a policy implemented by former Attorney General Jeff Sessions and the Department of Justice would not prosecute marijuana users, cultivators or businesses in states that have legalized cannabis. In early 2018, Sessions rescinded the Cole Memo , an Obama-era order that directed prosecutors to take to take a somewhat hands-off approach in states that have legalized marijuana. While asserting that marijuana is illegal under federal law, the directive prioritized enforcement based on several criteria including preventing the distribution of marijua...

...from Tenth Amendment Center When President Trump signed legislation legalizing industrial hemp into law, it was a huge win for liberty. And it happened because state’s acted first. Make no mistake; hemp isn’t federally legal now because Congress suddenly embraced the Constitution. Politicians in Washington D.C. didn’t drink some magic elixir that turned them into liberty-lovers. Congressional leadership didn’t wake up one morning and say, “Hey, I think we need to let go of some of our unconstitutional power.” Nope. Hemp is legal now because states nullified federal prohibition years ago. Up until 2014, it was pretty much impossible to legally grow hemp in the U.S. Farmers had to get a permit from the DEA, a nearly impossible feat. In 2014, provisions in the farm bill signed by President Obama opened the door for hemp. It allowed hemp production, but for research purposes only. Commercial production was still illegal. Even before the 2014 farm bill, a number of s...

...from Tenth Amendment Center PIERRE , S.D. (Jan. 11, 2019) – A “Constitutional Carry” bill introduced in the South Dakota House would make it legal to carry a firearm without a license in the state, fostering an environment hostile to federal gun control. Sen. Lance Russell (R-Hot Springs) introduced Senate Bill 38 ( SB38 ) on Jan. 6, with eight cosponsors from both chambers. The bill seeks to repeal numerous sections of state law requiring state residents to have a license in order to carry a concealed weapon, while still allowing county sheriffs to issue permits. Under current state law , residents are required to have a conceal carry license to have a weapon in their vehicle. Former Gov. Dennis Daugaard rejected similar measures in the past, but with the election of Kristi Noem, supporters hope the legislation can be signed into law this time around. Gun shop owner Brandon Maddox told news station KSFY that a concealed carry permit is redundant. “I think that the secon...

...from Tenth Amendment Center The border wall – and the partial “shutdown” is getting coverage all over. On this episode of Good Morning Liberty, Michael Boldin ( follow ) discusses the views of three experts on the issue – one constitutional attorney and two constitutional scholars and law professors. They all take a different approach but come to similar conclusions.. PODCAST VERSION Subscribe: iTunes | Google Play | Spotify | RSS ALTERNATE VIDEO SOURCES Watch on Bitchute Watch on Brighteon Watch on Keyport.tv Watch on Bit.tube SHOW LINKS: Is a Presidential “State of Emergency” Constitutional? The Border Wall and Presidential Emergency Powers Using emergency powers to seize property and build the wall would set a horrible precedent All Show Archives Here FOLLOW and SUPPORT TAC: Become a Member: http://tenthamendmentcenter.com/members/ Email Newsletter: http://tenthamendmentcenter.com/register RSS: http://feeds.feedburner.com/tacdailydigest Brave: Use Brave Br...

...from Tenth Amendment Center SANTA FE , N.M. (Jan. 11, 2019) – A bill prefiled in the New Mexico Senate would limit the warrantless use of stingray devices to track people’s location and sweep up electronic communications, and more broadly protect the privacy of electronic data. The proposed law would also hinder the federal surveillance state. Sen. Peter Wirth (D) filed Senate Bill 199 ( SB199 ) on Jan. 8. Titled the “Electronic Communications Privacy Act,” 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. The bill would require police to obtain a warrant or wiretap order before deploying a stingray device, unless they have the explici...

...from Tenth Amendment Center BISMARCK , N.D. (Jan. 11, 2019) – A bill introduced in the North Dakota House would reform the state’s asset forfeiture laws to prohibit the state from taking a person’s property without a criminal conviction in most situations. Passage of the bill would also effectively close a federal loophole that allows police to circumvent more strict state forfeiture laws by passing cases off to the feds. A coalition of 12 Republicans, including Senate President Pro Tempore and Majority Caucus Leader David Hogue, introduced House Bill 1286 ( HB1286 ) on Jan. 3. Under the proposed law, the state could not proceed with asset forfeiture until the owner of the property has been convicted of or pled guilty to a criminal offense in most cases. HB1286 would also raise the standard of proof necessary in forfeiture cases to “clear and convincing evidence.” The bill would also fully close the federal “equitable sharing” loophole in North Dakota with the followin...

...from Tenth Amendment Center PROVIDENCE , R.I. (Jan. 10, 2019) – A bill introduced in the Rhode Island House would prohibit “roadway surveillance,” including the use of automatic license plate readers (ALPRs) without a warrant in most situations. Passage into law would 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. A coalition of four Democrats introduced House Bill 5042 ( H5042 ) on Jan. 9. The legislation would prohibit “roadway surveillance” and bar police from using  ALPRs   unless “undertaken by law enforcement in the investigation of a particular violation, misdemeanor, or felony pursuant to a warrant or court order based on probable cause.” H5402 defines “roadway surveillance” as: “The act of determining the ownership of a motor vehicle or the identity of a motor vehicle’s occupants on the public roadways of the stat...

...from Tenth Amendment Center A recent  article  in the Mohave Valley Daily News revealed that the Arizona Department of Homeland Security is using grant money to equip Arizona police departments with military-grade sound cannons or Long Range Acoustic Devices (LRAD). The Bullhead City Police Department received $54,000 in grant money to purchase a  100X model  and a  450XL modelLRAD . The mass media has known about Arizona DHS’s plan to equip police departments with LRADs for more than a decade but has remained largely silent. A Washington Times   article  from 2009, titled “DHS helps local police buy military-style sonic devices” warned everyone that military-grade sound cannons, funded in part by federal homeland security grants, are being used against Americans. “With the help of Homeland Security grants, police departments nationwide looking to subdue unruly crowds and political protesters are purchasing a high-tech device originally used...

...from Tenth Amendment Center BISMARCK , N.D. (Jan. 9, 2019) – A bill introduced in the North Dakota House would set the foundation to nullify federal gun control in practice and effect, and put North Dakota on the path to becoming a gun sanctuary state. A coalition of 12 Republican representatives and senators, including assistant majority leader Rep. Scott Louser, introduced House Bill 1309 ( HB1309 ) on Jan. 3. The legislation would bar any state agency, political subdivision, law enforcement officer or state employee from contracting with or providing assistance to a federal agency or official in the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition in most situations. State agencies could only cooperate with enforcement of a federal gun law if the offense also violates state law or if the federal agency appeals to the state district court of the county in which the v...

...from Tenth Amendment Center The 2019 state legislative session is barely underway and already there are 5 states considering legislation to take on asset forfeiture. On this episode of Good Morning Liberty, Michael Boldin ( follow ) gives an overview of both state and federal asset forfeiture programs – and reports on the state efforts to stop them. PODCAST VERSION Subscribe: iTunes | Google Play | Spotify | RSS ALTERNATE VIDEO SOURCES Watch on Bitchute Watch on Brighteon Watch on Keyport.tv Watch on Bit.tube SHOW LINKS: Asset Forfeiture: An Overview What Is Equitable Sharing? Missouri HB444 Texas HB404 Indiana SB97 North Dakota HB1286 Virginia HB2096 All Show Archives Here FOLLOW and SUPPORT TAC: Become a Member: http://tenthamendmentcenter.com/members/ Email Newsletter: http://tenthamendmentcenter.com/register RSS: http://feeds.feedburner.com/tacdailydigest Brave: Use Brave Browser for Privacy and Help Support TAC YouTube: https://www.youtube.com/user/...

...from Tenth Amendment Center ALBANY , N.Y. (Jan. 9, 2019) –  A bill filed in the New York state Senate would end Common Core in schools throughout the state. Sen. Andrew Lanza (R-Staten Island) introduced Senate Bill 421 ( S421 ) on Jan. 9. The legislation would discontinue Common Core educational standards in New York state. “Notwithstanding any provision of law to the contrary, the department shall discontinue implementation of the common core state standards developed by the common core state standards initiative. Any actions taken to adopt or implement the common core state standards are void.” There has been a strong backlash against Common Core in New York, with  thousands of parents opting their kids out of associated standardized testing . While the proposed law would technically end Common Core in New York, the process is not without potential pitfalls. As  Shane Vander Hart at Truth in American Education  said about a similar bill passed in ...

...from Tenth Amendment Center At Balkinization, John Fabian Witt (Yale) (guest blogging):  National Emergencies, Then and Now .  From the introduction: As most readers of this blog will have seen, President Trump said on Friday that he was considering declaring a national emergency to build a wall on the southern border, despite congressional refusal to fund such a wall.  On Sunday, the White House chief of staff confirmed the story, telling CNN’s Jake Tapper that the administration is well along in the planning stages of using presidential emergency powers to accomplish what Congress will not allow.  Today, Trump’s emergency proposal is the lead story in the news. Some critics, including my colleague Bruce Ackerman, have  leapt too quickly to the conclusion  that such a move would be lawless and might even subject wall-builders to criminal prosecution.  Others have claimed that it would be  tantamount to tyrannical rule by d...

...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 . They don’t teach this in government schools. The Michigan Personal Freedom Act of 1855 defied the hated fugitive slave act and helped nullify it in practice. ALTERNATE SOURCES Watch on Brighteon Watch on Bitchute Watch on Keyport.tv Watch on Bit.tube FOLLOW and SUPPORT TAC: Become a Member:  http://tenthamendmentcenter.com/members/ Email Newsletter:  http://tenthamendmentcenter.com/register RSS:  http://feeds.feedburner.com/tacdailydigest Brave:  Use Brave Browser for Privacy and Help Support TAC YouTube:  https://www.youtube.com/user/TenthAmendmentCenter Twitter:  http://twitter.com/tenthamendment Facebook:  https://www.facebook.com/tenthamendmentcenter Bitchute:  https://www.bitchute.com/channel/X0AJnBhWbCkx/ Minds:  https://www.minds.com/TenthAme...