Tenth Amendment Remembered

...from Tenth Amendment Center Today in history, on Jan 31, 1801, John Marshall was appointed the Chief Justice of the United States by President John Adams. Nominated at a time of severe partisan discord, Adams hoped Marshall’s appointment would help to counteract the influence of the Jeffersonian Republicans and prolong the political influence of the Federalist Party beyond the confines of electoral consequences. Under the Marshall Court, the Supreme Court determined that federal judges could ostracize the executive office for taking a different constitutional position regarding the exercise of his own duties than the judiciary (Marbury v. Madison), that politically corrupt land purchase agreements were mutually binding contracts (Fletcher v. Peck), that Congress’ role to regulate commerce between states extended to goods transported on navigable waters (Gibbons v. Ogden), that Indian nations that were previously treated as sovereign entities for the purposes of treaties had no ...

...from Tenth Amendment Center SANTA FE , N.M. (Jan. 31, 2020) – On Wednesday, a New Mexico Senate committee passed a bill to legalize marijuana for general use in the state despite federal prohibition. A coalition of three Democrats introduced Senate Bill 115 ( SB115 ) on Jan. 21. The legislation would enact a comprehensive plan for regulation and licensing of commercial cannabis production and distribution. It would legalize the sale and possession of up to two ounces of marijuana flowers or 16 grams of extract by persons age 21 or older. Under the proposed law, unrestricted commercial sales would begin January 1, 2022, but existing medical cannabis licenses could begin selling to other non-medical consumers beginning January 1, 2021, On Jan. 29, the Senate Public Affairs Committee passed SB115 by a 4-3 margin . EFFECT ON FEDERAL PROHIBITION Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of ...

...from Tenth Amendment Center On Thursday, the House passed an amendment to repeal the 2002 Iraq AUMF. The administration is vehemently opposed and will likely veto. But under the Constitution, which branch makes this decision, or is it both? Path to Liberty, Fast Friday Edition: January 31, 2020 PODCAST VERSION Subscribe: iTunes | Google Play | Stitcher | Spotify | RSS SHOW LINKS: JOIN TAC Show Archives Subscribe and Review on iTunes House of Representatives passes two measures limiting Trump’s ability to go to war with Iran House Vote Today: Can Congress Prevent War On Iran? Barbara Lee Press Release Roll Call 34 Statement of Administration Policy Refuting Lies: Iran, War and the Constitution James Madison Helvidius No 1 ALTERNATE VIDEO SOURCES Watch on Brighteon Watch on Bitchute Watch on BitTube Watch on Twitch.tv Watch on Periscope Watch on Facebook Watch on DLive FOLLOW and SUPPORT TAC: Become a Member: http://tenthamendmentcenter.com/members/ Em...

...from Tenth Amendment Center The year 2020 is the four hundredth anniversary of the Mayflower Compact. The Compact, signed by forty-one Pilgrim Fathers in 1620, was the first in a series of documents memorializing deliberate self-government in America. Self-government is at the heart of the American experiment. Historically, it is far more important than some other institutions (such as slavery) that have received more attention recently. Although there were limited efforts in ancient Greece, self-government was perfected in America. Perhaps more than any other institution, freedom and self-government have defined this country. They continue to inspire and motivate people throughout the world: Observe the prominence of  American flags  these days among the brave people of Hong Kong. The Mayflower Compact founded Plymouth Colony, the second permanent settlement in the original thirteen states. By signing it, the parties did two things: First they set forth their common ...

...from Tenth Amendment Center JEFFERSON CITY , Mo. (Jan. 30, 2020) – Yesterday, a Missouri House committee passed a bill that would legalize retail sales of raw milk in the state and take a step toward nullifying a federal prohibition scheme in effect. Rep. Ann Kelley (R-Lamar) filed House Bill 1335 ( HB1335 ) in December. The legislation would legalize retail sales of raw milk or cream produced in Missouri at grocery stores, restaurants, soda fountains, or similar establishments, as long as the milk is clearly marked with a specified warning label. Currently, Missouri law only allows the sale and delivery of raw milk directly from farm to consumer. On Jan. 29, the House Agricultural Policy Committee approved HB1335 with a do-pass recommendation. Final passage of HB1335 would not only take another step toward opening up the raw milk market in the state; it would also move forward efforts to nullify a federal raw milk prohibition scheme. Impact on Federal Prohibition FDA offic...

...from Tenth Amendment Center HONOLULU , Hawaii (Jan. 30, 2020) – A bill introduced in the Hawaii House would reform asset forfeiture laws to prohibit the state from taking property without a criminal conviction in most cases. But the legislation leaves a loophole in place allowing police to circumvent stricter state laws by passing cases off to the feds. A coalition of 13 Democrats introduced House Bill 2069 ( HB2069 ) on Jan 21. The legislation would reform Hawaii’s asset forfeiture laws to require a conviction before prosecutors could move forward with forfeiture proceedings. The proposed law also addresses the “policing for profit” motive inherent in the current process by directing all forfeiture proceeds to the state’s general fund. Under current law, 25 percent of forfeiture funds go to police agencies, 25 percent to prosecuting attorneys and 50 percent to the attorney general. The Institute for Justice  calls Hawaii’s asset forfeiture laws  “among the nation’s wo...

...from Tenth Amendment Center As the unconstitutional war in Afghanistan marches toward the end of its second decade, the Trump administration has upped the death and destruction raining down from Afghani skies to decade-high levels. According to the latest data released by the U.S. Air Force Central Command , the U.S. military dropped 7,423 bombs on Afghanistan in 2019. As the Military Times put it , “U.S. aircraft are bombing the hell out of the Taliban and other militants.” It’s the highest number of bombs dropped in the Afghanistan war in nearly 10 years. To put the number in perspective, the Air Force dropped 5,100 bombs in 2010 and 5,411 in 2011, at the height of Pres. Barack Obama’s troop surge. In a recent report to Congress, the Pentagon revealed that it kicked off plans last fall to “intensify pressure” on the Taliban and force it into a settled negotiation to end the war. This is just the latest on a long list of operations and initiatives to end the war that has no...

...from Tenth Amendment Center Today in 1834, President Andrew Jackson called forth soldiers to suppress a labor dispute for the first time. The event was considered to be a bold, unprecedented extension of executive authority. After workers on the Chesapeake and Ohio Canal rioted over working conditions, the government of Maryland begged President Jackson for federal assistance, hastily interpreting the matter as a rebellion against the state’s civil authority. He responded immediately by calling his secretary of war to order sufficient military resources to “put down the riotous assembly.” In doing so, Jackson intruded upon executive boundaries. Although the Constitution allows states to appeal to the general government to suppress rebellions and insurrections, the strikers never threatened to overthrow the state government, and the power to call up such forces is rigidly confined to Congress. Jackson’s hasty move, therefore, seemed like an act of overreach. Jackson’s deed, alo...

...from Tenth Amendment Center Well-crafted non-binding resolutions can play an important part in a strategy to stand for liberty on virtually any issue. On this episode, Michael Boldin will talk about some of the core principles that make up a “well-crafted resolution,” and share what he sees as the best model “2nd Amendment” resolution available to date. By a mile. Path to Liberty: January 29, 2020 PODCAST VERSION Subscribe: iTunes | Google Play | Stitcher | Spotify | RSS SHOW LINKS: JOIN TAC Show Archives Subscribe and Review on iTunes Virginia 2nd Amendment Sanctuaries: Rhetoric vs Reality Resolutions: A Starting Point for Thomas Jefferson, James Madison and John Dickinson The Kentucky and Virginia Resolutions Were Just a Starting Point Publius Huldah’s model resolution ALTERNATE VIDEO SOURCES Watch on Brighteon Watch on Bitchute Watch on BitTube Watch on Twitch.tv Watch on Periscope Watch on Facebook Watch on DLive FOLLOW and SUPPORT TAC: Become a Memb...

...from Tenth Amendment Center WALDRON , Ark. (Jan. 28, 2020) – The Scott County, Arkansas County Quorum Court unanimously passed an ordinance making the county a “Bill of Rights sanctuary.” All nine members of the Quorum Court sponsored the ordinance and passed it unanimously. The bill declares Scott County a Bill of Rights Sanctuary County. Practically speaking the legally binding ordinance prohibits any   agent, department, employee or official of Scott County, while acting in their official capacity, from knowingly and willingly participating in any way in the enforcement of any unlawful or unconstitutional act regarding the freedom of religion, freedom of speech, freedom of the people to peaceably assemble, freedom of the press, freedom to petition the government for a redress of grievances, or the right of the people to keep and bear arms. The ordinance lists specific acts defined as unlawful or unconstitutional, primarily relating to firearms. Any tax, levy, fee, or s...

...from Tenth Amendment Center It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional. What Article VI of the Constitution does say, however, is that (a) the Constitution is the supreme law of the land and (b) judicial officers (among others) are under Oath to support the Constitution. So what are the logical implications of the foregoing? That when an act of Congress violates the Constitution, and the issue is brought before a court in a lawsuit, it is the sworn duty of the Court to side with the Constitution and against Congress. Let me give an illustration: Say Congress passes a law requiring all Jews to wear yellow armbands with the Star of David in black, and requiring all Christians to wear white armbands with the cross in black. And Congress makes it a felony for a Jew or Christian to leave their homes without wearing the arm bands. You – a Jew or Christian – go outside witho...

...from Tenth Amendment Center ALBANY , N.Y. (Jan. 29, 2020) – A bill introduced in the New York Senate would ban police use of facial recognition and other biometric surveillance technologies. The proposed law would not only help protect privacy in New York; it would also hinder one aspect of the federal surveillance state. Sen. Brad Hoylman (D-Manhattan) introduced Senate Bill 7572 ( S7572 ) on Jan. 27. The legislation would ban state and local police in New York from acquiring, possessing, accessing, installing, activating or using any biometric surveillance system, or any biometric information or surveillance information derived from the use of a biometric surveillance system by any other entity. Under the proposed law, biometric surveillance systems include facial recognition technology, along with automated systems that can identify an individual through their voice, gait, retina scans and other biological data. The bill would not restrict the use of other existing lawful pr...

...from Tenth Amendment Center HONOLULU , Hawaii, (Jan. 28, 2020) – A bill introduced in the Hawaii House would exempt the sale of gold and silver bullion from the state excise tax. Enactment of this legislation would eliminate one barrier to using gold and silver in everyday transactions, a foundational step for people to undermine the Federal Reserve’s monopoly on money. A coalition of four Republicans introduced House Bill 1830 ( HB1830 ) on Jan. 17. The legislation would exempt the gross proceeds or income arising from the sale of precious metal bullion within Hawaii from the state excise tax. The bill defines precious metal bullion as “coins, bars, or rounds, minted primarily of refined gold, silver, or other precious metals, that are marked and valued by their weight, purity, and content; or minted by a government authority. IN PRACTICE With the passage of HB1830, Hawaii would take a step toward treating gold, silver, platinum and palladium as money instead of commodities. ...