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Tenth Amendment Center: Who Decides? James Madison on Interpreting the Constitution

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September 25, 2020

...from Tenth Amendment Center

For the “Father of the Constitution,” giving interpretive supremacy to any one branch would destroy the separation of powers. So who decides? Under Madisonian view – everybody.

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The post Who Decides? James Madison on Interpreting the Constitution first appeared on Tenth Amendment Center Blog.

Michael Boldin
September 25, 2020 at 12:12PM

Tenth Amendment Center

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Tenth Amendment Center: Medical Firearm “Silencers” in Missouri? New Bill Sets the Stage

January 13, 2019

...from Tenth Amendment Center JEFFERSON CITY , Mo. (Jan. 7, 2018) – A bill prefiled in the Missouri House would allow people with a medical waiver to possess firearm sound suppressors, partially nullifying some federal regulations in practice and effect. Rep. Ron Hicks (R-Dardenne Prairie) filed House Bill 302 ( HB302 ) on Dec. 18. Under the proposed law, persons with significant hearing loss could legally possess a firearm sound suppressor, commonly referred to as a silencer. Any person with a written certificate from a licensed medical doctor, otologist, or neurotologist attesting that the person has significant hearing loss and that a firearm silencer would be beneficial to preserve the person’s remaining hearing could legally possess a firearm sound suppressor under state law. Currently, Missouri enforces federal regulations on firearm sound suppressors by making their possession in violation of federal law a state crime. Passage of HB302 would end all state enforcement of fe...

Tenth Amendment Center: Rhode Island Bill Would Limit ALPR Use, Help Block National License Plate Tracking Program

January 13, 2019

...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...

Tenth Amendment Center: Hamilton: The Liar

November 03, 2017

...from Tenth Amendment Center Republicans unveiled their tax plan in September to mixed reviews. That was to be expected. It hasn’t gotten any better in recent weeks. Americans generally want lower taxes. They also want the Republican Party to do something they promised while begging for votes. Let’s not ask for too much. One called on the Rush Limbaugh Show in late September suggested that people read Federalist No. 21 to understand why taxes should be lowered. Hamilton, this caller said, showed us the light. Limbaugh joked that he rapped it. Either way, here is Hamilton entering another modern debate. There is now an app for that , unfortunately. Hamilton proposed in Federalist No. 21 that “indirect” taxes, meaning tariffs, should be used more extensively than direct because direct taxes created substantial problems for an economy. The modern income tax is a direct tax. Except we shouldn’t listen to Hamilton. He didn’t mean it. Less t...

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Tenth Amendment Center: Medical Firearm “Silencers” in Missouri? New Bill Sets the Stage

January 13, 2019

...from Tenth Amendment Center JEFFERSON CITY , Mo. (Jan. 7, 2018) – A bill prefiled in the Missouri House would allow people with a medical waiver to possess firearm sound suppressors, partially nullifying some federal regulations in practice and effect. Rep. Ron Hicks (R-Dardenne Prairie) filed House Bill 302 ( HB302 ) on Dec. 18. Under the proposed law, persons with significant hearing loss could legally possess a firearm sound suppressor, commonly referred to as a silencer. Any person with a written certificate from a licensed medical doctor, otologist, or neurotologist attesting that the person has significant hearing loss and that a firearm silencer would be beneficial to preserve the person’s remaining hearing could legally possess a firearm sound suppressor under state law. Currently, Missouri enforces federal regulations on firearm sound suppressors by making their possession in violation of federal law a state crime. Passage of HB302 would end all state enforcement of fe...

Tenth Amendment Center: Rhode Island Bill Would Limit ALPR Use, Help Block National License Plate Tracking Program

January 13, 2019

...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...

Tenth Amendment Center: Hamilton: The Liar

November 03, 2017

...from Tenth Amendment Center Republicans unveiled their tax plan in September to mixed reviews. That was to be expected. It hasn’t gotten any better in recent weeks. Americans generally want lower taxes. They also want the Republican Party to do something they promised while begging for votes. Let’s not ask for too much. One called on the Rush Limbaugh Show in late September suggested that people read Federalist No. 21 to understand why taxes should be lowered. Hamilton, this caller said, showed us the light. Limbaugh joked that he rapped it. Either way, here is Hamilton entering another modern debate. There is now an app for that , unfortunately. Hamilton proposed in Federalist No. 21 that “indirect” taxes, meaning tariffs, should be used more extensively than direct because direct taxes created substantial problems for an economy. The modern income tax is a direct tax. Except we shouldn’t listen to Hamilton. He didn’t mean it. Less t...

Tenth Amendment Center: Maryland Bill Would Require Police to Get a Warrant Before Accessing Smart Meter Data

December 26, 2017

...from Tenth Amendment Center ANNAPOLIS , Md. (Dec. 26, 2017) – A bill prefiled in the Maryland House would require police to get a warrant before obtaining any information collected by “smart meter” technology. Passage of the bill would help protect privacy and ensure personal information doesn’t end up stored in federal databases. Del. Alfred Carr (D-18) prefiled House Bill 56 ( HB56 ) in October. The legislation would prohibit law enforcement officers from obtaining utility data recorded by a smart meter without a search warrant. Smart meters monitor home energy usage in minute detail in real time. The devices transmit data to the utility company where it gets stored in databases. Anybody with access to the data can download it for analysts. Without specific criteria limiting access to the data, these devices create significant privacy issues. Privacy Concerns The proliferation of smart meters creates significant privacy concerns. The data collected can tell anybody who hold...

Tenth Amendment Center: The Constitution Isn’t Silly Putty, Even Though They Treat it that Way

March 12, 2018

...from Tenth Amendment Center I loved playing with Silly Putty when I was a kid. My favorite Silly Putty activity involved pressing it onto newsprint. The putty would pick up whatever was underneath – creating a mirror image. I thought it was a hoot to press it on the Sunday comics and get a copy of Snoopy or Beetle Baily. Then I would pull the edges of the Silly Putty and distort the picture into all kinds of weird contortions. A lot of people think the Constitution is like Silly Putty. They think they can stick it onto whatever political opinion they like and the Constitution will “pick it up.” They also think they can shape it and pull it into whatever form they like. I’m seeing this mentality a lot in the gun current gun debate. Supporters of federal gun control are proposing all kinds of interpretations of the Second Amendment that have no basis in fact. Failing that argument, they’ll just claim the Constitution is malleable and was meant to change with the times. A viral ar...

Tenth Amendment Center: Tennessee Legislature Rejects Strict Restrictions on Asset Forfeiture, Keeps Federal Loophole Wide Open

April 25, 2018

...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 Hou...

Tenth Amendment Center: Dallas Event Will Highlight Nullification

September 14, 2018

...from Tenth Amendment Center Is nullification just a talking point? Or is it a real solution to modern problems? An event in Dallas this November will take on this question. The secession of 15 states from the Soviet Union in 1991 was the greatest peaceful revolution in modern history. Secession and decentralist movements are firmly entrenched throughout Europe. Discourse about secession and state interposition to federal tyranny has become mainstream in America on both the political left and right. Are we witnessing a paradigm shift away from runaway centralization? The Abbeville Institute is putting on a live event to discuss these issues. Tenth Amendment Center founder and executive director Michael Boldin will talk about the state of the nullification movement. Other scheduled speakers include Mises Institute President Jeff Deist, Emory University history professor Dr. Donald Livingston, former Oklahoma state representative and gubernatorial ...

Tenth Amendment Center: Fact: Rights are not Gifts from Government.

November 28, 2018

...from Tenth Amendment Center This blog is featured in the latest Tenther newsletter, which everyone in the nullification movement gets daily or weekly. Be one of them – and Become a member here to support the TAC. A lot of people misunderstand the nature of their rights. The source. To the Founders, an understanding of NATURAL RIGHTS was essential. These rights pre-exist any government or document or decree. They knew that when the people view and understand their rights as a birthright rather than a gift from government , they’re much more likely to ignore government attempts to restrict or end them. Thomas Jefferson put it this way: “A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” In other words, we the people need to learn how to exercise our rights whether the government wants us to or not. At the Massachusetts ratifying convention, Theophilus Parsons reinfor...

Tenth Amendment Center: Joint Law Enforcement Task Forces are Creating a National Police State

April 16, 2020

...from Tenth Amendment Center Through the proliferation of joint law enforcement task forces, the federal government is creating a national police force that operates in a legal twilight zone with little or no oversight. Law enforcement officers from various state, local and federal law enforcement agencies make up these joint task forces. The concept evolved out of the unconstitutional “War on Drugs” launched by President Richard Nixon. The first multi-jurisdictional task forces were put together in the 1970s. Dan Baum chronicled the evolution of these multi-jurisdictional police forces in his book, Smoke and Mirrors: The War on Drugs and the Politics of Failure . Radley Balko summarized Baum’s description of the origins of these task forces in a Washington Post article writing, “Nixon wanted ‘strike forces’ that could kick down doors and put the fear of God into drug offenders without burdensome hurdles like the Fourth Amendment or the separation of powers.” Initially, many ...

Tenth Amendment Center: Tennessee Bills Would Require Courts to Fully Inform Juries

February 06, 2019

...from Tenth Amendment Center NASHVILLE , Tenn. (Feb. 5, 2019) – Bills filed in the Tennessee legislature would require state courts to fully inform jurors of their right to use discretion in rendering verdicts. Sen. Frank Nicely (R-Strawberry Plains) filed Senate Bill ( SB369 ) on Jan. 30. Rep. Martin Daniel (R-Knoxville) filed a companion bill ( HB368 ) the following day. Under the proposed law, courts would be required to fully inform jurors of their rights at the request of a defendant’s attorney using the following language. “If you have a reasonable doubt as to whether the state has proven any one (1) or more of the elements of the crime charged, you must find the defendant not guilty. However, if you find that the state has proven all the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty. Even if you find that the state has proven all of the elements of the offense charged beyond a reasonable doubt, you may still find that bas...

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Tenth Amendment Center: Who Decides? James Madison on Interpreting the Constitution

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