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Tenth Amendment Center: A Living Breathing Constitution Is Silly

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October 28, 2020

“But Mike,” you might say, “We the Constitution has to change with the times. The founders could have never imagined computers or airplanes.”

This isn’t wrong. But there is in fact a way for the Constitution to “change with the times” without the living-breathing silliness relied on by people who are really just interested in a simple way to expand government power.

A "living, breathing" constitution is really a dead one.

@mmaharrey10th #truth #constitution #liberty #10thAmendment pic.twitter.com/NOZjNanmXY

— TenthAmendmentCenter (@TenthAmendment) October 27, 2020

For Further Reading

Constitution 101: Living and Breathing Is the Same as Dead

Nine Reasons the “Living, Breathing” Constitution View Is a Lie

The post A Living Breathing Constitution Is Silly first appeared on Tenth Amendment Center Blog.

Mike Maharrey
October 28, 2020 at 03:17PM

Tenth Amendment Center

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Tenth Amendment Center: Was Justice Scalia an Old Originalist?

September 28, 2017

...from Tenth Amendment Center One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a provision and a belief that significantly constraining judges is essential to the task of originalism. The newer originalisms – I use the term “newer originalisms” rather than the “new originalism” because new versions of originalism differ from one another – have abandoned these two characteristics. The newer originalisms tend to focus on the original public meaning – focusing on a more textual than intentionalist approach. And the newer originalisms no longer hold (or act like) significantly constraining judges is essential. If the original meaning is permissive – if it is unclear, vague, or delegates power to judges – then that is the original meanin

Tenth Amendment Center: Thomas Jefferson’s Vision: Top-15 Quotes on the Constitution and Liberty

October 30, 2020

...from Tenth Amendment Center From the foundation of the Constitution – to foundational principles of liberty – and even some strategy to support and advance both – the top-15 quotes from the Sage of Monticello. Path to Liberty, Fast Friday Edition: October 30, 2020 Subscribe: Apple | Spotify | Podbean | Google | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Foundational Principles Free People – Summary View Rights of British America (1774) Elective Despotism – Notes on the State of Virginia (1784) Party – Letter to Francis Hopkinson (13 Mar 1789) Tyrant’s Will – Letter to Issac H. Tiffany (4 Apr 1819) Aggression – Letter to Francis Gilmer (7 Jun 1816) Constitutional structure Foundation (15 Feb 1791) True theory – Letter to Gideon Granger (13 Aug 1800) Exclusive or Final Judge & Whensoever (1798) Warnings What has Destroyed Liberty – Letter to Joseph C. Cabell (2 Feb 1816) Oligarchy – Letter to Charles Jarvis (28 Sep

Tenth Amendment Center: Permission not Required: “Constitutional Carry” Bill Introduced in South Dakota

January 13, 2019

...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 second am

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Tenth Amendment Center: Was Justice Scalia an Old Originalist?

September 28, 2017

...from Tenth Amendment Center One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a provision and a belief that significantly constraining judges is essential to the task of originalism. The newer originalisms – I use the term “newer originalisms” rather than the “new originalism” because new versions of originalism differ from one another – have abandoned these two characteristics. The newer originalisms tend to focus on the original public meaning – focusing on a more textual than intentionalist approach. And the newer originalisms no longer hold (or act like) significantly constraining judges is essential. If the original meaning is permissive – if it is unclear, vague, or delegates power to judges – then that is the original meanin

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October 30, 2020

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Tenth Amendment Center: Permission not Required: “Constitutional Carry” Bill Introduced in South Dakota

January 13, 2019

...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 second am

Tenth Amendment Center: This Is What Winning Looks Like!

January 13, 2019

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January 15, 2018

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...from Tenth Amendment Center Today in 1913, The Federal Reserve Act was signed into law by Woodrow Wilson. One of the most deplorable laws in the history of the United States, the act allowed for a cartel of banks to establish a legalized monopoly on the printing of currency, assured the continual artificial manipulation of interest rates, and perpetuated the most inequitable and callous of all taxes – inflation. Many of the founders were adamantly opposed to central banks for these precise reasons. Thomas Jefferson wrote that he considered such banks to be more dangerous than standing armies, and wrote that paper was the “ghost of money, and not money itself.” James Madison was equally disturbed by the emissions of paper money under the Articles of Confederation, remarking that “restraints against paper emissions and violations of contracts are not sufficient.” Under that system, the disastrous paper money experiment of the Continentals, along with inflationary state bills of cre

Tenth Amendment Center: Colorado Committee Passes Bill to Repeal High-Capacity Magazine Ban

March 26, 2018

...from Tenth Amendment Center DENVER , Colo. (March 26, 2018) – Last week, a Colorado Senate committee passed a bill that would repeal state prohibitions on high capacity magazines as well as a magazine date stamp requirement. Passage would not only remove restrictions currently imposed on Coloradans, it would also foster an environment hostile to federal gun control. Sen. Owen Hill (R-Colorado Springs) introduced Senate Bill 52 ( SB52 ) on Jan. 10. The legislation would repeal the current law banning high-capacity magazines. Under Colorado state law, magazines that allow more than 15 rifle rounds or 25 shotgun shells are prohibited. Selling, transferring or selling such a magazine is a class 2 misdemeanor. Another statute requires a date stamp on all magazines produced in the state after 2013 when the law took effect. Senate Bill 52 would repeal both these statues, protecting the gun rights of Colorado residents. On March 19, the Senate State, Veterans, & Military Affairs C

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August 08, 2018

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August 17, 2017

...from Tenth Amendment Center Nullification is dead. At least that’s the opinion of Duke University Law School professor Ernest Young . But despite this emphatic epitaph, Young sees great potential for nullification as a tool to limit federal power. In a paper published in the Case Western Reserve Law Review , Young makes a strong case for nullification, highlighting state efforts that have effectively nullified federal marijuana prohibition. So, how can this be? How can nullification be simultaneously dead and buried, yet still a serve as a powerful tool to check federal overreach? The answer lies in the two distinct definitions of nullification. While “legal” nullification as laid out by John C. Calhoun may be dead, Young argues that nullification through non-cooperation, as recommended by James Madison in Federalist #46, remains a powerful means to confront overreaching federal authority. He even cites the Tenth Amendment Center’s definition of nullification – “any act or s

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