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Tenth Amendment Center: A “Living, Breathing” Constitution is Really a Dead One

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November 30, 2020

Many people today think the Constitution is a “living, breathing” document, one that just changes with the times. But that just means those with power will tell us what it means in ways that fit their political goals. The end result? The largest government in the history of the world.

Path to Liberty: November 30, 2020

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Mass Circular Letter (1768)

Constitution 101: Living and Breathing is the Same as Dead

The American Revolution Was a Constitutional Crisis

America Embraces the Tyranny its Founders Fought to Reject

James Madison to Henry Lee (25 June 1824)

Richard Henry Lee – Virginia Ratifying Convention

Declaration of Independence

George Washington’s Farewell Address

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The post A "Living, Breathing" Constitution is Really a Dead One first appeared on Tenth Amendment Center Blog.

Michael Boldin
November 30, 2020 at 12:34PM

Tenth Amendment Center

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Tenth Amendment Center: Modern Nullification: A Winning Policy

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

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

Tenth Amendment Center: The Purge Ramps Up as Banking Institutions Get Involved: Good Morning Liberty 08-22-18

August 22, 2018

...from Tenth Amendment Center On this episode of Good Morning Liberty, host Michael Boldin ( follow ) talks about Wells Fargo joining the purge, booting a state-level candidate in Florida for receiving donations from members of the marijuana industry. He also talks about how the Federal Reserve has been acting like the DEA’s guard dog by pushing for this kind of outcome for years, and a warning on deplatforming for progressives from the ACLU. SHOW LINKS Wells Fargo Cuts off Candidate Colorado Credit Union vs Federal Reserve Bitchute vs Stripe ACLU warning Quote of the Day 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

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Tenth Amendment Center: Modern Nullification: A Winning Policy

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

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

Tenth Amendment Center: The Purge Ramps Up as Banking Institutions Get Involved: Good Morning Liberty 08-22-18

August 22, 2018

...from Tenth Amendment Center On this episode of Good Morning Liberty, host Michael Boldin ( follow ) talks about Wells Fargo joining the purge, booting a state-level candidate in Florida for receiving donations from members of the marijuana industry. He also talks about how the Federal Reserve has been acting like the DEA’s guard dog by pushing for this kind of outcome for years, and a warning on deplatforming for progressives from the ACLU. SHOW LINKS Wells Fargo Cuts off Candidate Colorado Credit Union vs Federal Reserve Bitchute vs Stripe ACLU warning Quote of the Day 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

Tenth Amendment Center: Now in Effect: Two Colorado Laws Expand Hemp Market, Despite Federal Prohibition

August 08, 2018

...from Tenth Amendment Center DENVER , Colo. (Aug. 8, 2018) – Today, two laws that will further mainstream the state’s industrial hemp industry went into effect. Implementation of these new policies will likely pave the way for faster development of the state’s hemp market, and further nullify federal prohibition in practice and effect. Mainstreaming Hemp as a Commodity A bipartisan coalition of two senators and two representatives sponsored Senate Bill 205 ( SB205 ). The new law includes unprocessed industrial seeds in the definition of “commodity” within the “Commodity Handler Act” and includes industrial hemp itself in the definition of “farm products” within the “Farm Products Act.” In effect, this will subject any person acting as a commodity handler of hemp seed and any farm products dealer of hemp to the licensing requirements already in place for commodities and farm product dealers. Currently, commodities include hard seeds or fruits such as wheat, corn, oats, barley, ry

Tenth Amendment Center: Natural Rights: Liberty Doesn’t Need a Government Permission Slip

December 14, 2020

...from Tenth Amendment Center Even though many people credit Thomas Jefferson for the natural rights principles in the Declaration of Independence, Jefferson himself pointed out that he didn’t invent those ideas. Instead, he wrote, he had adopted the “harmonizing sentiments of the day,” views which were widely accepted and understood. From 1764 to 1776, Americans produced a rich series of pamphlets, resolutions and speeches which he based those principles on. Path to Liberty: December 14, 2020 Subscribe: Apple | Spotify | Podbean | Google | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Declaration of Independence The Relationship Between the Declaration of Independence and the Constitution Thomas Jefferson to Henry Lee (8 May 1825) What A Little-Known Colonial Pamphlet Tells Us About the Constitution The Message of the Farmer Letters Collected Writings of James Otis Samuel Adams – The Rights of the Colonists (20 Nov 1772) Fair

Tenth Amendment Center: The Fugitive Slave Act of 1850 and Nullification by Northern States

September 18, 2019

...from Tenth Amendment Center Today in history – September 18, 1850 – President Millard Fillmore signed the 2nd Fugitive Slave Act into law. In response to what might be one of the worst “laws” in the history of the country, all the northern states resisted and nullified the federal act. Path to Liberty: September 18, 2019 PODCAST VERSION Subscribe: iTunes | Google Play | Stitcher | Spotify | RSS SHOW LINKS: JOIN TAC Show Archives Subscribe and Review on iTunes Today in History: Fugitive Slave Act of 1850 Signed into Law Nullification vs the Fugitive Slave Act ALTERNATE VIDEO SOURCES Watch on Bitchute Watch on Twitch.tv Watch on Periscope Watch on DLive Watch on Brighteon 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/Tenth

Tenth Amendment Center: Stare Decisis: Precedent vs the Constitution

November 12, 2019

...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 . As the founders widely understood, the Constitution is supreme. And it remains supreme even if the opinion of the Supreme Court contradicts it. ALTERNATE SOURCES Watch on Brighteon Watch on Bitchute Watch on Bittubers Watch on Instagram Watch on LinkedIn Watch on Minds 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/TenthAmendmentCenter Michael Boldin

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: This Is What Winning Looks Like!

January 13, 2019

...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 states ignored

Tenth Amendment Center: The Pilgrim Code of Law: One of Many Sources of Our American Constitution

October 25, 2018

...from Tenth Amendment Center One of the more ludicrous claims about the Constitution is that fifty-five old white rich men just sort of “made it up.” There are two versions of this claim: One that it was put together out of whole cloth to serve their interests, and the other that it was revealed in a flash of divine light. This claim has been disseminated by people who should know better. For example, in 1972 a Montana state commission authored, and Montana State University published, a pamphlet to “educate” citizens and convention delegates about the supposed need for a new state constitution. To convince the reader to adopt the authors’ principles instead, the pamphlet asserted that “When the Founding Fathers of the United States . . . desired to write their ideas about government on paper, they found few guidelines.” In fact, the Constitution was the product of centuries of “guidelines.” In addition to classical writings on the subject, including those by Aristotle and Cicero

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