Tenth Amendment Remembered

...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...

...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...

...from Tenth Amendment Center James Madison gave us a Christmas present. On Dec. 21, 1798, the Virginia House passed the Virginia Resolutions of 1798. We're with James Madison: A "refusal to cooperate with officers of the Union" is the path to bring down unconstitutional federal programs. @mmaharrey10th #10thAmendment #liberty #constitution #nullify #resist #libertarian pic.twitter.com/RiLcmtl4gm — TenthAmendmentCenter (@TenthAmendment) December 21, 2020 The Virginia Senate passed the resolutions a few days later on Christmas Eve. Penned by Madison, the resolutions tell us exactly how to take on all of the unconstitutional garbage coming out of Washington D.C. It’s time to resurrect the principles of ’98. For Further Reading The Virginia Resolutions of 1798 This Week in History: Virginia Passes James Madison’s Resolutions of 1798 Madison’s Blueprint The post Stopping Unconstitutional Federal Garbage first appeared on Tenth Amendment Center Blog...

...from Tenth Amendment Center COLUMBIA , S.C. (Dec. 22, 2020) – A bill prefiled in the South Carolina Senate would reform the state’s asset forfeiture laws and prohibit the state from taking a person’s property without a criminal conviction. The proposed law would also opt South Carolina out of a federal program that allows police to bypass more strict state asset forfeiture laws. Sen. Gerald Malloy (D-Darlington) filed Senate Bill 70 ( S70 ) on Dec. 9. Under the proposed law, prosecutors could not proceed with asset forfeiture proceedings without a criminal conviction. The legislation would explicitly end civil asset forfeiture in the state. S70 also address the policing for profit motive inherent in the current forfeiture process. Forfeiture proceeds would be deposited to the county’s general fund after paying various expenses. As it stands, 95 percent of forfeiture proceeds go to law enforcement, with 75 percent going to police agencies and 20 percent to prosecutors. Under...

...from Tenth Amendment Center Today in history, the Embargo Act of 1807 was signed into law by President Thomas Jefferson. Passed at the height of the Napoleonic Wars in Europe, Jefferson and the Republicans hoped to use the embargo to preserve American neutrality and avoid foreign entanglements. Early in the 19th century, the neutrality of the United States was tested repeatedly. In France, Napoleon had enacted the Continental System, which prohibited the importation of British goods into Europe. The British responded by imposing their own trade restrictions against the French. During this time, the British antagonized American ships, continuing the practice of impressment and treating the neutral United States as if it were an enemy power. This situation culminated in the Chesapeake-Leopard Affair, where a British warship attacked and boarded an American frigate and captured its crew. Since the incident caused a huge public uproar, Jefferson faced a tough decision. The president...

...from Tenth Amendment Center ALBANY , N.Y. (Dec. 22, 2020) – Today, New York Gov. Andrew Cuomo signed a bill placing a temporary moratorium on facial recognition technology in the state’s schools. The new law will not only help protect privacy in New York, but it will also hinder one aspect of the federal surveillance state. Assm. Monica Wallace (D-Lancaster)  introduced Assembly Bill 6787 ( A6787 ) in March. Sen. Brian Kavanagh (D-NYC) sponsored the Senate companion bill ( S5140 ). The legislation bans the purchase and use of biometric identifying technology, including facial recognition technology, by New York public and nonpublic elementary and secondary schools until July 1, 2022, or upon the completion of a full review on biometric surveillance in schools. The bill establishes a commission to study whether biometric technology is appropriate for use in New York schools, and if so, what kind of restrictions should be placed on their use. This creates an opportunity t...

...from Tenth Amendment Center TRENTON , N.J. (Dec. 22, 2020) – Last week, the New Jersey House and Senate passed a bill that would implement a program for the cultivation and sale of recreational marijuana in the state despite federal prohibition. New Jersey voters legalized marijuana by a 67 percent to 33 percent margin on Nov. 3. On Nov. 9, Sen. Nicholas Scutari (D-Linden) and Sen. Stephen Sweeney (D-Salem) introduced Senate Bill 21 ( S21 ). A coalition of six Democrats introduced the companion bill ( A21 ) on the same day. The legislation would create regulatory and tax structures for the state’s marijuana cultivation and retail businesses. Under the law, adults 21 and older would be allowed to purchase and possess up to an ounce of marijuana. As the licensing system is established, existing medical cannabis dispensaries would be able to sell marijuana products to adult consumers. Eventually, retail sales outlets would operate under a state regulatory scheme. The proposed laws...

...from Tenth Amendment Center COLUMBIA , S.C. (Dec. 22, 2020) – A bill prefiled in the South Carolina House would prohibit unconstitutional foreign deployments of the state’s National Guard troops. Passage into law would take a step toward restoring the founders’ constitutional framework for a state-federal balance regarding the state militia. Rep. Stewart Jones (R-Laurens) filed House Bill 3528 ( H3528 ) on Dec. 16. The legislation would prohibit placing South Carolina National Guard troops under federal control unless the governor determines they are being deployed in a manner consistent with the U.S. Constitution. The proposed law would require the governor to “examine, consider, and review” every federal order, including all existing orders, that call, transfer, or place the South Carolina National Guard on federal active duty. Notwithstanding another provision of law, upon completion of the legal review required pursuant to this article, the Governor immediately shall withho...

...from Tenth Amendment Center The Lochner case may be one of the most remarkable cases in the whole of Constitutional law — remarkable for its influence in the development of “substantive due process.” It’s also remarkable for its role in the Court’s de-coupling of personal liberty and economic liberty, for its role in the development of judicial scrutiny, and as a focal point of populist progressive spite that culminated in the Constitutional Revolution of 1937 and the infamous “switch in time.” The dissenting opinion offered by Justice Holmes – dissent of only 670 words – barely two paragraphs, fits into the remarkable category as well. A dissent is wholly devoid of legal substance, yet is widely considered by both liberal and conservative legal scholars to be the most important dissent in the entire corpus of Constitutional law. It’s also remarkable for its inclusion in the anti-canonical body ...

...from Tenth Amendment Center The Founders universally opposed “consolidation” – or centralization of government power – as dangerous and destructive to liberty. Patrick Henry, James Madison, Fisher Ames, George Washington and others warned against it. But today, we see it on almost every issue, with the 4th Amendment making for a pretty stark example. Path to Liberty: December 21, 2020 Subscribe: Apple | Spotify | Podbean | Google | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Understanding Single Points of Failure (SPOF) Are You a Single Point Of Failure? The Federal Government Sucks and We All Know It Patrick Henry (7 June 1788) The dangers of a consolidation Patrick Henry (9 June 1788) End in the destruction of our liberties Fisher Ames (19 Jan 1788) Too much provision George Washington Farewell Address (18 Sept 1796) Madison – Report of 1800 Obvious tendency Episode: Brutus on the Dangers of Consolidation Jefferson...

...from Tenth Amendment Center TRENTON , N.J. (Dec. 21, 2020) – A bill filed in the New Jersey Assembly would allow customers to opt out of installing “smart meter” technology on their homes and businesses. Passage of this bill would enable residents in these states to protect their own privacy, and it would take a step toward blocking a federal program in effect. Asm. Ronald Dancer, along with two Republican cosponsors, introduced Assembly Bill 2994 last year and it will carry over to the 2021 session as Assembly Bill 4914 ( A4914 ). The legislation would ensure utility customers can easily opt-out of smart meter programs. 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. Smart meters can also be used to remotely li...

...from Tenth Amendment Center COLUMBIA , S.C. (Dec. 21, 2020) – Two “Constitutional Carry” bills prefiled for the 2021 legislative session would make it legal for South Carolinians to carry a firearm without a license, fostering an environment hostile to federal gun control. On Dec. 9 Rep. B. Cox (R-Greenville County) and Rep. Jonathan Hill (R-Anderson County) prefiled House Bill 3096 ( H2096 ) and House Bill 3039 ( H3039 ) respectively. Under the proposed laws, anyone who is legally allowed to own a gun could carry it without a state-issued license. Currently, South Carolina gun owners  must first attend training  through a certified South Carolina CWP instructor before they can get a concealed weapons permit. The two bills seek to repeal numerous sections of state law. At the same time, they impose restrictions on where a person can carry a firearm, concealed or not. That includes police stations, courthouses, polling locations, daycare or preschools. EFFECT ON FEDER...

...from Tenth Amendment Center In an 1802 letter to the Danbury Baptist Association, Thomas Jefferson wrote, “I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church and State.” Jefferson was, of course, referring to the First Amendment. He perhaps overstated his case. The amendment was intended to prohibit the federal government from establishing a national church and to prevent Congress from legislating on religious matters. Of course, Congress had no such authority to begin with. The Constitution didn’t delegate any authority to Congress to establish a church or to regulate religious matters at all. The First Amendment simply made explicit an implicit truth built into the Constitution. Congress shall make no law respecting an establishment of religion, or prohibiting ...