Tenth Amendment Remembered

...from Tenth Amendment Center With Republicans in control in Washington D.C., many Second Amendment activists assumed their right to keep and bear arms was safe. They’re not. When one political party controls the House, Senate, and the presidency, the public expects the legislative and executive branches will work in tandem to further their party’s political goals. Known as ‘unified government’, the assumption is that legislation will be easier to pass when one party controls all the steps. Working in a unified government seems like it is worth the wait; indeed it doesn’t happen often. But deracinated from any principles, a unified government can be dangerous to our liberties. In November 2016, the Republican Party achieved its goal of unified government. The last time this happened was in 2001 under George W. Bush. Though the 2016 election was unconventional in many ways, some evergreen political issues held voters’ attention. The Second Amendment was an important issue for Rep...

...from Tenth Amendment Center In 1992, Congress passed a statute authored by then-Sen. Bill Bradley of New Jersey, who was a former Princeton University and New York Knicks basketball superstar, prohibiting the states from authorizing sports betting. At that time, gambling in Atlantic City was flourishing, and notwithstanding one of its own senators’ efforts to keep gambling away from competitive sports, the state of New Jersey wanted to duplicate Las Vegas’ success with sports betting. When Bradley’s legislation grandfathered the state of Nevada, legislators in New Jersey came up with an idea to get around the federal legislation that would permit Atlantic City casinos to compete with those in Las Vegas by repealing all laws about sports betting, thereby escaping the federal prohibition on “authorizing” sports betting. It would be up to the casinos to set up their own betting parlors for college and professional sports, and in so doing, they could increase their own bottom lines a...

...from Tenth Amendment Center A recent mainstream media news report covered the Michigan 4th Amendment Protection Act. Unsurprisingly, while much of the article was factually correct, they included a statement from a former NSA lawyer who either lied about the Supremacy Clause – or just doesn’t know anything about it. WATCH: 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/ TRANSCRIPT Virtually every mainstream article that you read about state sovereignty or nullification is going to include a quote by a “legal scholar.” Now, nine times out of 10, this lawyer or law professor is going to cite the supremacy clause. It’s like federal...

...from Tenth Amendment Center PROVIDENCE , R.I. (May 16, 2018) – Today, the Rhode Island House passed a bill would nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients. Rep. Joseph McNamara (D-Warwick) introduced House Bill 7294 ( H7294 ) in January along with four bipartisan co-sponsors. The legislation would allow terminally ill patients access to medicines and treatments not yet given final approval for use by the FDA. The Federal Food, Drug, and Cosmetic Act prohibits general access to experimental drugs. However, under the expanded access provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb, patients with serious or immediately life-threatening diseases may access experimental drugs after receiving express FDA approval. HB7294 creates a process to bypass the FDA expanded access program and allows patients to obtain experimental drugs from manufacturers without first obtaini...

...from Tenth Amendment Center In a baby step back toward protecting reserved State Powers, the Supreme Court on Monday overturned a twenty-five year old federal law called The Professional and Amateur Sports Protection Act (PASPA).  The Act was originally signed into law in 1992 to target organized markets for sports gambling.  This federal law was not a flat ban on sports-gambling schemes, but only a law that prohibited States from permitting sports gambling by State law. In an opinion written by Justice Alito, the majority of the court decided this law was a violation of the Tenth Amendment to the Constitution.  Alito says, “The legislative powers granted to Congress are sizeable, but they are not unlimited.  The Constitution confers on Congress not plenary legislative power but only certain enumerated powers.  Therefore, all other legislative power is reserved for the States, as the Tenth Amendment confirms.”  The Tenth Amendment limitation is referr...

...from Tenth Amendment Center James Madison warned that a country could not preserve its freedom in the midst of continual warfare. The U.S. has been embroiled in war for decades. If you care about limited government and freedom, this should concern you deeply. In this episode of Thoughts from Maharrey Head , I talk about it. You can subscribe to  Thoughts from Maharrey Head  for free on iTunes. Just click  HERE . SHOW NOTES AND LINKS Free E-Book: The Power of No!: The Historical and Constitutional Basis for State Nullification Constitution 101 War Powers Thoughts from Maharrey Head Episode 24-  Why Not War? Thoughts from Maharrey Head Episode 110 –  The Power to Make War Crisis and Leviathan  “Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known i...

...from Tenth Amendment Center “Liberty, property, and no stamps!” In this episode, I cover the Stamp Act, the incendiary British policy to tax the North American colonists directly for the first time in history. I also cover the widespread ramifications of the act, which caused most of Britain’s North American colonies to respond with a nullification campaign to make the law unenforceable. Of all times in this struggle, it was in 1765 that patriot radicalism grew to its highest point. I conclude by illustrating why the repeal of the Stamp Act was an imperfect remedy to patriot theories regarding taxation. RECOMMENDED READING Edmund Morgan, The Stamp Act Crisis Richard Bland, An Enquiry Into the Rights of the English Colonies Mercy Otis Warren, History of the Rise, Progress, and Termination of the American Revolution Thomas Whatley, The Regulations Lately Made Concerning the -Colonies and the Taxes Imposed upon them Considered Murray Rothbard, Conceived in Liberty Gordon Woo...