Tenth Amendment Remembered

...from Tenth Amendment Center At Dorf on Law, Michael C. Dorf & Martin S. Lederman:  What is Nonoriginalism? A Response to Professor Ramsey’s Misunderstanding of our Analysis of the Natural Born Citizen Clause . From the introduction: Earlier this month, Chapman law professor John Eastman wrote an  op-ed  in Newsweek proposing that Senator Kamala Harris might not be a “natural born citizen” (NBC)—and thus not eligible to be elected Vice President—if her parents, who were foreign nationals rather than U.S. citizens, were not permanent U.S. residents at the time of her birth in California. … [W]e joined 39 other constitutional scholars who signed  a letter  explaining what was so very wrong with Professor Eastman’s analysis. … In  a post  on the  Originalism Blog , University of San Diego law professor Michael Ramsey wrote that he would have signed it, too, at least if it had included “a couple of minor modifications.”  We very much a...

...from Tenth Amendment Center You can file this under the heading of “it’s foolish to expect the federal courts to protect your rights.” Last month, federal agents poured into Portland, Oregon, and initiated police actions against protesters. Vox described the situation in Portland. Multiple   reports  and  videos clearly show heavily armed federal law enforcement officers dressed in camouflage stepping out of unmarked civilian vans and forcibly detaining anti-racism and anti-police brutality demonstrators on the streets of Portland, often far away from any federal property (where federal officials have jurisdiction). In many instances, those taken into custody hadn’t clearly violated any laws. The prime complaints levied against the actions of these federal agents revolve around their secretive nature and random arrests without warrants. In a lawsuit filed against the federal government , Mark Pettibone testifies that he was confronted by armed men dressed i...

...from Tenth Amendment Center I had the privilege of interviewing Dr. Paul for my GodArchy podcast last week. I have to confess, it’s the first time I’ve been nervous about interviewing somebody. Dr. Paul has done so much for the liberty movement. Sometimes I feel like I’m the only person in the “liberty movement” who didn’t get involved through Ron Paul’s presidential campaigns. I was a little late to the party. I first became aware of Ron Paul during the 2008 campaign. I heard snippets on the news about him and heard Rush Limbaugh mention him a few times. But I was still firmly entrenched in the establishment. I immediately adopted the standard conservative mantra, “I like that Ron Paul, except for his foreign policy.” But I do remember one incident that made an impression. I was living in St. Petersburg, Florida at the time and the city hosted a presidential debate. I remember walking out of my apartment and seeing a plane that was lit up wing-tip to wing-tip with th...

...from Tenth Amendment Center The FDA has grown increasingly aggressive in enforcing its regulations.. It not only asserts the power to regulate interstate commerce; it also often asserts the authority to regulate or even prohibit within state lines, including raw milk, CBD, and even meat. Path to Liberty: August 24, 2020 Subscribe: iTunes | Spotify | Podbean | Google Play | Stitcher | TuneIn | RSS SHOW LINKS: JOIN TAC Show Archives Subscribe and Review on iTunes State of the Nullification Movement Report Thomas Jefferson – letter to Rev Charles Clay 27 Jan 1790 Status Report: Nullifying FDA Regulations Now in Effect: Vermont Law Expands Raw Milk Sales; Foundation to Nullify Federal Prohibition Scheme Congress Follows the Leaders, Passes Right to Try After Years of State Action Signed as Law: Virginia Legalizes CBD in Food Despite Ongoing FDA Prohibition FDA Update – CBD is illegal in food Meat Supply Chain Problems? Congress Broke it 50 Years Ago Now in Effec...

...from Tenth Amendment Center Another local cop got away with abusing an individual’s rights thanks to qualified immunity and the incorporation doctrine. U.S. District Court Judge Carlton W. Reeves wrote a stinging rebuke of the doctrine of qualified immunity before granting it to Richland Police Department Officer Nick McClendon. “The Constitution says everyone is entitled to equal protection of the law—even at the hands of law enforcement. Over the decades, however, judges have invented a legal doctrine to protect law enforcement officers from having to face any consequences for wrongdoing. The doctrine is called ‘qualified immunity.’ In real life it operates like absolute immunity,” Reeves wrote. And then the judge proved his own point, letting the Mississippi cop walk away without facing any consequences after an allegedly unwarranted traffic stop and vehicle search that did $4,000 damage to Clarence Jamison’s Mercedes. “This Court is required to apply the law as stated...

...from Tenth Amendment Center MONTPELIER Vt. (Aug. 24, 2020) – A conference committee is trying to hammer out differences in a bill that would tax and regulate the sale of marijuana in the state despite federal prohibition. A bipartisan coalition of Senators introduced Senate Bill 54 ( S.54 ) in January 2019. Vermont legalized the possession and home cultivation of marijuana by adults over 21 in 2018, but the law does not allow commercial production or distribution of cannabis for the recreational market. Passage of S.54 would create a regulatory structure for the cultivation and sale of marijuana in the state. The proposed law would create various categories of business licenses and a taxing structure. The Senate passed S.54 by a 23-5 vote in February 2019. The House passed a significantly amended version of the bill on Feb. 27 or this year on a voice vote. The bill was then referred to a conference committee made up of three representatives and three senators to hammer out t...

...from Tenth Amendment Center The US foreign policy establishment has for decades been dominated by neoconservative interventionists and falsely-named “humanitarian” interventionists. These people believe that because the United States is the one “exceptional nation,” no conflict anywhere in the world could possibly be solved without our butting our noses into it. One of President Obama’s few foreign policy successes was to work with European countries on a deal that would see a reduction of sanctions on Iran in exchange for a series of Iranian moves demonstrating its abandonment of a nuclear weapon. The American neocons as well as the hardliners in Saudi Arabia and Israel were furious at the compromise, but for a couple of years it showed real promise. Trade between Europe and Iran was increasing and there was no evidence that Iran was reneging on its obligations. Even American companies were looking to Iran for business opportunities. Whenever goods flow between nations, wa...