Tenth Amendment Remembered

...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 ...

...from Tenth Amendment Center JEFFERSON CITY , Mo. (Dec. 18, 2020) – Bills filed in the Missouri House and Senate would legalize retail sales of raw milk in the state and take a step toward nullifying a federal prohibition scheme in effect. Rep. Ann Kelley (R-Lamar) prefiled House Bill 309 ( HB309 ) on Dec. 2. Sen. Bill Wright (R-Joplin) filed a companion, Senate Bill 235 ( SB235 ), the day before. The legislation would legalize retail sales of raw milk or cream produced in Missouri at grocery stores, restaurants, soda fountains, or similar establishments, as long as the milk is clearly marked with a specified warning label. Currently, Missouri law only allows the sale and delivery of raw milk directly from farm to consumer. The House bill includes a few regulations that the Senate bill does not. It would require the state milk board to do periodic inspections of raw milk bottlers and distributors and it would require any dairy farm producing raw milk to have its herd accredited ...