Tenth Amendment Remembered

The effort to remember and reclaim the role of the several states; detailed in these several scenarios.

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Tenth Amendment Center: Constitutional Text and State Sovereign Immunity

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July 29, 2019

...from Tenth Amendment Center
The challenge for originalists is whether they can justify state sovereign immunity using originalist interpretive techniques.

July 29, 2019 at 05:43AM

Tenth Amendment Center

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Tenth Amendment Center: Rhode Island Bill Would Limit ALPR Use, Help Block National License Plate Tracking Program

January 13, 2019

...from Tenth Amendment Center PROVIDENCE , R.I. (Jan. 10, 2019) – A bill introduced in the Rhode Island House would prohibit “roadway surveillance,” including the use of automatic license plate readers (ALPRs) without a warrant in most situations. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates. A coalition of four Democrats introduced House Bill 5042 ( H5042 ) on Jan. 9. The legislation would prohibit “roadway surveillance” and bar police from using ALPRs unless “undertaken by law enforcement in the investigation of a particular violation, misdemeanor, or felony pursuant to a warrant or court order based on probable cause.” H5402 defines “roadway surveillance” as: “The act of determining the ownership of a motor vehicle or the identity of a motor vehicle’s occupants on the public roadways of the stat...

Tenth Amendment Center: Medical Firearm “Silencers” in Missouri? New Bill Sets the Stage

January 13, 2019

...from Tenth Amendment Center JEFFERSON CITY , Mo. (Jan. 7, 2018) – A bill prefiled in the Missouri House would allow people with a medical waiver to possess firearm sound suppressors, partially nullifying some federal regulations in practice and effect. Rep. Ron Hicks (R-Dardenne Prairie) filed House Bill 302 ( HB302 ) on Dec. 18. Under the proposed law, persons with significant hearing loss could legally possess a firearm sound suppressor, commonly referred to as a silencer. Any person with a written certificate from a licensed medical doctor, otologist, or neurotologist attesting that the person has significant hearing loss and that a firearm silencer would be beneficial to preserve the person’s remaining hearing could legally possess a firearm sound suppressor under state law. Currently, Missouri enforces federal regulations on firearm sound suppressors by making their possession in violation of federal law a state crime. Passage of HB302 would end all state enforcement of fe...

Tenth Amendment Center: Maryland Bill Would Require Police to Get a Warrant Before Accessing Smart Meter Data

December 26, 2017

...from Tenth Amendment Center ANNAPOLIS , Md. (Dec. 26, 2017) – A bill prefiled in the Maryland House would require police to get a warrant before obtaining any information collected by “smart meter” technology. Passage of the bill would help protect privacy and ensure personal information doesn’t end up stored in federal databases. Del. Alfred Carr (D-18) prefiled House Bill 56 ( HB56 ) in October. The legislation would prohibit law enforcement officers from obtaining utility data recorded by a smart meter without a search warrant. 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. Privacy Concerns The proliferation of smart meters creates significant privacy concerns. The data collected can tell anybody who hold...

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Tenth Amendment Center: Rhode Island Bill Would Limit ALPR Use, Help Block National License Plate Tracking Program

January 13, 2019

...from Tenth Amendment Center PROVIDENCE , R.I. (Jan. 10, 2019) – A bill introduced in the Rhode Island House would prohibit “roadway surveillance,” including the use of automatic license plate readers (ALPRs) without a warrant in most situations. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates. A coalition of four Democrats introduced House Bill 5042 ( H5042 ) on Jan. 9. The legislation would prohibit “roadway surveillance” and bar police from using ALPRs unless “undertaken by law enforcement in the investigation of a particular violation, misdemeanor, or felony pursuant to a warrant or court order based on probable cause.” H5402 defines “roadway surveillance” as: “The act of determining the ownership of a motor vehicle or the identity of a motor vehicle’s occupants on the public roadways of the stat...

Tenth Amendment Center: Medical Firearm “Silencers” in Missouri? New Bill Sets the Stage

January 13, 2019

...from Tenth Amendment Center JEFFERSON CITY , Mo. (Jan. 7, 2018) – A bill prefiled in the Missouri House would allow people with a medical waiver to possess firearm sound suppressors, partially nullifying some federal regulations in practice and effect. Rep. Ron Hicks (R-Dardenne Prairie) filed House Bill 302 ( HB302 ) on Dec. 18. Under the proposed law, persons with significant hearing loss could legally possess a firearm sound suppressor, commonly referred to as a silencer. Any person with a written certificate from a licensed medical doctor, otologist, or neurotologist attesting that the person has significant hearing loss and that a firearm silencer would be beneficial to preserve the person’s remaining hearing could legally possess a firearm sound suppressor under state law. Currently, Missouri enforces federal regulations on firearm sound suppressors by making their possession in violation of federal law a state crime. Passage of HB302 would end all state enforcement of fe...

Tenth Amendment Center: Maryland Bill Would Require Police to Get a Warrant Before Accessing Smart Meter Data

December 26, 2017

...from Tenth Amendment Center ANNAPOLIS , Md. (Dec. 26, 2017) – A bill prefiled in the Maryland House would require police to get a warrant before obtaining any information collected by “smart meter” technology. Passage of the bill would help protect privacy and ensure personal information doesn’t end up stored in federal databases. Del. Alfred Carr (D-18) prefiled House Bill 56 ( HB56 ) in October. The legislation would prohibit law enforcement officers from obtaining utility data recorded by a smart meter without a search warrant. 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. Privacy Concerns The proliferation of smart meters creates significant privacy concerns. The data collected can tell anybody who hold...

Tenth Amendment Center: Hamilton: The Liar

November 03, 2017

...from Tenth Amendment Center Republicans unveiled their tax plan in September to mixed reviews. That was to be expected. It hasn’t gotten any better in recent weeks. Americans generally want lower taxes. They also want the Republican Party to do something they promised while begging for votes. Let’s not ask for too much. One called on the Rush Limbaugh Show in late September suggested that people read Federalist No. 21 to understand why taxes should be lowered. Hamilton, this caller said, showed us the light. Limbaugh joked that he rapped it. Either way, here is Hamilton entering another modern debate. There is now an app for that , unfortunately. Hamilton proposed in Federalist No. 21 that “indirect” taxes, meaning tariffs, should be used more extensively than direct because direct taxes created substantial problems for an economy. The modern income tax is a direct tax. Except we shouldn’t listen to Hamilton. He didn’t mean it. Less t...

Tenth Amendment Center: The Constitution Isn’t Silly Putty, Even Though They Treat it that Way

March 12, 2018

...from Tenth Amendment Center I loved playing with Silly Putty when I was a kid. My favorite Silly Putty activity involved pressing it onto newsprint. The putty would pick up whatever was underneath – creating a mirror image. I thought it was a hoot to press it on the Sunday comics and get a copy of Snoopy or Beetle Baily. Then I would pull the edges of the Silly Putty and distort the picture into all kinds of weird contortions. A lot of people think the Constitution is like Silly Putty. They think they can stick it onto whatever political opinion they like and the Constitution will “pick it up.” They also think they can shape it and pull it into whatever form they like. I’m seeing this mentality a lot in the gun current gun debate. Supporters of federal gun control are proposing all kinds of interpretations of the Second Amendment that have no basis in fact. Failing that argument, they’ll just claim the Constitution is malleable and was meant to change with the times. A viral ar...

Tenth Amendment Center: Permission not Required: “Constitutional Carry” Bill Introduced in South Dakota

January 13, 2019

...from Tenth Amendment Center PIERRE , S.D. (Jan. 11, 2019) – A “Constitutional Carry” bill introduced in the South Dakota House would make it legal to carry a firearm without a license in the state, fostering an environment hostile to federal gun control. Sen. Lance Russell (R-Hot Springs) introduced Senate Bill 38 ( SB38 ) on Jan. 6, with eight cosponsors from both chambers. The bill seeks to repeal numerous sections of state law requiring state residents to have a license in order to carry a concealed weapon, while still allowing county sheriffs to issue permits. Under current state law , residents are required to have a conceal carry license to have a weapon in their vehicle. Former Gov. Dennis Daugaard rejected similar measures in the past, but with the election of Kristi Noem, supporters hope the legislation can be signed into law this time around. Gun shop owner Brandon Maddox told news station KSFY that a concealed carry permit is redundant. “I think that the secon...

Tenth Amendment Center: Joint Law Enforcement Task Forces are Creating a National Police State

April 16, 2020

...from Tenth Amendment Center Through the proliferation of joint law enforcement task forces, the federal government is creating a national police force that operates in a legal twilight zone with little or no oversight. Law enforcement officers from various state, local and federal law enforcement agencies make up these joint task forces. The concept evolved out of the unconstitutional “War on Drugs” launched by President Richard Nixon. The first multi-jurisdictional task forces were put together in the 1970s. Dan Baum chronicled the evolution of these multi-jurisdictional police forces in his book, Smoke and Mirrors: The War on Drugs and the Politics of Failure . Radley Balko summarized Baum’s description of the origins of these task forces in a Washington Post article writing, “Nixon wanted ‘strike forces’ that could kick down doors and put the fear of God into drug offenders without burdensome hurdles like the Fourth Amendment or the separation of powers.” Initially, many ...

Tenth Amendment Center: Tennessee Legislature Rejects Strict Restrictions on Asset Forfeiture, Keeps Federal Loophole Wide Open

April 25, 2018

...from Tenth Amendment Center NASHVILLE , Tenn. (April 25, 2018) – Last Thursday, Tennessee Gov. Bill Haslam signed a bill into law that modestly reforms the state’s asset forfeiture laws, but leaves a loophole in place allowing police to circumvent stricter state laws by passing cases off to the feds. Rep. Mike Carter (R-Ooltewah) introduced House Bill 2021 ( HB2021 ) in January. The new law requires law enforcement agencies to provide formal notification within five days of a property seizure or of a forfeiture-warrant hearing. Authorities must provide notice whether or not the owner was present at the time the property was taken. The law also requires the state to pay attorney fees if a person proves police wrongfully seized their property. The new law streamlines the process to challenge a forfeiture for people who have assets seized and are charged at the scene. Additionally, HB2021 stipulates that merely possessing large amounts of cash is not considered a crime. The Hou...

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: This Week in History: Virginia Passes James Madison’s Resolutions of 1798

December 22, 2017

...from Tenth Amendment Center This article is featured in is today’s Tenther newsletter, which everyone in the nullification movement gets daily or weekly. Be one of them – and Become a member here to support the TAC. On Christmas Eve, 1798, the Virginia Senate gave final approval to a proposal from James Madison, which we know today as the Virginia Resolutions of 1798. By December of that year, the United States was in a full-blown constitutional crisis, and James Madison and Thomas Jefferson were stealthily leading the fight to push the federal government back within its prescribed limits. During the summer of that year, Congress passed four acts together known as the Alien and Sedition Acts . President Adams signed each of these acts into law. With winds of war blowing across the Atlantic, the Federalist Party majority wrote these laws to prevent “seditious” acts from weakening the U.S. government. Federalists utilized fear of the French to sti...

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Tenth Amendment Center: Constitutional Text and State Sovereign Immunity

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