Tag Archive | "state sovereignty"

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Under The Radar: 10th Amendment Movement Picks Up Steam

Posted on 10 April 2011 by Editor

Originally posted 2009-07-20 21:25:08. Republished by Blog Post Promoter

by Nancy Morgan
RightBias.com
July 19, 2009

Millions of Americans watch with horror as the Obama administration continues to implement its own version of ‘change.’ Change that involves an unprecedented and systematic devolution of power to the federal government, in direct contravention of the Constitution.

From the pending takeover of 17% of economy under the auspices of health care reform, to the government takeover and subsequent ownership of automobile companies, to the unconstitutional interference in the formerly private market under the rubric of stimulating the economy. Not to mention the proposed cap and trade legislation which would give the federal government unlimited powers of taxation and regulation under the guise of saving the planet.

Totally ignored by elected officials of both parties is the tenth amendment of the Constitution, which states very clearly, “The power not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.”

Many Americans don’t agree with the left’s idea of a ‘living constitution’, arguing that the intent of the founders should govern the interpretation and application of the Constitution, not the whimsical and politically motivated present day politicians. And, largely unreported by the media, they are starting to stand up to the federal government.

To date, 37 states have introduced sovereignty resolutions, asserting their state’s sovereign rights under the tenth amendment.

Earlier this month, Louisiana became the seventh state, joining Alaska, North Dakota, South Dakota, Oklahoma, Idaho and Tennessee to officially adopt a resolution affirming their sovereignty. These states are putting the federal government on notice that politicians in Washington do not have the right, under the Constitution, to continue to impose their increasingly onerous federal mandates on sovereign states.

Some states, with Arizona leading the way, are going a step further.

Under Arizona’s Health Care Freedom Act, which was passed by the Arizona state legislature this month, a voting initiative will be placed on the 2010 ballot that, if passed, will allow Arizona to opt out of any federal health care plan.

Following Arizona’s lead, five other states — Indiana, Minnesota, New Mexico, North Dakota and Wyoming — are considering similar initiatives to opt out of federal health care for their 2010 ballots This, even before Congress has created the program.

Arizona is also preparing for the misnamed ‘climate’ bill, that passed the House this month. (With eight Republican votes.) The Arizona state Senate voted 19-10 to approve a bill banning the Department of Environmental Quality from enacting or enforcing measures with language pertaining to climate change.

Other states are stepping up to the plate and asserting their state’s sovereign right under the second amendment – a right that guarantees the right of the people to keep and bear arms.

On July 6, Florida introduced the Firearms Freedom Act which seeks to provide “that specified firearms, firearm accessories, and ammunition for personal use manufactured in state are not subject to federal law or regulation” in the State of Florida.

Increasingly, the representatives ‘we the people’ have elected to preserve and protect our rights, are ignoring the clear, unequivocal language of the Constitution. Our politicians seem unaware of the fact that the Constitution does not include congressional power to override state laws.

In fact, the power our representatives are now accruing to the federal government was expressly voted down, not once, but several times.

During the Constitutional ratification process, James Madison drafted the ‘Virginia Plan’ which advocated a strong federal government. It proposed, among other things, giving Congress legislative authority, and a veto over state laws. Each of Madison’s proposals was soundly defeated. Our founders clear intent was vesting all powers in the states, with but a few, listed exceptions.

Ever since 1938, when FDR used the occasion of the great depression to drastically expand the scope of federal government (Wickard vs Filburn) using an absurd reading of the Commerce Clause, this unconstitutional taking of power by the central government has gone virtually unchallenged. Until now.

Though the media has ignored these efforts, ‘we the people’ are starting to fight back, via our state and local representatives.

Politicians need to be reminded that our Constitution is still in effect. And Americans need to be reminded that just because some believe the trendy notion that our Constitution is a ‘living, breathing’ document, doesn’t make it so.

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Nancy Morgan is a columnist and news editor for RightBias.com
She lives in South Carolina

Article has been published with permission


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Know Your America – The 16th Amendment

Posted on 10 April 2011 by Editor

Originally posted 2009-08-09 22:28:43. Republished by Blog Post Promoter

norbertatwork2by Norbert Sluzewski
Editor
NakedLiberty.com
August 9, 2009

In the late 18th century a truly unprecedented series of events were occurring on the American continent. A juxtaposition of historical events never aligned as then, presented a unique opportunity for the young American colonies to embark on a new social experiment never heretofore tried on the scale of a nation. The circumstances were unique and the time was right to seed the experiment. And never was the chance of its success greater than at that time.

The young American colonies were determined to create a nation out of the principles which brought their citizens to this continent in the first place. These principles included fundamental rights in which the colonists believed so strongly that they left their ancestral homes, families and countries to support and ultimately defend. Foremost among these rights was the right that citizens should determine the makeup of their government and that no government should place its needs ahead of those of the citizens’.

Most of the colonists were adamantly opposed to a central form of government. Their experiences, after all, vividly recollected the injustice and excesses of the governments which they fled. So afraid were they of recreating another monarchy or oligarchy, that most would choose anarchy over any form of central government. As a result the colonist’s first attempt to create a form of governance was a weak alliance of states codified in the Articles of Confederation, the final draft of which became the de-facto constitution in 1777 (finally ratified in 1781). The Articles placed all governing power in the hands of the individual states, with only specific and very limited provisions delegated to the Confederation. These included, among others, the right to wage wars, negotiate treaties and resolve territorial disputes.

 

The shortcomings of the Articles (lack of central taxing authority, inequalities between the influence of large and small states, etc.) were soon exposed and an effort to create a federated type of central government was undertaken.

A remarkable group of statesmen (the Federalists) emerged to lay the foundation of this new government structure, one which would preserve the authority of the states, while giving enough power to the central core so that it could effectively act as a national government. These principles were assembled into a document which on June 21, 1788 was signed to become the US Constitution.

But what was most remarkable about the Constitution’s structure was that it created no single source of power. With the distribution of authority among the executive, legislative and judicial branches, this distributed structure of checks and balances recognized an inherent human flaw that:

If given the opportunity to avail himself of excesses,
man inevitably will.

Even the most benevolent monarchy or dictatorship eventually succumbs to this flaw. The Founders uniquely understood this and sought to establish a Republic in which no single man, group, state or other entity could dominate or unduly influence the direction of the nation.

The Constitution survived and remained largely unchanged into the first decade of the 20th century. During this time the American experiment had grown to become hugely successful and the United States of America became the most prosperous nation in the world, envied for the liberty and freedom that its citizens enjoyed. The Federation survived every test of its Founding Principles. Amendments to the Constitution throughout this period were carefully crafted to not upset these Principles. That is, until the 16th Amendment in 1913, which established the central government’s right to tax the income of citizens (previously this right was reserved to the states).

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

While until then various taxes were levied in support of specific government initiatives (e.g. the Revenue Act of 1861 levied a 3% tax on high-wealth citizens to fund the Civil War), these would be repealed upon completion of the initiative. The 16th Amendment for the first time institutionalized the government’s right to collect income taxes. The rate was innocently set at 1% of incomes above $3,000 and 6% surcharge for incomes above $500K.

The federal income tax quickly became eye candy for politicians looking for funding to support their favorite programs. And the government as a whole saw it as a cash machine from which funding for social programs, wars, and other initiates could be secured. To no surprise, by 1918, five years after the 16th Amendment was ratified, the top income tax rate skyrocketed to 77%. During his presidency Franklin D. Roosevelt even tried (but failed) to impose a 100% rate on incomes above $25,000 to fund the war effort. Through the 1960’s the marginal tax bracket stayed at 90% and it wasn’t until the administration of Ronald Reagan which reduced the top rates to 28%.

To no surprise to any free market capitalist, history shows that the performance of the stock markets, the rate of employment, size of the GDP and other measures of national prosperity all positively and directly correlate to the rate of taxation. The wealth of America, its prestige around the world, our ability to extend the experiment in liberty which our Founders blessed us with, all has been affected, and in fact jeopardized by the enactment of the 16th Amendment. I will write about other reforms (e.g. immigration), which have also had significant detrimental impact, in an upcoming new article.

The enactment of the 16th Amendment significantly changed the character of the American experiment. It took a big bite out of the forbidden fruit that is influence over wealth distribution. One of our founding freedoms — that the fruits of our labor should be ours to enjoy and dispense with according to our own conscience and convictions — has been trampled on without recourse and consideration. This is perhaps one of the most fundamental liberties we as Americans have enjoyed and expect it to have been protected by the very Constitution which the 16th Amendment has trampled.

Some argue that the Constitution is an “ancient” document written by men of times long passed; that progress necessitates changes, and that we should no more look to our Constitution for answers as we would to ancient Egyptian hieroglyphs for ways to build our skyscrapers. To those I say, give me something better to replace it with. Give me a different anchor to which we can moor our society. And let not that anchor float with the current, but let it stand firm and withstand the storms of progress and uncertainty that is by definition the future. While you ponder this, ponder also where do you get the audacity to think that you have the wisdom and motivation to frame this new society you think you want. While your motivation is political survival, each of our Founding Fathers risked his life and limb to give to us their wisdom and experience.

Until you show me this new anchor, I’ll stick to my Constitution – thank you very much.

And remember also that only a fool accepts change for its novelty.

. . . . . . . . . . . . . . . . . . . . . . . .

Norbert Sluzewski is a columnist and editor of NakedLiberty.com
He lives in Connecticut

Article may be reprinted with attribution.


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