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Founding Fathers | Tenth Amendment Center TAC Blog: News and Updates from the Nullification Movement Wed, 16 Sep 2026 17:45:06 +0000 en-US hourly 1 Founding Fathers | Tenth Amendment Center 32 32 yes Founding Fathers | Tenth Amendment Center false podcast Founding Fathers | Tenth Amendment Center How to Beat an Empire: The Founders’ Ignored Blueprint Wed, 02 Sep 2026 17:49:05 +0000 Paul Revere rode into Philadelphia on Sept 16, 1774 with urgent business for the First Continental Congress. His task? Deliver a document from Boston - a blueprint for total resistance. If adopted, secession from the British Empire would be unavoidable. On this episode, it’s Joseph Warren’s forgotten and ignored Suffolk Resolves: The American Revolution’s step-by-step guide for defeating tyranny. The post How to Beat an Empire: The Founders’ Ignored Blueprint appeared first on Tenth Amendment Center. ]]> Paul Revere rode into Philadelphia on Sept 16, 1774 with urgent business for the First Continental Congress. His task? Deliver a document from Boston – a blueprint for total resistance. If adopted, secession from the British Empire would be unavoidable. On this episode, it’s Joseph Warren’s forgotten and ignored Suffolk Resolves: The American Revolution’s step-by-step guide for defeating tyranny. Path to Liberty: September 2, 2026 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives REVOLUTION BETRAYED – America Rebuilt the System the Founders Fought a War to Secede From Suffolk Resolves (9 Sept 1774) Forgotten Foundation: Declaration and Resolves of the First Continental Congress Minutes of Meeting at Doty Tavern, Stoughton (18 Aug 1774) Joseph Warren – Letter to Samuel Adams (21 Aug 1774) Carl G. Karsch – The First Continental Congress: A Dangerous Journey Begins John Adams Diary (17 Sept 1774) MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on X Watch on Bitchute Watch on Brighteon Watch on LinkedIn Watch on Spotify FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post How to Beat an Empire: The Founders’ Ignored Blueprint appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center How to Beat an Empire: The Founders' Ignored Blueprint full 25:34 The Welfare Trap: Benjamin Franklin’s Forgotten Warning /2026/08/the-welfare-trap-benjamin-franklins-forgotten-warning/ Wed, 19 Aug 2026 18:26:58 +0000 /?p=45630 Politicians tell us that welfare programs are absolutely necessary - and helpful. But they ignore the fatal trap that Benjamin Franklin uncovered over 250 years ago: The more you subsidize something, the more you get - government welfare programs make things worse. The post The Welfare Trap: Benjamin Franklin’s Forgotten Warning appeared first on Tenth Amendment Center. ]]> Politicians tell us that welfare programs are absolutely necessary – and helpful. But they ignore the fatal trap that Benjamin Franklin uncovered over 250 years ago: The more you subsidize something, the more you get – government welfare programs make things worse. Path to Liberty: August 19, 2026 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives REVOLUTION BETRAYED – America Rebuilt the System the Founders Fought a War to Secede From Benjamin Franklin – On the Price of Corn and Management of the Poor (1766) Benjamin Franklin to Peter Collinson, 9 May 1753 Bastiat – What is Seen and What is Not Seen, or Political Economy in One Lesson (1850) Benjamin Franklin – On the Laboring Poor (April 1768) Henry Hazlitt – The Poor Laws of England (1971) An Act for the Relief of the Poor (1601) Richard Dunning – Bread for the Poor (1698) Thomas Jefferson – to Joseph Milligan, Addition to Note for Destutt de Tracy’s Treatise on Political Economy (18 May 1816) James Madison – On the Memorial of the Relief Committee of Baltimore, for the Relief of St. Domingo Refugees (10 Jan 1794) MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on X Watch on Bitchute Watch on Brighteon Watch on LinkedIn Watch on Spotify FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post The Welfare Trap: Benjamin Franklin’s Forgotten Warning appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center The Welfare Trap: Benjamin Franklin's Forgotten Warning full 22:58 Let’s Not Forget What Madison Said About War /2026/06/lets-not-forget-what-madison-said-about-war/ Sun, 14 Jun 2026 18:58:11 +0000 /?p=45589 What Madison is pointing out is that among all the ways that government destroys the liberty of its own people, its wars are the worst. The post Let’s Not Forget What Madison Said About War appeared first on Tenth Amendment Center. ]]> Amidst soaring gasoline prices and significant economic damage for the American people arising from President Trump’s war on Iran, we must never forget the most important factor in America’s never-ending foreign wars: the destruction of our liberty here at home. In this regard, it’s helpful to recall the wise and insightful words of James Madison, the father of our nation’s Constitution: 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 instruments for bringing the many under the domination of the few. Of course, some wars are necessary and just. In the highly unlikely (i.e., virtually impossible) possibility that a foreign regime were to invade the United States, most Americans would be willing to go to war to defend themselves from a foreign conquest. They would consider such a war to be just and necessary. But that’s clearly not what we are dealing with with respect to Iran. We are dealing with Trump’s war, which he decided to wage against Iran all on his own — or, actually, in partnership with the U.S. national-security establishment and Israeli Prime Minister Benjamin Netanyahu. There was no congressional declaration of war and Trump never sought one, which makes his war illegal under our form of constitutional government. Trump’s war on Iran was clearly one of choice — his choice — a war of aggression, which was the type of war condemned at the Nuremberg War Crimes Tribunal. Trump has claimed that his war of choice was actually a defensive war because, he says, Iran was about to develop a nuclear bomb. But that claim is as baseless as President George W. Bush’s claim that Iraqi dictator Saddam Hussein was about to unleash WMDs onto the United States. Most everyone, including the U.S. intelligence agencies, agree that Iran was at least several years away from producing a nuclear bomb and several years away from developing the capability of firing it at the United States. Moreover, there is the quite obvious point that there is no reasonable possibility that Iran would ever fire a nuclear missile at the United States knowing that the United States wields the capability of smothering Iran with a carpet-bombing campaign involving nuclear weapons. Moreover, let’s point out the obvious: If Trump’s nuclear-scare rationale for initiating his war on Iran had any validity whatsoever, does anyone really think that would he have gone to war without heavily emphasizing this imminent WMD threat to Congress and the American people before launching his war? Indeed, let’s not forget that just a few months ago, Trump stated unequivocally that a bombing spree on Iran he initiated against Iran had destroyed Iran’s nuclear capability. It is obvious that Trump figured that his war on Iran would be quickly over in 3-4 weeks. Coming on the heels of what he considered his “successful” intervention against Venezuela, he obviously figured that his intervention against Iran would result either in a regime change that would bring a U.S. puppet into power or, like Venezuela, a compliant, submissive regime that would dutifully obey the orders of Trump and the U.S. national-security establishment. This brings us to Madison’s point, a critically important point for those Americans who would still like to live in a free society before they die. That goal is simply not going to be realized so long as Americans continue living under a national-security state system in which the president wields the omnipotent, dictatorial power to initiate wars of choice and wars of aggression against any nation in the world with a massive standing army — one that is clearly willing to blindly obey his illegal and unconstitutional orders. In other words, the greatest threat to our liberty and well-being does not lie with Iran. It also does not lie with Russia, China, Cuba, Vietnam, North Korea, Venezuela, or any other nation state that the U.S. Empire has labeled an enemy, opponent, competitor, or adversary. It also does not lie with the communists, the terrorists, the illegal immigrants, the Muslims, or the drug dealers. The biggest threat to our freedom and well-being lies with our very own federal government. It is this government that has destroyed our liberty, our privacy, and our well-being with its welfare state, its warfare state, its drug war, its immigration police state, its regulated-managed economy, its debasement of our money, its progressive income tax and IRS, its $39 trillion in debt, and much more. What Madison is pointing out is that among all the ways that government destroys the liberty of its own people, its wars are the worst. Why? Because the wars encompass all of other ways that government destroys liberty! War brings armies into existence — big, expensive, permanent armies, which means more debt and higher taxes — and rules, regulations, dictates, edicts, orders, tribunals, secret surveillance, snitches, monetary debasement, price controls, rationing, shortages, rising prices, central planning, centralization of power, conscription, suppression of dissent, and much more. Moreover, don’t forget: When they initiate a war, they then have to protect us from retaliation, which means more destruction of our liberty and privacy here at home in the name of keeping us “safe.” Post 9/11 examples of this phenomenon include the USA PATRIOT Act, the massive illegal secret surveillance, and the TSA. Even worse, once the war is underway, the government, under the fake and false label of “patriotism,” enlists the support of the citizenry in the destruction of their own liberty. Anyone who dares buck the war is labeled and treated as an enemy, a traitor, a betrayer, a communist, a terrorist, or an America-hater. Madison’s point is one that every American needs to keep in mind. When one cheers for any of the president’s and the national-security establishment’s constant wars, crises, conflicts, coups, sanctions, embargoes, blockades, and the like, one is, at the same time, cheering the destruction of his own liberty and well-being at the hands of his own government. This article was originally published at the Future of Freedom Foundation and is republished here with permission from the author. The post Let’s Not Forget What Madison Said About War appeared first on Tenth Amendment Center. ]]> Refuse to Comply: Madison’s Blueprint to Stop the Feds /2026/05/refuse-to-comply-madisons-blueprint-to-stop-the-feds/ Wed, 27 May 2026 02:07:40 +0000 /?p=45577 “A refusal to cooperate.” That’s the strategy James Madison gave us to stop federal programs. In Federalist #46, he laid out a series of steps to combat “unwarrantable measures of the federal government” along with those that are “warrantable” but “unpopular.” In other words, we can use his blueprint to combat unconstitutional acts, as well […] The post Refuse to Comply: Madison’s Blueprint to Stop the Feds appeared first on Tenth Amendment Center. ]]> “A refusal to cooperate.” That’s the strategy James Madison gave us to stop federal programs. In Federalist #46, he laid out a series of steps to combat “unwarrantable measures of the federal government” along with those that are “warrantable” but “unpopular.” In other words, we can use his blueprint to combat unconstitutional acts, as well as constitutional ones that are considered bad policy. A lot of people seem to think that the federal government is too big and powerful to stop, but Madison didn’t think so at all. He insisted, “The means of opposition to it are powerful and at hand.” Madison said it starts with “the disquietude of the people.” In other words, when the federal government overreaches its authority, Madison expected the people to throw a fit. In fact, he said they would demonstrate “repugnance” at the situation. We tend to think of repugnance as an emotional reaction, but the word was defined more broadly in Madison’s day. The most used dictionary of the time defined repugnance as “disobedient; not obsequious (compliant).” In other words, if you want to stop the federal government, you have to disobey it. This is exactly what Madison said should happen – a “refusal to cooperate with officers of the Union.” That’s a big deal when the federal government depends on the cooperation of the states and the people to do virtually everything it does. Repugnance is the name of the game here at the Tenth Amendment Center. We are dedicated to drawing a clear line in the sand and resisting the federal government when it crosses it. But we need your help. JOIN TAC, SUPPORT LIBERTY just $5/month Make a One-Time Donation (more options here: annual, 5-year, lifetime) Madison noted other measures that should be added to widespread protests and this refusal to cooperate, including “the frowns of the executive magistracy of the State.” He also envisioned governors formally protesting federal actions, not only raising public awareness, but also setting the stage for the next step. “the embarrassment created by legislative devices, which would often be added on such occasions” By “legislative devices,” Madison was referring to state and local legislative action strategically tailored to thwart federal overreach, including measures specifically banning cooperation “with officers of the Union,” thereby denying the state and local support the feds need to carry out any policy. Madison insisted that this kind of action in even a single state would “impose very serious impediments.” And if several states acted together? Game over for the feds! It “would present obstructions which the federal government would hardly be willing to encounter.” The power is in our hands. Madison gave us a blueprint. But a plan only works when you put it into action. The post Refuse to Comply: Madison’s Blueprint to Stop the Feds appeared first on Tenth Amendment Center. ]]> The Most Dangerous “Weapon” We Face /2026/05/the-most-dangerous-weapon-we-face/ Mon, 04 May 2026 23:02:16 +0000 /?p=45558 Ignoring the limits of the Constitution because you don’t like the results you’ll get? George Washington called that a WEAPON to destroy freedom. The post The Most Dangerous “Weapon” We Face appeared first on Tenth Amendment Center. ]]> Ignoring the limits of the Constitution because you don’t like the results you’ll get? George Washington called that a WEAPON to destroy freedom. He laid it all out in his farewell address. First, if the people want the rules for government to be different, there’s a process in the Constitution to handle that. “​​If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates.” But that’s not how it works in practice Instead, the people allow – and even encourage – the president, Congress, and the federal courts to simply claim power and act, whether the Constitution authorizes it or not. In other words, the people let the government amend the Constitution by usurpation. This is exactly what Washington said not to do. He pleaded, “Let there be no change by usurpation.” People generally tolerate and encourage usurpation because they like the results. But Washington hinted at how short-sighted this is. “Though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.” Here at the Tenth Amendment Center, we battle this WEAPON, this short-sighted tendency every day. And we teach people that they need to stop tolerating new precedents by usurpation – even if they like the results.. This is a massive uphill battle, but duty is ours … We need your help to reach and teach as many people as possible with these essential principles from the founders. JOIN TAC, SUPPORT LIBERTY just $5/month Make a One-Time Donation (more options here: annual, 5-year, lifetime) As Washington warned, even if you like the results of the usurpation, it is setting the stage for more. That’s because whatever good comes out of these acts sets the precedent for the power to be used in other ways in the long run. “The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield.” That is, as John Dickinson described it, the “detestable precedent.” And it will ultimately be used by other people in new ways (that you probably won’t like) and – then expanded even further in the future. This is why Thomas Jefferson insisted there had to be a line in the sand.  And he warned what would happen if the people let the government cross that line. “To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.” The post The Most Dangerous “Weapon” We Face appeared first on Tenth Amendment Center. ]]> Taxation isn’t Theft. It’s Robbery. /2026/04/taxation-isnt-theft-its-robbery/ Wed, 15 Apr 2026 17:23:07 +0000 /?p=45544 The anti-federalist Luther Martin predicted government would be so hungry for your money to feed its power, they would squeeze you like “the juice from an orange.” On this episode, it’s Martin’s warnings about the taxing power - more than a century before the 16th Amendment. The post Taxation isn’t Theft. It’s Robbery. appeared first on Tenth Amendment Center. ]]> The anti-federalist Luther Martin predicted government would be so hungry for your money to feed its power, they would squeeze you like “the juice from an orange.” On this episode, it’s Martin’s warnings about the taxing power – more than a century before the 16th Amendment. Path to Liberty: April 15, 2026 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: GET THE BOOK: The Anti-Federalists Were Right? JOIN TAC Show Archives Luther Martin – Genuine Information (28 Dec 1787) Constitution – general Welfare Clause, Article I, Section 8, Clause 1 Philadelphia Convention (21 Aug 1787) Articles of Confederation – Article VIII Taxing Power: Luther Martin’s Anti-Federalist Warnings MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on X Watch on Bitchute Watch on Brighteon Watch on LinkedIn Watch on Spotify FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post Taxation isn’t Theft. It’s Robbery. appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center Taxation isn't Theft. It's Robbery. full 16:28 It’s not Money. It’s Robbery. /2026/03/its-not-money-its-robbery/ Wed, 25 Mar 2026 17:46:47 +0000 /?p=45527 You are being ripped off. When it comes to fiat paper “money” - Roger Sherman didn’t hold back. He saw it as an unjust, and totally immoral weapon that turns government into a legalized protection racket for fraud. The post It’s not Money. It’s Robbery. appeared first on Tenth Amendment Center. ]]> You are being ripped off. When it comes to fiat paper “money” – Roger Sherman didn’t hold back. He saw it as an unjust, and totally immoral weapon that turns government into a legalized protection racket for fraud. Path to Liberty: March 25, 2026 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Constitution: Article I, Section 10 Philadelphia Convention (28 Aug 1787) Roger Sherman – A Caveat Against Injustice (1752) Ron Michener – Money in the American Colonies Bob Ruppert – The Currency Act: A Problem and a Solution Maharrey – Mercantilism and the Road to the American Revolution British Mercantilism and the Cost of Empire Cleveland Fed – Paper Money and Inflation in Colonial America Lewis Timothy – An Essay on Currency (1732) MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on X Watch on Bitchute Watch on Brighteon Watch on LinkedIn Watch on Spotify FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post It’s not Money. It’s Robbery. appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center It's not Money. It's Robbery. full 25:00 They’re not Patriots. They’re Puppets. /2026/03/theyre-not-patriots-theyre-puppets/ Wed, 11 Mar 2026 17:20:14 +0000 /?p=45518 "The dupes of other men." Noah Webster told us exactly what happens when people join a political party - they become mindless puppets of people in power. His timeless warning that "faction is death to liberty" is one we can't afford to ignore any longer. The post They’re not Patriots. They’re Puppets. appeared first on Tenth Amendment Center. ]]> “The dupes of other men.” Noah Webster told us exactly what happens when people join a political party – they become mindless puppets of people in power. His timeless warning that “faction is death to liberty” is one we can’t afford to ignore any longer. Path to Liberty: March 11, 2026 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Noah Webster – The Revolution in France (1794) EPISODE: This Isn’t a Political Contest. It’s the Tyranny Washington Predicted EPISODE: Forgotten Dangers of Political Parties: Warnings We’ve Ignored for too Long MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on X Watch on Bitchute Watch on Brighteon Watch on LinkedIn Watch on Spotify FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post They’re not Patriots. They’re Puppets. appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center They're not Patriots. They're Puppets. full 17:20 The Federal Government is Not the Boss /2026/03/the-federal-government-is-not-the-boss/ Mon, 09 Mar 2026 03:50:45 +0000 /?p=45516 Not just a mere good idea - but THE way to deal with unconstitutional acts. The post The Federal Government is Not the Boss appeared first on Tenth Amendment Center. ]]> The federal government is not the boss of the states. In the Kentucky Resolutions of 1798, Thomas Jefferson emphasized this point, writing, “The several states composing the United States of America, are not united on the principle of unlimited submission to their General Government.” We’ve all heard the phrase “the states created the federal government, not the other way around.” That’s the very point that Jefferson was making. The states created a “general government for specific purposes” through a “compact under the style and title of a Constitution for the United States and of amendments thereto.” By “compact,” Jefferson meant that the Constitution is essentially a legal agreement between the states creating a union for only special purposes. As Jefferson explained it, as part of that agreement, the states “delegated to that Government certain definite powers, reserving each state to itself, the residuary mass of right to their own self Government.” In other words, the federal government was only supposed to exercise those powers delegated to it, while the states and the people themselves would retain everything else. But what happens if the general government tries to exercise powers that were never delegated to it in the first place? Jefferson said any such action would be “void.” “Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.” That covers a huge majority of all the federal acts, “laws,” rules and regulations on the books. Here at the Tenth Amendment Center, we’re working every day to reach and teach more people about these essential principles. We can’t do it alone. We need your help! JOIN TAC, SUPPORT LIBERTY Make a One-Time Donation But all this raises another question – one that might be even more important. Who decides when the general government has assumed undelegated powers? Most people will answer, “The Supreme Court decides.” But allowing the federal government to decide when the federal government oversteps its bounds only makes sense if the states were united on a principle of unlimited submission to the federal government. Instead, Jefferson argues that since the Constitution is the supreme law of the land, it’s not up to the government to decide if the government violated the rules given to it – since that would make IT the supreme law of the land. “The Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers.” Going further, it’s not just a matter of determining that the federal government has violated the Constitution and then yelling about it. There’s another step. Stop the feds. Jefferson laid out the strategy. “Where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy.” Not just a mere good idea – but THE way to deal with unconstitutional acts. The post The Federal Government is Not the Boss appeared first on Tenth Amendment Center. ]]> This Isn’t a Presidency. It’s a Throne. /2026/02/this-isnt-a-presidency-its-a-throne/ Wed, 25 Feb 2026 18:47:17 +0000 /?p=45501 The executive, James Madison warned, is the branch of power most interested in and prone to war. Empowering it to both declare and wage war, not only guarantees endless war, it’s a ROYAL power the founders fought to free themselves from. That’s why a free people must disarm the president from this potential. The post This Isn’t a Presidency. It’s a Throne. appeared first on Tenth Amendment Center. ]]> The executive, James Madison warned, is the branch of power most interested in and prone to war. Empowering it to both declare and wage war, not only guarantees endless war, it’s a ROYAL power the founders fought to free themselves from. That’s why a free people must disarm the president from this potential. Path to Liberty: February 25, 2026 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Helvidius I (24 Aug 1793) Helvidius IV (14 Sept 1793) Helvidius II (31 Aug 1793) Helvidius III (7 Sept 1793) Political Observations (20 Apr 1795) Political Reflections (23 Feb 1799)


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Liberty | Tenth Amendment Center TAC Blog: News and Updates from the Nullification Movement Thu, 20 Nov 2025 02:50:18 +0000 en-US hourly 1 Liberty | Tenth Amendment Center 32 32 yes Liberty | Tenth Amendment Center false podcast Liberty | Tenth Amendment Center Rights are not a Gift From Government Thu, 20 Nov 2025 01:44:07 +0000 The bottom line is that if we need a government permission slip, they aren’t really rights. The post Rights are not a Gift From Government appeared first on Tenth Amendment Center. ]]> Rights are not a gift from government! They flow naturally from our very existence. They are part of our human nature. That’s why the founding generation called them “natural rights.”  And as Thomas Paine explained, we all have them. Everybody. “Rights are inherently in all the inhabitants.” We possess these rights whether the government acknowledges it or not.  The bottom line is that if we need a government permission slip, they aren’t really rights. As Paine wrote, the idea that “a charter gives rights” is a “perversion of terms.” Sadly, most people today don’t claim their rights as a gift. Instead, they beg government people to respect them, appealing to the Constitution or this or that amendment in the Bill of Rights. Thomas Jefferson would have none of that nonsense.  In Jefferson’s view, it’s foolish to sit back and wait for the government to “give” rights to us. We already have them. We just have to claim and exercise them. “A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” In fact, they should have called the  Bill of Rights “The Bill of Restrictions” because it doesn’t give anybody rights. It simply prohibits the government from infringing on rights that we already have by virtue of our humanity.  The thing about restrictions is that they have to be enforced.  Here at the Tenth Amendment Center, we’re committed to protecting our natural rights from the heavy hand of government. We empower and equip people to defend their rights even as the government chips them away day after day. But we can’t do it alone. We need the support of people like you. Make a One-Time Donation Choose Your Membership Level And what are our natural rights?  Samual Adams gave a good summary when outlining the Rights of the Colonists in 1772. “First, a right to life; secondly to liberty; thirdly, to property; together with the right to support and defend them in the best manner they can.” Adams made it clear that if we are to maintain our rights, it’s up to us to defend them. We’ve got a long, long way to go to get that job done. But with your help, we’re setting the foundation once again. The post Rights are not a Gift From Government appeared first on Tenth Amendment Center. ]]> Lysander Spooner: Radical Truths on Tyranny and the Constitution /2024/12/lysander-spooner-radical-truths-on-tyranny-and-the-constitution/ Wed, 11 Dec 2024 21:57:31 +0000 /?p=44264 "Tyrants care nothing for discussions that are to end only in discussion." Lysander Spooner didn’t pull any punches. He knew that words without action were meaningless in the fight against tyranny. In this episode, we’ll dive into some of his most radical and powerful takes on the Constitution - his ideas matter now more than ever. The post Lysander Spooner: Radical Truths on Tyranny and the Constitution appeared first on Tenth Amendment Center. ]]> “Tyrants care nothing for discussions that are to end only in discussion.” Lysander Spooner didn’t pull any punches. He knew that words without action were meaningless in the fight against tyranny. In this episode, we’ll dive into some of his most radical and powerful takes on the Constitution – his ideas matter now more than ever. Path to Liberty: December 11, 2024 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Lysander Spooner – No Treason VI, The Constitution of No Authority (1870) Episode – Constitution: The Founders on the Limits of Parchment Barriers A Defence for Fugitive Slaves (1850) Essay on the Trial by Jury (1852) Episode – Jury Nullification: The People’s Secret Weapon Against Tyranny Forced Consent (1873) Address of the Free Constitutionalists to the People of the United States (1860) Episode – John Locke vs Lysander Spooner: Consent of the Governed MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on X Watch on Minds Watch on Facebook Watch on Bitchute Watch on Brighteon Watch on TikTok Watch on LinkedIn Watch on Spotify FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post Lysander Spooner: Radical Truths on Tyranny and the Constitution appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center Lysander Spooner: Radical Truths on Tyranny and the Constitution full 31:25 Illusion of Freedom Under the Largest Government in History /2024/08/illusion-of-freedom-under-the-largest-government-in-history/ Mon, 26 Aug 2024 18:53:32 +0000 /?p=44018 With the largest government in history controlling almost every aspect of our lives, it's time to ask: are we truly free, or just told we are? In this episode, we're pulling back the curtain to reveal the uncomfortable truth. The post Illusion of Freedom Under the Largest Government in History appeared first on Tenth Amendment Center. ]]> With the largest government in history controlling almost every aspect of our lives, it’s time to ask: are we truly free, or just told we are? In this episode, we’re pulling back the curtain to reveal the uncomfortable truth. Path to Liberty: August 26, 2024 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives John Whitehead – The Political Matrix Sustains the Illusion of Freedom Thomas Jefferson – Notes on the State of Virginia (1785) John Dickinson – Letters from a Farmer in Pennsylvania XI (1767) Thomas Jefferson – Draft of the Kentucky Resolutions (Oct. 1798) John Dickinson – Letters from a Farmer in Pennsylvania VII (1767) St. George Tucker – View of the Constitution of the United States (1803) Maharrey – The Biggest Most Powerful Government in the History of the World? Thomas Paine – Rights of Man, Part the Second (1792) James Otis, Jr. – Freeborn American (27 Apr 1767) John Dickinson – Fabius IV (19 Apr 1788) Benjamin Franklin – Philadelphia Convention (17 Sept 1787) Maharrey – Benjamin Franklin Urges Adoption of the Constitution with a Warning Lysander Spooner – No Treason VI (1870) MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on X Watch on Minds Watch on Facebook Watch on Bitchute Watch on Brighteon Watch on TikTok Watch on LinkedIn FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post Illusion of Freedom Under the Largest Government in History appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center Illusion of Freedom Under the Largest Government in History full 32:06 What is Liberty? 3 Views From Divine Right to Individual Rights /2024/05/what-is-liberty-3-views-from-divine-right-to-individual-rights/ Wed, 15 May 2024 20:20:17 +0000 /?p=43680 What does "liberty" truly mean? We explore 3 schools of thought, from Filmer's "divine right" to Locke & the Founding Fathers' individual rights. Plus, modern thinkers like Rothbard and more! Discover the historical roots of your freedom. The post What is Liberty? 3 Views From Divine Right to Individual Rights appeared first on Tenth Amendment Center. ]]> What does “liberty” truly mean? We explore 3 schools of thought, from Filmer’s “divine right” to Locke & the Founding Fathers’ individual rights. Plus, modern thinkers like Rothbard and more! Discover the historical roots of your freedom. Path to Liberty: May 15, 2024 Subscribe: Apple | Spotify | Podbean | Youtube Music | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Benjamin Franklin – Letter to David Hartley (4 Dec 1789) Robert Filmer – Patriarcha: The Natural Power of Kings Algernon Sidney – Discourses Concerning Government Thomas Paine – The American Crisis (23 Dec 1776) John Locke: Two Treatises Chap IV, Of Slavery John Dickinson – Letters from a Farmer in Pennsylvania No VII (1767) St. George Tucker – View of the Constitution of the United States (1803) Samuel Adams – The Rights of the Colonists (20 Nov 1772) James Madison – Property (27 Mar 1792) Episode – Property Rights are the Foundation of all the Rest Murray Rothbard – The Ethics of Liberty (pdf) Cato’s Letters, No. 62 – Thomas Gordon (20 Jan 1722) Josiah Warren – Equitable Commerce (1852) Wiki: For a New Liberty Ron Paul – Liberty Defined Frederic Bastiat – The Law Thomas Jefferson – Letter to Isaac H. Tiffany (4 Apr 1819) MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on X Watch on Minds Watch on Facebook Watch on Bitchute Watch on Brighteon Watch on TikTok Watch on LinkedIn FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post What is Liberty? 3 Views From Divine Right to Individual Rights appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center What is Liberty? 3 Views From Divine Right to Individual Rights full 31:11 Liberty and Freedom: A View from the Founders /2023/08/liberty-and-freedom-a-view-from-the-founders/ Fri, 25 Aug 2023 21:31:48 +0000 /?p=42221 To many people today, liberty is little more than choosing new people to rule over them every few years. And even in the founding generation, there was a wide range of viewpoints on just what constitutes a state of liberty. Path to Liberty, Fast Friday Edition: August 25, 2023 The post Liberty and Freedom: A View from the Founders appeared first on Tenth Amendment Center. ]]> To many people today, liberty is little more than choosing new people to rule over them every few years. And even in the founding generation, there was a wide range of viewpoints on just what constitutes a state of liberty. Path to Liberty, Fast Friday Edition: August 25, 2023 Subscribe: Apple | Spotify | Podbean | Google | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Patrick Henry – Virginia Ratifying Convention (5 June 1788) Joseph Warren – Letter to Samuel Adams (15 June 1774) John Dickinson – Letters to the Inhabitants of the British Colonies No. IV (15 June 1774) Mercy Otis Warren – Preface to History of the Rise, Progress, and Termination of the American Revolution Montesquieu – Spirit of the Laws vol 1 (1748) Algernon Sidney – Discourses Concerning Government (1698) James Lincoln – Speech in the South Carolina House (18 Jan 1788) John Dickinson – Letters from a Farmer in Pennsylvania No. 12 (1767) Fisher Ames – Massachusetts Ratifying Convention (15 Jan 1788) John Adams – Letter to John Taylor (15 April 1814) Federal Farmer No. VI Thomas Jefferson – Letter to Isaac H. Tiffany (4 Apr 1819) MORE VIDEO SOURCES Watch on Rumble Watch on Odysee Watch on Sovren Watch on Twitter Watch on Minds Watch on Facebook Watch on Bitchute Watch on Brighteon Watch on LinkedIn Watch on Gab FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post Liberty and Freedom: A View from the Founders appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center Liberty and Freedom: A View from the Founders full 18:01 Who Will Keep Our Liberties Safe? /2023/07/who-will-keep-our-liberties-safe/ Fri, 21 Jul 2023 20:20:34 +0000 /?p=42131 What if liberty and democracy are opposites? What if the principle underlying liberty is to restrain the government to maximize individual autonomy? What if the principle underlying democracy is to unleash the government to give the people whatever they want? The post Who Will Keep Our Liberties Safe? appeared first on Tenth Amendment Center. ]]> What if liberty and democracy are opposites? What if the principle underlying liberty is to restrain the government to maximize individual autonomy? What if the principle underlying democracy is to unleash the government to give the people whatever they want? What if personal liberty is an individual birthright because we are created in the image and likeness of God? What if just as God is perfectly free, we are perfectly free? What if our personal liberties are integral to our humanity? What if personal freedom — which we are free to abuse — is God’s greatest gift, after life itself? What if, without freedom, we would not be fully human but subservient to whomever or whatever took our freedoms away or persuaded us to surrender them? What if government is essentially the negation of liberty? What if some liberties should be negated? What if those liberties that should be negated consist of the liberty to violate the natural rights of others by taking their lives, liberties and properties? What if government does this every day because it wants to tell us how to live? What if no one consented to a government that takes property and freedom from the people it governs? What if the right to worship or not, to think as you wish, say what you think, to publish what you say, to associate — or not — with whomever you choose, to defend yourself using the same means as the government and bad guys, to enjoy the right to privacy, to keep the government off your property and your back and out of your face, to travel wherever and whenever, to engage in commercial intercourse on private property freely and without the need for government permission are natural, personal rights that no government — whether by edict, legislation or referendum — can morally impede or discard? What if democracy offers the government tools to take our personal liberty and private property? What if, under a democracy, the government grows and liberty shrinks? What if that’s because the democratic government desperately wants to stay in power, and in order to do so, it takes wealth from some and gives it to others? What if those from whom it takes wealth never consented to the takings? What if, in a democracy, the public treasury has turned into a public trough? What if, in a democracy, those in power find ways around laws intended to limit their power? What if the government is essentially the judge of its own powers? What if no matter which party is in power, the government acts as if it can right any wrong, regulate any behavior, tax any event, and insinuate itself into any controversy — whether authorized by the Constitution or not? What if the Constitution is the supreme law of the land? What if it was written to establish the government and to limit it? What if its amendments expressly guarantee that the government shall not interfere with the exercise of natural rights? What if the government does so anyway? What if the government’s excuse is always emergency or safety? What if it promises during “an emergency” that it will bring safety in return for a surrender of liberty? What if the Ninth Amendment commands that the government may not deny or disparage natural rights, no matter the emergency? What if this liberty-for-safety-in-an-emergency offer is the Devil’s bargain? What if surrendering liberty does not lead to safety but only more government? What if — since liberty is a personal birthright — you can surrender your own liberty but you cannot your neighbor’s? What if the government takes liberty whether voluntarily surrendered or not? What if the theory of the Constitution is that the states voluntarily surrendered some of their sovereign powers to the federal government so that it can address federal issues that are spelled out in the Constitution? What if the theory of state sovereignty is that the people in each state voluntarily surrendered some personal liberty in return for the protection of natural rights? What if the only liberty surrendered is the liberty to impair the natural rights of others? What if no rational person has surrendered to government the liberty to walk the streets, to go to work, to operate and patronize lawful businesses, and to control absolutely one’s own body? What if the Fifth Amendment commands that the government cannot take property rights without paying the owner their fair market value? What if the government and its friends in the media have scared the daylights out of hundreds of millions of Americans so that they will peacefully surrender their rights and livelihoods during the government’s emergency, and thus bring about the government’s version of safety? What if there are no emergency powers in the Constitution? What if, after the War Between the States, the Supreme Court ruled there was no emergency power to deny basic civil liberties? What if state legislatures are utterly without power to interfere with our daily choices in the name of emergency and safety? What if those same state legislatures cannot give to governors powers that they do not have? What if all government restrictions on personal autonomy directly defy the Constitution? What if the government doesn’t care? What if millions who lost personal autonomy don’t care because they have accepted the Devil’s bargain that somehow voluntary servitude will bring them temporary health and safety? What if they have forgotten about the safety of their personal liberties? What if democracy and liberty can only co-exist when the government is faithful to the Constitution? What if the history of American government is its infidelity to the Constitution? What if liberty taken or surrendered is not returned? What will we do about it? The post Who Will Keep Our Liberties Safe? appeared first on Tenth Amendment Center. ]]> Protecting Liberty is Up to the People /2022/08/protecting-liberty-is-up-to-the-people/ Tue, 23 Aug 2022 02:39:53 +0000 /?p=40016 There is nobody riding in on a white horse to make us free. It's ultimately up to "the supreme sovereignty" of the people. The post Protecting Liberty is Up to the People appeared first on Tenth Amendment Center. ]]> There is nobody riding in on a white horse to make us free. It’s ultimately up to “the supreme sovereignty” of the people. View this post on Instagram A post shared by Tenth Amendment Center (@tenthamendmentcenter) For More Information Resistance is Crucial to the Advancement of Liberty 10th Amendment Essentials: Sovereignty and Resistance The post Protecting Liberty is Up to the People appeared first on Tenth Amendment Center. ]]> Stop Asking Permission /2022/06/stop-asking-permission/ Wed, 29 Jun 2022 20:48:56 +0000 /?p=39789 A free people doesn't ask permission to live free. We need to rethink how we define freedom. It doesn't come from government. The post Stop Asking Permission appeared first on Tenth Amendment Center. ]]> A free people doesn’t ask permission to live free. We need to rethink how we define freedom. It doesn’t come from government. View this post on Instagram


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Originalism | Tenth Amendment Center TAC Blog: News and Updates from the Nullification Movement Thu, 22 May 2025 02:38:51 +0000 en-US hourly 1 Originalism | Tenth Amendment Center 32 32 yes Originalism | Tenth Amendment Center false podcast Originalism | Tenth Amendment Center Law as a Weapon: How Tyrants Say it’s “Legal” to Crush You Fri, 16 May 2025 17:13:27 +0000 The post Dean Chemerinsky is Wrong on Originalism (Again) appeared first on Tenth Amendment Center. ]]> In The Atlantic, Erwin Chemerinsky: Even the Founders Didn’t Believe in Originalism.  He principally argues points, both of which have been refuted many times, but it’s probably worth going through them again.  A third, which he introduces only at the end, is somewhat interesting. First, he says that the Constitution’s original meaning does not convey a power of judicial review: Nothing in Article III explicitly authorizes courts to review the constitutionality of laws and executive actions. Article III, Section 2, defines the types of “cases” and “controversies” the federal courts may hear, but it says nothing whatsoever about a power to declare laws or executive acts unconstitutional. Nor is this power inherent in the authority granted to courts by Article III. Even if federal courts could not declare laws unconstitutional, they still could exercise their constitutional authority to decide the cases and controversies that come before them. Federal courts could apply federal law, decide diversity cases, and resolve all of the other matters enumerated in Article III, Section 2 without being allowed to invalidate a statute or executive action on constitutional grounds. No such power existed in English courts. One would think that if the Framers meant for the Constitution to deviate from English law and practice in such a fundamental way, they would have been explicit about it. This is wrong on two counts.  As to the text, Article III gives federal courts jurisdiction over cases “arising under this Constitution.”  What are cases arising under the Constitution? The Constitution constrains governmental action; necessarily, a case arising under the Constitution is a claim that some governmental action violates the Constitution and thus should not be permitted by the courts.  I don’t see what else it could be.  (The above-quoted discussion is all Dean Chemerinsky says about Article III; he does not mention the courts’ jurisdiction over constitutional cases). Moreover, Article VI makes “this Constitution … the supreme Law of the Land” with judges “bound thereby”, and requires that “judicial Officers … shall be bound by Oath or Affirmation, to support this Constitution.”  Coupled with Article III’s grant of constitutional jurisdiction, this seems plainly to direct courts to make independent judgments of the constitutionality of governmental action. As to the deviation from English law, the central point of the written Constitution was to deviate from English law, which did not have a single source of constitutional rights and structure that could be enforced by judges.  (As an aside, English judges had power to invalidate executive action on constitutional grounds; they did not have power to constrain parliament on constitutional grounds, but again the Constitution’s central project was to reject the unlimited sovereignty of Parliament in favor of a limited legislative power in Congress). Chemerinsky continues: Nor do the records of the Constitutional Convention reveal an agreed-upon desire to give the Supreme Court the power to strike down laws or executive actions. … Alexander Hamilton argued for this power in “Federalist No. 78,” so perhaps it was assumed that judicial review would exist. Some state courts did exercise that power. But this is a flimsy basis for such a consequential authority, which has been central to American constitutional law and government since its creation by Marbury v. Madison in 1803. This does not seem like a “flimsy basis” to me, especially added to the textual evidence noted above.  If a pre-Convention understanding of judicial power in the states was that it included the power to invalidate governmental action under the written state constitutions, and if the leading (and uncontradicted) post-Convention explanation of the judicial power in the Constitution was that it included the power to invalidate governmental action under the written federal Constitution, that seems like strong evidence to me that the text means what it appears to say in giving courts constitutional jurisdiction. Chemerinsky then shifts to a second argument: Assuming that originalists can surmount this problem and somehow make a convincing case that judicial review is justified under the original meaning of the Constitution, they run right into another problem. … Originalism requires that [interpreters] ask: What was the original understanding of how the Constitution should be interpreted? In his 1985 article “The Original Understanding of Original Intent,” the law professor H. Jefferson Powell laid out strong evidence that the Framers of the Constitution never meant their own intent to be controlling. At the Philadelphia Convention, the Framers explicitly indicated that they did not want their specific intentions to control the Constitution’s interpretation. Years later, James Madison maintained that the Philadelphia proceedings “can have no authoritative character” and that the document coming out of it “was nothing more than the draft of a plan, nothing but a dead letter, until life and validity were breathed into it by the voice of the people, speaking through [the state] Conventions” that ratified the Constitution in 1787–90. The delegates also took steps to shield convention records from public view. They met under a rule of secrecy and preserved the records’ confidentiality when they adjourned by depositing the documents with George Washington. The records remained in “confidential limbo” until 1818, when John Quincy Adams organized and published them. Those looking for evidence of original meaning in the Philadelphia debates often use Madison’s notes. These are apparently the most comprehensive of several unofficial reports, yet they covered no more than 10 percent of the proceedings. Madison himself treated his notes as private property because he thought that the proceedings “could never be regarded as the oracular guide in expounding the Constitution.” The late Yale professor Boris Bittker argued that originalists have failed to explain why the Framers’ intent should be reconstructed from a private document that Madison intentionally withheld. This argument has been answered many times by originalist scholars, and indeed in part by Professor Powell himself.  Modern originalism does not see the “Framers’ intent” as the touchstone of constitutional meaning.  Rather, the meaning comes from the text itself, understood in the context in which it was adopted.  Public statements of the framers, along with those of other members of the founding generation, can be helpful in determining that textual meaning.  But these statements (much less the Framers’ private intentions) are not “controlling”.  The text is controlling.  Dean Chemerinsky is arguing against a form of originalism that hasn’t been widespread since the 1980s. Specifically as to Madison’s notes, their limitations are widely recognized and they are not commonly treated as authoritative as to meaning by originalist scholars.  (Justice Scalia did not cite the Convention records often, for example.)  The notes can be helpful in understanding why a particular clause took the form it did, or how people of the founding generation used language, and so can be a sometimes useful tool in determining textual meaning, but they are not (to most originalists) more than that. Chemerinsky ultimately acknowledges that he’s arguing against an old form of originalism, and in response advances a third argument: Originalists might answer that I have ignored how originalism has changed over time. The legal philosophy initially focused on the Framers’ intent, and their rejection of originalism would be relevant under that approach. Now, however, most originalists focus on determining the original meaning of a constitutional provision rather than the specific intent of the Framers. Therefore, they would say, my argument about the drafters’ theory of interpretation is misguided and irrelevant.  [Ed.:  Yep.] Still, this does not solve the originalists’ incoherence problem. Originalism would be justified under its own terms only if there was a basis for concluding that the original understanding of Article III was for judicial review to follow the original meaning of the Constitution. No support exists for such an assertion. … The original meaning of the Constitution, if it included judicial review at all, did not embrace originalism as the method for interpreting the document. Originalism then self-destructs; to follow originalism requires abandoning it. Though underdeveloped, this raises an interesting point.  Does originalism’s coherence depend on proof that the the Constitution’s original meaning contains a direction to use the original meaning? Originalists might well respond that the Constitution’s original meaning does have such a direction.  Dean Chemerinsky dismisses this idea without much discussion, but a number of originalist scholars (including co-bloggers Mike Rappaport and Chris Green) have made versions of the argument.  And indeed, it seems implausible that the Framers would have spent many un-air-conditioned months in Philadelphia in the summer developing a fairly detailed plan of government on the background assumption that future judges could say that their language meant whatever the judges thought it should.  Rather, when one uses language, especially legal language, the ordinary assumption (absent contrary indications) is that it contains fixed directions — otherwise, what’s the point? But the more interesting question is whether originalists are bound to make this argument to avoid “incoherence” and “self-destruct[ion].”  I think perhaps not.  Why could one not say (a) I’m not sure how the Framers expected the text to be interpreted, but (b) for normative reasons, principally rule of law values such as neutrality, stability and constraint, I think the best course would be to use the text’s original meaning, as opposed to a meaning to be invented by modern judges? RELATED:  The Atlantic article notes that it is excerpted from Dean Chemerinsky’s new book, Worse Than Nothing: The Dangerous Fallacy of Originalism (Yale University Press 2022).  Adam White reviews the book in the Wall Street Journal (somewhat unfavorably) here. NOTE: This post was originally published at The Originalism Blog, “The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law,” and is reposted here with permission from the author. The post Dean Chemerinsky is Wrong on Originalism (Again) appeared first on Tenth Amendment Center. ]]> On Originalism and Textualism /2022/03/on-originalism-and-textualism/ Tue, 22 Mar 2022 16:56:17 +0000 /?p=39289 Some harsh comments for Noah Feldman's false views on Scalia and originalism. The post On Originalism and Textualism appeared first on Tenth Amendment Center. ]]>


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Uncategorized | Tenth Amendment Center TAC Blog: News and Updates from the Nullification Movement Tue, 12 Nov 2024 23:13:04 +0000 en-US hourly 1 Uncategorized | Tenth Amendment Center 32 32 yes Uncategorized | Tenth Amendment Center false podcast Uncategorized | Tenth Amendment Center Iowa Bill Would Take Step Against a Potential Central Bank Digital Currency Sun, 11 Feb 2024 21:17:43 +0000 The legislation would prohibit state governmental agencies from accepting a payment using central bank digital currency. It would also bar them from participating in any test of central bank digital currency. The post Iowa Bill Would Take Step Against a Potential Central Bank Digital Currency appeared first on Tenth Amendment Center. ]]> DES MOINES, Iowa (Feb. 11, 2024) – A bill filed in the Iowa House would take a small step toward limiting the impact of any potential future central bank digital currency (CBDC). Rep. Charlie Thomson introduced House Bill 2358 (HF2358) on Feb. 7. The legislation would prohibit state governmental agencies from accepting a payment using central bank digital currency. It would also bar them from participating in any test of central bank digital currency. The bill is similar to a law passed in Alabama in 2023. IN PRACTICE In the spirit of James Madison’s blueprint in Federalist #46, the enactment of HF2358 would create “impediments” to the implementation of a CBDC in Iowa. Madison said “a refusal to cooperate with officers of the union” along with “the embarrassments created by legislative devices,” would “oppose, in any State, difficulties not to be despised.” Other states have also taken steps to push back against the use of CBDCs. Florida and Indiana both enacted laws that remove a central bank digital currency (CBDC) as money in the state Uniform Commercial Code (UCC). How such legislation will play out in practice against a CBDC, should the federal government attempt to implement one, is unknown. Opponents of the legislation generally take the position that states can’t do anything to stop a CBDC, since – according to their view – under the supremacy clause “any federal law on this point will automatically override state law.” We’ve heard this song and dance on other issues before. In the ramp-up to the 1996 vote on Proposition 215 in California, voters were repeatedly told that legalization of marijuana, even for limited medical purposes, was a fruitless effort, since, under the supremacy clause, any such state law would be automatically overridden by the Controlled Substances Act of 1970 (CSA). At best, opponents told Californians, the state would end up in a costly, and losing court effort. But despite those warnings, Californians voted yes, setting in motion the massive state-level movement we see today, where a growing majority of states have legalized what the federal government prohibits. Ultimately, the federal government will likely have to back down, even if just to save face, because it has become impossible to fully enforce its federal prohibition over this massive state and individual resistance. A similar situation has played out in response to the REAL ID Act of 2005, already 17 years late on full implementation because a significant number of states have decided not to participate, or in some cases, just provide residents with a choice to opt out. There, federal officials have confirmed that state-level roadblocks to implementation are the primary reason for the continuing delays. “Roadblock” is likely the way this legislation to oppose a CBDC could play out, and it’s part of James Madison’s four-step blueprint for how states can stop federal programs. But, as can be seen so far with issues like marijuana and the REAL ID Act, whether a federal program is implemented or not ultimately gets down to the number of roadblocks put up by states, and the willingness of the people to participate, or not. CENTRAL BANK DIGITAL CURRENCIES (CBDC) Digital currencies exist as virtual banknotes or coins held in a digital wallet on your computer or smartphone. The difference between a central bank (government) digital currency and peer-to-peer electronic cash such as bitcoin is that the value of the digital currency is backed and controlled by the government, just like traditional fiat currency. Government-issued digital currencies are sold on the promise of providing a safe, convenient, and more secure alternative to physical cash. We’re also told it will help stop dangerous criminals who like the intractability of cash. But there is a darker side – the promise of control. At the root of the move toward government digital currency is “the war on cash.” The elimination of cash creates the potential for the government to track and even control consumer spending. Imagine if there was no cash. It would be impossible to hide even the smallest transaction from the government’s eyes. Something as simple as your morning trip to Starbucks wouldn’t be a secret from government officials. As Bloomberg put it in an article published when China launched a digital yuan pilot program in 2020, digital currency “offers China’s authorities a degree of control never possible with physical money.” The government could even “turn off” an individual’s ability to make purchases. Bloomberg described just how much control a digital currency could give Chinese officials. The PBOC has also indicated that it could put limits on the sizes of some transactions, or even require an appointment to make large ones. Some observers wonder whether payments could be linked to the emerging social-credit system, wherein citizens with exemplary behavior are ‘whitelisted’ for privileges, while those with criminal and other infractions find themselves left out. ‘China’s goal is not to make payments more convenient but to replace cash, so it can keep closer tabs on people than it already does,’ argues Aaron Brown, a crypto investor who writes for Bloomberg Opinion.” Economist Thorsten Polleit outlined the potential for Big Brother-like government control with the advent of a digital euro in an article published by the Mises Wire. As he put it, “the path to becoming a surveillance state regime will accelerate considerably” if and when a digital currency is issued. In 2022, the Federal Reserve released a “discussion paper” examining the pros and cons of a potential US central bank digital dollar. According to the central bank’s website, there has been no decision on implementing a digital currency, but this pilot program reveals the idea is further along than most people realized. WHAT’S NEXT HF2358 was referred to the House Commerce Committee where it must get a hearing and pass by a majority vote before moving forward in the legislative process. The post Iowa Bill Would Take Step Against a Potential Central Bank Digital Currency appeared first on Tenth Amendment Center. ]]> Florida 2nd Amendment Financial Privacy Act Signed as Law /2023/05/florida-2nd-amendment-financial-privacy-act-signed-as-law/ Fri, 12 May 2023 23:29:47 +0000 /?p=41834 he 2nd Amendment Financial Privacy Act prohibits a payment settlement entity, merchant acquiring entity, or a third-party settlement organization from assigning a merchant category code or otherwise classifying a merchant that is a seller of firearms or ammunition separately from general merchandise retailers or sporting goods retailers. The post Florida 2nd Amendment Financial Privacy Act Signed as Law appeared first on Tenth Amendment Center. ]]> TALLAHASSEE, Fla. (May 12, 2023) –  Today, Florida Governor Ron DeSantis signed a bill into law that prohibits financial institutions operating in the state from using a credit card merchant code that would enable the tracking of firearm and ammunition purchases. Sen. Daniel Burgess (R) filed Senate Bill 214 (S214) on Jan. 17. The 2nd Amendment Financial Privacy Act prohibits a payment settlement entity, merchant acquiring entity, or a third-party settlement organization from assigning a merchant category code or otherwise classifying a merchant that is a seller of firearms or ammunition separately from general merchandise retailers or sporting goods retailers. Under the law, the Florida Department of Agriculture and Consumer Services is empowered to investigate violations of this provision and bring an administrative action seeking to impose an administrative fine on violators. In response to legislation like S214, the major credit card payment networks have “paused” implementation of the firearms merchant code. In an email to Reuters, a Mastercard representative said such bills would cause “inconsistency” in how the code could be applied by merchants, banks and payment networks. The more states that ban such codes, the more likely this program gets scrapped permanently. In September 2022, the International Standards Organization, based in Switzerland, approved a new merchant category code for firearm and ammunition merchants. In the letter to payment card networks, federal lawmakers stated that the new Merchant Category Code for firearms retailers would be “. . .the first step towards facilitating the collection of valuable financial data that could help law enforcement in countering the financing of terrorism efforts,” expressing a clear government expectation that networks will utilize the new Merchant Category Code to conduct mass surveillance of constitutionally protected firearms and ammunition purchases in cooperation with law enforcement. The legislative findings in S214 state, “The new merchant category code may result in credit card companies reporting law-abiding citizens to a law enforcement agency based on overbroad definitions of suspicious activity and the creation of a de facto gun registry and watchlists of law-abiding citizens.” On March 23rd, the full Senate took up the measure, passing it by a vote of 27-11. The House concurred with a vote of 83-32. With DeSantis’ signature, the law goes into effect on July 1, 2023. IMPACT ON FEDERAL SURVEILLANCE As the legislative findings warn, data collected from this merchant code would almost certainly end up in federal government databases. Concern about the misuse of federal firearms databases isn’t just paranoia. The Taliban has reportedly used a firearm ownership database created by the U.S. government to track down gun owners and confiscate firearms in Afghanistan. This goes to show that even if you trust the people creating the database, it can fall into the wrong hands. In other words, the very existence of a database is a danger. The feds can share and tap into vast amounts of information gathered at the state and local level through fusion centers and a system known as the “information sharing environment” or ISE. Fusion centers were sold as a tool to combat terrorism, but that is not how they are being used. The ACLU pointed to a bipartisan congressional report to demonstrate the true nature of government fusion centers: “They haven’t contributed anything meaningful to counterterrorism efforts. Instead, they have largely served as police surveillance and information sharing nodes for law enforcement efforts targeting the frequent subjects of police attention: Black and brown people, immigrants, dissidents, and the poor.” Fusion centers operate within the broader ISE. According to its website, the ISE “provides analysts, operators, and investigators with information needed to enhance national security. These analysts, operators, and investigators…have mission needs to collaborate and share information with each other and with private sector partners and our foreign allies.” In other words, ISE serves as a conduit for the sharing of information gathered without a warrant. Known ISE partners include the Office of Director of National Intelligence which oversees 17 federal agencies and organizations, including the NSA. ISE utilizes these partnerships to collect and share data on the millions of unwitting people they track. In practice, local data collection using ALPRs, stingrays, drones and other spy technologies create the potential for the federal government to obtain and store information on millions of Americans including phone calls, emails, web browsing history, location history, and text messages, all with no warrant, no probable cause, and without the people even knowing it. In a nutshell, without state and local assistance, the feds have a much more difficult time gathering information. When the state limits surveillance and data collection, it means less information the feds can tap into. This represents a major blow to the surveillance state and a win for privacy.   The post Florida 2nd Amendment Financial Privacy Act Signed as Law appeared first on Tenth Amendment Center. ]]> Minnesota House Passes Bill to Legalize Marijuana Despite Federal Prohibition /2023/04/minnesota-house-passes-bill-to-legalize-marijuana-despite-federal-prohibition/ Wed, 26 Apr 2023 15:25:18 +0000 /?p=41714 Under the bill as approved by the House, a person over 21 would be allowed to possess up to two ounces of marijuana in public and 1.5 pounds at home, with lower limits for cannabis concentrates (8 grams) or THC edibles (800 milligrams of THC). It would also allow members of the public to home grow up to eight plants. The post Minnesota House Passes Bill to Legalize Marijuana Despite Federal Prohibition appeared first on Tenth Amendment Center. ]]> St. Paul, Minnesota (Apr. 26, 2023) – On Tuesday, the Minnesota House passed a bill to legalize marijuana for recreational use despite federal prohibition on the same.. Rep. Zack Stephenson (D) and 18 other Democrat legislators filed House Bill 100 (HF100) on Jan. 5. Under the bill as approved by the House, a person over 21 would be allowed to possess up to two ounces of marijuana in public and 1.5 pounds at home, with lower limits for cannabis concentrates (8 grams) or THC edibles (800 milligrams of THC). It would also allow members of the public to home grow up to eight plants. The legislation — which has the culmination of hours of testimony and 16 committee hearings — would also automatically expunge low-level cannabis convictions and set up an expungement board to consider felony offenses as well. A new Office of Cannabis Management would be created to regulate the cannabis retail market and issue licenses, while cannabis sales would be taxed at eight percent. None of this, of course, is legal under federal law. On late Tuesday evening, the House passed the bill by a vote of 71-59 on almost complete partisan lines. EFFECT ON FEDERAL PROHIBITION Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains a complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate cannabis within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition. The legalization of low-THC medicinal cannabis removed a small layer of laws prohibiting the possession and use of marijuana in the state even though federal prohibition remains in effect. The creation of a broader medical marijuana system would wipe more state prohibition laws from the books. This is significant because FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. When states stop enforcing marijuana laws, they sweep away most of the basis for 99 percent of marijuana arrests. Furthermore, figures indicate it would take 40 percent of the DEA’s yearly budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance. A GROWING MOVEMENT Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. Michigan followed suit when voters legalized cannabis for general use in 2018. Vermont became the first state to legalize marijuana through a legislative act in 2018. Illinois followed suit in 2019. New Jersey, Montana and Arizona all legalized recreational marijuana through ballot measures in the 2020 election. In 2021, New York, New Mexico, Virginia and Connecticut legalized marijuana through legislative action, and Rhode Island legalized cannabis for adult use in 2022. With Missouri and Maryland legalizing marijuana in November, there are now 37 states allowing cannabis for medical use, and 21 legalizing for adult recreational use. The lesson here is pretty straightforward. As Tenth Amendment Center Executive Director Michael Boldin noted, “When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations, or mandates down our throats.” WHAT’S NEXT HF100 has been transmitted to the Senate, where a companion bill is already set for floor action later this week. A joint panel of lawmakers will likely meet in a conference committee to sort out differences before the session ends next month. The post Minnesota House Passes Bill to Legalize Marijuana Despite Federal Prohibition appeared first on Tenth Amendment Center. ]]> Florida Senate Passes Bill to Prohibit Using Credit Card Information to Track Firearms Purchases /2023/03/florida-senate-passes-bill-to-prohibit-using-credit-card-information-to-track-firearms-purchases/ Fri, 24 Mar 2023 16:04:20 +0000 /?p=41467 The 2nd Amendment Financial Privacy Act would prohibit a payment settlement entity, merchant acquiring entity, or a third-party settlement organization from assigning a merchant category code or otherwise classifying a merchant that is a seller of firearms or ammunition separately from general merchandise retailers or sporting goods retailers. The post Florida Senate Passes Bill to Prohibit Using Credit Card Information to Track Firearms Purchases appeared first on Tenth Amendment Center. ]]> TALLAHASSEE, Fla. (March 24, 2023) –  Yesterday, the Florida Senate passed a bill that would prohibit financial institutions operating in the state from using a credit card merchant code that would enable the tracking of firearm and ammunition purchases. Sen. Daniel Burgess (R) filed Senate Bill 214 (S214) on Jan. 17. The 2nd Amendment Financial Privacy Act would prohibit a payment settlement entity, merchant acquiring entity, or a third-party settlement organization from assigning a merchant category code or otherwise classifying a merchant that is a seller of firearms or ammunition separately from general merchandise retailers or sporting goods retailers. Under the proposed law, the Florida Department of Agriculture and Consumer Services would be empowered to investigate violations of this provision and bring an administrative action seeking to impose an administrative fine on violators. In September 2022, the International Standards Organization, based in Switzerland, approved a new merchant category code for firearm and ammunition merchants. In the letter to payment card networks, federal lawmakers stated that the new Merchant Category Code for firearms retailers would be “. . .the first step towards facilitating the collection of valuable financial data that could help law enforcement in countering the financing of terrorism efforts,” expressing a clear government expectation that networks will utilize the new Merchant Category Code to conduct mass surveillance of constitutionally protected firearms and ammunition purchases in cooperation with law enforcement. The legislative findings in S214 state, “The new merchant category code may result in credit card companies reporting law-abiding citizens to a law enforcement agency based on overbroad definitions of suspicious activity and the creation of a de facto gun registry and watchlists of law-abiding citizens.” On March 15, the Senate Rules Committee passed S214 by a 14-5 vote.  The Senate Commerce and Tourism Committee previously approved the measure by a 7-2 vote and the Senate Banking and Insurance Committee previously passed the bill by a 9-3 vote. Yesterday, the full Senate took up the measure, passing it by a vote of 27-11. IMPACT ON FEDERAL PROGRAMS As the legislative findings warn, data collected from this merchant code would almost certainly end up in federal government databases. Concern about the misuse of federal firearms databases isn’t just paranoia. The Taliban has reportedly used a firearm ownership database created by the U.S. government to track down gun owners and confiscate firearms in Afghanistan. This goes to show that even if you trust the people creating the database, it can fall into the wrong hands. In other words, the very existence of a database is a danger. The feds can share and tap into vast amounts of information gathered at the state and local level through fusion centers and a system known as the “information sharing environment” or ISE. Fusion centers were sold as a tool to combat terrorism, but that is not how they are being used. The ACLU pointed to a bipartisan congressional report to demonstrate the true nature of government fusion centers: “They haven’t contributed anything meaningful to counterterrorism efforts. Instead, they have largely served as police surveillance and information sharing nodes for law enforcement efforts targeting the frequent subjects of police attention: Black and brown people, immigrants, dissidents, and the poor.” Fusion centers operate within the broader ISE. According to its website, the ISE “provides analysts, operators, and investigators with information needed to enhance national security. These analysts, operators, and investigators…have mission needs to collaborate and share information with each other and with private sector partners and our foreign allies.” In other words, ISE serves as a conduit for the sharing of information gathered without a warrant. Known ISE partners include the Office of Director of National Intelligence which oversees 17 federal agencies and organizations, including the NSA. ISE utilizes these partnerships to collect and share data on the millions of unwitting people they track. In practice, local data collection using ALPRs, stingrays, drones and other spy technologies create the potential for the federal government to obtain and store information on millions of Americans including phone calls, emails, web browsing history, location history, and text messages, all with no warrant, no probable cause, and without the people even knowing it. In a nutshell, without state and local assistance, the feds have a much more difficult time gathering information. When the state limits surveillance and data collection, it means less information the feds can tap into. This represents a major blow to the surveillance state and a win for privacy. WHAT’S NEXT S214 now moves to the House for further consideration, where the companion bill (H221) is currently moving forward through the committee process. The post Florida Senate Passes Bill to Prohibit Using Credit Card Information to Track Firearms Purchases appeared first on Tenth Amendment Center. ]]> Arizona Senate Passes Defend the Guard Act /2023/03/arizona-senate-passes-defend-the-guard-act/ Tue, 21 Mar 2023 23:00:16 +0000 /?p=41438 Titled the Defend the Guard Act, the legislation would prohibit the governor from releasing any unit or member of the Arizona National Guard into “active duty combat” unless specific constitutional requirements are met The post Arizona Senate Passes Defend the Guard Act appeared first on Tenth Amendment Center. ]]> PHOENIX, Ariz. (March 21, 2023) – Today, the Arizona Senate narrowly passed the Defend the Guard Act, a bill to require the governor to stop unconstitutional foreign combat deployments of the state’s National Guard troops. Passage into law would take a big step toward restoring the founders’ framework for a state-federal balance under the Constitution. Sen. Wendy Rogers (R) and three fellow Republicans introduced Senate Bill 1367 (SB1367) on Jan. 31. Titled the Defend the Guard Act, the legislation would prohibit the governor from releasing any unit or member of the Arizona National Guard into “active duty combat” unless specific constitutional requirements are met: The United States Congress passes an official declaration of war or takes an official action pursuant to article I, section 8, clause 15, United States Constitution, that calls on the National Guard to expressly execute the laws of the union, repel an invasion or suppress an insurrection. “Active duty combat” is defined as performing the following services in the active federal military service of the United States: Participation in an armed conflict; Performance of a hazardous service in a foreign state; or Performance of a duty through an instrumentality of war. “Official declaration of war” is defined as “an official declaration of war made by the United States Congress pursuant to Article I, Section 8, Clause 11 of the United States Constitution.” Last month, the Senate Military Affairs and Public Safety Committee approved the Arizona Defend the Guard Act by a vote of 4-3. On March 6, the Senate Rules committee also passed SB1367 by a 4-3 vote. Today, the full Senate approved SB1367 by a vote of 16-13-1. IN PRACTICE National Guard troops have played significant roles in all modern overseas conflicts, with over 650,000 deployed since 2001. Military.com reports that “Guard and Reserve units made up about 45 percent of the total force sent to Iraq and Afghanistan, and received about 18.4 percent of the casualties.” More specifically, Arizona National Guard troops have participated in missions in Iraq, Afghanistan and other countries. Since none of these missions have been accompanied by a Constitutional declaration of war, nor were they in pursuance of any of the three conditions set forth in Article 1 Sec. 8, the Defend the Guard Act would have prohibited those deployments. BACKGROUND Article I, Section 8, Clauses 15 and 16 make up the “militia clauses” of the Constitution. Clause 16 authorizes Congress to “provide for organizing, arming, and disciplining, the Militia.” Through the Dick Act of 1903, Congress organized the militia into today’s National Guard, limiting the part of the militia that could be called into federal service rather than the “entire body of people,” which makes up the totality of the “militia.” Thus, today’s National Guard is governed by the “militia clauses” of the Constitution, and this view is confirmed by the National Guard itself. Clause 15 delegates to Congress the power to provide for “calling forth the militia” in three situations only: 1) to execute the laws of the union, 2) to suppress insurrections, and 3) to repel invasions. During state ratifying conventions, proponents of the Constitution, including James Madison and Edmund Randolph, repeatedly assured the people that this power to call forth the militia into federal service would be limited to those very specific situations, and not for general purposes, like helping victims of a disease outbreak or engaging in “kinetic military actions.” RETURNING TO THE CONSTITUTION The founding generation was careful to ensure the president wouldn’t have the power to drag the United States into endless wars. James Madison made this clear in a letter to Thomas Jefferson. The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, & most prone to it. It has accordingly with studied care, vested the question of war in the Legislature. Congress has abrogated its responsibility and allowed the president to exercise almost complete discretion when it comes to war. The passage of Defend the Guard legislation would pressure Congress to do its constitutional duty. West Virginia Rep. Pat McGeehan served as an Air Force intelligence officer in Afghanistan and has sponsored similar legislation in his state. “For decades, the power of war has long been abused by this supreme executive, and unfortunately our men and women in uniform have been sent off into harm’s way over and over,” he said. “If the U.S. Congress is unwilling to reclaim its constitutional obligation, then the states themselves must act to correct the erosion of constitutional law.” Passage of Defend the Guard would also force the federal government to only use the Guard for the three expressly-delegated purposes in the Constitution, and at other times to remain where the Guard belongs, at home, supporting and protecting their home state. While getting this bill passed won’t be easy and will face fierce opposition from the establishment, it certainly is, as Daniel Webster once noted, “one of the reasons state governments even exist.” Webster made this observation in an 1814 speech on the floor of Congress where he urged actions similar to the Oklahoma Defend the Guard Act. He said, “The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist.” WHAT’S NEXT SB1367 will now move to the House for further consideration. It will first need to pass through the committee process before the full Chamber can concur. Residents of Arizona are strongly urged to contact their state representative to firmly request that they support the bill (locate contact info here) The post Arizona Senate Passes Defend the Guard Act appeared first on Tenth Amendment Center. ]]> Oklahoma House Committee Passes Bill Banning Enforcement of Future Federal Gun Control /2023/03/oklahoma-house-committee-passes-bill-banning-enforcement-of-future-federal-gun-control/ Wed, 01 Mar 2023 19:44:58 +0000 /?p=41245 The legislation would add some much-needed updates to a “Second Amendment Sanctuary” law enacted in 2021 that – in practice – created a sanctuary for absolutely nothing. The post Oklahoma House Committee Passes Bill Banning Enforcement of Future Federal Gun Control appeared first on Tenth Amendment Center. ]]> OKLAHOMA CITY, Okla. (March 1, 2023) – On Monday, an Oklahoma House committee passed a bill that would prohibit state and local enforcement of some future federal gun control. Enactment of this bill into law would take a step toward stopping federal acts that infringe on the right to keep and bear arms within the state. Rep. David Hardin (R) introduced House Bill 2063 (HB2063) on Feb. 6. The legislation would add some much-needed updates to a “Second Amendment Sanctuary” law enacted in 2021 that – in practice – created a sanctuary for absolutely nothing. The current law declares certain federal acts relating to firearms to be an “infringement” and makes it “the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and to bear arms within the borders of this state and to protect these rights from the infringement provided under the provisions of this act.” Lacking any specific actions or prohibitions on actions for police or courts to follow, it’s almost certain they will take no action at all, instead deferring to the federal courts on any question of constitutionality. HB2063 would give the law some impact in practice and effect by amending it with specific prohibitions on the enforcement of some future federal gun control. Under the proposed law, a peace officer, state employee, or employee of a political subdivision would be prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a “federal ban” on firearms, firearm accessories, or ammunition. Employees of the state and its political subdivisions would also be barred from expending public funds or allocating public resources for the same. HB2063 specifically defines a “federal ban” as “a federal law, executive order, rule or regulation that is enacted, adopted, or becomes effective on or after November 1, 2023, or a new and more restrictive interpretation of a law that existed on November 1, 2023, that infringes upon, calls in question or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory.” The proposed law would also prohibit the state from retaliating against any sheriff or police officer that refuses to obey or enforce “any order which violates the Second Amendment of the Constitution of the United States, Section 26 of Article II of the Constitution of Oklahoma or the peace officer oath of a peace officer.” It remains unclear who would determine what constitutes a violation of the U.S. or Oklahoma constitutions, although, under their Oath, Sheriffs should make that determination to the best of their ability, refusing to enforce measures they believe violate those constitutions rather than waiting for a court to tell them what they should stop doing. On Feb. 27, the House State Powers Committee passed HB2063 by a 7-2 vote. EFFECTIVE The federal government relies heavily on state cooperation to implement and enforce almost all of its laws, regulations and acts – including gun control. By simply withdrawing this necessary cooperation, states and localities can nullify many federal actions in effect. As noted by the National Governors’ Association during the partial government shutdown of 2013, “states are partners with the federal government on most federal programs.” Based on James Madison’s advice for states and individuals in Federalist #46, a “refusal to cooperate with officers of the Union” represents an extremely effective method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership from state and local governments. Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a televised discussion on the issue, he noted that a single state taking this step would make federal gun laws “nearly impossible” to enforce. “Partnerships don’t work too well when half the team quits,” said Michael Boldin of the Tenth Amendment Center. “By withdrawing all resources and participation in federal gun control, states and even local governments can help bring these unconstitutional acts to their much-needed end.” LEGAL BASIS The state of Oklahoma can legally bar state agents from enforcing federal gun control. Refusal to cooperate with federal enforcement rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The anti-commandeering doctrine is based primarily on five Supreme Court cases dating back to 1842. Printz v. U.S. serves as the cornerstone. “We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty” No determination of constitutionality is necessary to invoke the anti-commandeering doctrine. State and local governments can refuse to enforce federal laws or implement federal programs whether they are constitutional or not. WHAT’S NEXT HB2063 will move to the House floor for further consideration. The post Oklahoma House Committee Passes Bill Banning Enforcement of Future Federal Gun Control appeared first on Tenth Amendment Center. ]]> Articles of Confederation: An Introduction /2023/03/articles-of-confederation-an-introduction/ Wed, 01 Mar 2023 19:09:03 +0000 /?p=41237 March 1, 1781 - the Second Continental Congress put into effect the Articles of Confederation as the law of the land, making it the first Constitution for the United States. The Articles have been mostly thrown in the dustbin of history, but doing so skips over essential, foundational principles of the Founders and Old Revolutionaries. The post Articles of Confederation: An Introduction appeared first on Tenth Amendment Center. ]]> March 1, 1781 – the Second Continental Congress put into effect the Articles of Confederation as the law of the land, making it the first Constitution for the United States. The Articles have been mostly thrown in the dustbin of history, but doing so skips over essential, foundational principles of the Founders and Old Revolutionaries. Path to Liberty: Mar 1, 2023 Subscribe: Apple | Spotify | Podbean | Google | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Today in History: Articles of Confederation Come into Force Every “Constitutional Conservative” Should Understand the Articles of Confederation Articles of Confederation – Full Text Patrick Henry – Virginia Ratifying Convention Totally Dissolved: The Lee Resolution and Independence Common Sense: The Most Brilliant Pamphlet in History? Today in History: First Draft of the Articles of Confederation Introduced Constitutional Genealogy: Benjamin Franklin’s First Articles of Confederation Bill of Rights Institute – Albany Plan The Albany Plan of Union: Another Predecessor to the Constitution Jefferson’s Annotated Copy of Franklin’s Proposed Articles Benjamin Franklin’s Articles of Confederation MORE VIDEO SOURCES Watch on Odysee Watch on Rumble Watch on Twitter Watch on Sovren Watch on Minds Watch on Gab TV Watch on Facebook Watch on Bitchute Watch on LinkedIn FOLLOW and SUPPORT TAC: Become a Member: Email Newsletter: RSS: The post Articles of Confederation: An Introduction appeared first on Tenth Amendment Center. ]]> Tenth Amendment Center Articles of Confederation: An Introduction full 37:49 Amendments to California Fourth Amendment Protection Act Needed to Give It Effect /2022/11/amendments-to-california-fourth-amendment-protection-act-needed-to-give-it-effect/ Wed, 30 Nov 2022 12:03:10 +0000 /?p=40410 It's difficult to come up with a scenario in which the law as chaptered would have any practical effect. That’s not to say there isn’t one, but it would become operative only in a very narrow range of circumstances. The California legislature can make a few simple fixes to the law to give it practical effect. The post Amendments to California Fourth Amendment Protection Act Needed to Give It Effect appeared first on Tenth Amendment Center. ]]> SACRAMENTO, Calif. (Nov. 30, 2022) – In 2014, California Gov. Jerry Brown signed a bill into law that created a foundation to prohibit state participation in federal warrantless surveillance. Now is the time for the California state legislature to take the next step. A few simple amendments would make the law effective in practice. Then-State Sen. Ted Lieu (D) introduced SB828 in the wake of the Edward Snowden revelations on NSA spying. As overwhelmingly passed in the California Senate, the bill banned the state from participating in, or providing material support or resources to any federal agency engaged in the “illegal and unconstitutional collection of electronic data or metadata, without consent, of any person not based on a warrant that particularly describes the person, place, and thing to be searched or seized.” The Senate version passed 29-1 and set the stage to turn off state resources to agencies engaged in illegal spying. But the bill ran into some speed bumps in the Assembly. Sources close to the Tenth Amendment Center indicated that the California Sheriffs Association lobbied heavily behind the scenes in opposition to the bill. An assembly committee ultimately amended the legislation to include language that creates an extremely high threshold before the state can take action to refuse cooperation with the NSA or other agencies engaged in illegal spying. Under the law as enacted: “The state shall not provide material support, participation, or assistance in response to a request from a federal agency or an employee of a federal agency to collect the electronically stored information or metadata of any person if the state has


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