Don’t Tread On Me! States Explore the Tenth Amendment
By Debbie Morgan
hat tip: TakeBackWashington.com
March 26, 2010
Watching the debate on healthcare was like having a nightmare while living in the circus. The clowns never hear those they “entertain,” yet they continue to throw nasty legislation at the public. In one of the better moments from the debate, a Representative said the bill was totally unconstitutional, as the Federal Government does not have the authority to force the public to purchase anything. In an online forum, one gentleman stated that the bill is tantamount to extortion. It is apparent that we are down to the only peaceful recourse available…Support local State Sovereignty bills; the only way to overturn the healthcare nightmare, as well as all other over-reaching federal legislation!
When the subject of the Tenth Amendment has been raised in past conversation, some have laughed and some have said, “Oh, that will never work.” Since its passage, many States have tried to invoke their Tenth Amendment rights on several occasions. The largest combined effort, before now, was during the Civil War, when eleven states sought to secede from the united States. Interestingly enough, the last time people got truly fired up about their States rights was during the Roosevelt Administration’s “New Deal.” Why do we have such a magnificent amendment to protect the states if we are not going to use it?
The February 2008 CRS Report for Congress, after quoting the Tenth Amendment, states, “While this language would appear to represent one of the most clear examples of a federalist principle in the Constitution, it has not had a significant impact in limiting federal powers. Initially, the Supreme Court interpreted the Tenth Amendment to have substantive content, so that certain ‘core’ state functions would be beyond the authority of the federal government to regulate.” Yet, in the past, as now, the Federal Government continues to take what it wants, expecting the states to bow down in servitude.
Why The Real Nature of Politics Is So Important
By Adam de Angeli
Hat tip: Campaign for Liberty
Published 03/26/10
An enormous body of new activists and groups with the moniker “Tea Party” have mobilized since the Obama administration took power. While the “tea party” meme originated from the $6 million money bomb phenomenon of Ron Paul’s grassroots, the “Tea Party movement” is a beast of its own. It was popularized by Fox News coverage, and—surprise!—is now largely infiltrated by GOP-affiliated groups.
If the victories in 2010 are for the GOP alone, the movement will have lost. One need only look to the origin of the problem: big-government Republicans drove the grassroots into apathy. Conservatives couldn’t get excited for the once-pro-choice governor of Massachusetts, Mitt Romney, who signed a state-level version of ObamaCare into law, or the gun-grabbing John McCain. They stayed home. They didn’t vote, they didn’t mobilize, and they handed the election over to Obama and the Democrats.
That would be a tragedy, except the Republicans needed to learn a lesson.
If a GOP sweep in 2010 means a new breed of John McCains, Mitt Romneys, and Lindsey Grahams in office, we will be back where we started. We will be worse off, not better. Congress will still be over-run with statists spending us into oblivion, but, just as in 2005, there will be no serious opposition from the Right. There will be nowhere to go, but to wait for the Democrats to return to power. And the cycle will go on. And on, and on, until there is no money left to spend.
This is why the Tea Party movement cannot, must not, be herded into the “any Republican over any Democrat” mentality.
Up Next: Open Gays In The Military And Amnesty For Illegals
by Chuck Baldwin
hat tip: Chuck Baldwin Live
Fresh off his health care reform victory, President Barack Obama will quickly move to overturn the DOD’s “Don’t Ask, Don’t Tell” policy prohibiting sodomites from serving openly in the US military. He will also move to grant amnesty for millions of illegal aliens. These are Obama’s next two agenda items, as he attempts to fulfill his campaign promise to “remake America.”
Already the Pentagon has opened the door for women to serve alongside men aboard submarines, something the Navy has never allowed–for what should be obvious reasons. Furthermore, Secretary of Defense Robert Gates just this week closed the door on rank and file military personnel from “outing” homosexuals that they discover among the troops. This move is seen as a precursor to the soon-coming complete undoing of “Don’t Ask, Don’t Tell.”
See Secretary Gates’ press conference at:
http://tinyurl.com/abc-gays-military
It is difficult for me to imagine that frontline troops could tolerate open homosexuals serving among them. Over the past 30 years, I have spoken with hundreds (literally) of active duty and retired frontline soldiers, sailors, Marines, and airmen, and I can unequivocally say that not one of them supported allowing sodomites to serve openly in the US military–especially in combat units. Not one! And the vast majority of them were also opposed to women serving in combat units.
Amish, Muslims to be excused from Obamacare mandate?
by WordWayze
march 24, 2010
The Senate health care bill just signed contains some exemptions to the “pay-or-play” mandate requiring purchase of Obamacare-approved health insurance
or payment of a penalty fine. As Fox News has pointed out, for instance, the Amish are excused from the mandate:
So while most Americans would be required to sign up with insurance companies or government insurance plans, the church would serve as something of an informal insurance plan for the Amish.
Law experts say that kind of exemption withstands scrutiny.
“Here the statute is going to say that people who are conscientiously opposed to paying for health insurance don’t have to do it where the conscientious objection arises from religion,” said Mark Tushnet a Harvard law professor. “And that’s perfectly constitutional.”
Apparently, this exemption will apply similarly to believers in Islam, which considers health insurance – and, for that matter, any form of risk insurance – to be haraam (forbidden).
The Collapse of Journalism/The Journalism of Collapse: New Storytelling and a New Story
By Robert Jensen
[A version of this essay was delivered as the Lawrence Dana Pinkham Memorial Lecture, Asian College of Journalism, Chennai, India, March 18, 2010.]
There is considerable attention paid in the United States to the collapse of journalism — both in terms of the demise of the business model for corporate commercial news media, and the evermore superficial, shallow, and senseless content that is inadequate for citizens concerned with self-governance. This collapse is part of larger crises in the political and economic spheres, crises rooted in the incompatibility of democracy and capitalism. New journalistic vehicles for storytelling are desperately needed.
There has been far less discussion of the need for a journalism of collapse — the challenge to tell the story of a world facing multiple crises in the realms of social justice and sustainability. This collapse of the basic political and economic systems of the modern world, with dramatic consequences on the human and ecological fronts, demands not only new storytelling vehicles but a new story.
In this essay I want to review the failure of existing systems and suggest ideas for how to think about something radically different, through the lens of journalists’ work. The phrase “how to think about” should not be interpreted to mean “provide a well-developed plan for”; I don’t have magical answers to these difficult questions, and neither does anyone else. The first task is to face the fact that every problem we encounter does not necessarily have a solution that we can identify, or even imagine, in the moment; that identifying how existing systems have failed does not guarantee we have the capacity to devise new systems that will succeed.
Utah Governor Signs Health Care Freedom Act
by: Michael Boldin
hat tip: Tenth Amendment Center
March 25, 2010
Governor Gary Herbert has made Utah the third state to pass the “Health Care Freedom Act” into law. House Bill 67 (HB67) was introduced by Rep. Carl Wimmer and passed the House and Senate by votes of 53-20 and 22-7, respectively.
The bill “prohibits a state agency or department from implementing federal health care reform passed by the United States Congress after March 1, 2010, unless a state agency reports to the Legislature regarding costs and impact on state reform efforts.” It authorizes the state legislature to specifically approve or deny implementation of federal health care legislation.
In short, it requires the state “to opt out of federal reform when the state determines that opting out is in the best interest of the citizens of the state.”
Governor Otter of Idaho signed similar legislation last week, and issued the following statement:
“Congress and the White House are working out their scheme for pushing through a healthcare ‘reform’ bill that has more pages than the U.S. Constitution has words. I guarantee you that not a single member of the House or Senate has a complete understanding of that legislation any more than they understood all the implications of the USA PATRIOT Act back in 2001,” Governor Otter said. “What the Idaho Health Freedom Act says is that the citizens of our state won’t be subject to another federal mandate or turn over another part of their life to government control.”
Yesterday, Governor McDonnell signed the Virginia Health Care Freedom Act, which passed the legislature there last month.
More than 2 dozen other states are considering similar legislation or state constitutional amendments to do the same. Many legislators and governors are calling for a federal lawsuit to affirm the principles of the state laws. But some constitutional scholars, including famed legal theorist Randy Barnett, have indicated that decades of precedent from the supreme court makes such legal challenges difficult, at best.
Ohio Law School Wins National Moot Court Competition
Editor’s note: how is the “moot” court any different than the mute “criminal justice system” that refuses to prosecute the crimes of “our” government?
March 25, 2010
The University of Akron School of Law took first place at the Fifth Annual National Moot Court Competition in Child Welfare and Adoption Law earlier this month at the Ohio Judicial Center and Ohio Statehouse.
Dates That Destroyed America
by Chuck Baldwin
Posted on Mar 24, 2010
hat tip: Chuck Baldwin Live
Passage of the so-called “health care reform” bill in the House of Representatives this past Sunday, March 21 (I won’t even address the inferred unconstitutionality of Congress doing business on the Lord’s Day. See Article. I. Section. 7. Paragraph. 2.) drove yet another stake into the heart of America. For all intents and purposes, it is the health of the United States that is in dire need of healing. In fact, the US has been on extended life-support for decades. With its condition being rendered critical, and absent major surgery, its days are numbered. The passage of this bill only serves to further weaken an already frail Constitution.
In fact, this one may prove to be the fatal blow. Lady Liberty may never recover.
The decision by Congress to socialize medicine in the US ranks among the most draconian, most egregious, most horrific actions ever taken by the central government in Washington, D.C. This bill rocks the principles of liberty and constitutional government to the core. It changes fundamental foundations; it repudiates historical principle. Oh! The same flag may fly on our flagpoles, the same monuments may grace our landscape, and the same National Anthem may be sung during our public ceremonies, but it is not the same America. The Congress of the United States has now officially turned America into a socialist state.
On March 23, 2010, President Barack Obama signed the health care bill into law, and as such, this date–along with March 21–joins a list of dates that have each inflicted unconstitutional, socialistic, and sometimes even tyrannical action against the States United and have, therefore, contributed to the destruction of a free America.
Health Care and Detroit: Killed By Government
by Gary North
hat tip: Lew Rockwell
March 24, 2010
To understand what is going to happen to America’s health care delivery system, we must first understand what has happened to Detroit.
Detroit is dying. Yes, I know that there are lots of books on “The Death of. . . .” That word sells books. But Detroit really is dying. It is the first metropolis in the United States to be facing extinction. We have never seen anything like this in American history. It is happening under our noses, but the media refuse to discuss it. To do so would be politically incorrect. Two factors tell us that Detroit is dying. The first is the departure of 900,000 people – over half the city’s population – since 1950. It peaked at 1.8 million in 1950. It is down to about 900,000 today.
In 1994, the median sales price of a house in Detroit was about $41,000. The housing bubble pushed it up to about $98,000 in 2003. In March 2009, the price was $13,600. Today, the price is $7,000. Check the price chart.
There has never been a collapse of residential real estate values of this magnitude in peacetime history, anywhere. Detroit is dying.
Civil Liberties in Obama’s America
By Anthony Gregory
hat tip: Campaign for Liberty
The following is based on a talk delivered at the Free State Project’s Liberty Forum in Nashua, New Hampshire, Saturday, March 20, 2010.
In the United States, civil liberties are seen as the province of the left. The ACLU, the Bar Association, the Democratic Party, people who err in favor of procedural protections for criminals and even terrorists — this is what tends to come to mind to conservatives who condemn civil liberties as a leftist interest, and to liberals who celebrate it as a great anchor of their political philosophy.
But what happens when the left-liberals are in charge of the executive branch, its police, its justice department, prosecutors and military courts? Predictably, conservatives fear the government will be soft on foreign and domestic villains. Liberals hold out hope that due process will be restored.
Libertarians, too, will often adopt this general lens through which to see political reality. Just as many progressive writers discussed the coming of Obama as a new dawn for the Bill of Rights — or, at least, the amendments they openly favor — many libertarians hoped that the Bush era of warrantless wiretapping, indefinite detention, torture and police statism would recede with the electoral victory of the Democrats.
But here we see the problem. For if the left are the most institutionally important guardians of civil liberties, then the ascent to power of one of their own will often mean a quieting of dissent. Left-liberals become caught up with economic policy, become corrupted, or simply tire of finding more reasons for their own partisan figurehead to be criticized, and look the other way. Just as Republican administrations can often implement domestic interventions with a freer hand — look at Bush’s effortless Medicare expansion compared to how long it has taken for Obama to move on health care — Democrats can expect a less hostile climate in which to build up executive power to the detriment of civil liberty. And indeed, even if they have good intentions, they run against political pressure from the opposition accusing them of being soft with the police power. A left-liberal in office is the perfect storm for the destruction of our privacy and the rule of law. Just remember what Clinton did at Waco, or the erosion of liberty after the Oklahoma City Bombing, and the truth of this was confirmed long before January of last year when Obama took the throne.
