The 10th Amendment Movement

by Michael Boldin
Hat tip: Tenth Amendment Center
March 15, 2010

“If the federal government has the exclusive right to judge the extent of its own powers, warned the Kentucky and Virginia resolutions’ authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power.”
–Thomas E. Woods

The 10th Amendment Movement is an effort to push back against unconstitutional federal laws and regulations on a state level. The principle is known as “nullification,” and was advised by many prominent founders.

Current Nullification Efforts:

• 10th Amendment Resolutions
• 10th Amendment Bills
• Firearms Freedom Act
• Medical Marijuana Laws
• REAL ID
• Health Care
• Bring the Guard Home
• Constitutional Tender
• Cap and Trade
• Federal Tax Funds Act
• Sheriffs First Legislation
• Federal Gun Laws
• Regulation of Intrastate Commerce

Potential Future Efforts:

• Patriot Act
• No Child Left Behind
• State-Initiated Constitutional Amendments

History of Nullification: While the media generally portrays nullification as being solely aligned with the efforts of the nullifiers of the South and the Civil War, this is certainly false, and reeks of misinformation. Nullification has a long history in the American tradition and has been invoked in support of free speech, in opposition to war and fugitive slave laws, and more. Read more on this history here.

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10th Amendment Resolutions
These non-binding resolutions, often called “state sovereignty resolutions” do no carry the force of law. Instead, they are intended to be a statement of the legislature of the state. They play an important role, however. If you owned an apartment building and had a tenant not paying rent, you wouldn’t show up with an empty truck to kick them out without first serving notice. That’s how we view these Resolutions – as serving “notice and demand” to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.” Follow-up, of course, is a must.
CLICK HERE FOR CURRENT 10TH AMENDMENT RESOLUTIONS

March 15th, 2010 | Posted in Web-Only Content | Read More »

Utah firearms freedom act signed into law

Hat tip: Utah Tenth Amendment Center
Written by: Gary Wood
27. Feb, 2010

Sen. Margaret Dayton (R-Orem) introduced SB-11, Utah State-Made Firearms Protection Act on January 25th, 2010. By February 16th the legislative debates were over and the bill was passed by both houses and sent to Gov. Gary Herbert for his signature. After 10 days of public debate, with both sides of the issue encouraging action Gov. Herbert signed this fundamental legislation into law.

In a written statement Gov. Herbert explained his reasoning. “There are times when the state needs to push back against continued encroachment from the federal government. Sending the message that we will stand up for a proper balance between the state and federal government is a good thing.” Opponents will spend the next several days declaring their stance and criticizing his decision. At the same time the federal government will realize Utah has joined with Montana and Tennessee as states serious about the need for our federalist republic to be restored.

Our federal government is to be supreme in all matters pursuant to the U.S. Constitution. The improper precedents and usurpations under the federal judicial rulings surrounding Article 1, Section 8, Clause 3 (known as the Commerce Clause) are not supreme simply due to the fact they are outside the original meaning. By signing SB-11 Gov. Herbert places Utah in a position of proper authority while pressing the issue of supremacy back into the courts. As more states join this courageous move governing can begin the necessary restoration that will ultimately lead to the protection of people’s rights and responsibility.

February 27th, 2010 | Posted in Web-Only Content | Read More »