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Fed-up states want power back using 10th amendment. IS THIS SMART or TREASON?

☼ Homeward Bound ☼ 2009/05/26 17:23:12
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TREASON!!
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Tenth Amendment Movement Aims to Give Power Back to the States
Fed up with Washington's involvement in everything from land use to gun control to education spending, states across the country are fighting back against what they say is the federal government's growing intrusion on their rights.

By James Osborne

Tuesday, May 26, 2009

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
-- U.S. Constitution, Tenth Amendment

Fed up with Washington's involvement in everything from land use to gun control to education spending, states across the country are fighting back against what they say is the federal government's growing intrusion on their rights.

At least 35 states have introduced legislation this year asserting their power under the Tenth Amendment to regulate all matters not specifically delegated to the federal government by the Constitution.

"This has been boiling for years, and it's finally come to a head," said Utah State Rep. Carl Wimmer. "With TARP and No Child Left Behind, these things that continue to give the federal government more authority, our rights as states and individuals are being turned on their head."

The power struggle between the states and Washington has cropped up periodically ever since the country was founded. But now some states are sending a simple, forceful message:

The government has gone too far. Enough is enough.

Montana Gov. Brian Schweitzer recently signed into law a bill authorizing the state's gun manufacturers to produce "Made in Montana" firearms, without seeking licensing from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Similar laws are being considered in Utah, Alaska, Texas and Tennessee.

The Montana law is expected to end up in the courts, where states' rights activists hope judges will uphold their constitutional right to regulate firearms.

That would reverse a longstanding trend, said Martin Flaherty, a professor of constitutional law at Fordham Law School.

"From 1937 to 1995 there is not one instance of the Supreme Court knocking back Congress," he said. "In the Constitution the interstate commerce clause gives Congress the right to regulate commerce between the states. That gives them a lot of power. There were questions of how far they can reach, but then comes the New Deal, and Roosevelt gets all these picks on the [Supreme] Court, and they come upon a theory whereupon congressional power is almost infinite."

That 1930s understanding of the Constitution is now the norm, with advocates for the federal government arguing that issues of a certain size and scope can be addressed only by an institution with the resources of the federal government.

As an example, federal authority is necessary in the economic crisis, said U.S. Rep. Dan Boren, whose home state of Oklahoma recently passed a sovereignty resolution.

"The economic situation in our nation over the past year has not been contained in any one community or state. The industries and institutions affected by the recent economic crisis touch multiple layers of our economy and are not confined to any one state or region," he said in a statement. "I feel there was Constitutional justification for Congress's recent efforts to stabilize our economy."

But for many state leaders, the degree to which Congress regulates issues within their boundaries, using the interstate commerce clause to regulate just about everything and anything, has become untenable.

Texas Gov. Rick Perry made headlines recently when he made a passing reference to the possibility of the Lone Star State seceding from the U.S., saying, "if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that?"

States rights advocates offer countless examples of what they believe is Washington's overreach.

In Utah, 67 percent of the state's land is controlled by the federal government through wilderness preserves, limiting state leaders in their bid to fill government coffers through oil and natural gas drilling after Interior Secretary Ken Salazar cancelled 103,000 acres of leases this year.

In Idaho, ranchers are furious that federal endangered species law prevents them from shooting the wolves that prey on their cattle.

"The balance of power between the states and the federal government is way out of whack," said Georgia state Senator Chip Pearson." The effect here is incalculable. Everything you do from the moment you wake up until you get to bed, there is some federal law or restriction."

Up until recently, the state sovereignty movement has remained almost entirely Republican, drawing supporters from the ranks that voted against President Obama and attended tea parties last month to protest federal tax hikes.

But the movement's rank and file are just as likely now to criticize Obama's predecessor, George W. Bush, as they are the new president, pointing to what they believe were Bush's overreaching policies on education and homeland security.

Many are becoming frequent visitors to a Web site, TenthAmendmentCenter.com, which was founded in early 2007 and has become a community bulletin board for states rights activists and politicians. Up to 20,000 viewers log on to the site every day.

The site's founder, Michael Boldin, a 36-year-old Web marketer in Los Angeles who says he has no political affiliation, says he decided to launch the site after watching the Maine State Legislature fight the Department of Homeland Security on the Real ID act, a controversial Bush-era law that will require states to issue federally regulated identification cards, complete with biometric data and stringent address checks.

"Maine resisted, and the government backed off, and soon all these other states were doing the same thing," Boldin said. "The bottom line is, if there's widespread support, people can resist the federal government at the state level."

The deadline for states to comply with Real ID has now been pushed back until 2011.

The Tenth Amendment movement is not without controversy. In Georgia, a columnist for The Atlanta Journal Constitution called a sovereignty resolution in the state Senate a threat "to secede from and even disband the United States."

The resolution, which was passed as part of a group of bills that were banded together, affirmed the state's powers under the Tenth Amendment, taking its inspiration and language from Thomas Jefferson's 1798 resolution opposing the Alien and Sedition Acts -- laws enacted by the federal government during wartime to quiet protest against the government.

The resolution asserts that any instance of the federal government taking action beyond its enumerated powers "shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America."

"It's been taken out of context by some editors," said Pearson, who sponsored the bill. "It certainly never meant secession. The intent was to communicate that the actions of the federal government are an infringement on states' rights."

Robert Natelson, a law professor at the University of Montana who was involved in drawing up that state's sovereignty resolution over a decade ago, argues that states up until now have been unwilling to take action of any real consequence in checking federal power.

"Back then they passed the resolution, but they didn't turn down any federal dollars," he said.

"If the states are serious about returning the federal government to its historical origins, they're going to have to do more than pass resolutions. They're going to have to turn down money and litigate."
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Top Opinion

  • viper4358 2009/05/26 17:47:50
    SMART!!
    viper4358
    +4
    We need to let the federal government know that we are tired of their BS! Smart idea in my book.

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  • Jo 2009/05/26 20:34:48
    SMART!!
    Jo
    +2
    States should have stood up to this a long time ago, but "states' rights" got to be associated with racist politicians who wanted to enforce segregation. It's not treason to demand the Constitution be followed!
  • LeetleGiant 2009/05/26 19:24:00
    None of the above
    LeetleGiant
    +1
    Well, in the case of NY state, as liberal as it is, if they pursued and won sovereignty, you'd see in no time at all MORE liberties LOST to their kiniving ways ... and you could bet that gun control laws would become MORE constrictive !!
  • ☼ Homew... LeetleG... 2009/05/26 19:27:49
    ☼ Homeward Bound ☼
    MAN would I move from NY if I lived there! And California too.
  • gr8punkin 2009/05/26 19:17:42
    SMART!!
    gr8punkin
    +2
    The tenth amendment exists to give balance to the power the Federal government has. Exercising that right, right now is the best thing to do.
  • Alphalily 2009/05/26 18:28:29
    SMART!!
    Alphalily
    +2
    The government has taken way too many of our liberties away .
  • viper4358 2009/05/26 17:47:50
    SMART!!
    viper4358
    +4
    We need to let the federal government know that we are tired of their BS! Smart idea in my book.
  • Pug For Huck 2009/05/26 17:47:10
    SMART!!
    Pug For Huck
    +2
    States need to assert themselves but like Barry O., states have given away their "sovereignty" to the Fed governement for the sake of Fed money. It's time to take it back.
  • Jim 2009/05/26 17:46:36
    SMART!!
    Jim
    +2
    I'm afraid it may be too late to turn back the clock. Our Federal Government has had a taste of power and they will not easily give that up. For almost a century it has been making steady encroachment on the Constitution with little or no resistance. What resistance does pop up is quickly labeled "extremists" and "crack-pots" and it works because the masses are ignorant of the truth thanks to our public school curriculum.

    I do not see America ever coming back under the constitutional rule as dictated by the instrument of 1776 and it's lawful amendments.

    I have to be realistic whether I like it or not and I don't like it in this case.
  • ☼ Homew... Jim 2009/05/26 17:50:23
    ☼ Homeward Bound ☼
    +2
    I totally agree. I think this world is going to continue to decline into darkness and evil and that includes the deconstruction of the constitution. BUT......I'm so proud of those who are taking a stand even if it might be futile.
  • Jim ☼ Homew... 2009/05/26 17:58:14
    Jim
    +1
    As I'm sure you know, taking a stand for truth and righteousness is never futile, for there are true seekers watching and listening.

    When Jesus was crucified many were added to the church that very day, and every time a martyr has been burned at the stake, or fed to the lions many more have discovered the truth. This world is but a vapor and our focus is on preparing souls for the true life to come. Those who rebel against the good in this world do so to their own hurt, for they fight against God.
  • ☼ Homew... Jim 2009/05/26 18:01:55
  • madjack 2009/05/26 17:41:41
    SMART!!
    madjack
    +3
    It's long over due that the States assert themselves.The Federal Government has long over reached it's authority.The tenth ammendment is there to guard against tyranny,it isn't an invitation to disolve the Union.
  • troy82 - Christ is returnin... 2009/05/26 17:32:26
    SMART!!
    troy82 - Christ is returning, Today!
    +3
    Being in Wisconsin, having doyle and the most liberal bunch of morons in our state capitol, madison, probably in the nation- I have little hope of Wisconsin attempting anything like this until madison self implodes......and after visiting there a few weeeks ago, it wont be long - the liberal hippies running the place have made it a real crap hole!
  • ☼ Homew... troy82 ... 2009/05/26 17:34:46
    ☼ Homeward Bound ☼
    +2
    Time to move?? :)
  • troy82 ... ☼ Homew... 2009/05/26 17:41:29
    troy82 - Christ is returning, Today!
    +4
    I can be packed in hours, the youngest loves his school, I love my church.....He graduates next year and I can find a new church - Looks like I have some free land coming soon in Tennessee [ long story] I can get over not spending days on end plowing snow!.....All i NEED TO DO IS GET THE WIFE ON BOARD -
  • ☼ Homew... troy82 ... 2009/05/26 17:44:21
    ☼ Homeward Bound ☼
    +2
    Great! I believe God is going to begin positioning his people to better survive the coming madness. I hope your wife will get on board......she will if it's God's will! Hang in there.
  • Jim troy82 ... 2009/05/26 18:26:04
    Jim
    +3
    Troy, I can understand your wanting to leave the snow plow, but I don't know that I think we can escape what is happening to our Country by moving to another state or area. Not even to another country. Believe me I would love to live in a place where all my neighbors loved God, His Word and His ways, but then who would I be a light for?

    Remember the time in Mark chapter five when Jesus delivered the man "possessed with the devil" who wanted to come with Jesus. He told him to stay there in that land where he had no friends, and was probably feared and hated so that he could tell the story of what Jesus had done for him.

    It is fine to move for the right reasons but we are not our own, we work for the Master, and besides if we all get in one spot who is to say they can't just bomb us one day?

    Just another thought on the subject.
  • ☼ Homew... Jim 2009/05/26 18:32:59 (edited)
    ☼ Homeward Bound ☼
    There is no escaping what is happening to this country or to the world. But, God is positioning his people to better survive and to possibly be able to help others. A global famine is coming and I believe he is putting "Josephs" where they can be the most benefit to God's people. If it's God's will...he makes a way.
  • Jim ☼ Homew... 2009/05/26 18:41:08
    Jim
    +1
    Well, I am not a "Joseph" so I don't worry about that. I have no fear of dying because I know it cannot happen unless the Lord allows it. Therefore when He allows it to happen I go gladly knowing I will be in His will. In the meantime I try to labor where I am for the fields are white...

    Sorry, but you sound like the 700 Club or something.
  • ☼ Homew... Jim 2009/05/26 18:45:54 (edited)
    ☼ Homeward Bound ☼
    LOL!! NOT EVEN CLOSE! I don't watch ANY TV evangelist show. I sound like someone who loves and follows God.
    I have no fear of dying either. God actually DOES move people to where they can be better used does he not??
  • Jim ☼ Homew... 2009/05/26 18:56:55
    Jim
    +1
    Yes he does. Perhaps I misunderstood you because I was under the impression you thought we should all huddle up in communes somewhere. Sorry if I misread.
  • ☼ Homew... Jim 2009/05/26 18:59:31
    ☼ Homeward Bound ☼
    +1
    No problem! No.....I sure don't mean that.
  • ☼ Homew... Jim 2009/05/27 00:53:34
    ☼ Homeward Bound ☼
    +1
    Upon further pondering.....I recall the disciples hanging out and all the resources being divided among the brethren though. I am not advocating communes but I wonder if, when things get truly horrible, Christians will just naturally gravitate toward one another for help, provision and protection.
  • Jim ☼ Homew... 2009/05/27 19:52:09
    Jim
    +1
    I certainly believe you are right as to the gravitating toward one another. In fact it is only natural for all born again Christians in any age or time, but this does not mean it has to be in a physical sense, but certainly can be. Unfortunately these days many who say they are Christian do not have a Christian heart and desire for Christian things and people.

    I think living in a group, commune, town, or whatever you want to call it, made up exclusively of those who adhere to the Word of God, would be deeply rewarding. However I don't think it is the best thing to do at this time as the Lord instructed us to go forth into the world and be a witness, a light in the dark.

    The days will come where those of us who are not in love with this world will be in hiding, will be seeking out others of like mind and sharing every crumb of food we may have. Those days will show who has a servants heart and true love for those made in the image of God. Even then there will be some who can be reached with the truth and saved for eternity.

    Now is the time to make sure we recognize the difference between Gods Word and the imitations so prevalent. Now is the time to make sure we have that Word planted firmly in our memory/mind. Now is the time to deal with any doubts we may have about what that Wo...'

    I certainly believe you are right as to the gravitating toward one another. In fact it is only natural for all born again Christians in any age or time, but this does not mean it has to be in a physical sense, but certainly can be. Unfortunately these days many who say they are Christian do not have a Christian heart and desire for Christian things and people.

    I think living in a group, commune, town, or whatever you want to call it, made up exclusively of those who adhere to the Word of God, would be deeply rewarding. However I don't think it is the best thing to do at this time as the Lord instructed us to go forth into the world and be a witness, a light in the dark.

    The days will come where those of us who are not in love with this world will be in hiding, will be seeking out others of like mind and sharing every crumb of food we may have. Those days will show who has a servants heart and true love for those made in the image of God. Even then there will be some who can be reached with the truth and saved for eternity.

    Now is the time to make sure we recognize the difference between Gods Word and the imitations so prevalent. Now is the time to make sure we have that Word planted firmly in our memory/mind. Now is the time to deal with any doubts we may have about what that Word teaches. Now is the time to realize where we are placing our trust, our hope and make any corrections if necessary. We can't place our hope and trust in the Government, the doctors, money, or our own strength and determination, or our feelings. It all has to come from God and that is where our full trust must be.

    It is not wise to wait until one falls into the river to learn to swim. Many are doing just that.
    (more)
  • klr43{ ... troy82 ... 2009/05/27 10:22:27
    klr43{ In God I trust}
    +2


    On board like this?
  • troy82 ... klr43{ ... 2009/05/27 11:40:56
    troy82 - Christ is returning, Today!
    +3
    well, that boat might look a bit out of place sittin in a holler surrounded by tree's, but looks like plenty of room's for guests to stay overnight! Probably even room for a school and church!!
  • Jim troy82 ... 2009/05/27 19:55:09
    Jim
    +1
    Wow! that could be an instant city and if placed on land it could be very interesting! Never thought of that.
  • Robin 2009/05/26 17:27:56 (edited)
    SMART!!
    Robin
    +4
    We've been too trusting and too naive for way too long. For 60-80 years we have "trusted" the federal government to act in our best interest. Most of the time it did. Now the power of the Fed is being wielded against us. It's time to push the reset button. Long live States Rights!
  • ☼ Homew... Robin 2009/05/26 17:28:54

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