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"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."

 

Timeless words. So simple and very powerful, yet they were almost abandoned until recently.

 

By the way, have you noticed how concise and elegant our Constitution is, compared to, say, Obamacare or other statist, Socialist directives?

 

Your thoughts on the 10th?

  

This is a multi-threaded forum, so you can bring up new topics within this discussion and extend them as long as you want. You may have to scroll/page down to get to where you want to be. 

 

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NEW!  Tenther forum from NextNEwsNetwork: 

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A great article, I  would encourage all readers to join the NullifyNow website and movement, it may be our last chance to take our Republic back from the progressive liberal fascists who are trying to enslave us.
REBELLION IN AMERICA

Faceoff! States tell feds to back down


8 already considering plans simply to ignore Obama's health-care takeover



Read more: Faceoff! States tell feds to back down http://www.wnd.com/?pageId=253521#ixzz1BvaQjCsT

Current 10th Amendment /Nullification Efforts

 

http://www.lewrockwell.com/rep2/10-amendment-nullification-movement...

 

 

State level efforts info has not been updated, but the above-linked page provides the framework for it.


Michael Boldin: California – a nullifier's paradise?

According to Michael, the Left has more expertise with the Tenth Amendment than the Right!

 

http://www.dailynews.com/opinions/ci_17395664

Toys in the Attic Strikes again

 

Michael Boldin, of 10th Amendment Center, on attacks from the Left on the Tenth

 

http://www.lewrockwell.com/boldin/boldin19.1.html

Wednesday, May 18, 2011


H.J. Res. 62: Amending The Constitution To End States Rights?

Wiki Commons
Marti Oakley, Contributing Writer
Activist Post 

H.J. Res. 62, Proposing an amendment to the Constitution of the United States to give states the right to repeal Federal laws and regulations when ratified by the Legislatures of two thirds of the several States.

Sounds like a great deal . . . right?  Wrong!  The states already have the right to repeal Federal laws and regulations.  It is called nullification under the 10th Amendment.  

Or, states can refuse to contract with the Federal government or any of its privately owned corporate agencies, thereby refusing the contract and any of its provisions (regulations or laws). 

Secondary to this action, is the refusal to accept any Federal funding offered to implement what is usually a series of laws or regulations, (these being written by unelected bureaucrats, lobbyists and other interested stakeholders), meant to deprive you of your rights, intrude on your privacy, interfere with your right to engage in business and otherwise reduce and abrogate your constitutionally protected freedoms.

Article 5  
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Any amendments to the Constitution must be ratified by the legislatures of three/fourths of the states.

Congress, neither House nor Senate, has the authority to alter or amend anything in the Constitution in and of their respective bodies. 

So what are they after?

With numerous states voting to opt out of Obamacare, along with the huge number of states that refused to implement any provisions of REAL ID, and now the growing movement to squash the fake food safety bill which had nothing to do with food safety and everything to do with seizing control of the food production and supply and to force that supply into export, the Re-thug-licrats are looking for ways to nullify…nullification.

This resolution is intended to make it virtually impossible to reject non-positive code & title, such as Code 7 Agriculture.  Agriculture is not in the enumerated powers of the Federal government.  Title 7 exists only on paper and is not codified into public law as it is not within the Federal government’s power.  It is not enforceable on the federal level.

If the Re-thug-licrats have their way, this proposed amendment would take away the right of individual states, in and of themselves, to determine that a federal law or regulation would be so detrimental, such an abrogation of Constitutional provisions and rights, that they will not comply with it.  That would mean that according to the Article 5 amended, it would take three/fourths of the states to repeal, refuse or reject any federal intrusion into the individual states business. We would lose our independent states right, to nullify harmful and unlawful federal laws and regulations. We could, by sheer force of numbers, be forced to comply with federal laws as the chances of three/fourths of the states agreeing to nullify would be slim to none.  Which is just the way the Re-thug-licrats want it.

Wanting to make sure I had not misinterpreted H.J. Res. 62, and its underlying traps and trickery, I allowed this little piece to be previewed by a person who is considered quite an authority on these issues.  My source chooses to remain anonymous, which of course, I agreed to.  After all, if Lame Street Media can cite anonymous sources, so can I.

Here are the observations of my anonymous source:

 1. Nullification is different from repeal. In other words, at present, each state can refuse to comply (nullify), but they cannot repeal the law. In that sense, this proposal seems like a step forward. 

2. Based on the wording, a constitutional convention would be called to propose the amendment, and that would be a huge step backward. In fact, the appeal of possibly giving the states the power to repeal federal laws could be bait to lure states-rights people into accepting a constitutional convention, thinking they are going to get what they want, only to discover the proceedings have been rigged so that they lose what little they now have. In a constitutional convention, the 10th Amendment could be repealed or, itself, amended. 

Note*  Governors of 35 states have filed suit against the Federal government for imposing unlawful, unconstitutional mandates upon them and abrogation of states and individual rights.  It only takes 38 states to convene a Constitutional Convention. 

While many argue over 10th amendment rights of individual states to nullify, the fact is that any law (or regulation or US code or Federal codes, or whatever other “code” they come up with) which is contrary, arbitrary or in conflict with the enumerated powers of the Constitution, is null and void on its face, as if it had never been.  All powers not enumerated for the Federal government are reserved to the states and the people respectively. And nothing in the Constitution says anything about the US citizenry being subjected to the secret and undecipherable codes of corporations known as US Code & Title, Federal code of regulations or any other contract laws and or legalese.

While many others maintain that the Supreme Court has final authority in these matters, this is true only if they act within the confines of the Constitution.  Their job is only to compare the law to the Constitution and determine if the law meets Constitutional provisions.  They have no other power or authority.  Any decision rendered by SCOTUS, as many have been recently, which defy the Constitution, are an obvious abrogation and violation of rights and liberties and are therefore null and void.  Having done so, SCOTUS has violated its own prescribed authority on numerous occasions, and has, in my opinion, rendered itself useless and without validation.  This court has become such a threat to the individual liberties and rights of the individual citizen, that it should be disbanded. 

Many people contend the only way for a state to reject Federal demands is to sue the Fed, and bring it to the Supreme Court.  This is a fallacy.  The fact that every state has its own legislature and law making body, is a clear indicator that the state has the right of self determination.  Now, of course, with that statement there will be those who will jump to an extreme and envision all kinds of ludicrous scenarios in their attempts to determine that this isn’t so.

H.J. Res. 62 is not meant to protect the states rights.  It is a piece of trickery.  The resolution implies that we do not now have the right as independent states to reject federal encroachment.  The key phrase is “when ratified by”.  If this resolution was actually implemented as an amendment to the constitution, no state could sue the Federal government over laws such as Obamacare, or refuse independently to submit to federal encroachment. 

We have the tools and the means now to defend ourselves from federal laws and mandates that abridge our rights, interfere with states rights, and that attack our freedom under various schemes meant to deceive us while forcing us into subjective compliance with a growing police state. 

What we are lacking is elected officials who actually do honor and uphold the Constitution.  If we are going to amend the Constitution, let’s put something to this effect into force: 

Citizens Amendment: 
Any politician, political appointee, bureaucrat, czar, black-robed god, or other stakeholder in the corporation known as The United States a.k.a., The United States of America, who with malice and forethought, who with the intent to profit at the expense of the people, who openly or deceptively operates as an foreign lobbyist for foreign interests, who contracts against the freedom and independence of 'we the people', who acts or votes to abrogate the rights of 'we the people, will be immediately seized, jailed and held for high crimes against the people of the fifty (50) independent yet, united, states.
Oh! Wait!  That’s all in the Constitution as well, isn’t it?   See! We have the tools we need.  We just need to get to work.  

Marti Oakley is a political activist and former op-ed columnist for the St Cloud Times in Minnesota. She was a member of the Times Writer’s Group until she resigned in September of 07. She is neither Democrat nor Republican, since neither party is representative of the American people. She says what she thinks, means what she says, and is known for being outspoken. She is hopeful that the American public will wake up to what is happening to our beloved country . . . little of it is left.  Her website is The PPJ Gazette   
Tenth Amendment Center

Warning from DC: No Fly Zone for Texas?

 

Please read and comment - and share this article everywhere (CLICK HERE): Yesterday, the U.S. Department of Justice upped the ante in a high-stakes political game of chicken. Lobbying against pending legislation in the Texas legislature which would criminalize any searches conducted without probable cause, U.S. Attorney John E. Murphy sent a letter to a few high-ranking members of Texas’ government warning against promoting the bill and threatening a complete closure of all flights to and from the state.

“If HR [sic] 1937 were enacted, the federal government would likely seek an emergency stay of the statute,” Murphy wrote. “Unless or until such a stay were granted, TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew.”

No doubt written with the threatening intent one reads into it, Murphy added: “We urge that you consider the ramifications of this bill before casting your vote.”

Previous to the federal government’s threat, the Texas legislature had considered the ramifications of the bill. More importantly, they were responding to a clear need to uphold the Fourth Amendment and ensure that each person enjoys the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” — a right which the U.S. Constitution mandates “shall not be violated.”

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Can someone say extortion or a form of terrorism against the State of Texas by the Federal Government..

I like the phrase Michelle Bachmann used when she described the forced closing of auto dealerships:

"Gangster Government"

But then her vote for the Patriot Act also helps to give more power to that "Gangster Government"
Amen. A blind spot in a mostly otherwise good legislator.  I'd certainly take her over most of what we've got.  But, too many tend to reflexively vote certain securiity and financial issues.

I personally can not vote and would not for her or anyone who would vote to gut the 4th Amendment as the Patriot Act does...

 

Let each citizen remember at the moment he is offering his vote that he is not making a present or a compliment to please an individual - or at least that he ought not so to do; but that he is executing one of the most solemn trusts in human society for which he is accountable to God and his country." --Samuel Adams, in the Boston Gazette, 1781

 

And anyone who would vote to not stand up for the protection of our Rights has lost or violated that solemn trust they have been place in the office of a public servent..

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“consequently, that the ultimate right of the parties to the Constitution (i.e. the States), to judge whether the compact has been dangerously violated, must extend to violations by one delegated authority as well as by another--by the judiciary as well as by the executive, or the legislature.” Virginia Assembly Report 1800, James Madison. 

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McCain remarks from inside the Egy territory to the W.Post insults the Egy sovereignty.we consider him persona non grata.an unwelcome person— Egyptian Cabinet (@Cabinet_eg) August 6, 2013

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A federal government which does not derive its lawful and limited authority from the Constitution of the United States is by definition an occupation government and criminal regime.  It’s authority is null and void and no one is bound by any rule of law to obey it.  --Donald L. Cline

When Party Loyalty Demands You Support a Creep, It's Time to Walk Away-- Jim Geraghty

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"And if you didn't know, the only difference between socialism and communism is an AK-47 aimed at your head."-  Quang Nguyen

Solution to the problem in Egypt :

They want a new Muslim leader, Give them ours. 

The administration’s attempt to intimidate Fox News and its employees will not succeed and their excuses will stand neither the test of law, the test of decency, nor the test of time. We will not allow a climate of press intimidation, unseen since the McCarthy era, to frighten any of us away from the truth.

-          Roger Ailes, Fox News

When Satan is knocking at your door, simply say, "Jesus, could You please get that for me.

- unknown

"There are 27 amendments in the Constitution but only one says 'shall not be infringed,'" Steve Toth said. "The Second Amendment is the amendment that keeps the people free."

“The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” – James Madison 

"When you disarm the people, you commence to offend them and show that you distrust them either through cowardice or lack of confidence, and both of these opinions generate hatred." - Niccolo Machiavelli

“We cannot continue to rely on our military in order to achieve the national security objectives we’ve set. We’ve got to have a civilian national security force that’s just as powerful, just as strong, just as well-funded.” - "Obama", 2008

"A gun is like a parachute. If you need one, and don't have one, you'll probably never need one again."

This country does not need to have a conversation about how many bullets should go in a clip. It does need to have a conversation about how many parents should go in a family. It needs to talk about the ghettos of Obamerica and have a serious conversation about broken families and generational dependency. It needs to have a conversation about funneling new immigrants from broken parts of the world into areas already suffering from high levels of unemployment and street violence.- Daniel Greenfield

Gold is the money of kings, silver is the money of gentlemen, barter is the money of peasants and debt is the money of slaves.- Traditional

  ΜΟΛΩΝ ΛΑΒΕ!

A federal government which does not derive its lawful and limited authority from the Constitution of the United States is by definition an occupation government and criminal regime.  It’s authority is null and void and no one is bound by any rule of law to obey it. --Donald L. Cline

Timid men prefer the calm of despotism to the tempestuous sea of liberty." -- Thomas Jefferson

“Disarmament of the populace is always the first step to depriving them of their civil rights and human rights…many African-Americans and women are actively assaulting the very document that first secured their own freedom... if you do not believe in the Bill of Rights, then you are not, at heart, an American.” – Mike Adams

Only in America could liberals talk about the greed of the rich at a $35,000 a plate campaign fund raising event.

We need to demythologize guns before the liberal attempt to create a totemic fear of them succeeds. If the gun control mentality promoting fear of guns themselves becomes our national mentality, we would turn the clock back to the days when a warrior class ruled over the people because only they had the confidence and expertise to deploy the means of defense and coercion. The gun control agenda will turn us into a people too timid to defend themselves from our would-be masters. – Alan Keyes

So now that there is a new tragedy the president wants to have a “national conversation on guns”. Here’s the thing. Until this national conversation is willing to entertain allowing teachers to carry concealed weapons, then it isn’t a conversation at all, it is a lecture. – Larry Correia'

During his 1956 presidential campaign, a woman called out to Adlai Stevenson: Senator, you have the vote of every thinking person! Stevenson called back: That's not enough, madam, we need a majority.

The economy is so bad, MSNBC had to lay off 300 Obama spokesmen. - Jay Leno

'Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

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referring to 10-3-12 debate: "Obama made a lot of good points tonight. Unfortunately, most of them were for Romney." - Bill Maher, million dollar Obama donor

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"We the people are the rightful masters of both Congress and the Courts, NOT to overthrow the Constitution but to overthrow the men who pervert the Constitution." -- Abraham Lincoln

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"Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves."---- Ronald Reagan (1911-2004) 40th US President


“The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant,” Obama’s lawyer Jablonski said.

 

“The difference between fiction and reality? Fiction has to make sense.”
--Author Tom Clancy

 

But if trouble must come, let it come in my time, so that my children can live in peace. "  

- Thomas Paine.

 

"Look, the Taliban, per se, is not our enemy.”

- VP Joe Biden
December 2011

 

"The Constitution of the United States is a law for rulers and for people, equally in war and peace, and it covers with its shield of protection all classes of men, at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of men that any of its great provisions can be suspended during any of the great exigencies of government."

– Ex Parte Milligan (1866)

 

Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government ; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.
I remain, dear sir,
Your faithful friend and servant,

John Jay. 

 

Calling Ron Paul "out of the mainstream" is a double-edged sword, because it also means he can’t possibly be responsible for the condition of the country today. 

<!--[if !supportLists]-->-        - <!--[endif]-->Thomas E. Woods, Jr.

 

 A guy named Reggie Love leaving the White House to get a degree at the Wharton School of Business. I guess he realized you can't learn anything about economics in the Obama White House.

- Jay Leno

Laws and regulations which violate the Constitution are not obligatory upon any free man. 

(believed to be from George Washington.)

 

  “We’re at that awkward stage where it’s too late to work within the system, but too early to shoot the bastards.”

- Claire Wolf

 

Mustafa Abdul-Jalil, the chairman of the National Transitional Council and de fact president, had already declared that Libyan laws in future would have Sharia, the Islamic code, as its "basic source".
-       The Telegraph (good job Barack!) 

 

Those who make peaceful change impossible, make violent change inevitable     - Robert F. Kennedy

 

 "The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." -- Albert Einstein

  

The four boxes of LIBERTY:
1. soap
2. ballot
3. jury
4. ammo
.....in that order!

 

"The actual need for a service, its relevance and value is always subordinate to the bureaucracy. This is the difference from the private sector: you go into a shop, and the sales assistant asks, 'Can I be of assistance to you, sir?' You go into a government agency: 'Get to the back of the queue and wait until you are called!”'

-       Alistair Mcleod

 

 

 "Only Malcolm X’s autobiography seemed to offer something different. His repeated acts of self-creation spoke to me. The blunt poetry of his words. His unadorned insistence on respect. He promised a new and uncompromising order, martial in its discipline."  

– Barack Hussein Obama 

 

“It is difficult to get a man to understand something when his salary depends on his not understanding it.”

-Oscar Wilde

 

“Anyone with an Obama 2012 Bumper Sticker is a Threat to the Gene Pool”

Congressman Allen West

 

“The Only People Who Don’t Want to Disclose the Truth are Those with Something to Hide."

- Barack Hussein Obama Soetoro

 

"If it takes a village to raise your kid, you’re in the wrong country."

-  Seen by Tim Clack II

  

"The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation."

-Barack Hussein Obama Soetoro Soebarkah Bounel

  

"The smart way to keep people passive and obedient is to strictly limit the spectrum of acceptable opinion, but allow very lively debate within that spectrum. " 

- Noam Chomsky

  

"Judge me by the people with whom I surround myself." -

- Barack Hussein Obama Soetoro (we are, Barry)

 

"…whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force…"

Thomas Jefferson, Federal v. Consolidated Government

 

“Better to be paralyzed from the neck down than the neck up”

Charles Krauthammer.

 

"Sublata causa, tollitur effectus" (Remove the  cause and the effect will cease)

 "Civilization and anarchy are only seven meals apart"                          

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