by Michael Boldin
For those of you who are regular TenthAmendmentCenter.com readers, activists, and the like, you know full-well that the Constitution doesn’t grant us our rights. Our rights are ours by our very nature, and liberty is best secured by strictly limiting government to specific functions…and nothing more.
That’s where the 10th Amendment comes in.
The 10th is what’s known in the legal world as a “rule of construction.” In short, it’s what tells us how to view the entire Constitution: that “We the People” of the several states created the federal government to be OUR agent for certain, enumerated purposes – and nothing more.
THE ESTABLISHMENT
But that’s not something you’re likely to hear from politicians in DC, political pundits, government-schools, or just about anywhere else. It’s generally not in their interest, either.
If politicians and their backers were promoting such crazy ideas as “originalism” and “limited government” they’d never be able to convince you that they have the power to tell you what kind of health care plan you’ll be getting, how big your toilet can be, what kind of plants you’re allowed to grow, where you’re allowed to exercise your “right” to free speech, whom you can buy and sell from, and even when you must send your children to die for them.
No matter what side of the political aisle you sit on, the federal government is not your friend. It’s not a friend to the Constitution, and it’s certainly no friend to your liberty. For years and years…and years, people have yelled “vote the bums out!” “Call Congress now!” “March on DC!” But, in the long run, little to none of this actually works. And the proof is all around us.
If you oppose this national health care plan, they’ll give you that one. If you oppose one war, you’ll get another one. If you oppose today’s bailout, they’ll find a different one tomorrow. Decade in and decade out, the government keeps growing, and your liberty keeps shrinking. And it doesn’t matter if the person in charge is named Obama, or Bush, or Reagan, or Clinton.
THE TRUTH
In the 3.5 years since the Tenth Amendment Center was created, more and more people are learning these simple truths – and they’re turning here to TAC for news, opinion, education and more – information they’re unable to get in the mainstream media. Every day more people are learning that liberty isn’t going to grow by electing a new batch of federal politicians, or running to federal courts for protection, or demanding (read: begging) federal politicians to respect the Constitution and your liberty.
Why? Because when politicians and bureaucrats have the ability, like they do today, to determine the scope and extent of their own power – their power will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government.
So the sad reality is this: The Constitution cannot – and never will – enforce itself. You have to.
TENTHERS: BRINGING IT HOME
Earlier this year we made it our goal to bring the 10th Amendment and the principle of nullification to the mainstream political discussion. And today, as 2009 closes, we “Tenthers” are making headlines day in and day out.
Already 7 states have passed resolutions reaffirming the principles of the Founders and Ratifiers, 20+ states have passed resolutions or laws refusing to comply with the 2005 Real ID Act, and 2 States have passed (and nearly 2 dozen others are considering) laws to nullify federal gun laws and regulations. On top of all these successes over the last few years, there’s more to come in 2010. 20+ states will be considering laws to nullify national health care, and others will be considering laws to resist DC on issues like “federalization” of the guard, Constitutional Tender, Cap and Trade, No Child Left Behind, the Patriot Act and more.
The founders and ratifiers gave us a brilliant system – one where the most difficult and most divisive issues would be kept close to home. They understood that when states and local communities take the lead on policy, the people are that much closer to the policymakers, and policymakers are that much more accountable to the people. Few Americans have spoken with their president; many have spoken with their mayor.
TAKING ACTION
Thomas Jefferson once wrote – “The several states composing the United States of America are not united on the principle of unlimited submission to their general government”
He and many leading founders advised us to look to state governments whenever 2 or more branches of the federal government were conspiring against the Constitution and your liberty.
We feel that time is now!
That’s why we recently launched our state and local coordinator program – to take action close to home – and we must have your help to make it the success that it needs to be.
In just a little over a month, we’ve launched 9 official state chapters of the Tenth Amendment Center – in Arizona, California, Colorado, Florida, Oklahoma, Oregon, Tennessee, Texas and Utah. In the coming week, we’ll be launching chapters in Indiana and Ohio as well.
But that’s just the beginning. Our plan is to have Tenthers positioned with TAC Chapters in every state, every county and every city possible – please join us in this effort!
Domestic policy, foreign policy and everything in between – there’s very little that the federal government does that’s actually authorized by the Constitution. To turn that around might seem like a pipe dream, but Goliath though he was pretty safe too, didn’t he?
The time for you to lead is now – this long struggle for liberty is as difficult as it is exciting and important. Great patriots – Jefferson, Paine, Warren, Adams – what would they give to be alive today, resisting tyranny!
Together we can do great things – today, and for the future. Please join us today!
Michael Boldin is the founder of the Tenth Amendment Center
Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.
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We need to mount pressure to enforce the tenth amaendment.
As a start and in protest of Obamacare I call on all patriots to join in a GEN
ERAL STRIKE for two weeks starting 4-19-'10 (patriots Day).
What type of strike?
The only way to get the feds attention is not by passing resolutions but by with-holding the taxs that each state sends to DC. This would cause an immediate collapse of the federal governmant as well as bring kaos to the state governing bodies. However, following that collapse we could then rebuild on the ashes. Otherwise they (the fed gov) will take down our liberties untilthere are none left.
One-third of all their taxes is consumed by waste and inefficiency in the Federal Government as we identified in our survey. Another one-third of all their taxes escapes collection from others as the underground economy…
With two-thirds of everyone's personal income taxes wasted or not collected, 100 percent of what is collected is absorbed solely by interest on the Federal debt and by Federal Government contributions to transfer payments. In other words, all individual income tax revenues are gone before one nickel is spent on the services which taxpayers expect from their Government.
Grace Commission Report 1984
The United States Constitution forbids direct federal taxes, and is the only item in the Constitution that is stated twice:
Article 1, Section 2: “…direct Taxes shall be apportioned among the several States…”
Article 1, Section 9: “No Capitation, or direct, Tax shall be laid, unless in Proportion to the Census…”
Direct taxes are taxes on a person, a person’s property, or the exercise of a fundamental right. Any tax on a person’s labor, or on the earnings from their labor, is a direct tax:
“Direct taxes bear immediately upon persons, upon the possession and enjoyment of rights”
United States Supreme Court, Knowlton v. Moore, 178 U.S. 41 (1900)
“The right to follow any of the common occupations of life is an inalienable right…”
United States Supreme Court, Butcher’s Union Co. v. Crescent City Co., 111 U.S. 746 (1883)
“Included in the right of personal liberty and the right of private property… is that of personal employment, by which labor and other services are exchanged for money or other forms of property.”
United States Supreme Court, Coppage v. Kansas, 236 U.S. 1 (1915)
“Apportioned” and “In Proportion to the Census” mean that the tax is billed to the state governments according to each state’s percentage of the national population. The states collect the tax according to state law, and remit it to the federal government. The federal government is thus prohibited from involving itself directly in the lives and finances of private citizens. This is unique to America, fundamental to keeping power in the hands of We The People, and is perhaps the key reason our economy was second to none during our first century and half.
The Sixteenth Amendment to the Constitution, ratified in 1913, does not address or repeal direct Taxes; instead, it refers to something called “incomes.”
Amendment XVI: “The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.”
“Incomes” under federal tax law lost its common, everyday meaning and became a legal term via the Revenue Act of 1862, which set forth federally-licensed “trades or occupations,” federal employees, dividends from federal investments, and other federally-privileged activities, and laid an excise tax on those “incomes.” Therefore, “income” under the federal tax law is defined as receipts resulting from the exercise of federal privilege.
“We must reject… the broad contention submitted in behalf of the government that all receipts – everything that comes in – are income…”
United States Supreme Court, So. Pacific v. Lowe, 247 U.S. 330, (1916)
“The income tax…is an excise tax with respect to certain activities and privileges… the income are not the subject of the tax.”
F. Morse Hubbard, Treasury Department Legislative Draftsman, House Congressional Record, March 27, 1943, page 2580
In order for the strategy of tax resistance to make sense, each state would have to be confident that the other states would follow through. Such a tactic would meet a swift ending if only a few states actually went through with it and withheld funds from the Feds, as those few states would be singled out and heavily pressured by DC.
Since 1787; Article I, Section 2, Clause 1. "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States,"
The People are pretty close to Congressmen too and are the only entity that can use the ballot box to hire/fire them.
Allan
Write on folks, write on! There's but one way to defeat communism and its supporters, and that is through the force of the people.
One could wish there was sufficient spirit of liberty and independence in the States to "push back" against fed gov, but it seems we think of our selves as "Americans" first and sovereign states not at all. I think world wars and the threat of international communism solidified the thinking in our minds that the US = the fed gov and that the States are mere subdivision of it, rather than vice versa. We need some really outrageous acts from fed gov to help create a reaction against it at the local level.
Actions taken by the Federal government in recent months can certainly be called outrageous, resistance is growing quickly.
Hey Bryce, Is the Va 10th amendment resolution dead? The last I heard it had entered a committee.
I think dead would be the wrong word. This is all just getting started.
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Dear friends of the 10th Amendment,
The plan of "going to the states" is the best ever because it is easier to control our state representatives, senators, congressmen, because they are fewer in number and closer at hand and they are more likely to respond to the demands of their own state, which appear louder than other states. Yes that is the way, the truth, the light.
One more thing. It is a pity, a shame, that sites which have the truth are not promoted by other sites. Jews For the Preservation of Firearms. Whether or not you are a Jew does not matter. They learned their lesson about firearms when Nazi Germany setup gun registration, etc. The site, jpfo.org is where to go to get lots of information on the BATF.
Another ASTOUNDING Articleon the merging of the BATF and the IRS, are on other sites but easier to access from me. I'll email these 2, to you. Please email me for these two articles that will open your eyes to the truth. Their Short Titles are: BATF/IRS Fraud, and Meanings of United States, ( including citizens, employer, taxpayer, etc. IT WILL ASTOUND YOU AS IT DID ME, AND I'VE BEEN SURFING FREEDOM SITES FOR 2 YEARS. I SAY THAT KNOWLEDGE IS POTENTIAL. ACTION IS POWER. KNOWLEDGE IS THE SOURCE OF ACTION.
I, COURAGEOUSLY , HONESTLY PUT MY NAME HERE IN TESTAMENT TO WHAT I WROTE.
YOUR EMAIL SUBJECT SHOULD BE: BATF/ MEANINGS OF UNITED STATES.
SINCERELY YOURS, clabianco@gmail.com
CHARLES LABIANCO
In order for the states to be NOT bound to unlimited submission to the federal government, they MUST be sovereign nations; for if they are not, then the Union itself is a sovereign nation; and this means, by definition, MEANS all within that nation are bound to unlimited submission to the sovereign.
Thus when Jefferson write in the Kentucky Resolutions, that "the states are not bound to the Union by unlimited submission," he meant that each state was a sovereign nation unto itself– and therefore the Constitution was a compact among them, with no common judge over them: and hence, every state had the right to judge for itself, when the Constitution had been breached, and the appropriate remedy.
Of course, Lincoln claimed the opposite: i.e. that no state could lawfully get out of the Union, or refuse the federal majority– and that the only alternative was armed revolt. And of course, this became federal policy– i.e. the law was DICTATED by force, rather than fact; and thus it is now a dictatorship.
(continued)
Brian suggested that the Constitution could be considered as a compact among the states and that every state had a right to judge for itself when the Constitution had been breached. It is at this point that the tenth amendment kicks in; the disputed powers are denied of the federal government and are reserved to the states. It would be the burden of the U.S. Congress to formulate the national legislation in such a clear and convincing fashion that the states would plainly judge it to be in conformance with the Constitution. It would be the burden of the states to seek to strengthen the union of our states.
"Brian suggested that the Constitution could be considered as a compact among the states and that every state had a right to judge for itself when the Constitution had been breached. It is at this point that the tenth amendment kicks in; the disputed powers are denied of the federal government and are reserved to the states"
I'm not sure you're getting my meaning.
Each state is a sovereign nation unto itself, and the Constitution simply defines the terms of a voluntary federal republic among them. Soveriegnty does not quibble over laws and stipulations– for the sovereign binds the law: the law does not bind the sovereign.
The sovereign simply rules, and that rule is FINAL. It cannot be gainsaid or coutnered by any authority or law.
The ONLY way to resolve this issue, is for a New Reformation– like when Martin Luther tacked the 95 Theses on the Vatican door, to prove that the Church was wrong. As such, we must likewise prove to the federal government, that the United States is NOT "one indivisible nation–" but only a federal republic among FIFTY of them– who can "divide" at will.
Unfortunately, too many self-applauding "libertarians" lack the brains our guts to do it.
Just a factual correction: Martin Luther didn't tack the 95 Theses to a door in the Vatican, but to the door of a church in Germany.
I refer you to your local public library: Go there and read up on the events that led to the French Revolution.
It was necessary to eliminate all of the “royals” to prevent a recurrence of the horrors their government had perpetrated against them. Our “royals” are of the same mold.
The solution? Where can we get an operable guillotine?
John, you have just hit a triple on the dart board. Stick around and read the series of parts to an article being released on this site, "The Conservative vs. Liberal Tail Chase." There is even a famous Frenchman quoted a few times in it.
I think that the Congress of the United States is quickly making themselves irrelevant. They run around talking about how powerless they are to stop the EPA et al.. We must focus on changing the make up of our state houses this election cycle. We must stack the deck in our favor. I think that if we do not sieze this moment in history our constitution (whats left of it) will be neutered by the next cycle. We will not even be able to use it to defend ourselves.
My plan of action would look like this.
1. Completely root out of our state legislatures anyone who is not a strict federalist in 2010 to the extent possible by law.
2. Use the state legislatures to call for a repeal first of the 17th amendment. Thus giving our "Sovereign States" their ambassadors in Washington. The political balance of power will be restored to the Federation – Federal, State people keeping each other honest. Also, the federal judge confirmations will be completely different when the Senators work for the Legislature instead of being political hacks. They will be forced to defend their state wishes as expressed in state law.
3. Call for the repeal of the 16th Amendment to be effective in 18 months from the repeal of the 16th amendment thus allowing the state governments time to prepare to fill the vacuum created by the huge sucking sound caused by all the bureaucrats being ripped loose from their leech like positions and the screams from the belly of hell as they are forced to let go.
If our "Sovereign States" do not have their representatives then we have no prayer of gain or keeping their sovereignty.
>> If our "Sovereign States" do not have their representatives then we have no prayer of gain or keeping their sovereignty.
I'm not sure what you mean by "sovereignty," but that's not the proper meaning of the term.
Sovereignty refers ONLY to absolute and final authority over a nation-state. It is neither conditional, nor subject to ANY other authority.
State sovereignty pertains not to a state's delegates, but solely to its PEOPLE, who are the supreme rulers of each state in the original USA, since 1776.
State sovereignty was suppressed in the War Between the States, via mass-murder an totalitarian censorship– and has been ever since.
The Tenth Amendment does not pertain to state sovereignty, but simply powers reserved by law under the Constitution.
In contrast, law does not create or maintain sovereignty– on the contrary, sovereignty creates and maintains the law.
In order to restore state sovereignty, the PEOPLE– not the governments– of each state, must assert their lawful status as sovereign rulers of their respective individual states.
I for one am for going to dc and throughing the whole damn buch out.
That being said i have been contacting our state and federal reps on the sovererignty of the states.
I beleive if we can get the majority of the states to declair their soverinty then the fed becomes impudent.
I urge all to contact their state and federal reps to push for this and for us to keep up the pressure.
What is remarkable about the tenth amendment is it is set up to curtail the potential of the federalism ushered in by Obama. I applaud the efforts of this Center. Percolation is a powerful technique of changing the unyielding. I agree most politicians do not understand the nature of your Union.
Charles Labianco, a caveat: the Way, the Light and the Truth will not be found in a manmade document. Resisting the NWO that Obama and his financial cohorts are trying to plant the foundation in America for, may be something not possible without Higher assistance. On the other hand, the framework is there for a state not run entirely by oligarchies as every other country in the world seems to be. America has lead freedom since her inception, but we forget!
Keep on rocking in the free world!
>> What is remarkable about the tenth amendment is it is set up to curtail the potential of the federalism ushered in by Obama.
False: it was set up to MAINTAIN federalism, and curtain NATIONALISM; but to do this, states must be sovereign. Under a federal republic, every state is its own sovereign nation; however under a NATIONAL republic, each state belongs to the nation in question.
I don't understand how anyone can think that laws alone can secure freeom, without the sovereign power to refuse breaches OF the laws. No matter how the law is written, the sovereign power can simply ignore it at will.
Thankyou to Michael Boldin and the great site. healthcaretyranny.com
What was the difference between the American Revolution – 1776- and the French Revolution?????
God, the Father, God, the Son, and God, the Holy Spirit.
II Corinthians 3:17, “Now the Lord is that Spirit: and where the Spirit of the Lord is, there is LIBERTY.”
Without God, we can not have this Beloved Land, America. The heart of man is the problem, only God has answered that problem through REDEMPTION.
We cannot get away from the Lord. Our Foundations require we have the Lord in our midst.
For God & Country
Ruth Ann Wilson
>> What was the difference between the American Revolution – 1776- and the French Revolution?????
The French Revolution WAS a revolution– i.e. it took over the existing government.
The American Revolution, meanwhile, was a REBELLION– i.e. it simply rebelled against the AUTHORITY of the existing government, to create a new one of its own.
In contrast, the secession of the Confederate States of American in 1860-61 was NOT a rebellion, since it was done by sovereign nation-states which by definition ARE their own government; meanwhile the war that followed, was an imperial coup by a rogue faction within the states in question, which seized power through mass-murder and totalitarian censorship.
People can either learn the turth, or live the real story of the movie "Groundhog Day."
One very important point you made was that our rights are natural, not god-granted. So long as they are considered to be granted by god, these rights can easily become null and void. This is where the "founder's" went wrong. The idea of natural rights was eventually destroyed by the American religionists and European "secular socialists." The common thread between the two forces was their Altruistic morality. A moral code that declares the moral standards to be found in the "other" or the "group" also declares individual rights to be selfish and at best a necessary evil.
Keep up the good fight on the 10th amendment front, I think such a fight will go a long way to restore our republic. I as an Objectivist will continue in my capacities to act as an advocate of Reason and a moral code based on the individuals rational self interests (selfishness) so that such a republic can be kept.
Gosh, I hate to be the prick here. I like this website and all that is discussed here is noble and righteous. The original Revolutionaries had a huge advantage that we do not have. They were self-sufficient and NOT dependant on British script. Until we or the States wean ourselves from the Federal Reserve, all our banter amounts to treefort imaginative planning. As soon as the dinner bell rings, the clubhouse will disband. This is evident as most replies talk of “fighting back” or “getting the Federal Govs’ attention”. If we were self-sufficient, we would simply “do” for ourselves. We would walk away from the tyranny. Since “they” would not be able to do without us, THEY would “fight back”. Then we would need to defend ourselves and the 10th would be our first line of legitimate reason to defend. We can not levy any attack. We first need to learn how to be independant before we can declare our independance.
Mr. Vazquez,
The Beloved Founders of this Constitutional Republic were right. We were founded a Christian Protestant America. Oh, yes, other religions were here, but the Faith of Our Fathers was a Holy Christian Protestant Faith.
There is no denying the Providence of our Holy God in the formation of this Country. Multiculturalism will not do in America. We must say “The Lord, He is God”
and we will have no other gods, images, or idols to take His place. Ten Commandments of Almighty God, #2.
This is God’s Country and we’d better keep it that way.
For God & Country
Ruth Ann Wilson
Ms. Wilson,
The Almighty placed us here in his creation with all the resources we need. We are required to manage, reap, refine, produce and trade to thrive. We must use our talents or perish. What good is affixing labels on each other that doesn’t identify ones’ God given ability?
Ms. Wilson,
Constantly preaching will serve no use. Religion will not restore this country. Focus on the secular and keep your religious beliefs at home where they belong.
Guest,
I certify to you that God’s Word built this Country and it will be sustained by nothing else except THE LORD.
You can think RELIGION has nothing to do with this Beloved Country or in fact, in your fancy, you may think Religion matters not. But you are very deceived.
For God & Country
Ruth Ann Wilson
Thanks for your opinion. I disagree strongly. And, this isn't a religious forum – I believe this is a distraction from the article that I wrote here. Any way you can keep it on topic?
MBoldin–why not let the religious lady have her say.
Some people–say, George Washington for instance–thought that the structure of their new American civilization stood upon the good morals of the populace, and that those morals, as a practical matter, were vouchsafed to all through widespread religious practice. General irreligiousity is incompatible with their plans for a Republic.
Just because Tom Paine and atheists are welcome exceptions to the general rule that a religious and moral people is required to make things work doesn't mean the lady is wrong about the majority.
So a hearty welcome to the views both of Mr. Vasquez and Mrs. Wilson, says I.
"why not let the religious lady have her say."
She does have her say, and repeats something similar on this website almost every time she comments. I pointed out my disagreement, and asked – not required – something more on-topic. Speaking of which – we feel it's absolutely necessary to get active on a state-level instead of a federal level. Any thoughts on that?
Religion does not necessarily equal morality. In my life I have encountered highly religeous scumbags and low lifes who turn out to be highly moral, and all in between. It seems as if the two have no correlation.
Michael,
You are awesome, and I apprieciate your work. The mark of relevent editorials are those that boil down to the unknown. Reality is too painfull, so apparently, a distaction is needed. And life goes on. THANKYOU!
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NO CONSTITUTIONAL CONVENTIONS, NOT AT THE STATE LEVEL, FEDERAL LEVEL, NOT AT ANY LEVEL.
Leave the Constitutionals alone. They came from men “who loved their people and they had the fear of God in their hearts”.
Stand on the DECLARATION OF RIGHTS, in these LEGAL DOCUMENTS. Remind the Courts and the Legislators, we have FOUNDATIONS, “precedent case law” does not supersede
our Constitutions especially the Declaration of Rights.
For God & Country
Ruth Ann Wilson
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With the obvious, long-standing and continued Federal encroachment upon state sovereignty, citizens and state leaders must understand the proper, "original" Constitutional hierarchy between the States and Federal government.
The future battle for Liberty lies here.
In my mind, people need to start thinking of themselves as State citizens first and move forward from that perspective.
Towards that end, my recommendation is for all Liberty seekers to PURCHASE and FLY your respective State flag.
This is a great way to express your state sovereignty "mindset" as well as an open sign of camaraderie with other tenthers.