Rob Natelson, recognized national expert on the framing and adoption of the United States Constitution, offers a lesson on the general Welfare clause of the United States Constitution. He discusses the original meaning of the words themselves, the meaning of general welfare in the preamble, the original meaning and understanding of the clause, the taxing clause, the Hamiltonian vs the Madisonian view, anti-federalist concerns, modern interpretations, court cases which have turned its meaning upside down, practical reasons for a limiting view of the clause and the Constitution as a whole, and more.

Mentioned in this Show

Federalist #41

United States v Butler

Korematsu v. United States

More from Rob Natelson:

Are Campaign Finance Laws Constitutional?

Is ObamaCare Constitutional?

Claiming Almost Everything is “Commerce”

Mentioned in this episode:

HJM4009

Rep Shea’s Legislative Page

Bring the Guard Home

Sign up for Rep Shea’s Newsletter

Grassroots Central

State Government and Tribal Affairs Committee

Find Your WA State Legislator

Rob Natelson, recognized national expert on the framing and adoption of the United States Constitution, and Professor of Constitutional Law, Legal History, and Advanced Constitutional Law at the University of Montana School of Law talks about how the Supreme Court allowed the Federal Government in the late 1930s to drastically change the way the US Constitution is interpreted, how the Court initially tried to hold a line against FDRs expansion of power but changed position even before the infamous court-packing scheme, how the Commerce and Taxing powers were almost turned upside down,  the Necessary and Proper clause and incidental powers, the false claim that the Supreme Court is conservative, how bad precedent leads to more bad court rulings, state elections as critical for Constitutional activists, and more.

Editor’s Note: Professor Natelson notes one error in the podcast:  He should have given Justice Breyer’s first name as “Stephen.”

Mentioned in this Show:

United States v Darby Lumber

Wickard v Filburn

The Heritage Guide to the Constitution

Rob’s Page at the University of Montana

Scholarship of the Original Understanding of the Constitution

More from Rob Natelson:

Is ObamaCare Constitutional?

Claiming Almost Everything is “Commerce”

The New King George

It’s the People’s Right!

Podcast: Understanding Federalism

by Michael Boldin

The following was a prepared statement for the 10th Amendment Forum in Orlando, FL on 08-22-09

First of all, thank you for allowing me a few moments to be here with you today – it’s an honor to be able to speak with you, even if it’s from the other side of the country where I am here in Los Angeles, California.

As the founder of the Tenth Amendment Center, I’m often asked – why the Tenth Amendment?  Why do we need it?  And I truly believe that’s just what people like you and I were asking back in the time when this country was founded, too.

But, the answer isn’t complex.  It isn’t difficult.  It’s simple and it’s easy to understand. The People of the day, the Founding Generation, like so many of us today, recognized that a government of strictly limited powers is the only one that has a chance of protecting our liberty – and that’s just the kind of government that the People created when they ratified the Constitution so many years ago.

They did this because they knew through their own life experience, that a government without limits is a tyranny.

The 10th Amendment was ratified as an exclamation point on the Constitution – and it lays out in plain English that our federal government is to be one of limited, enumerated powers – not the nearly unlimited, unchecked one that it has become today.

It truly is our modern line in the sand.  On one side, we have those who believe in limiting the power of politicians, and on the other are those that trust the government to do everything.

The 10th Amendment is the safety valve that makes it clear, especially in conjunction  with the 9th, that it was The People who created the federal government to be our agent for certain enumerated purposes…….and nothing more.

The federal government didn’t create itself – and the state governments didn’t create it either.  It was The People who created the federal government, and it is the People who are sovereign in the American system.  This couldn’t have been more clearly stated than it was in the Federalist Papers, #22. And here’s the quote:

“The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.”

And that wasn’t Madison or Jay.  It was the man who at the time was seen as the greatest believer in centralized power, Alexander Hamilton.  So, back then, even the great centralizer recognized that power comes from the People.  And that’s the way it was at the beginning – and that’s the way it is today.

So only when “We the People” actually regain that power over the government that is supposed to be our agent – only then will we ever see liberty and prosperity flourish in this country.

And, I believe that the path to this is not in Washington D.C.  It’s not in asking federal politicians to let us exercise our rights, or hoping that federal judges will give us permission to exercise our rights.  But instead, the path is in Tallahassee and state capitols around the country.  Courageous State legislators – like your own Carey Baker and Scott Plakon – are calling on the Jeffersonian tradition of nullification to resist unconstitutional federal laws.

When a state “nullifies” a federal law, it is proclaiming that the law in question is void and inoperative, or “non-effective,” within the boundaries of that state; or, in other words, it’s actually not a law as far as that state is concerned.  We see this principle being raised in opposition to national ID cards, federal gun regulations and even proposed national health care plans.

Starting in 2007, there was a state-level resistance to the federal government that rose up in a way that this country hasn’t seen since the mid-19th century.  Approximately two dozen states simply refused to comply with federal law.  They refused to implement the Bush era Real ID act.   And guess what?  Today it’s gone without even needing congress to repeal it.

So what’s the lesson?  Through nullification, we can effectively resist DC and whatever they try to shove down our throats.

This year, 26 states have seen a firearms freedom act introduced, and already two states have already made them law – that’s Montana and Tennessee.

Sources close to the Tenth Amendment Center tell us to expect to see ten states introduce state constitutional amendments which would effectively ban a forced national health care plan – and your state of Florida is leading the way.

There’s plenty of outrage these days, and that can be seen by the activism at town hall meetings around the country.  But think of it this way – If, instead of making demands on federal politicians who don’t listen to us anyway, all this energy was instead focused on state governments, we’d probably see 10 or 20 health nullification bills in states already.  And Obama’s health care program would be just that much closer to being dead in the water today.

The bottom line?  As Jefferson wrote back in the Kentucky resolutions of 1798 – the people of this country are not united on a principle of unlimited submission to their general government.

So, with that, I urge you – each and every one of you here right now – to take the ball and run with it.  When people like you say “I’m not going to wait anymore – I’m going to lead!” that’s when we’ll see this great movement in support of the constitution and your liberty really take off.

Thank you.

Michael Boldin [send him email] 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.

Mark Edge, co-host of the syndicated radio show Free Talk Live, joins us to talk about the Free State Project in New Hampshire as decentralization in practice, moving towards smaller government on a state level, spreading liberty around the country by example, the insanity of violent response to activists by the federal government, the people of New Hampshire as having a streak of individualism and resistance to government encroachments, the state legislature in New Hampshire, liberty-loving lobbyists, the New Hampshire Liberty Alliance, Free Talk Live’s growing syndication, and more.

Mentioned in this Show:

Free State Project

Free Talk Live

Ridley Report

Free Keene

New Hampshire Liberty Alliance

Thomas J. DiLorenzo, published author and senior fellow at the Mises Institute, discusses the principle of nullification as a devolution of power away from the central government into the hands of the state or the people, Thomas Jefferson and the Kentucky Resolves as resistance to the Alien and Sedition Acts in 1798, ways nullification was put into practice all across the Union in the early days of the Republic, Andrew Jackson and resistance to the bank of the United States, the “Tariff of Abominations,” nullification of the fugitive slave act,  the slander of racism that proponents of big government often throw out at supporters of decentralization, secession as the ultimate brake on government,  the power and control of the IRS and the Federal Reserve, the Second Vermont Republic, and the progression of dictatorial powers through the Bush and Obama administrations.

Mentioned in this Show:

Hamilton’s Curse

Nullification, A Constitutional History

The Real Lincoln

How Capitalism Saved America

Mises.org

LewRockwell.com

Kentucky Resolutions

Virginia Resolution

Second Vermont Republic

Free State Project

Paul Armentano, Deputy Director of NORML – the National Organization for the Reform of Marijuana Laws discusses the unconstitutional nature of the war on marijuana, the history of marijuana prohibition in the U.S., the commerce clause as a federal excuse to regulate and prohibit various activities, 13 states that are directly resisting unconstitutional federal laws, a rare 10th amendment victory in the Supreme Court, the growth of taxes on marijuana into outright federal control and prohibition, a state-level strategy to rein in the federal government, and his new book, Marijuana is Safer – So Why are We Driving People to Drink?

Mentioned in this Show:

NORML

LewRockwell.com

AlterNet.org

The Hill

Marijuana is Safer

Charles Key, State Representative from Oklahoma’s 90th District, discusses Oklahoma’s 10th Amendment Resolution, the Constitution and limits on the federal government’s power, the long-standing abuses of the constitution no matter which administration or party is in power, bailouts and real id as unconstitutional, why it’s urgent to act now, the OK gubernatorial campaign, the Firearms Freedom Act, and the constitution – not the federal government – as the source of law in the United States.

Mentioned in this Show:

Oklahoma Sovereignty Resolution

CharlesKey.com

@ckey – twitter

Facebook Page

Randy Brogdon for OK Governor

Gary Marbut, president of the Montana Shooting Sports Association, discusses gun rights and activism in Montana, the Firearms Freedom Act and the various states where this is being passed or considered, the Commerce Clause of the US Constitution, litigation in federal court, the Raich case on medical marijuana, Real ID, and the judicial branch’s disdain for the 10th Amendment.

Mentioned in this show:

Montana Sport Shooting Association

ProGunLeaders.org

Montana Firearms Freedom Act

Tennessee Firearms Freedom Act

Minnesota Firearms Freedom Act

South Carolina Firearms Freedom Act

Rob Natelson, recognized national expert on the framing and adoption of the United States Constitution, and Professor of Constitutional Law, Legal History, and Advanced Constitutional Law at the University of Montana School of Law, discusses the origins and nature of federalism, the benefits of a federal government, the role of the 9th and 10th Amendment, the Necessary and Proper Clause, Enumerated Powers, Rules of Construction, States Rights vs People’s Rights, and the Compact Theory of Government.

More from Rob Natelson:

It’s the People’s Right!

The Ninth Amendment, The Tenth’s Partner

The Enumerated Powers of States

Rob’s Page at the University of Montana