The Neglected Tenth Amendment

This article was first featured in Sunday's Idaho State Journal.

Once upon a time in a land far away there was a government that thought it had unlimited power over the lives of Americans. But we decided we didn't want bureaucrats running our lives and we fought a war for independence. We chartered a new course of individual liberty, constitutional government, sound money, free markets, and a noninterventionist foreign policy.

Our Constitution placed restrictions on the government, not the people. Nobody likes being restricted, and government is no exception. So they routinely ignore or reinterpret the Constitution - the contract between the central government and We the People of the States.

Fortunately, more and more of us are realizing that if we don't begin enforcing the contract, nothing will stop the consolidation of all power in Washington D.C.; nothing will stop bureaucrats from dictating every decision we make - from personal health choices to spending the fruit of our labor; nothing is off limits from the insatiable appetite of bureaucracy.

The world is run by those who show up and increasing numbers of Americans are discovering that bureaucrats and corporate cronies are the ones that consistently show up to protect and enlarge their piece of the pie. Problem is, the fruit used to make the pie is confiscated from taxpayers.

The American sleeping giant is now awakening to the fact that we were ripped off while we were slumbering. Watch out! We're mad and we're rolling up our sleeves to go after the culprits.

This is not about right versus left - which keeps us divided and conquered - it's about local government and state's rights versus the ever-encroaching central government.

NULLIFICATION OF UNCONSTITUTIONAL FEDERAL LAWS

"Thirteen states now have some form of medical marijuana laws - in direct contravention to federal laws which state that the plant is illegal in all circumstances. Massive state nullification of the 2005 Real ID Act has rendered the law nearly void. And, two states, Montana and Tennessee, have already passed laws nullifying federal gun laws and regulations within their states." - Michael Boldin, Founder of the Tenth Amendment Center

The use of nullification is a growing, nationwide, transpartisan movement among the states that's being fueled by the arrogance of the federal government.

The Tenth Amendment to the Constitution of the United States reads as follows: "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."

In 2009, the House of Representatives and the Senate of the State of Idaho passed House Joint Memorial 4, claiming sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution.

With concerns about privacy, funding and more, Idaho was one of 25 states over the past 2 years that passed resolutions and binding laws denouncing and refusing to implement the REAL ID Act, the implementation of which has been delayed numerous times in response to this massive state resistance, and in practice, is virtually null and void.

The Sovereign Idaho Coalition, found online at http://SovereignIdaho.com, is planning to Converge on the Capital in Boise on January 18th to meet with our legislators and deliver thousands of voter signatures on a petition asking them to join dozens of other states and nullify several unconstitutional federal laws.

FIREARMS FREEDOM

Any firearms made and retained in Idaho are beyond the authority of Congress under its constitutional power to regulate commerce among the states. Idaho should nullify unconstitutional federal regulations on firearms, accessories, or ammunition manufactured and retained in Idaho.

The Second Amendment to the Constitution of the United States reads as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Switzerland was and is a model for American self-defense. Surrounded by the war-mongering nations of Europe, they managed to stay out of two World Wars because they maintain a well regulated Militia. With a trained marksman behind every door, foreign invaders avoid what would be a disastrous confrontation. Consequently, violent crimes such as assault and robbery are virtually unheard of.

CONSTITUTIONAL TENDER

The Constitution declares, in Article I, Section 10, "No State shall... make any Thing but gold and silver Coin a Tender in Payment of Debts." Idaho should nullify federal legal tender laws by authorizing payment in gold and silver or electronic transactions backed 100% by gold or silver.

The Constitution was never amended to allow the creation of the monopolistic banking cartel known as the Federal Reserve System. Since its inception in 1913, the Fed has helped to devalue our dollar by 95%. They steal the fruit of your labor by inflating the money supply, giving it away to their cronies as in recent bailouts, and they refuse to even tell Congress who they gave it to. Inflation of the money supply is what caused your price for groceries to double in the last decade.

If Americans had to pay for the onerous welfare-warfare state via direct taxation alone (without the hidden inflation tax), there would be a revolution overnight. Government can't print gold and silver and reduce its value the way they've done with the dollar. Limited availability causes its value to rise in relation to the increasing supply of other goods and services. How would you like your earnings to buy more and more instead of less and less?

HEALTH CARE

A reading of the Constitution through the original understanding of the Founders and Ratifiers makes it quite clear that any national health care plan or national public option is not something that was delegated by the People to the Federal Government in the Constitution. Idaho should pass legislation making it clear that we will not participate in any nationalized health-control scheme.

A reporter recently asked House Speaker Nancy Pelosi, "Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?"

Pelosi dismissed the question by saying, "Are you serious? Are you serious?"

The reporter said, "Yes, yes I am."

Pelosi then shook her head before taking a question from another reporter.

Disregard for the Constitution is strangely common to whichever political party controls Washington. They have their agenda and they're not going to let old fashioned ideas like constitutionally limited government stop them.

Prior to the outbreak of the Iraq War, Congressman Ron Paul proposed a congressional declaration of war as mandated by the Constitution, even though he planned on voting against it. Republican chairman of the International Relations Committee, the late Henry Hyde, chided him, "There are things in the Constitution that have been overtaken by events, by time. Declaration of war is one of them. There are things no longer relevant to a modem society. We are saying to the president, use your judgment. [What you have proposed is] anachronistic; it isn't done any more."

I have pleaded with our public servant to obey the Constitution for the last decade - to no avail. Representative Simpson voted for Real ID, the Patriot Act, more federal intrusions into health care and education, last year's banker bailout, another $2 billion in cash for clunkers, and numerous other unconstitutional central government expansions that are bankrupting our country.

Ironically, whenever power shifts the new minority party suddenly believes in the Constitution again and they use it to criticize the majority party. This absurd hypocrisy can certainly be stopped by sending constitutionalists to Congress and holding them accountable. But it also needs to be stopped at the Idaho state line.

By reasserting state sovereignty we can restore sanity and liberty to our land. When we Converge on the Capital for the 2010 legislative session we will send a powerful message to Washington: Idaho believes in the Constitution and we will no longer allow gross usurpations to go unchecked.

Chris Stevens, of Pocatello, is Idaho State Coordinator of Campaign For Liberty and Bannock County's Republican State Committeeman. He is also co-chair of the recently organized Sovereign Idaho Coalition and has been active in all of the local Tea Parties. He can be contacted at Chris.Stevens@CampaignForLiberty.com or 478-8683.

States' Rights: Nullification of Federal Laws

Part 1: http://www.youtube.com/watch?v=eu2Y9Js5QqA



Part 2: http://www.youtube.com/watch?v=AVU6uKUV_xc



Part 3: http://www.youtube.com/watch?v=66qmsMsb2Kk

One Small Victory!!!

We had a small victory in the Senate yesterday. Part of the Health Care bill was defeated because one Senator stood on principle and insisted the Senate follow its own rules.
Senator Bernie Sanders (I,VT) introduced a 767 page amendment to the 2064 page Health Care bill. Senator Tom Coburn (R, OK) did not give unanimous consent to suspend the reading of the amendment. According to senate rules if any senator insists on the bill being read it must be read in its entirety, as long as that senator or one of his party is on the floor.
It was estimated that the reading would take at least 17 hours. After three hours Senator Sanders removed his amendment from consideration. Senator Sanders was outraged by this delaying tactic used to bring the government to a halt in a time of crisis. If it is such a crisis why doesn’t the bill even take effect for three years?
Senate Majority leader Harry Reid (D,NV) is going to be bringing an amendment to the floor estimated to be “several thousand pages” or at least as big as the original bill. Senator Jim Demint (R,FL) is promising to insist that this amendment be read in its entirety if the bill is brought to the floor. He says he has enough republicans lined up to prevent the democrats from voting unanimous consent to suspend the reading.
We have attained a small victory in this battle. Everyone should call or send Senator Coburn an e-mail thanking him for his efforts. Also send a note of encouragement to Senator Demint thanking him and encouraging him to continue with his efforts.
Senator Coburn’s office can be contacted through his e-mail at
http://coburn.senate.gov/public/index.cfm?FuseAction=ContactSenatorCoburn.Home
or by phone at his Washington D.C. office
Main: 202-224-5754
Fax: 202-224-6008
Senator Demint’s office can be contacted through his e-mail at
http://demint.senate.gov/public/index.cfm?FuseAction=Contact.Home
or by phone at his Washington D.C. office
Phone: 202-224-6121
Fax: 202-228-5143
Also contact Senator’s Crapo and Riche at their local offices and tell them to support Senator Demint and Coburn in these efforts.
We have won a small skirmish, the battle rages on we can win this one small victory at a time.
Mark Balzer Co-Chair Sovereign Idaho Coalition

The EPA pt. 1

The world has been meeting in Copenhagen this week to discuss the need for regulations about climate control. A few weeks ago e-mails, dated between March 1996 and November 2009, showed that some of the scientists involved in climate research tweaked their data at best and at worst outright falsified the information.
President Obama will be going to Copenhagen, along with Al Gore and others, a republican delegation will also be going to present the opposing view. Interestingly at this conference which touts the evils of using fossil fuels, self important people will use 140 private planes and over 1200 limousines. This number does not include official planes like Air Force One and diplomatic cars.
Earlier this week the Environmental Protection Agency decided that carbon dioxide is a toxic substance. The President of the US Chamber of Commerce, Thomas Donohue, and other business people are concerned that any action by the EPA will stifle the economic recovery when it begins.
But this column is not about global warming.
Shortly after the EPA made this declaration Lisa P. Jackson the EPA administrator told congress that if they did not act on CO2 regulation the EPA would. She went on to say that if the EPA did write the regulation it would be from a command and control position and not from a position friendly to business.
As most people see this there is one of two things that could happen.
Thing one, is that congress will pass the cap and trade bill which will increase the cost of absolutely everything in this country. This will happen because the people in congress who pass it and the president who will sign it have failed to realize one simple fact about taxes and business.
Business does not pay taxes.
Thing two, the EPA will enact new law regulating CO2 emissions increasing the cost of absolutely everything in this country. This will happen because the people in the EPA who will enact the regulation …, well, see above.
What most people do not realize, I have talked to only one who could see this, is there is a thing three. Thing three is for congress to tell Ms. Jackson that she does not have the authority to regulate CO2 emissions.
They would do this by exercising their constitutional authority and responsibility as the only body authorized to write law. Yes Grasshopper the Constitution does actually say in Article One, Section One;
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives”
Hmm, I don’t see anything in that section, and that is the entire section, that says any agency of the government has any authority to make law. Do not be mistaken my friends whenever any federal agency is writing new regulation they are making law.
The EPA is part of the executive branch. Nowhere in Article Two, which is the section enumerating the powers of the executive branch, does it say the executive is allowed to make laws. Of course the EPA does not call what it does making law, they are regulating. Well when these regulations come with penalties up to and including jail time they are laws no matter what little nicety you call them by.
Friday the EPA announced that any use of pesticide or herbicide would require individual permits for each application under the clean water act. This means that a farmer who finds a fungal infection or insect infestation must apply for a clean water permit before he takes any action to protect his crops. Like he would get that in time save his crops.
Congress should have and still can pass a law telling the executive branch to mind its own business and not try to blackmail congress into action. That is one of those mythical Checks and Balances you may have heard about. Lately they have become as rare as Unicorns.
We as a country have come to accept regulation and enforcement by the same branch of the government. We accept the Supreme Court as the ultimate sovereign authority in this country. Both positions are incorrect, and tyrannical, because neither give any redress to The People.
ONLY congress has the authority to pass law, or regulate, not the executive branch, and certainly not the judicial branch. Our three branches of government have either overstepped their authority or abdicated it through inaction, both situations are wrong, both need to be fixed, and congress can start with the EPA.

Mark Balzer is the Co-Chair for Sovereign Idaho

The Growing Movement to Nullify National Health Care

By Michael Boldin

In response to what some opponents see as a Congress that doesn't represent their interests, State Legislators are looking to the nearly forgotten American political tradition of nullification as a way to reject any potential national health care program that may be coming from Washington.

In 2010, residents of Arizona will be voting on a State Constitutional Amendment that would let them effectively opt out of any proposed national health care plan. Legislatures in Florida, Michigan, Ohio and Pennsylvania are also considering similar State Constitutional Amendments.

And now, Missouri is joining them. According to a report in The Missourian, "Rep. Cynthia Davis, R-O'Fallon, pre-filed a bill Dec. 1 that, if approved by voters, would effectively put a halt on any national health care legislation. Davis said her intent was to give voters a way to protect themselves."

FREEDOM TO PARTICIPATE

The bill, HJR48, "Proposes a constitutional amendment which would prohibit compelling a person to participate in any health care system."

It states:

"To preserve the freedom of citizens of this state to provide for their health care, no law or rule shall compel, directly or indirectly or through penalties or fines, any person, employer, or health care provider to participate in any health care system. A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services. Subject to reasonable and necessary rules that do not substantially limit a person's options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule."

NULLIFICATION: A HISTORY LESSON

The principle behind such legislation is nullification, which has a long history in the American tradition. 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, not a law as far as the state is concerned.

Early nullification movements began with the Virginia and Kentucky Resolutions of 1798. These resolutions, secretly authored by Thomas Jefferson and James Madison, asserted that the people of the states, as sovereign entities, could judge for themselves whether the federal government had overstepped its constitutional bounds -- to the point of ignoring federal laws.

Virginia and Kentucky passed the resolutions in response to the federal Alien and Sedition Acts, which provided, in part, for the prosecution of anyone who criticized Congress or the President of the United States.

Nullification was regularly called upon by states all over the country in response to everything from higher taxes to the fugitive slave law of 1850.

A MODERN NULLIFICATION MOVEMENT

Besides the Health Care legislation in Arizona, activists and state-legislators are pushing forward with nullification efforts all across the country -- and it spans the political spectrum.

Thirteen states now have some form of medical marijuana laws -- in direct contravention to federal laws which state that the plant is illegal in all circumstances. Massive state nullification of the 2005 Real ID Act has rendered the law nearly void. And, two states, Montana and Tennessee, have already passed laws nullifying federal gun laws and regulations within their states.

HOWEVER WE CHOOSE

"We (Missourians) don't like it when people try to take away our freedom," Davis told The Missoulian. "We will maintain the right to purchase health care however we chose. This national health care debate is not about health care as much as it is about redistribution of the wealth. This resolution allows voters to say don't redistribute our wealth here in Missouri."

George Senate Majority Leader Chip Rogers, in an interview with the Atlanta Business Chronicle said, "Proposals to deny or limit access to the purchase of private health care are simply unacceptable. Our basic freedoms are at risk with the government-run health care proposals coming out of Washington." Legislators from Georgia recently announced that they would be introducing a similar resolution in 2010.

REAL ID AS THE BLUEPRINT?

Supporters of modern nullification efforts look to the successful rebellion by states against the Bush-era Real ID Act.

In early 2007, Maine and then Utah passed resolutions refusing to implement the federal Real ID act on grounds that the law was unconstitutional. Well-over a dozen other states followed suit in passing legislation opposing Real ID.

Instead of attempting to force the law to implementation, the federal government delayed implementation not once, but twice. And in June of this year, the Obama administration, recognizing the insurmountable task of enforcing a law in the face of such broad resistance, announced that it was looking to "repeal and replace" the controversial law.

Supporters see this as a blueprint to resist various federal laws that they see as outside the scope of the Constitution. Some say that each successful state-level resistance to federal programs will only embolden others to try the same -- resulting in an eventual shift of power from the federal government to the States and the People themselves.

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.

Reasserting Idaho Sovereignty

Question. What scares politicians?
Answer. Patriots brave enough to talk to their neighbors.

Dear Defender of Liberty,

I have some important news and exciting developments to share with you about protecting Idaho from the out-of-control federal government.

As you know, there are millions of patriots across the country - thousands here in Idaho - who are organizing and mobilizing against Big Government.

But you and I both know that the forces of "change" are already well organized after years of involvement in the political process, and they are aggressively forcing their agenda upon us.

We the People must stand up and defend liberty with greater intensity than ever before!

"We in America do not have government by the majority. We have government by the majority who participate." -Thomas Jefferson

The majority of those who participate want something from government - usually at the expense of everyone else. You and I want something that benefits everyone - freedom. The only way we can get it is by engaging in the political process and fighting smarter than the other side.

We have a simple and powerful way to begin making a huge difference. You will want to share this with your friends, family, and neighbors - everyone you can find who wants to restore liberty to our land. The more people who know about it, the bigger the impact will be.

I have been greatly encouraged over the last couple years as I have personally knocked on the doors of thousands of voters who still believe in the Constitution and are outraged at what's been emanating from Washington. We have an exciting opportunity to engage thousands upon thousands of these liberty-lovers in restoring the correct balance of power between the state and federal governments.

The 2010 Idaho legislative session begins in January and usually ends by April. This is followed by the primary election in May, where representatives are held accountable for their votes.

We will collect thousands of voter signatures on a petition to our legislators asking them to support a slate of legislative priorities to strengthen freedom in Idaho. Idaho's Campaign for Liberty is sponsoring a statewide "Converge on the Capital" Tea Party in January, where we will deliver these petitions to each representative. At the end of the legislative session, we will report the voting record of our representatives back to the voters.

State sovereignty legislation is in the works for each item on our list - not only in Idaho, but in numerous other states as well. Our job is to make sure the legislation becomes law. Here is what each one of us needs to do:

1. Print petitions and collect signatures from at least 30 voter households in your neighborhood/precinct (an average of 30 two-voter households is what it takes to win each precinct in a primary election).
2. Make three copies of each page of 10 signatures that you collect (for your two representatives and senator).
3. Keep your original copies so that you can report your representative's voting records to the signers and make sure they vote in the May primary election.

You are only responsible for your neighborhood. Others are responsible for their neighborhood. To be successful, it will take every single one of us doing our part. Politicians will only find the courage to stand up against the out-of-control federal government if sufficient numbers of their constituents demand it.

We have worked out a comprehensive timeline with a monthly focus and specific action items. Look for additional details when you sign in to your account (sign up for an account here). We are also building a statewide Sovereign Idaho Coalition of groups who will help with our efforts.

Working together, we will take our country back, starting with our own backyard. We can do this! - and build tremendous momentum to accomplish even more!

Let's Campaign for Liberty!

Chris Stevens
Interim Idaho State Coordinator
208-478-8683

P.S. It has never been more important for us to reclaim our sovereignty under the 10th Amendment to the U.S. Constitution. Please enlist your family and neighbors in this fight and start collecting signatures today.

Resist DC: A Step-by-Step Plan for Freedom

by State Rep. Matthew Shea (WA-4th)

This summer, legislators from several states [including Idaho] met to discuss the steps needed to restore our Constitutional Republic. The federal government has ignored the many state sovereignty resolutions from 2009 notifying it to cease and desist its current and continued overreach. The group decided it was time to actively counter the tyranny emanating from Washington D.C.

From those discussions it became clear three things needed to happen.

1. State Legislatures need to pass 10 key pieces of legislation “with teeth” to put the federal government back in its place.
2. The people must pass the legislation through the Initiative process if any piece of the legislative agenda fails.
3. County Sheriffs must reaffirm and uphold their oaths to protect and defend the Constitution of the United States.

With the advent of the Tea Party Movement, many people have been asking how exactly we can make the above reality. What follows is Part I of the outline of that plan regarding state legislation, the action steps any concerned citizen can take to see this legislation to fruition, and the brief history and justifications behind each.

http://www.tenthamendmentcenter.com/2009/11/29/resist-dc-a-step-by-step-plan-for-freedom