The Rabid Conservative

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Posts Tagged ‘Tenth Amendment

Pelosi’s Win Spinning

with 7 comments

The Dems absolutely hate the idea of a federal republic because it takes power from Washington and keeps it in the hands of the individual states or the individual citizens.


There has been a lot of analysis (ad nauseum, actually) regarding the 2009 election, about whether it was a Democrat victory – the beginning of a GOP revolution, a referendum on President Obama’s first year, etc etc.

But the thing that I found most amusing was Nancy Pelosi’s remark about how it was a Democrat win because [they] "picked up votes".  And to that end, she’s right, the Dems added two to their number in the House majority – a majority that is whipping the rest of the House Dems into supporting the Nationalist Health Care Malform Bill.  And while I won’t go into the particulars of that 1900 pages of bureaucratic rubbish today, I must say that, yes, with Pelosi having a chance that the bill could be defeated in the House, she needs every vote she can muster.  So, when the delta is at about ten votes, two votes are important.

But aside from that, there’s one other angle that I’ve not heard the pundits discuss – and one that the Democrats in Washington seem to give very little care – the autonomy of the State and how this past election affects that dynamic.

Consider the Ninth and Tenth Amendments to the Constitution:

IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

X: 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.

The Dems absolutely hate the idea of a federal republic because it takes power from Washington and keeps it in the hands of the individual states or the individual citizens.  The Dems want a stronger central government to control what the states and the people can do, rather than leaving them to govern themselves, as the Founders intended.

There are scores of violations of these two amendments that have allowed for inappropriate growth of government.  Using the federal court system to override the decision of people, such as Prop 8 in California (which was decided properly) and or 1972′s Roe v. Wade decision (improperly overriding Texas law) are clear if we apply the Ninth Amendment properly.  Implementing exorbitant government programs and regulating behavior through these programs violates the Tenth.  And all of these things are issues that should be left to the Several States or the People.

So when Nancy Pelosi gets the word that the Virginia and New Jersey will have GOP governors, she could care less.  Pelosi and her liberal bunch don’t care about the rights of the Several States (unless they are in alignment with the liberal agenda).  Liberals seek to subvert the power of the States in favor of their agenda – using the power of federal government to override the will of the people.

It’s quite interesting to see that when decisions are left to the people, such as recently demonstrated by Maine’s voters over Question One, exercising a People’s Veto (something that I like, BTW), the rights are preserved in the hands of where they should be – with the people, first.

Pelosi doesn’t believe this. 

BTW – Had Virginia and New Jersey’s gubernatorial races gone Democrat, we would have heard from Pelosi and her ilk that this was a clear referendum that the liberal policies are what the people wanted.  But they certainly don’t believe it to be true with GOP wins.  The spin on this one is pretty high for sure.

Written by Rick

November 5, 2009 at 12:26 pm

More States Declare Sovereignty

with 5 comments

It would seem that Texas started something that is resonating in more states throughout the Union.  Turns out that more states now are passing resolutions declaring their sovereignty under the 10th Amendment of the Constitution.  Oklahoma picked up the banner as the second state and over the last week, we’ve seen

In Tennessee on May 4th, the State Senate voted unanimously under Senate Joint Resolution SJR0311, (31-0) to affirm Tennessee’s 10th Amendment claim of state sovereignty. The resolution now goes to the State House for consideration.  Ohio has also just introduced legislation into their House.  Identified as SCR13, the legislation has much of the same wording as the Texas resolution.  And as of Monday, Louisiana became the fourth state to pass resolutions in both of their chambers to affirm 10th Amendment sovereignty.  Like Tennessee, Louisiana lawmakers approved the measure unanimously in both their State Senate and House.

So, overall, six states have popped up on the radar with referenda to declare sovereignty.  What does this mean in the great scheme of things?  Not much yet except a symbolic desire by a handful of states that the federal government has and continues to overstep its authority by exercising powers that should be left to the states, namely, anything that is not enumerated by the Constitution.

But there is also something more here.  If more states begin to sign onto this, perhaps the question of the actual interpretation of what Enumerated Powers as defined in the Constitution means.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. – Amendment IX

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. – Amendment X

1. There are some who believe that the 10th Amendment doesn’t preclude Congress from doing anything that is forbidden by the first eight amendments.  These people are often statist in nature, looking to add more government controls to the current system.

2. The conservative opinion, and the one that, to me, fits the context of history and what is actually written in Amendments 9 and 10, states that if a power is not delegated to the Congress by the constitution, it is reserved to the states or the people themselves.

Rep. John Shadegg (R-AZ) has, since the 104th Congress, introduced the Enumerated Powers Act which is designed to make law the second opinion that I’ve mentioned here, that every act of Congress must underscored as something allowed to it by the Constitution. It’s never been passed, but many of the tenets of the Act have been incorporated into the House Rules.

This one would be very scary for Democrats because they would not, by fiat, be able to do things that they want to do, such as bail out auto companies, spend money on pork projects, or institute a nationalized health care system.  Of course, this Act will never get passed, since it would mean that Congress would have to vote itself a serious limitation to its own powers (sort of like Congress never voting on measures like term limits for members of Congress or payment limitations – all of which would be supported by the Founders in some measure). 

But the Act and states declaring sovereignty does one remarkable thing – it tells Washington that the States believe it is overstepping its bounds of Constitutional authority. If the federal government keeps pushing, there is liable to be more push back.

Let’s hope that happens. Congress needs some wing clipping.

Written by Rick

May 13, 2009 at 2:30 pm

TRC – Don’t Mess With Texas

with one comment

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. – Amendment X, United States Constitution

The tenth amendment says very plainly:

  1. If a power is not explicitly granted to the Federal Government by the Constitution, it is reserved by the States and by the people.
  2. If a power of the Federal Government is prohibited by the States, it is reserved by the States.

The 10th Amendment is a very key amendment because by it, the states make the rules of what goes on in the states, not Washington DC. What it does is it enumerates who actually wears the pants in the US.

For example, take Alaska. Alaska has the Alaskan National Wildlife Reserve (ANWR) and they would love to bolster their economy by drilling for oil up there. But folks 5000 miles away are telling them that they can’t use the resources of their state for their own purpose. There is no provision in the Constitution telling Alaska they can’t drill for oil. If the Alaskan legislature wants to drill, they should be allowed. Washington can go pound sand.

Several states, such as Texas, South Carolina, and others have refused stimulus money because with that money, there are mandates from the Federal Government. Yet the Federal Government is trying to impose its will in saying that these states have to take the money. They do NOT! They can send that money right back to Washington and tell them what to do with their crazy regulations.

Many states have passed laws outlawing or allowing same-sex marriage. This is definitely not covered in the constitution and therefore a decision of the states. If Vermont wants gay marriage, let the voters and the state decide. If Iowa doesn’t want it, they should not be required to recognize it, even if a gay couple from Vermont comes to Iowa.

If the Dakotas want to pass laws outlawing abortion, they should be allowed to do just that. Remember, Roe v. Wade can be challenged when a state decides to answer the question of when life actually begins. (BTW – that was part of the decision back in 1973.)

Folks, we are the *United States*. That means we are a republic (not a democracy) of fifty sovereign states that have joined together to make a nation. We are one country, but we are fifty separate individual states.

We have appointed a federal government to handle matters that occur between states. The founders recognized that there would have to be a strong federal government to regulate interstate commerce, negotiate treaties on behalf of the United States, and raise a military. The Constitution clearly enumerates what the Federal Government is supposed to do. If it’s not enumerated in the constitution, it’s up to the States to decide for themselves.

If the Civil War taught us anything, it taught that states have the right to determine largely what goes on in their own borders. Washington DC has no right to impose its will upon the state.

Yet, ahead of all the Tea Parties that are going to be held tomorrow, protesting all the insane government spending that is going on in Washington, we now get a report from the Department of Homeland Security that warns of all us ‘Right Wing Radicals’ and wraps us up amongst those who would-be white supremacists and religious abortion-clinic bombing whackos, just because we’re getting sick and tired of the federal government sticking its fat nose where it doesn’t belong.

I wonder if DHS will start putting me on a watch list because I dare show that I am a patriot, a lover of the original constitution, and a protector of what the founders created, not what the so-called progressives have perverted.

Anyway, in the below video, Texas Governor Rick Perry has announced his support for HCR 50, a resolution in the Texas legislature does four things:

  1. Affirms Texas’ sovereignty under the Tenth Amendment of the Constitution
  2. Demands the Federal Government cease and desist any activity or mandate that is outside the scope of the constitutionally delegated powers.
  3. All compulsory federal legislation that directs states to comply under the threat of sanction or penalty from the federal government is prohibited and repealed
  4. The resolution be presented to the President Obama, Vice-President Biden, and Speaker Pelosi, as well as to the entire Texas delegation to Congress with instruction to enter it into the Congressional Record.

I’ve never lived in Texas and have only been there a few times. I’m going back in October on business. But the one thing you gotta appreciate is the Texas spirit. And I say with a hearty whoopie:

Don’t Mess With Texas!

Written by Rick

April 14, 2009 at 12:34 pm

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