20 April 2010

The 10th Amendment Center

What is that you say? You don't know about the 10th Amendment? That's fine good reader, it's not a topic that's oft discussed. Sure, we all remember that there are twenty-something amendments to our Constitution. Some of the more famous ones are the 1st (freedom of speech), 2nd (self-defense), 4th (privacy). What you may not recall, if you're under 50, is the 10th amendment (states' rights).  To quote:

"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."
You see that. Anything not explicitly expressed in the Constitution is left to the states or the people. That means, that authority is left to the people or the states to decide what they want to do. So...I don't see health care or education in the Constitution, therefore they are up to the States or the people to decide how they want to implement (or not) any laws. Further, jurisprudence states that any unconstitutional laws passed are void from the date of passing, not when a court decides. From American Jurisprudence via Wiki:

The legal encyclopedia American Jurisprudence says the following in regard to constitutionality:
The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed ... An unconstitutional law is void. (16 Am. Jur. 2d, Sec. 178)
We have forgotten as a people what we are capable of. The concept of nullification and true liberty and tolerance has been lost but we are beginning to remember. The good folks at The Tenth Amendment Center and further the Florida chapter are helping remind us that we have the power, not the out-of-control politicians in Washington, we just have to exercise it.

Recently, Michael Boldin of The Tenth Amendment Center gave a speech about nulification. If you have time, give it once over.



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