Assault on the Tenth Amendment
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 Bill of Rights
Perhaps the last bulwark of protection the people have against a
tyrannical federal government is the 10th Amendment. Progressives amongst us
understand this and are doing everything in their power to strip this Tenth
Amendment protection from the States and the People in their pursuit to enlarge
the federal government and enslave the people.
I'm reminded of the grievances written
primarily by Thomas Jefferson and adopted by the Continental Congress on July
4, 1776 brought against King George III of Great Britain in the
Declaration of Independence. What truly amazes me is how
many of those same grievances are violated today by the federal governments
tyrannical sway over State rights.
Consider the following words from
the Declaration of Independence (emphasized) and examples of grievious
- He has refused his Assent to Laws, the most wholesome and
necessary for the public good.
He has forbidden his Governors to pass Laws
of immediate and pressing importance, unless suspended in their operation till
his Assent should be obtained; and when so suspended, he has utterly neglected
to attend to them.
He has endeavoured to prevent the population of these
States; for that purpose obstructing the Laws for Naturalization of Foreigners;
refusing to pass others to encourage their migrations hither, and raising the
conditions of new Appropriations of Lands.
He has obstructed the
Administration of Justice, by refusing his Assent to Laws for establishing
The Federal government has long ignored the out of
control immigration issues, especially along our border with Mexico. They have
refused to uphold existing law and when a state such as Arizona passes their
own laws to control immigration on their border, the Federal government has
done all that it can to suspend and overturn those laws agreed to by the
When the people of California passed laws to make medical
marijuana legal in their state, the Federal Government refused to Assent to
those laws and asserts it's unconstitutional powers to make marijuana
possession a crime.
- He has erected a multitude of New Offices, and sent hither
swarms of Officers to harrass our people, and eat out their
Wannabe tyrannical presidents have created a multitude of
new offices (unelected czars, for example) to do their bidding and enforce
regulations not passed into law. Washington D.C. is overrun with departments,
agencies, and other bureaucrats whose entire mission is to harrass our people
and eat out their substance.
- Consider the IRS and Department of Homeland
Security that do nothing but harrass our people and eat out their substance.
- When offshore banks made bad bets in their investments, the Federal
Government bailed them out using taxpayer money, thus depriving the citizens of
- When the people of New Orleans needed help following
Hurricane Katrina, the Federal Government did little and forbid local
authorities to provide aid.
- While millions of gallons of oil filled the
Gulf of Mexico, the Federal government prevented the states from protecting
their own shores.
- He has combined with others to subject us to a jurisdiction
foreign to our constitution, and unacknowledged by our laws; giving his Assent
to their Acts of pretended Legislation:
- For Quartering large bodies of armed troops among us:
- For cutting off our Trade with all parts of the world:
- For imposing Taxes on us without our Consent:
- For transporting us beyond Seas to be tried for
- For abolishing the free System of English Laws in a
neighbouring Province, establishing therein an Arbitrary government, and
enlarging its Boundaries so as to render it at once an example and fit
instrument for introducing the same absolute rule into these Colonies:
- For taking away our Charters, abolishing our most
valuable Laws, and altering fundamentally the Forms of our
- Our streets, public squares, sporting events, meeting
halls, and political rallies have been regularly invaded by armed Federal
troops in violation of the Posse Comitatus Act to restrict the rights of
citizens. Armed federal troops have been used in natural disasters (Hurricane
Katrina, for example) to confiscate guns and enforce unconstitutional
regulations spewed forth by bureaucrats far removed from the effects of the
- Unconstitutional treaties have been entered in to with foreign
governments (NAFTA and CAFTA, for example) to deprive American citizens of
their unalienable Rights and to send millions of jobs to those foreign
- The Federal government is responsible for imposing all sorts of
taxes (and hidden fees) on its citizens without their consent. And President
Obama is pushing even more of the same in regulations, taxes, and fees with his
takeover of the healthcare system and carbon tax credit scheme.
- It is
alleged that the CIA runs a secret global abduction and internment operation of
suspected terrorists, known as extraordinary rendition, which since
2001 has captured about 3,000 people and transported them around the world for
torture and imprisonment.
- The Federal government has discarded it's
sovereign system of laws as it has subjected its citizens to laws and decrees
of the United Nations.
- He is at this time transporting large Armies of foreign
Mercenaries to compleat the works of death, desolation and tyranny, already
begun with circumstances of Cruelty & perfidy scarcely paralleled in the
most barbarous ages, and totally unworthy the Head of a civilized
On Oct. 1, 2008, the 3rd Infantry Division (United
States)s 1st Brigade Combat Team was assigned to U.S. Northern Command,
marking the first time an active unit had been given a dedicated assignment to
Northern Command. The force will be known for the first year as a CBRNE
Consequence Management Response Force, and will serve as an on-call federal
response force for terrorist attacks and other natural or man-made emergencies
In every stage of these Oppressions We have Petitioned for
Redress in the most humble terms: Our repeated Petitions have been answered
only by repeated injury. A Prince whose character is thus marked by every act
which may define a Tyrant, is unfit to be the ruler of a free people.
How much longer will the American people
tolerate the injustice foisted upon them? Politicians in Washington have
ignored the outcry from the homeland and with each passing day further entrench
their treachery as they continue to dismantle every part of our U.S.
Some may believe the so-called Tea Party Movement has
awakened many people to our Constitutional roots. While that may have been true
in the early days of the Tea Party Movement, today the Tea Party Movement today
has been largely overrun by NeoCon Republicans and are just about as likely to
ignore those portions of the Constitution they don't like.
Take for example the presence of FreeSpeech Zones at Tea Party
rallies where they have restricted the free speech of citizens. Members of We
Are Change from the San Francisco area were kicked out of a Tea Party event
held at the Alameda County Fairgrounds in Pleasanton, California on April 15.
It appears only supporters of the Republican hijacked Tea Party were welcome at
Nikita Kruchev said, "Russia does not have to destroy
America with missles; America will destroy from within." Later, he removed his
boot and banged it on the negotiating table, saying: "WE WILL BURY YOU!"
Indeed, America has today embraced all
10 Planks of Communism and
Kruchev's proclamation is quickly coming to pass.
when a long train of abuses and usurpations, pursuing invariably the same
Object evinces a design to reduce them under absolute Despotism, it is their
right, it is their duty, to throw off such Government, and to provide
new Guards for their future security.
Big Government Expansion
The power delegated to the federal government was significantly
expanded by amendments to the Constitution following the Civil War, and by some
later amendments -- as well as the overall claim of the Civil War, that the
states were legally subject to the final dictates of the federal government.
Since the suppression of this sovereignty, the federal government has
increased greatly in size and influence, both in terms of its influence on
everyday life and relative to the state governments. The Social Security
Program, Medicare, the Welfare Program, the IRS, nationally funded student
loans, and farm subsidies are all examples of the federal government
appropriating power not given it by the Constitution.
Those wanting to
erode the Constitution cite several reasons why this protection needs to be
removed, including the need to regulate businesses and industries that span
state borders, imposition of labor and environmental controls, attempts to
secure civil rights, and the provision of social services.
The Tenth Amendment makes it very clear that all duties and
rights not given to the federal government are reserved to the people and the
States.The Tenth Amendment makes explicit the idea that the federal
government is limited only to the powers granted in the Constitution.
In United States v. Sprague (1931) the Supreme Court noted that
the amendment "added nothing to the [Constitution] as originally ratified." The
Tenth Amendment makes explicit what had before only been implied.
Paul said during the 2008 presidential race, As president, one of my
priorities will be restoring the 10th amendment and federalism. Decisions about
issues like civil unions or right-to-die legislation should be made by the
states, not the federal government. I will stop federal judges from imposing
new definitions on the States. I will also return control over education to
parents and local communities. Decisions about whether or not to fund vouchers,
have merit pay for teachers or extend the school year should be made by parents
and local school boards, not by D.C.-based bureaucrats.
Both the Democrat and Republican political parties have used the
federal government in violation of the 10th Amendment, and both have played a
role in the drift to what departing Supreme Court Justice Sandra Day O'Connor
fears: "Congress will nibble away at state sovereignty, bit by bit, until
someday essentially nothing is left but a gutted shell."
Article 1, Section 8, Clause 3 of the United States Constitution,
known as the Commerce Clause, states that Congress has the power to
regulate commerce with foreign nations, among the states, and with the Indian
tribes. The Commerce Clause is an important source of powers delegated to
Congress, and therefore its interpretation is very important in determining the
scope of Federal power versus state sovereignty.
In 1941 the Supreme
Court upheld the Fair Labor Standards Act which regulated the production of
goods shipped across state lines. And, in Wickard v. Filburn, (1942) the Court
upheld the Agricultural Adjustment Act, which sought to stabilize wide
fluctuations in the market price for wheat by stabilizing supply through
quotas. Congress could now apply national quotes to wheat grown on one's own
land, for one's own consumption, because the total of such local production and
consumption was sufficiently large as to impact the overall goal of stabilizing
Thanks in large part to the Great Depression, world wars, and
Cold War, the powers of the federal government have grown over the last century
into areas clearly accepted as state provinces such as public housing,
gun control, voter registration,
education, and marriage. The result, according to
syndicated columnist George Will, is "a mockery of federalism."
imposition of the Commerce Clause to erode state sovereignty continued
following the passing of the Civil Rights Act of 1964, which aimed to prevent
business from discriminating against black customers. In Heart of Atlanta Motel
v. United States (1964), the Court ruled that Congress could regulate a
business that served mostly interstate travelers; in Katzenbach v. McClung
(1964) the Court ruled that the federal government could regulate Ollie's
Barbecue, which served mostly local clientele but sold food that had previously
moved across state lines; and in Daniel v. Paul (1969), the Court ruled that
the federal government could regulate a recreational facility because three out
of the four items sold at its snack bar were purchased from outside the
The widening interpretation of the Commerce Clause has made way
for many laws which contradict the original intended meaning of the
Constitution. Take for example the War on Drugs
which wouldnt be possible if the federal government obeyed the Tenth
Armed with the Courts so-called doctrine of "New Federalism"
delineated by Gonzales v. Raich (2005), the Court upheld a Federal law
regarding marijuana, finding that although the marijuana in question had been
grown and consumed within a single state, and had never entered Interstate
Commerce, Congress could nonetheless regulate a non-economic good, which is
intrastate, if it does so as part of a complete scheme of legislation designed
to regulate Interstate Commerce.
Supreme Court Justice Clarence Thomas
stated in his dissent to Gonzales v. Raich (2005),
Respondents Diane Monson and Angel Raich use marijuana that has
never been bought or sold, that has never crossed state lines, and that has had
no demonstrable effect on the national market for marijuana. If Congress can
regulate this under the Commerce Clause, then it can regulate virtually
anything and the Federal Government is no longer one of limited and
In the face of an oppressive Federal government, state governments
across the country are introducing Resolutions that asserts the sovereignty of
the state under the Tenth Amendment to the United States Constitution. With the
so-called "stimulus" being signed into law and the inevitable strings that will
come attached to any money that will be flowing to the states as a result of
this disaster of federal overreach, many are saying, "enough is enough," and
telling the feds to stop treating sovereign states like indentured
Nullification is a legal theory that a
U.S. State has the right to nullify, or invalidate, any
federal law which that state has deemed unconstitutional. The theory is based
on a view that the sovereign States formed the Union, and as creators of the
compact hold final authority regarding the limits of the power of the central
government. Under this, the compact theory, the States and not the Federal
Bench are the ultimate interpreters of the extent of the national Government's
War on Terrorism
The War on Drugs pales in comparison to the
War on Terrorism which has
proved an even better excuse for infringing civil rights, as it is even more
taboo to be soft on terrorists than on drug users. Thanks to the events of
September 11, 2001, the U.S. government was handed on a silver platter
its best hope for creating a police state,
without having a foreign adversary as frightening as the Nazis or the
Communists to justify its actions.
The Bush Administration has given us military tribunals, secret
searches, and the Patriot Act.
Although the Posse Comitatus Act (passed on June 16, 1878)
and the Insurrection Act substantially limit the powers of the federal
government to use the military for law enforcement, we have seen this law
increasingly ignored by our government in recent years. The statute generally
prohibits federal military personnel and units of the United States National
Guard under federal authority from acting in a law enforcement capacity within
the United States, except where expressly authorized by the Constitution or
In 2006, Congress passed a bill containing controversial
provisions that granted the President additional rights to use federal or state
National Guard Troops inside the United States in emergency situations. These
changes were included in the John Warner Defense Appropriation Act for Fiscal
Year 2007 (H.R. 5122.ENR). These changes were repealed in their entirety in
2008, except for the provisions of the Presidential signing statement which
retained any powers, the repeal of which, the president may determine to be
On September 30, 2008 the US Army announced that the
3rd Infantry Divisions 1st Brigade Combat Team (BCT) will be under the
day-to-day control of US Army North, the Army service component of Northern
Command (NORTHCOM), as an on-call federal response force for natural or manmade
emergencies and disasters, including terrorist attacks. This marks the first
time an active US Army unit will be given a dedicated assignment to NORTHCOM,
where it is stated they may be "called upon to help with civil unrest and crowd
control or to deal with potentially horrific scenarios such as massive
poisoning and chaos in response to a chemical, biological, radiological,
nuclear or high-yield explosive attack." These soldiers will also learn how to
use non-lethal weapons designed to "subdue unruly or dangerous individuals"
without killing them, and also includes equipment to set up a hasty road block;
spike strips for slowing, stopping or controlling traffic; shields and batons;
and, beanbag bullets.
This also demonstrates the President's full
intentions of utilizing federal troops for missions within the United States,
essentially eliminating any recognition of Posse Comitatus.
Americans are coming dangerously close to having no rights left at
all, except for the few the government spares us. We must turn this around
soon, and with the right destination in mind, or we will wake up one day in a
Control Through the Executive Order
When the Executive branch of the federal government fails to
persuade the Congress or the Courts to do their bidding, presidents have turned
to the Executive Order to accomplish their will.
Birmingham, England, President Clinton signed the order which officially
revoked President Ronald Reagan's EO #12612. Reagan's "Federalism" order
reaffirmed federal government's few, limited and enumerated Constitutional
powers. Clinton's Executive Order (EO) #13083, simply named "Federalism" not
only failed to affirm the limited powers of the executive branch, it
effectively revoked the 10th Amendment and arrogates to the President broad new
powers tantamount to those of a totalitarian dictatorship. The President
declared broad new dictatorial powers over the states for himself and all
federal agencies. Under pressure from the states and Congress, President
Clinton was eventually forced to "suspend" Executive Order (EO) #13083, simply
The order, which eliminates the principles of federalism (shared
power) that have guided the U.S. for more than 200 years, came on the heels of
the President's announcement that he would not spend the last two years in
office as a "lame duck" nor be beholden to a "do-nothing Congress." Rather, he
pledged to issue a flurry of executive orders to further implement his agenda.
Another recently-issued Clinton EO directed the rewriting of all federal
regulations pertaining to race & gender discrimination to include "sexual
orientation" as a covered group. Thus, Clinton has illegally usurped Congress
and taken upon himself authority to dictate the law.
EO #13083 justifies federal action (i.e., intervention) under the
- When the matter to be addressed by Federal action occurs
interstate as opposed to being contained within one State's boundaries.
- When the source of the matter to be addressed occurs in a
State different from the State (or States) where a significant amount of the
- When there is a need for uniform national standards.
- When decentralization increases the costs of government thus
imposing additional burdens on the taxpayer.
- When States have not adequately protected individual rights and
- When States would be reluctant to impose necessary regulations
because of fears that regulated business activity will relocate to other
- When placing regulatory authority at the State or local level
would undermine regulatory goals because high costs or demands for specialized
expertise will effectively place the regulatory matter beyond the resources of
- When the matter relates to Federally owned or managed property
or natural resources, trust obligations, or international obligations.
- When the matter to be regulated significantly or uniquely
affects Indian tribal governments.
Patently unconstitutional, a "Sense of the Senate Resolution,"
authored by Sen. Fred Thompson (R-TN) was attached as an amendment to a piece
of major legislation, S.2260 (the appropriations bill for the Commerce,
Justice, State, and Judiciary Departments). Although not law, a Sense of the
Senate Resolution makes clear what the will of the Senate is on a particular
matter and what kind of laws they may pass if legislation becomes necessary.
The text reads: "Executive Order No. 13083, issued May 14, 1998, shall have no
force and effect," and "Executive Order No. 12612, issued October 26, 1987
[President Reagan's "Federalism" Order], and Executive Order No. 12875, issued
October 26, 1993 [President Clinton's initial reaffirmation of Reagan's Order],
shall be in effect as though Executive Order No. 13083 never took effect."
The White House announced it would postpone implementation of the
President's EO #13083 after representatives of the state governors made a
serious protest. Congressional actions and citizen outcry are credited with
prompting the White House to indefinitely "suspend" the order until new
language is negotiated with the state governors.
Clinton may have pulled back on EO #13083, but the order openly
reveals his will and way of thinking. While grassroots Americans received an
education about Executive Orders, the President has yet another, similar
instrument at his disposal: the Presidential Decision Directive (PDD). Similar
to an Executive Order ,a PDD often deals with issues relating to national
security, is often issued secretly and is re not broadly publicized. You will
be hearing much more about PDDs.
Universal Health Care
The Socialist plans for Universal Health
Care is a violation of two of our fundamental rights as stated in our
Constitution: The Ninth and Tenth Amendments. The right of the people against
an all powerful Federal Government and the right of the people to decide for
themselves what the government is NOT given power over by the
Every plan being proposed requires certain things of every
citizen. One plan requires, mandatory preventative visits to the doctor.
Another requires that proof of health care must be rendered before a citizen
can be hired on a job. Every program requires that all citizens have some form
of health care that is regulated by the government. In addition, each program
places several regulatory requirements on the health care industry itself
which, at least for the moment is still under the private sector.
each of these proposed health care programs we as citizens are being told that
we must relinquish regulatory control of an aspect of our personal life, namely
health care, to the control of the Federal Government. Once government becomes
the health care nanny, government will have even more control over your private
lives and will dictate to you the
appropriate behaviors it considers acceptable.
The Power of the Purse
Where the federal government is limited to using state governments
as an instrumentality of the national government, Congress often seeks to
exercise its powers by offering or encouraging the States to implement national
programs consistent with national minimum standards through its conditioning of
allocation of federal funding where certain state laws do not conform to
federal guidelines. In this way, the federal government implements programs or
regulates, rather than to implement the program directly.
government determines such "local" issues as the speed limit on state highways.
It does not claim the power to set speed limits within states; it merely tells
the states that, if they want federal funds for highway construction and
maintenance, they need to post federally approved speed limits.
example of federal control of local education is when federal educational funds
may not be accepted without implementation of special education programs in
compliance with IDEA.
© Copyright 2000-2009 Jeremiah Project