Holder Declares War On State’s Rights

Western Journalism

The Department of Justice thinks it can “order” Florida to stop removing illegal non-citizens from her voter registration rolls. The Sunshine State announced it will ignore the “order.”  Let’s see Barack Obama and Eric Holder back it up.

The fight over States’ rights versus the strength of an all powerful central government has been set in motion; the fuse is lit.

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The States Trump Obama

Great American Journal

Memo to the New York Times Editorial Board:

The 10th Amendment to the U.S. Constitutions 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 a recent editorial, titled “The Constitution Trumps Arizona,” the Times proclaimed that, “The Obama administration has not always been completely clear about its immigration agenda, but it was forthright… when it challenged the pernicious Arizona law that allows the police to question the immigration status of people they detain for local violations. Only the federal government can set or enforce immigration policy… and ‘Arizona has crossed this constitutional line.’ ”

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The Revolt of the States

Canada Free Press

President Obama, his weird circle of advisors (czars), and the ideologues within the Democrat Party led by Speaker Nancy Pelosi and Majority Leader Harry Reid only have a few months left to completely destroy the separation of powers between the States and the federal government.

A major battle is looming over the Tenth Amendment which declares that “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.”

Almost everywhere one looks today, the States are in rebellion to the overreaching of the federal government. The process involved is called nullification, a legal theory that a U.S. State has the right to nullify, i.e., invalidate, any federal law deemed unconstitutional. Since the Supreme Court moves at a glacial pace, the States through their legislatures have taken the lead in many cases.

Nullification is not secession as in the case of the Civil War, but there is a history of nullification that includes the Kentucky and Virginia Resolutions against the Alien and Sedition Acts. Thomas Jefferson and James Madison both argued that the States are the ultimate interpreters of the Constitution, arguing that the States could “interpose” themselves to protect their citizens from unconstitutional national laws.

Much of the discord in the nation today has its roots in the vital difference between a conservative attachment to traditional values and a liberal ideology that would impose a One World Government on our sovereign nation.

The great philosopher of American conservatism, Russell Kirk, wrote “True conservatism is the antithesis of ideology. It is the negation of ideology. For conservative is grounded in the past. Its principles are derived from the Constitution, experience, history, tradition, custom, and the wisdom of those who have gone before us—‘the best that has been thought and said.’ It does not purport to know the future. It is about preserving the true, the good, the beautiful. Conservatism views all ideologies with skepticism, and the more zealous and fanatic with hostility.”

A case in point is the way that State after State has lined up to oppose through the courts and by individual legal action the imposition of the president’s healthcare legislation, passed on strict party lines by the Democrat Party and only after the most vile revelations of bribery and backroom deals. It is a bill whose content Speaker Pelosi said Americans should supinely consider only after it was passed.

There has been a rapidly growing awareness and rejection of the assertion that the federal government can “own” General Motors or that the government should be in the business of buying and selling mortgages.

Pending financial reform legislation would permit the federal take over any company to install its own board of directors and thus control the economy. The failure to exercise existing regulation of the financial sector hardly calls for more regulation. It calls for stronger enforcement of existing laws.

The increasing awareness and rejection of the false “theory of global warming” is being rejected on the basis of the widely perceived cooling of the earth during this decade and the wild projections of warming 25, 50, a hundred or more years into the unknown future. More and more Americans now know it is based on feeble and deliberately false “computer models”.

That is why the Cap-and-Trade bill, a huge tax on energy use, awaiting action in the Senate, even if imposed in the same fashion as the healthcare bill, will be rejected by the States. There is no need to regulate carbon dioxide, a natural gas that has nothing to do with “warming”, but a rogue government agency, the Environmental Protection Agency, is set to assert this falsehood through massive regulation that will destroy the nation’s economic base.

With increasing pace, the States are demanding that the Second Amendment protecting the right to own and bear arms be respected and asserting their right to pass laws permitting gun ownership, including the right to carry concealed arms for self defense. States that have enacted such laws have seen a dramatic decrease in crime.

The assertion of unconstitutional federal powers lies at the heart of the State’s rejection of these efforts. Unfunded federal mandates are bankrupting the States and they want an end to them. The rapacious taking of State lands is crippling theirs and the nation’s ability to access our natural resources.

A growing spectrum of federal laws intruding upon the sovereignty of individual States is being challenged and this is a good thing. We should all take heart from these challenges as well as the spontaneous occurrence of the Tea Party movement that is a dramatic demonstration that the spirit of individual liberty and of States rights is alive and well in America.

A new generation of Americans is learning that the Constitution was designed to ensure a small and limited federal government and that the States, like the Union, are individual republics.

The battle has been joined.

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Is there a Legal Challenge?

I received an e-mail from a fellow Patriot and thought it was worth posting. Please read the following.                                  1Dragon

As far as legal challenges go, how about the 9th & 10th Amendments!!!

9th Amendment- “The enumeration in the Constitution, of certain rights, shall NOT be construed to deny or disparage others retained by the people.” When the Bill of Rights was first proposed, the major argument against it was that by specifying some rights that the government was not free to violate, there would be the implication that the government was free to violate any rights not specifically protected in the Constitution. The Ninth Amendment was written to address this concern.

10th 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.” British oppression had made the Founding Fathers fearful of UNCHECKED CENTRALIZED POWER. The Tenth Amendment was enacted to LIMIT federal power. NOWHERE in the federal Constitution is Congress given authority to regulate local matters concerning the health, safety, and morality of state residents. The states ratified the Constitution because the Articles of Confederation created a national government that was too weak to defend itself and could not raise or collect revenue. Although the federal Constitution created a much stronger centralized government, the Founding Fathers did NOT want the states to lose all of their power to the federal government, as the 13 colonies had lost their powers to English Parliament.

Or how about the original reason we broke away from England? TAXATION WITHOUT REPRESENTATION!!! With deals like the “Corn-husker Kickback” to Nebraska and the new “Louisiana Purchase” ( over a BILLION dollars in BRIBES – excuse me “kickbacks” – to these two states alone! ) What about the 5 states- whose politicians were bribed with getting to KEEP MEDICAID and MEDICARE, even AFTER the healthcare bill goes into effect??? YOUR tax dollars are going to pay for a program that you WILL NOT HAVE, unless live in one of these ‘sell out’ states.

And if the bill goes through, the IRS can get you for even more $$$! If you ignore the new healthcare reform mandate and don’t get health insurance, you’ll have to pay a tax penalty to the federal government, beginning in 2014. This fine starts out small, but by the time it is fully phased in, in 2016, it is substantial. An insurance-less person would have to pony up whichever is GREATER: $695 for each uninsured family member, up to a maximum of $2,085; or 2.5 % of your TOTAL household income. THAT’S ON TOP OF ALL THE TAXES YOU’RE ALREADY PAYING NOW!!!

Sorry, just 3 more things and I’ll get off my ‘soapbox’.

“A government that is big enough to give you everything you want, is big enough to take everything you have.” ~Thomas Jefferson

“I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power, than by violent and sudden usurpations.” ~ James Madison

“If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”~Samuel Adams

It is YOUR country, NOT just the politicians. Read YOUR Constitution and KNOW YOUR RIGHTS!!!

” Government of the people, by the people, for the people, shall not perish from the Earth.”~Abraham Lincoln

50 Governments Within a Government – Freedom’s Safety Valve

Canada Free Press

By Ron Ewart  Wednesday, March 17, 2010

10th 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.”

You “gotta” love the framers of this great nation.  Using 5,000 years of civilized history and knowing how rulers of men can morph into tyrants so easily, they crafted a blueprint for freedom that so far has stood longer than most countries who colored the pages of history with liberty.

The Roman attempts at civilized rule went from the Roman Kingdom, to the Roman Republic, to finally the Roman Empire and then collapse.  Its history was well documented and was a prime example of the evolution of a culture that could not withstand the ravages of human temptation, greed, avarice, arrogance, lust, insanity and the all consuming desire for absolute power.

Our Founding Fathers, flawed though they might have been, had many historical examples of civilizations that experimented with individual liberty and “certain, natural, unalienable rights”, that were determined to be a gift from God, not from men.  As they labored over the U. S. Constitution using the 13 colonies’ Articles of Confederation and the Declaration of Independence as their core principles, they set about to draft a document that would put specific enumerated limits and separation of powers on those holding federal power and granted all other rights to the states and the people.  Never in all of the civilized history of man, had such a document ever been written with these multiple safeguards against government tyranny.

Still, even with all these safeguards, central control and power began to manifest itself by men who refused to honor their solemn oath to preserve, protect and defend the Constitution of the United States, so help them God.  The bonds of the Constitution began to unravel, even as far back as the middle 18 hundreds, as these dishonorable men took it upon themselves to “alter” that sacred document of freedom, and alter it they did in so many devious ways.  But the major damage occurred in the 20th Century under the corrupt Presidents of Wilson, Hoover, FDR, Johnson, Carter and continuing in the 21st Century under Obama.  Obama is on the way of taking the constitution apart altogether.

With what is happening in America today, as we get closer and closer to an Absolute Democrat Monarchy and one-party rule, many might think that all is lost and there is no hope of recovery from this overt and covert assault on freedom by those who have succumbed to human “temptation, greed, avarice, arrogance, lust, insanity and the all consuming desire for absolute power.”  Not so, we say.

Remember the 10th 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.”

America is a country of 50 governments within one government and the 50 governments have 10th Amendment power, under the Constitution.  That 10th Amendment power is much more powerful than limited Federal Power, because the 50 governments can tell the one Federal Government to go to Hell, by evoking 10th Amendment powers.  Many are already doing so.  Several states have evoked 10th Amendment powers to preserve the 2nd Amendment within their respective states.  Some are saying that the people in their states are not subject to ObamaCare, if it passes.  This is happening in spite of the fact that many state capitols have become just as liberal, progressive and left leaning, as has Washington DC.

Even if the states do not have the will to override federal power, there is always the last line of defense, the American people themselves, those who still believe in individual liberty and freedom and are willing to defend them.  It may come to that, but this author is confident that the resistance at the state level will rise in opposition to over-reaching federal power and will, in the end, tell the out-of-control, arrogant and narcissistic inmates in Washington DC, in no uncertain terms, that the states and the American people are in control of the asylum, not the inmates in Washington DC, who are devoid of honor.

In no way are we saying that freedom-loving Americans can sit back and rest on the states doing their duty under the 10th Amendment.  We must put over-whelming pressure on the state capitols to “nudge” them in the right direction and if “nudging” doesn’t work, we shall then be forced to “push” them in the right direction.

But the people have 10th Amendment power as well.  So the alternative may be, we will be forced to do it ourselves without the states.  We may be faced with having to maintain our freedom and liberty with pitch forks and possibly even guns.  However, if we the people let it come to that, when there are peaceful alternatives, we are the ones who are negligent in our duty to preserve freedom, not the states or the Federal Government and we shall deserve the consequences of that negligence.

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SC Senate affirms state’s rights, says ‘no’ to health care reforms

GoUpstate.com

COLUMBIA – Memo to Congress: South Carolina affirms its sovereignty under the 9th and 10th amendments to the U.S. Constitution.

Ditto for the Second and 14th amendments.

And when it comes to the proposed federal health care reform, thanks, but no thanks.

That’s the message the state Senate delivered on Tuesday, bringing an end to a fight that began last February. The brawl ended with a 31-11 vote – with all of the votes in opposition coming from Democrats.

Sen. Glenn Reese, D-Boiling Springs, broke rank and voted for the measure.

The resolution does not carry the weight of law, but informs Congress of the state’s position.

Sen. Lee Bright, R-Roebuck, one of the original sponsors of the resolution when it included only the 10th amendment, said he was glad to be finished with the protracted battle.

“If at first you don’t secede, try again,” Bright said with a laugh.

Bright said he was pleased with the final product.

“I think all of our rights are under assault, but assault on the 9th and 10th amendments is the most egregious,” he said.

In addition to affirming South Carolina’s Second-, 9th- and 10th-amendment rights, the measure also targets federal health care legislation by saying state residents are not subject to any law that:

— Interferes with the right of a person to choose their health care provider.

— Restricts a person’s freedom to choose a private health care system or plan.

— Interferes with a person’s or an entity’s right to pay directly for medical services

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TEXAS GOVERNOR RICK PERRY SEEKS OUT FELLOW ALABAMA GOVERNOR BOB RILEY TO JOIN IN CAUSE TO SECURE INTEGRITY TO STATES 10TH AMENDMENT SOVEREIGNTY

The Post & E-Mail

News & Analysis by Doug Cook

State Seal of Texas

(Dec. 27, 2009) — Transgressions of Constitutional law by both Democratic controlled Houses of the U.S. Congress, under orders from the White House, specifically health care reform and the relation to the 1oth Amendment.

LONE-STAR-STATE GRIT

In an impassioned letter discussing financial ramifications and legality of the Health Care Reform Bill and its encroachment upon 10th Amendment sovereignty (as defined by the highest law of the United States), Texas Governor Perry sent a letter to Alabama Governor Bob Riley. Writing of the financial and social burden Obamacare would place illegally and unduly on states, Governor Perry in essence stated:

As the chief executive officers of our individual sovereign states, we must stand up to this unprecedented intrusion into our lives and the rights of our citizens. We must demonstrate resolve in the face of this infringement.

POLITICIAN TO POLITICIAN

The letter is brief with its points made in clear terms. In concerns expressed by Gov. Perry, he starts out his missive to Gov. Riley stating that the financial burdens their states and citizens face by passage of the Democratic health care bill, (para phrasing Gov. Perry again):

it appears the federal health care bill will be pushed through the US Senate and passed into law. This legislation will likely result in higher health care costs and a reduced quality of care for all American families, as well as major budgetary hardships for all states except a few.

Perry goes on to point out the politics involved in passage of the bill that have raised the outrage of people across the country:

in the effort to pull together enough votes in support of this bill, Majority Leader Harry Reid made a deal to secure the vote of Nebraska Senator Ben Nelson.

As a result, Nebraskans will be exempt from increased Medicaid costs from this bill’s passage.

taxpayers in Texas and in your state will be paying even more to subsidize expanded Medicaid for Nebraska and a few other states…

In light of the current state of affairs of DC politicians in the Democratic Party and its agenda of socializing every aspect of free enterprise and disinvestment of constitutional rights of the people and states, Perry ends his letter with these thoughts:

Texas Attorney General Greg Abbot is joining with several other states Attorneys General to place this deal under proper scrutiny and determine if such an exclusion-(Sen. Nelson’s deal with Sen. Reid)- is unconstitutional.

This health care bill and its unfunded mandates are unhealthy to taxpayers, our economy and our democracy. I urge you to support,(and join), the efforts of these Attorneys General and ask your own to join it, and work with me in ongoing efforts to assert the constitutional rights of states, as guaranteed under the 10th Amendment, to turn back the “one-size-fits-all” health care bill being forced through by congress.

For a full read: Gov. Perry’s letter

A growing number of states are considering actions. If effective, it could be the demise of Obamacare; for in the offing is the prospect of litigation that holds up ratification by the advent of the 2010 elections. Elections that portend a paradigm in how the electorate votes; Democrats are very conscience of the payback coming down the pike. This has the ideal benefit of avoiding legislation locked in stone; Sen. Reid’s unscrupulous attachments that secure this legislation from Amendment or removal for eternity.

ANALYSIS OF EFFECTIVE STATES’ LEADERSHIP, OR “WILL CONDUCTING BUSINESS AS USUAL CARRY THE DAY?”

While these efforts and discussion of people’s and states’ rights are encouraging, they still fall far short of addressing the root cause of the assault on the US constitution and Bill of Rights. Likely these efforts will be self serving to the financial needs of these states, if the litigation even takes place, or if so tied up for years in courts. Not to mention the further delay in justice gained and the further monetary burden of years of court actions.

There is hope that the issue of unconstitutionality of a federal health care bill, heard by a “polarized-progressive-left-orientated” federal court system, won’t go the way of Obama’s constitutional eligibility as POTUS, Acorn, the Black Panthers and voting fraud.

These States Governors may have good intentions, one wonders if in light of the lack of any effective conservative leadership they have the intestinal fortitude and vision to do what it takes.

Or, is it a case of leaden footed leadership. The importance of taking direct, effective and timely action by our states’ officials to protect and preserve sovereignty and republican government cannot be stressed enough. Pussy-footing around with niceties of fair-play legalities is to be far behind the curve of effective means to disrupting the destruction by a Marxist agenda of  Democratic lapdogs, and Obama’s vision of a fundamentally transformed “Amerika.”

Make no mistake, Obamacare is the bell weather of what is viewed as a corrupt and morally bankrupt elective government. Most likely history will show, as it did 234 years ago, that it will come down to the people to provide the effective actions and leadership to protect and assure our sovereign home.