“If the federal government has the exclusive right to judge the extent of its own powers, warned the Kentucky and Virginia resolutions’ authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power.”
~ Thomas E. Woods
The 10th Amendment Movement is an effort to push back against unconstitutional federal laws and regulations on a state level. The principle is known as “nullification,” and was advised by many prominent founders.
Current Nullification Efforts:10th Amendment Resolutions Firearms Freedom Act Medical Marijuana Laws REAL ID Health Care Bring the Guard Home Constitutional Tender
Potential Future Efforts:Sheriff’s First Patriot Act Cap and Trade Federal Tax Escrow No Child Left Behind
History of Nullification: While the media generally portrays nullification as being solely aligned with the efforts of the nullifiers of the South and the Civil War, this is certainly false, and reeks of misinformation. Nullification has a long history in the American tradition and has been invoked in support of free speech, in opposition to war and fugitive slave laws, and more. Read more on this history here.
10th Amendment Resolutions
These non-binding resolutions, often called “state sovereignty resolutions” do no carry the force of law. Instead, they are intended to be a statement of the legislature of the state. They play an important role, however. If you owned an apartment building and had a tenant not paying rent, you wouldn’t show up with an empty truck to kick them out without first serving notice. That’s how we view these Resolutions – as serving “notice and demand” to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.” Follow-up, of course, is a must.
Firearms Freedom Act
Originally introduced and passed in Montana, the FFA declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the “commerce clause,” with firearms as the object. (source, FirearmsFreedomAct.com)
Medical Marijuana Laws
An honest reading of the Constitution with an original understanding of the Founders and Ratifiers makes it quite clear that the federal government has no constitutional authority to override state laws on marijuana. All three branches of the federal government, however, have interpreted (and re-interpreted) the commerce clause of the Constitution to authorize them to engage in this activity, even though there’s supposedly no “legal” commerce in the plant. At best, these arguments are dubious; at worst an intentional attack on the Constitution and your liberty.
December 22, 2009Copyright © 2009 Tenth Amendment Center