Thursday, January 13, 2011

The Power of the Tenth

2011 has now arrived. Many American`s, having no job and losing hope daily, still found a way to smile and ring in the new year. Now that all the cheap wine has been drank and merry making is over we are still left with the question; How to we take our nation back? So many people are left scratching their heads as to what to do. For many liberty lovers it seems everything attempted to restore liberty to Americans ends in failure. The big knock out blow to government tyranny seems to be unattainable. Maybe it is time to bring out the secret weapon. The one thing which always scares the scum bags running the Federal government is of course the tenth amendment of the US Constitution.

The Tenth Amendment 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 short the tenth amendment states that any power not granted to the Federal government,by the US Constitution, is a power of a state or the people directly.

The tenth amendment is often dismissed as simply overstating the already clearly defined relationship between the Federal and State governments. It is also seen as something not to be invoked due to the fact that the tenth was used by the Southern States as a way to justify seceding from the Union during the civil war. The latter point is used by many to dismiss anyone invoking the tenth as grounds to claim the Federal government has overstepped its bounds. Yet, these `talking points` commonly used to marginalize the tenth fail to take from it the power to keep the Federal government in check. Just because it is hard to invoked the tenth successfully, does not mean to cannot be done.

How can the tenth be used to get the Federal government under control? This is a question which gets asked often. Well, there are many things which the Federal government does these days which can be challenged by invoking the tenth amendment. The most effective way to use the tenth is in situations in which the Federal government makes agreements or treaties without making the same agreements or treaties with the states. This becomes very important when you consider all the various treaties the Federal government makes with the UN; just as an example.

Lets take the UN gun ban (which you can read a bit about here) that is slowly coming to realization in the chambers of the UN. This planned treaty would start the process of banning private gun ownership by the central governments of all member nations. Under certain conditions, the Congress could actually ratify this and the Supreme Court could give them a legal pass. Yet, this does not mean that the local state government would be powerless to stop such a clear attack on personal liberty and national sovereignty. The tenth amendment would have to be used by the state governments to block Federal authority.

Some might argue that since the Senate represents, in theory, the states then by the Senate ratifying such a treaty than an agreement will have been reached with the states. This is not true. The Senate is part of the Federal government and makes laws within the power of the Federal government; not the actual states themselves. A national gun ban would be completely out of line with the US constitution; even if the supreme court fails to make a ruling throwing out such a ban. At that point the tenth amendment would come into play. The states would invoked the tenth under the grounds that the only agreement the states have made with the Federal government, concerning the people`s right the hold arms, is the second amendment. The states would reserve the power to regulate fire arms sales and ownership since the Federal government does not have such power from within each state. So the Federal government could sign a UN treaty to ban fire arms but it would only apply on Federal property or outside of a union state(which is all states).

Now this may be a bit of a extreme example, based on something actually happening in UN chambers, but it does outline how the tenth can be used to keep the Federal government in check. Keep in mind the Federal government often abuses the ethos of common law to get around the tenth. This is why it can be hard to invoke the tenth amendment successfully. When attempting to use the tenth amendment a lot of research must be undertaken to ensure the Federal government does not use end-around tactics in common law to dismiss a tenth amendment argument.

For an extra case study in using the tenth amendment on a personal level to protect yourself from Federal intrusion read this.             


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