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Let’s use the Tenth Amendment

We are distressed by the federal government’s overreach and disregard for the Constitution. But what is the solution?

Amending the Constitution is fraught with pitfalls.  And, if Congress won’t abide by
the Constitution we have now, why think they would respect an altered one?

10th AmendmentBut we have the solution – the Tenth Amendment – state nullification.  This is based on enforcing the Constitution, which dictates that the federal government may exercise only those powers that were delegated to it. The 10th Amendment states: “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.” Thus, nullification recognizes each state’s ability to nullify, or invalidate, unconstitutional federal measures.

Nullification is founded on the fact that the sovereign states formed the union, and as creators of the contract, they have the ultimate authority to enforce the constitutional limits of the power of the federal government. It is based on upholding the Constitution and the founding principles of the Republic; it can be implemented by individual states, without having to first get other states on board.

There are those who say that nullification is unconstitutional – that the so-called Supremacy Clause dictates that federal laws trump state laws, but the Supremacy Clause does not say that all laws passed by the federal government are the supreme law of the land.  It declares the “laws of the United States made in pursuance of” (in accordance with) the Constitution are the supreme law of the land.  In pursuance thereof, not in violation thereof.

None of the provisions of Obama­Care, for example, are permissible under the enumerated powers given to Congress in the Constitution. If states would utilize the Tenth Amendment, in a matter of a few weeks, they could make null and void ObamaCare, gun controls, government snooping into our personal lives, et al.   All it would take would be for the state legislature to pass such a bill and the governor to sign it.

Let’s use the Tenth Amendment.

Sue Long                                                                                                                                                                          North, VA

Comments

comments

2 Responses to Let’s use the Tenth Amendment

  1. Matthew Groves Reply

    June 2, 2014 at 4:40 pm

    Hi Sue,

    Recently I read your piece and I think that your heart is in the right place but I think that the practicality of nullification is going to be harder than you think…

    The biggest question that I have is where are you going to find a federal judge to nullify anything? And then where are you going to find someone to uphold the ruling?

    By citing the 10th amendment it automatically makes the issue an issue under the Federal Court system. Do you not think that the left would file a lawsuit under in Federal Court the second that the governor of any state signed it? Then what?

    The Federal Courts for years have been a part of building what we have today…. why would they just change direction because Virginia passes a law that says we nullify Obamacare?

    Plus on the practicality part, how are you going to enforce it? Are you going to make it illegal for the Federal bureaucracy to operate in Virginia?

    We both know that in part, the 9th and 10th amendments were used as grounds before the Civil War in various ways… Is that what you are proposing here? That we should go to War to enforce nullification? Because as I understand the options through nullification, there are only two: Decisions through the court and War. I will not be apart of either.

    Might I suggest a different solution… Article 5. In this way, we gather representatives from each State and send them to a convention with a SPECIFIC purpose; To pass additional amendments that have been drafted in advance. Amendments that will address the needs of the States and the People. Amendments that have been discussed and vetted by the People. If a representative does not follow through with the charter that they are operating under, then the charter is revoked as per the law that sent them there in the first place.

    The Article 5 process isnt dangerous… what is dangerous is allowing this government to operate in an unconstitutional manor! Nullification is what the left has been doing to us for years. We need Articles that are specific in meaning and that address the lawless nature of the government. That way when we go before these Federal Courts and file grievance, the Law is on our side and its not left to some appointed judge to review.

    The Article 5 process is the only way out. Nullification only will lead us to dead ends and fighting among ourselves. I hope that you would look again at the work that is being done under Article 5 and see if those Amendments don’t curtail the parts of the government that need to be changed.

    Thank you in advance,

    Matthew Groves

  2. Kenneth Reply

    May 28, 2014 at 10:56 am

    Over reach of the Federal Government has been going on for the last 100 years, just look at the expansion of the Federal Gov’t Departments that duplicate states efforts/responsibilities. First one that comes to mind is the Department of Education which interferes with states providing Education. “Race to the top”, pits states against each other for Federal dollars, imposing Federal Standards against states standards, which again violates the 10th Amendment. Comply or no Federal Dollars, which of course are Taxpayer dollars paid by individuals from all states. This of course is only one example, there are many more.
    It is almost like we need to wipe the slate clean and start back at the beginning, clearing out excessive Federal Regulations that defile the Constitution and the amendments (Bill of rights).

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