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Groundbreaking US Supreme Court Decision on the Tenth and Ninth Amendment

Saturday, June 18, 2011 18:40
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(Before It's News)

  • Ninth Amendment – Protection of rights not specifically enumerated in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.

Goldwater Institute

6.17.11

Yesterday the U.S. Supreme Court issued one of the best and most important decisions ever on federalism.  The Court unanimously held that not just states but individuals have standing to challenge federal laws as violations of state sovereignty under the 10th Amendment. This decision is as radical in the direction of liberty as the New Deal was radical in the direction of socialism. Click here to read the decision.

In short, freedom advocates like us just got a green light from the USSC to bring more cases under the 10th Amendment. This will have huge—positive—implications for freedom so long as the current constitution of the court holds.

 

Here is our favorite passage:  “Federalism secures the freedom of the individual. It allows States to respond, through the enactment of positive law, to the initiative of those who seek a voice in shaping the destiny of their own times without having to rely solely upon the political processes that control a remote central power.” We will put this precedent to work immediately when we file our opening brief in the Obamacare lawsuit Monday, and also in our defense of Save Our Secret Ballot against the NLRB challenge, and many more cases to come.

 

One other important note:  Sometimes little cases make big constitutional law. This case involved a woman who was prosecuted under federal law for harassing her husband’s girlfriend—not the set of facts ordinarily creating an important precedent. Some of our cases, too, are seemingly “little” but with big principles at stake.

 

Freedom is making strides in the courtroom, and we’ll do our best to keep that momentum going. Thank you for your support that makes it possible.
_________________________________________

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Total 25 comments
  • Anonymous

    bringing cases and getting results are two different things, how many lawsuits were filed against Clinton after okla city, how many got results.

  • turfangel

    it is a smokescreen-every one of them in the supreme court is owned by the people who have the dirt on them-the elite satanists/Mossad who own america. They want you to have false hope-to catch you off guard, and to get you to demand freedom so they can arrest you for it. Demanding freedom will be considered terrorism soon, the Rothschild/rockefeller-agents of satan on earth are about to back a revolution-designed t create a fake (violent & bloody) revolution race war-one that will happen while they sneak in and steal all of america’s gold-and everyone’s money/wealth held in their banks, just like they will do in europe and just as they have done in the middle east.

  • Anonymous

    Finally some good news. Of course its a big money decision, but it is buying the time to get things stable enough for the economic growth we have all been loathing and waiting for.

  • Brenda Battle Jordan

    Thank you for sharing..Groundbreaking US Supreme Court Decision on the Tenth and Ninth Amendment, Ken and Brenda Battle Jordan.

  • Anonymous

    Anonymous: your Swastika is showing! Oh, and it’s time to remove your sheets from the dryer. We also understand your checks to Al Queda have been received.

  • Anonymous

    OK, how about a class action suit against the Government on TSA molestations at airports for starters…since Texas has no balls.

  • Azriel

    Let the nazis rant, they will lose by the very virtue of their hatred that most people do not buy excepting the islamists. But even then the islamists, who after using the nazis for their purpose will kill them off too. But what this does give the green light to, if the lower courts do not uphold the supreme court decision, that opens the door to full scale revolution just as it is happening in many countries. If indeed we are under rule by law and the laws are to be backed by the constitution and they make laws that violate the constitution, then according to the constitution we who are allowed to maintain a well armed militia, are constitutionally obligated to over throw the illegal unconstitutional government. This is not just our right, but our responsibility if indeed one is a true patriotic american.

  • Anonymous

    I found this yesterday, and if I am understanding what I read above, then this is what they are really up to. It may be longer then this article, but you will not be disappointed after reading it. I highlighted the points I am getting at by using (( )). James

    http://ppjg.wordpress.com/2011/06/17/hostile-takeover-subjecting-the-us-to-un-control/

    While claiming they want world peace and disarmament, those in our “government” have, for decades of course, worked to make sure there was a war going on somewhere. After all, what good is a military war machine based economy if you aren’t blowing up another country and killing off a fair number of their indigenous citizens? There is money to be made from dropping those bombs, and, then we get to steal the assets of the country we obliterated and sell them off to our best global corporate buddies.
    Behind all of the phony peace talks, so-called peace treaty’s and other false geo-political machinations which appear to be never ending, is the intent not only to create fictionalized reasons to mount wars of aggression, but also to move us into position for the convening of a constitutional convention (Con-Con). And, as these so-called peace talks go on endlessly, we mount one illegal act of war after another against every country that has refused to capitulate to world banking cartels, global corporations, and the United Nations. The only way we will ever have peace is if these things are obliterated from the face of the earth.

    ((If the president and or congress can create enough federal unconstitutional interference to anger the states causing them to file suit against the fed, a convention could be convened. The purpose of this convention could end, finally, the United States as a sovereign nation subjecting it totally to United Nations rule and subverting our national laws and control.)) As of this date, 35 states have filed suit against the federal government over encroachment on states rights and the creation of undue burdens on the states for the benefit of increasing federal power and control. Only 38 states are required to convene a convention.

    We are in dangerous territory.

    Something I believe is indicative of a staged Con-Con is the fact that at least some of the suits now counted towards the needed 38 are in fact, suits that were filed decades ago, some as far back as the 70’s.

    Why we should fear a Con-Con

    While many of us cheer the idea of a Con-Con, we should be cautious. We assume, maybe naively, that such a convention would be used to control and repeal the growth of the federal government and its constant efforts to force the states into subjugation to the United Nations, illegal trade agreements, harmonization agreements, international laws, and the steady flow of laws which are not within the power of the federal government. While I would be ever so grateful if a smack down of the fed was in fact the case, the result could be something far worse.

    ((I am of the opinion that the majority of unconstitutional laws having been passed in the last fifteen years have been the result of a concerted effort to maneuver the states into position to call for a Con-Con. I believe that every effort has been made to intentionally exceed the enumerated powers of the federal government in order to create the climate necessary for a convention. If this should happen, it will be made to appear that it was a result of state’s rights and the will of the people. The truth will be to facilitate a new global constitution most likely constructed and laying in wait in the United Nations.))

    What we need to consider carefully is the history of the federal government whether Republican or Democrat controlled, most of which is a litany of egregious assaults on the states and their citizens. Little of what has issued from the District of Criminals is lawful or constitutional and most of what has come from this den of vipers is an overt attack on the constitution and civil liberties. I cannot conceive that these corporate hiney huggers will give up their control without a fight and no lie will be too big, no deception too large in order for them to retain their position and power.

    My fear is that given the opportunity to convene a Con-Con, only those who are on board with the UN Agenda 21 and the intent to substitute a globalist constitution to replace our national documents will be allowed to attend. I believe that control agents would be included in the delegates to the Convention, and these individuals would actually write any amendments and those would most likely be detrimental, broadly and vaguely written to accommodate the transition to the United Nations as the central global government.

    Under control of the United Nations

    No one hates us more for our freedoms than our own governing elite and other global corporations. Our Constitution, although seldom honored these days, still represents a major stumbling block in the efforts to create a world government seat in the United Nations. While the written statements and agenda’s of the UN read like a humanitarian dream the reality is that in the end there is an intention to not only control every human being on earth, including what they eat, if and how much water they have and whether they live or die, but to divest anyone except the elites from property ownership. This is why so many nations are kept in abject poverty, deliberately. Hungry people are far more willing to comply.

    We have already been subjected to the transitional phases of total United Nations control. Under George W. Bush, Donald Rumsfeld began closing strategic bases in the USjust prior to and also during the illegal war with Iraq. Our 5th Army Division is now under the UN and wears their emblem on a shoulder patch, as the UN military is constructed as per the statements of intent listed in “Freedom from War” subtitled: THE UNITED STATES PROGRAM FOR GENERAL AND COMPLETE DISARMAMENT IN A PEACEFUL WORLD. Published by the state department, this pamphlet is commonly known as Publication 7277. This publication is a statement of clear intent to dissolve our national military and convert it to part of a global UN force. This is all the more important as the UN voted just last year to assemble its own military force made up of military forces from around the world.

    We are in the last phases of transition stage II. Stage three is the total dissolution of sovereign nation states and the disarming of people around the globe with the exception of law enforcement and UN military. Stage III is the global police state.

    For stage III to be complete and to pacify the people of the US, a constitutional convention will most likely be called at this point. First we will be pushed into a staged but absolute economic ruin, our food resources will be scarce, and most likely a bioweapons false flag attack will be utilized just to make sure you are good and scared. Scare= compliant. The convention will be called, the necessary changes will be made to the constitution effectively surrendering the US to United Nations control and most of you of course will happily surrender us as long as you aren’t too greatly inconvenienced.

    James again. Last year was the date set by the CFR for the doing away of the US, Canada and Mexico, combining these three coutries into the North American Union. So because that did not come to pass, they are behind schedule and these things written above would move that into place. If I am right, then we have to do everything we can to inform others so that we can stall again their desires to do away with the sovereignty of this nation. If this does not happen before 2012, then when Obama is back in office for another four years, then it will go into affect. I said he will be in office again for another four years because those that want to do this takeover do not want to have to start over with someone new and having to groom another person to do their bidding. It does not matter if all of us voted by papper bailouts again, they will tell us that we all voted him back into office.

  • Anonymous

    James. You have been doing your homework. Thanks for sharing what you found. It does fit. How could we ever believe that those judges are really on the side of the people? Now to keep our eyes open and when we see these things coming about, to do as you said and tell everyone to stall them.

  • borderraven

    Awaiting 9th Circuit Court of Appeals decision in Keyes v Obama, where hopefully We the People will be granted standing to challenge candidate legitimacy.

    Facts:
    The 1948 British Nationality Act extended consulate jurisdiction wherever a child was born to a British citizen, in territory under international treaty with the UK.
    http://www.uniset.ca/naty/BNA1948.htm
    http://bit.ly/nBQyT

    On June 6, 1951, in Washington DC, President Harry S. Truman signed the 1951 British Treaty (September 7, 1952, Date-In-Force), authorizing Britain consular jurisdiction over British citizens, in the USA, where consular officers could register births to British citizens, in the district of jurisdiction, and issue passports to those children.
    http://travel.state.gov/law/legal/treaty/treaty_1507.html
    http://1.usa.gov/jAPjwb

    Barack Obama Sr, was a foreign born student, carrying a British passport, on a US non-immigrant student visa (8USC1101(a)(15)(F)(i)), under British consular jurisdiction, per 1951 British Treaty.
    http://www.gpoaccess.gov/uscode/
    http://1.usa.gov/1U91kr

    It takes more than just being born an American citizen, to be a US President. A natural born citizen is born in the US to two US nationals. Since Barack H Obama II, was born in Hawaii, then per (circa 1961 law) 8USC1401(a)(1), he would have been native born a US citizen; and under consular jurisdiction of the 1951 British Treaty and under jurisdiction of the British Nationality Act of 1948, Part II(5)(1)(a) he was born a British Citizen, thus a dual-citizen UK/US, and not a natural born citizen, and not constitutionally eligible for the 2008 or 2012 Presidential elections.

    See
    http://www.scribd.com/doc/56732637/Obama-Declares-He-Was-Born-in-Hawaii
    http://scr.bi/iZnizQ

  • Barbie

    A nation divided against itself cannot endure. Do we want a nation? The United States of America? Or do we want total chaos? Do we want states and individuals litigating that members of a certain state MUST adhere to a certain religion? Do we want states and individuals litigating that all men must work and all women must stay home? Do we want states and individuals litigating that people of a different ethnicity must live in certain areas of a state, and be denied access to businesses because of their skin color?

    This is what we’re headed for, people. For the sake of America, STOP this rhetoric and start behaving like 21st Century, educated people of a great Nation!

  • Azriel

    Gee Barbie, you sound like another minority who wants to dictate to the majority. What if in a given state they, the majority, want a specific religion to be the dominant religion there or that men go to work (if there were jobs to go to work at) and even the women of that state want to stay home and actually raise their children? And there is enough of the race card being pulled often for no reason at all excepting one race wanting to rule over another. But what I find interesting is that I live in a rural midwest town and the different races get along just fine and NO ONE is discriminated on jobs. But I suppose you are also for the wholesale murder of unborn babies and want everyone to become vegetarians too? And Chaos???? This nation IS IN CHAOS!! And the leadership is running our lives into the ground and the banks are taking our homes and the large corporations are committing treason by shipping our jobs over seas with our tax dollars to help them do it. You call this nation a great nation?? Maybe for you and your minority powers you have enjoyed via the very same supreme court. But now the tables have turned and it is our turn to once again make this nation great and devoid of the minorities who want to dictate to the majority.

  • terry the censor

    So…a good decision to be exploited by losers such as the birthers? Not gonna happen.

  • Tea Lady

    Has everyone taken leave of their senses?

  • prsmith

    Who is ‘everyone’ TL? And what the hell are you talking about?

    As to the Con-Con; I see nothing to fear. While it might be bloody (figuratively speaking of course) and while we might not like the outcome, it still requires 3/4 of the States (and a solid majority of the people therein) to ratify and I don’t see that happening.

  • Anonymous

    why use the 9th and 10th when we should go to the source… article 1, section 8, clause 17…. that is the constitutionally defined jurisdiction of congress’s law:
    “To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings”

    it is futher confirmed at 18 USC 7(3):
    18 USC 7(3) ~~ United States Code ~ TITLE 18 > CRIMES AND CRIMINAL PROCEDURE >
    PART I > CRIMES > CHAPTER 1 > GENERAL PROVISIONS >
    § 7. Special maritime and territorial jurisdiction of the United States defined

    The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:

    (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

    see the following link for a 13 page brief by larry becraft with 140 supreme court cases confirming the geographical jurisdiction of Congress which is repeated a second time at article 4, section3, clause 2.
    Complete 13 page brief… http://www.lexrex.com/enlightened/articles/fed_jur.html

    “In the United States of America, there are two (2) separated and distinct jurisdictions, such being the jurisdiction of the states within their own state boundaries, and the other being federal jurisdiction (United States), which is limited to the District of Columbia, the U.S. Territories, and federal enclaves within the states, under Article I, Section 8, Clause 17.” “The article which describes the judicial power of the United States is not intended for the cession of territory or of general jurisdiction… Congress has power to exercise exclusive jurisdiction over this district, and over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.” United States v. Bevans, 16 U.S. (3 Wheat.) 336 (1818)

    “The laws of Congress in respect to those matters do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government.” Caha v. United States, 152 U.S. 211, 215, 14 S.Ct. 513 (1894)

  • prsmith

    Precisely why 70+% of the American workforce OWE NO TAXES TO THE CENTRAL GOVERNMENT! People are throwing their money away and for the lousiest of reasons – greed and power of/for the elite.

  • Anonymous

    Stop being so naive.

  • prsmith

    Presuming you are replying to my comment which preceeds yours, you call me naive; I call you ignorant. Until you learn the truth, you shouldn’t be throwing stones.

    If you want to find out why most people shouldn’t be paying taxes, grab a copy of Pete Hendrickson’s _Cracking the Code_ and read it.

  • Azriel

    Well, I see Barbie has not responded and that about sums up the minority views. Between her and the nazi,,they might make a great couple. I do wish so many were not marked with “anonymous” so I can give better comments here. But the one who did their research into the laws and the case decisions, thank you!! You really did your homework. And yes, prsmith, 70+% of americans should not be paying taxes at all and if we are going to talk about taxes, during my business course I learned about corporate tax loop holes that I was appalled to see. It seems that the more money my business earns and the more employees I have (weather they be americans or other nationals), the less taxes I would have to pay and the more options for other tax breaks I can get including a piece of tax revenues so that not only would I not be paying any taxes, but I would also get taxes paid to me for every employee I have. I can also get paid for throwing away products I produce and call it “corporate loss” provided I kept it in storage for at least one fiscal year. Any of my products that I produce that are defective and are returned to me, I can make the tax payers pay for it as I write it off as a “loss”. If I donate any products to any 501C3 charity, my write off is only 20% of what it cost me to manufacture the item whereas if I throw it away I can write off up to 30% of what I would have sold it for. I earn more if I throw the items away than if I donated it. Now, I do NOT do this and what I donate I never write it off. For one thing, I am not that big so as to qualify for these tax breaks, but I have principals that I live by that are Biblical ways of doing business. In reality, the larger the business, the more taxes they should pay out without getting tax breaks. And if you hire other nationals you should pay a tax on them just as if you were brining in products from outside the country as like a duty tax. And if I have parts made outside the country, even though the final assembly is here in the states, I should pay import taxes on the items the same as if it were a finished product. If they had to do this, it would become less profitable to ship jobs over seas. If this would be done, the federal government would have all the tax dollars they need for all federal projects including frivolous wars. Let the states tax the state residents according to the standard established by the people who live in that state.

  • prsmith

    “the more money my business earns and the more employees I have ”
    ————-

    You’re talking about loopholes and deductions, Azriel. I’m talking about the fact that you’re likely part of the problem. Presuming that you do not work for the government and that your business is not located in D.C. or one of the territories, if you’re reporting employee earnings to the IRS as taxable income, you are a.) perpetuating the lies and b.) breaking the law.

  • Anonymous

    For the second comment from the top, here is a response. Yes the global elite have all the cards in this war on global control, but we the people still have the power. It’s called Love and Light. If you really think the dark ones will win this ‘war’, I respectfully disagree. 95% of humanity wants peace, freedom, and harmony. Greed, power, fear, and war-mongering are swiftly becoming passe. The light of love and truth are bathing the planet as we speak, and it is only a matter of months before we’ll begin to see, and seek significant changes on this wondrous planet of ours. There is no denying that we are all connected, and the masses are finally waking up to that absolute truth.

  • Anonymous

    You keep your Love and Light. I’m keeping my shotgun.

  • Anonymous

    @Anonymous 29 June 00:25:

    Thanks for adding that sort of perspective in this discussion. People sometimes seem to forget that ‘life’ is part of a larger whole. It’s time to incorporate that larger whole into our current reality.
    Yes, people may need shotguns too, Anonymous 30 June 00:20; but that’s only as long as humanity is embedded in the current paradigm. When we start thinking ourselves out of that box – realizing, & acknowledging, the larger picture – we will move out of that sort of physical necessity, ie, the people’s right to protect themselves & their families. That is all a reflection of the illusion of our separation from one another. When in truth – in Truth – We Are All One. And it is time now to move up to that stage of our evolution, in consciousness. And with that movement, comes the key to that progress: the elimination of money.
    And especially interest-bearing money. The creation of which is where we first started going wrong.
    One Planet – One Humanity – One Destiny. Just not the destiny for humanity that the PTB are calculating for it. Of inferior consciousness as they are.

  • Anonymous

    It would be nice to have some of the ideals mentioned in these comments, but when you still have to factor in those PTB that have eyes that are never satisfied and that they know that they are within grasping their evil desires, then I have to go along with those that are pessimistic and are getting ready for the STHF. The more then 95% of us that want peace, health, freedom and a good lengthy and prosperous life still don’t have control over our governments let alone our own lives, and that is because those PTB know that what they have sought for all of these past centuries are right there in front of them, and not for one more second will they step back and let that fail. I too have my shotgun ready and a number of other things also. Good for you optimists, but go back to doing some study of the past century wars and those people that had the same ideas as you are speaking and then remember that history will repeat itself, and the reason for that is because, we the many are not going to do anything about stopping these PTB from total takeover. Why, because 95% of the people being took over will not get out of their comfort zone, even to save the skin off of their own noses.

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