The 10th Amendment and Nullification

by Carmen Amedori

“The government closest to the people serves the people best.” Thomas Jefferson

Government closest to the people is the best form of government as it allows the people to be more involved and enforce their right to reign in an overbearing government. In debate during the 1788 Virginia Convention, Thomas Jefferson argued for the 10^th Amendment stressing that Article 1, Section 1 of the United States Constitution delineating the purpose of the federal government was too ambiguous and granted too much wiggle room for the federal government in which to gain relentless power and control via legislative mandates.

It was the belief of Jefferson, George Mason and other anti-federalists that the 10^th Amendment was a necessary wall to ensure the people always have power over their government. The 10^th Amendment is more than a right but also a duty to step in and stop any usurping government. Although the last Amendment, it is a lynchpin tying together our entire God given rights of freedom as set forth in our Bill Of Rights.

Today, however, our local elected officials are just as guilty of a power and money grab as those of the gangsters at the federal level are. Like good little thieving thugs, local officials fall into line with the extortion and hostage-like mandates of the federal government as it dangles a few tax dollars as a reward and threats of no taxpayer dollars for local projects if they do not. Unfortunately, as a distracted nation, voters continue to fall for the song and dance of promises of less government and no new taxes bulldoogle only later to see they are all frauds and that once they are elected, they forget who they represent and from where they hail.

Recently in the state of Maryland, Governor Martin O’Malley and his progressive army of gangsters decided to tax the rain. Yes, it’s true. Under the mandate by O’Malley, Maryland counties devised storm water management plans wherein each homeowner and business owner would be assessed a tax based on how much rainwater fell and later trickled off their rooflines, driveways, and other impervious areas.

Giving a whole new meaning to pennies falling from the sky, the penalty for not complying within the timeframe would result in county fines of up to $10,000 each day they failed to implement a plan and ensuing assessments. Instead of the county elected officials fighting back, they began immediate compliance. It was not until a few of residents of certain counties created a protest on the tax, brought to light the absurdity of taxing the rain, and elected a new governor who eventually nullified the tax. This is the epitome of the 10^th Amendment and the power to the people and our ability to win at the ballot box.

Unfortunately, those type of ballot box stories are far and few between across the nation. Nonetheless, victory does lie within the 10^th 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.” – Amendment 10

The purpose of government under Article 1, Section 1 is to protect individual liberties from all foreign and domestic enemies. Period.

The purpose of the 10^th Amendment is so when the politicians turn gangster We the People have every right to disband and rebuild. All government should be designed to be accountable and available to the taxpayer. Americans are a “forgive and forget” group of people. Therefore, easily swayed with an apology from the lying crooks who do nothing more than hand out new laws, new executive mandates and all the while continue to tax without representation.

Our Forefathers had great, first-hand knowledge of these type of tyrants, dictators, and autocrats, which is why they brought forth the wonderful “Republic for which we stand.” This was in no way an easy task; as matter of fact, our Forefathers were afraid of what King George III would do once they brought forth the new nation, the U.S. Constitution and Bill Of Rights.

They have never met such a challenge as succession; but it was with the love of freedom, independence and the certain unalienable rights that no one person should ever be able to infringe they surged forth and prepared for the worst. They discussed when would be the “best” time – the “proper time” to deliver the documents of the birth of the free United States to the king. They realized there was never going to be the perfect opportune time so they mustered up all their courage and as one stood against the tyranny.

The American Revolution experiences is what they drew from and obtained the foresight to cover all bases to ensure freedom for generations to come; such as wrapping up the BOR with the 10^th Amendment. Remember we are a Constitutional Republic. The type of government our Forefathers gave to us grants states’ rights and self-government purposes. Our Forefathers created a process wherein government was supposed to begin with We the People; yet, we have evolved into a tyrannical government of the reverse and it trickles down with unconstitutional orders and laws imposed and infringing on our Constitutional rights.

NULLIFICATION

As President Ronald Reagan stated in his first inaugural address, “federal government did not create the states; the states created the federal government.” However, tell that to President Abraham Lincoln. It was his reasoning that state has had no such power. As a tyrant, he totally ignored the 10^th Amendment and made it clear it was his way or no way – such nonsense would not disrupt the Union or the strong centralized government he advocated. It was with the 10^th Amendment the South rose and demanded succession; thus, the aggression from the North on orders of stinkin’ Lincoln.

OF course, we know the rest of the story. Nevertheless, the way history is taught in our schools brings Lincoln to a favorable spot in the hearts of Americans –after all, it was he who freed the slaves. In reality, eleven states seceded and formed their own confederacy; Lincoln declared it was a violation of the Constitution and deliberately overlooked the right of the People to restructure as granted in the 10^th Amendment.

He suspended habeas corpus, locked up the Baltimore mayor and city council and newspaper editors throughout the country who disagreed with his plans. As Lincoln continue to build a stronger northern economy with disproportionate taxes onto the booming south, the words of Alexander Hamilton who stressed the importance of the writ of habeas corpus and our protection against “the favorite and most formidable instruments of tyranny,” as stated in Federalist No. 84 were condemned by Lincoln and thus the war began.

The sole purpose of 10^th is for the individual power to decide how much state government is necessary and to then flow from the state to the feds. Sadly, Americans are too caught up in their busy lives of working simply to pay taxes and stay afloat; just simply unaware of the duty within the Right bestowed by the 10^th Amendment, to dismantle and rebuild a greedy and over-powering government.

Thus, we have succumbed to federal mandates such as the government takeover of medical care “Obamacare” and emissions testing just to name a few. Of course, we can go back to the bailouts and the takeover of General Motors, etc. Currently, we are facing an influx of refugees who will further infringe on our sovereignty as an individual and a nation.

No American wants to be deemed uncaring; nor, do we want to be tagged as conspiracy theorists. However, is it a conspiracy when it is right before our eyes? The political correct federal gangster government has a playbook wherein if questioned, they sucker punch us collectively in the stomach and place a guilt trip on the American people in effort to force empathy at our expense.

It is no wonder so many decide to be an ostrich with their head in the sand. We the People have allowed this evolving, overbearing government to control with fear of government reprisal. The federal government wants us to believe we have “progressed” beyond the 10^th Amendment. Though not advocating bloodshed, Patriots need to muster the guts to halt the tyranny. We have  an inherent duty to protect for future generations.

Things change, but the Constitution and our God given rights do not. These are not breathing and living documents. Self-governance is definite under the 10^th Amendment. We can begin by calling out all fake and unconstitutional laws imposed by the feds. It begins on a local level and the nullification of any and all legislation; local ordinances that seek to interfere with ones right to “life, liberty and the pursuit of happiness.”

Get involved at the local level. Take your jury duty like a patriot and if the laws involved are unconstitutional, then acquit. Send the message that We the People will not continue to be indentured servants.

“The powers delegated by the proposed Constitution to the Federal Government are few and defined. Those which are to remain in the State Government are numerous and indefinite. The Former will be exercised principally on external objects, as war, peace negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement and prosperity of the state.”

James Madison Federalist No. 45