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The Tenth Amendment Revisited

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by J. Rick Normand

To Preserve Our Freedom a Lawful National Rebellion Has Begun!

Sedona, AZ  – Months ago I wrote a column about the nature of the Federal Reserve. In the first paragraph I said “I’ve regularly heard educated Americans say…’What’s the worry with all this money our government owes? We just owe it to ourselves!’ WRONG! This common misconception is rooted in the mistaken idea that the United States Federal Reserve Bank (commonly known as ‘the FED’), and its twelve regional subsidiary banks, are part of the U.S. government. They are not!”

The U.S. Constitution does NOT authorize any non-governmental entity to have power over its economy and currency, period! Yet, the FED can enter into agreements with foreign central banks and governments since there are no federal enforcement powers over the FED. In the last few weeks many of you have read that Chairman Bernanke of the FED, in Congressional testimony, refused to identify where he had transferred the trillions of US taxpayer dollars used in all the bank bailouts. Meanwhile, about three weeks ago, Rep. Alan Grayson asked the Federal Reserve Inspector General, Elizabeth Coleman, to identify to whom were paid the trillions of dollars lent or spent by the Federal Reserve for bailouts. Incredibly, she responded that the IG does not know and is not tracking where this money is. This is typical of the Federal Reserve! In fact, a huge and incontrovertible school of economic thought argues that every problem we have had in our economy since before the Great Depression can be directly traced to Federal Reserve policy. Consequently, Rep. Ron Paul has introduced House Resolution 1207, known as the Federal Reserve Transparency Act of 2009, which would order the GAO to audit the FED, then abolish the FED and move their assets and functions to the Department of the Treasury. This could be the most important legislation ever submitted due to the financial conditions in America at this time.

 What does it take for the American people to realize that the privately-owned Federal Reserve acts outside Congressional oversight, above the law, and in complete abrogation of the United States Constitution even though it controls the economy of our country and the issuance of its currency as well as the tragic level of national debt? Well, surprise; a quiet, peaceful, and very legal rebellion has begun across this country as many of the States of this Union have made it clear they’ve had enough of overreaching federal government interference in their affairs which was, and is, prohibited by the Constitution. I realize that many of you, deep-down, really don’t believe in our Constitution anymore, but many of us cherish that masterfully crafted document and still are willing to fight for it.

Here is the story of the new, and spreading, rebellion:
The Tenth Amendment of the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It restates the Constitution’s principles of Federalism. Specifically, it says “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.” Nevertheless, the Supreme Court rarely declares laws unconstitutional for violating the Tenth Amendment. In the modern era, the Court has only done so where the federal government compels the States to enforce federal statutes. And, for the most part, constitutionalists have sat on the sidelines…but that is beginning to change. More and more, the federal government and the Federal Reserve, representing only private bankers, are viewed as unequivocally out-of-control and out of touch with the people. As a result, for the first time since the Civil War, many States are demanding a return to strict interpretation of Constitutional Law. It took an economic collapse to force the issue! Finally, people are beginning to realize that there are heavy odds that no federal program, short of a miracle, can save us from this malaise. Yet, we’ve given even more power to the very same people and institutions that got us into this debacle to perform some “miracle” that will get us out of this mess…by using unlawful, untested and ill-advised forced measures.
So, 26 State legislatures are considering or are preparing to introduce resolutions which reassert the principles of the 9th & 10th Amendments to the Constitution emphasizing that federal power is strictly limited to specific areas of governance detailed in the Constitution and that all other governmental authority still rests with the States. Texas and Oklahoma are leading the charge.

Washington State’s sovereignty resolution bill, for instance, derives from James Madison in The Federalist who wrote: “The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] 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.”
Our Founding Fathers believed in a balance between state and federal power. This state sovereignty movement clearly arises from the belief that the balance of power has tilted too far and for too long in the direction of the federal government. It’s time to restore that lost balance. The emergence of this movement is a hopeful sign that the people are asserting their State’s rights, thus finally crying “enough” to runaway government. With the threat of increasingly out-of-control federal spending, some of these sovereignty bills may stand a fair chance of passage in the coming year.
The text of the bill proposed in Arizona makes the clearest statement of the intent to block un-funded mandates:
“That this Resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers” and “That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.”
But, no matter how many States pass a Sovereignty Resolution and send it to the Congress evidencing their displeasure with the unlawful acts of the U.S. Government, the U.S. Government does NOT have to comply with the State’s demands since a Resolution is not binding. There is only one way to force compliance. It’s called an Article V Convention, as follows:

Article V of the U.S. Constitution states, “The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”
Notwithstanding that 35 state legislatures [33 constitute two-thirds] have submitted 102 requests for a convention call since 1965 having to do with Tenth Amendment violations Congress has ignored its constitutionally mandated duty.
Do we, the people, have any rights represented in Washington any more? Some Americans fear a convention based upon half-truths, myths and outright falsehoods…a realization which encourages congressional veto of direct constitutional textual modification and denies the people their right to amend the Constitution without government interference or oversight. They say that such a gathering could become a “runaway” convention which could result in a re-writing of, or over-turning of, to much of the Constitution. They ignore the fact that the Framers also provided a safety mechanism to prevent such a fiasco: all amendments proposed by the Convention must be ratified by three-quarters of the States before they become effective. There is virtually no chance that radicals on either side of the political spectrum could bring about such an outcome.
Reposted from Sedona.biz, WildCard!

2012-08-10 11:45:41

Source: http://sedonacyberlink.com/?p=3405


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