Friday, March 27, 2009

Powers Reserved to the States


Thirty-three States can soon be counted as having similar resolutions about their Tenth Amendment rights

Last month I wrote that some States are finally beginning to stand up for their Tenth Amendment rights. The Tenth Amendment Newly Ascending

"In the first five weeks of his presidency, Barack Obama has acted so rashly that at least 11 states have decided that his brand of 'hope' equates to an intolerable expansion of the federal government’s authority over the states," wrote A.W.R. Hawkins in HumanRights.Com

"When the Constitution was being ratified during the 1780s, the 10th Amendment was understood to be the linchpin that held the entire Bill of Rights together," Hawkins pointed out. This is one of the primary history lessons learned by all American elementary students when they are taught that each state was considered to be its own "country" before the ratification of the Constitution.

The 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."

"Sometimes thought of as an afterthought, to 'sweep up' anything the Founders may have forgotten, the 10th Amendment today is taking on monumental importance as increasing federal intrusion into state affairs threatens to completely destroy the balance between state and federal power," says State Rep. Samuel E Rohrer, PA-128th District. 10th Amendment Center

The Founding Fathers "took pains to outline how the Constitutional structure of the government would prohibit the federal government from becoming big enough to overwhelm the powers of both the states and the democratic process," he said.

"Republicans and Democrats alike have been guilty of trampling states' rights for generations," said Constitution Party National Committee Chairman Jim Clymer. "Finally, elected officials in state legislatures across the country are pushing back."

The website MRStep makes the claim that thirty-three States can soon be counted as having similar resolutions about their Tenth Amendment rights.

As of this date, there seems to be little media attention paid to what the States are doing. I have seen no major online publications such as the Washington Post, the New York Times, etc., with articles on this movement; but there are dozens of independent online sites trying to keep it in front of the public.

At present, it seems the only purpose to which any State may be using their resolutions is to refuse to accept certain public funding that the Obama administration would like to force upon them, one case in point being the much publicized refusal of Alaskan Governor Sarah Palin refusing Federal funding for special needs education, despite the fact that she and her husband have a special needs chile themselves.

Alaska is not the only State to consider refusing "line item" funding. Some States have said they would refuse certain funding because to do so with the expectation that they would pay back the Federal Treasury means they would have to raise taxes to do it!

Europe does not like Obama's nationalistic economic policies either. "The United States' decision to pump ever-larger sums into its economy is the 'road to hell,'" Mirek Topolanek, the President of the European Union, said Wednesday, just a week before he was set to meet the US president in London.

If the States face down the Obama administration, there will be a Constitutional upheaval such as we have not seen since the secession of the southern States during the Civil War.

Let us hope so. It may be the only saving grace left for individual sovereignty in this nation. The Ninth Amendment states that "the enumeration in the Constitution, of certain rights, [meaning the 1st through the 8th Amendments] shall not be construed to deny or disparage others retained by the people."

And that means that just because some of our rights are guaranteed in writing does not mean we do not also retain "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States," because what is not delegated to Washington D.C. and not prohibited to the States "are reserved to the States respectively, or to the people." [10th Amendment]

They are absolutely not reserved to the Federal government.



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