To watch the video, click here:
Jax 10A Leader Speaks to St Aug Tea Party Jan 2011
Prepared Remarks:
The Intersection of Tenth and Tea.
How the Tenth Amendment can help the Tea Party Realize its goals in 2011.
How many have you have made new year resolutions for 2011?
I’ve got a few suggestions, what do you think about these?
Lower Taxes
Less Government
More Liberty
I’d like to speak with you tonight about the tenth amendment and how it can help you achieve these goals, this year.
Tea Party Values:
Now I’m speaking today at a meeting of the St Augustine Tea Party and so I reviewed your website to see what was important to you.
- Constitutional Government
- Limited Government
- Fiscal Responsibility
Now what I really like about your focus is that you have somehow avoided divisive social issues. In actuality, this is exactly the same approach the founding fathers used in framing our constitution. They avoided social issues of their day such as gambling and prostitution.
Gambling
“Gambling quickly became a problem in Virginia. Captain John Smith complained about men “devoted only to idleness.” Gambling can be highly addictive and often correlates with illegal activity, broken families, unemployment, homelessness, and results in annual legal and social costs which are significant. In light of the presence of gambling and the strong Judeo-Christian ethic of our founders, some may find it surprising that gambling is not referenced in the constitution or early federal laws. But there were laws about gambling in early America, state laws.
Prostitution
Prostitution, the oldest profession which often in reality resembles cold blooded sexual slavery, is often associated with child kidnapping, broken marriages and venereal diseases all of which have significant societal costs. So how did the founders handle this dangerous and immoral practice? The constitution was and is completely silent on the issue.
“Prostitution was not an offense in either English or American common law, and, prior to World War I, although being a prostitute was not an offense, prostitution was generally regulated as a specific sort of vagrancy. When prostitutes were punished as sexual deviants, it was under laws against adultery or fornication or for being ‘common nightwalkers’–women who strolled the streets at night for immoral purposes. It was not until 1917 in Massachusetts, however, that a prostitute could be punished for prostitution.”
Why did the founders not constrain the people’s wicked tendencies by federal law?
Could not the federal government have inserted language to regulate prostitution or gambling at the Federal level? The founders well understood the dangers of man’s tendency to be corrupted by power so they were opposed to giving central government too much authority.
“Aware of the tendency of power to degenerate into abuse, the worthies of our country have secured its independence by the establishment of a Constitution and form of government for our nation, calculated to prevent as well as to correct abuse.” –Thomas Jefferson to Washington Tammany Society, 1809.
The founders framed a Federal government with authority to govern regarding specifically enumerated powers so the Federal Government would not grow into a tyranny that intruded into all manner of its citizen’s private lives.
Across the country there are people who are waking up to the fact our government is constantly growing and intruding into our lives in unprecedented ways. People are waking up to the fact that due to unchecked growth of government, we are in empire in decline. People can sense it in the air. This is perhaps the first generation of Americans that believes their kids will be worse off than they are in terms of prosperity and liberty.
The signs of decay are all around us & they remind us how far we are from the vision of our founding fathers:
- We are now the largest debtor nation in the world, in the history of the world.
It took the US 214 years to accumulate 3 trillion dollars in debt. But our current administration has done it again in only 633 days. The overall debt of the federal government, according to the Treasury Department, is now $13.666 trillion. And that does not include unfunded liabilities.
- Our legislators apparently believe that their job to bring home the bacon instead of balancing the budget.
There are more Americans on food stamps now than ever in our history, even in % terms.
- Our government has violated the constitution so egregiously that our officials now don’t even want to be reminded of what the (constitution) document says.
Mind you this is the document they took a solemn oath to uphold and defend. Many complained about the reading of the constitution, some refused to enter the chamber, and one representative even said that reading the constitution was leading to the politically charged climate that has recently spilled over into violence.
I ask you, is it the reading of the constitution that has created our current problems? No our problems are due to the fact that our leaders have ignored the constitutional limits of government for far too long.
But it is not just our leaders that are to blame.
Our founders warned us to be vigilant in watching our elected leaders.
Every government degenerates when trusted to the rulers of the people alone. The people themselves, therefore, are its only safe depositories. Thomas Jefferson, 1781
And TJ told us exactly what to keep an eye on, he called them the anchors of our union:
“To preserve the republican form and principles of our Constitution and cleave to the salutary distribution of powers which that [the Constitution] has established… are the two sheet anchors of our Union. If driven from either, we shall be in danger of foundering. “ Thomas Jefferson, letter to Judge William Johnson, June 12, 1823
What does he mean by republican form?
A Republic is a representative government ruled by law (the Constitution).
The most sacred of the duties of a government [is] to do equal and impartial justice to all citizens. Thomas Jefferson, Note in Destutt de Tracy, 1816
“In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” Thomas Jefferson, fair copy of the drafts of the Kentucky Resolutions of 1798, 1798
What does he mean by principles of our constitution?
He means by that the principles that the constitution rests on and relies on like inalienable rights and natural law.
The republican is the only form of government which is not eternally at open or secret war with the rights of mankind. Thomas Jefferson, letter to William Hunter, March 11, 1790
Quotations such as “life, liberty, and the pursuit of happiness”, “Laws of Nature” and concepts for a new “more perfect” form of government with a written Constitution and independent Judiciary and the sovereignty of the People are right out of Vattel’s Law of Nations or Principles of Natural Law. (1)
What does he mean by distribution of powers?
The power to govern is shared between national and state governments. It is a system with conflict built in on purpose because of an underlying assumption that too much power in any one set of hands will have a bad outcome.
“It is not by the consolidation, or concentration of powers, but by their distribution, that good government is effected.” –Thomas Jefferson: Autobiography, 1821. ME 1:122
“I consider the foundation of the Constitution as laid on this ground that ‘all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.’ To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, not longer susceptible of any definition. “
Thomas Jefferson, February 15, 1791
So if governing by the rule of law, inalienable rights, and separation of powers are our anchors, where are we today? We are adrift…adrift in dangerous waters. We would likely not be in this condition had we heeded his warning.
Luckily, the founders also foresaw that trouble would arise due to the gradual accumulation of too much power in one branch of government, and in the constitution they provided a mechanism for curing the situation. The cure is administered by the people of the states using The Tenth Amendment to put the federal government back in its place.
The Tenth 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.”
Today we are seeing a great awakening of people to the rights accorded them in the constitution and the bill of rights. The Tenth Amendment is being rediscovered and most states are in the process of taking action to nullify Federal overreach.
“The principle and construction contended for that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism – since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction, and that a NULLIFICATION by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy.” Thomas Jefferson
States are waking up to their responsibility to defend their citizen’s Health Care Freedom
In the last year, the Federal Government has decided that the commerce clause not only gives them the power to regulate what you buy, but it can be used as a rationale to tell you what to buy. This power grab is unprecedented and the vast majority of Americans want the legislation repealed. So 39 states are currently in some stage of fighting Obamacare. At least 20 states are pursuing legal means to stop its implementation while still others are taking a legislative approach to nullifying the law. 4 States have already passed the healthcare freedom act which declares that two basic rights are protected:
1) The right of individuals to be able to spend their own money to access and receive lawful health care services (and for providers to legally give that care and receive compensation)
2) The right of individuals to choose to not participate in any health care system or plan without a penalty or fine.
States are also waking up to their responsibility to defend their citizen’s 2nd Amendment Rights.
The Federal Government has apparently decided that the commerce clause trumps the 2nd amendment rights of the people and it has restricted and is looking to further restrict the rights of Americans to purchase guns.
But 7 states have already passed the Firearms Freedom Act which declares that any firearms made and retained in-state are beyond the authority of Congress under the commerce clause. This essentially nullifies the impact of Federal law.
“Nullification begins with the axiomatic point that a federal law that violates the constitution is no law at all. It is void and of no effect. Nullification provides a shield between the people of a state and an unconstitutional law from the federal government.” Thomas Woods, Nullification, Pg 3
The biggest threat to nullification is the judiciary who believes they have the sole right to interpret the constitution. Last year in Florida the HealthCare Freedom Act was kept off the ballot by the Florida Supreme Court because the summary was misleading. The sponsors sought to remedy this by having the entire text of the act placed on the ballot as has been done many times in the past and the judges refused this reasonable request. In essence it was thrown out by activist judges.
A battle surely awaits us at the U.S. Supreme Court.
1803 Marbury Vs Madison
Chief Justice John Marshall stated that the Supreme Court was duty bound, under the oath each Justice takes to support the Constitution, to treat unconstitutional laws of Congress as void, and of no force or effect.
Regardless of which way the Supreme Court rules on obamacare, we the people of the states must press on.
“The Central point behind nullification is that the federal government cannot be permitted to hold a monopoly on constitutional interpretation. If the Federal Government has the exclusive right to judge the extent of its own powers, warned James Madison and Thomas Jefferson in 1798, it will continue to grow- regardless of elections, the separation of powers, and other much touted limits of governmental power” Thomas Woods, Nullification p4.
Hamilton states in Federalist 78; “liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments.”
“My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal.” Thomas Jefferson, letter to Samuel Adams Wells, May 12, 1819
Keep in mind also that the Constitution does not guarantee a federal judge his position for life, but only for the duration of “good behavior.” Art. III, Sec. 1)
Sixty-one federal judges or Supreme Court Justices have been investigated for impeachment, of whom thirteen have been impeached and seven convicted. The most common reason cited is judicial high handedness.
Centralization of Power is a global phenomenon and it is dangerous
Media, Banking, Food Production, Food Distribution
Fusion of Corporate and National Power
Concentration of Power in the Federal Government and Executive Branch
Concentration of International Power (IMF/UN)
We should actively oppose centralization of power, usurpation of rights. We should educate ourselves, our neighbors and our elected officials at the state and national level about the many benefits of constitutional government. Benefits such as lower taxes and more liberty which people of all types can rally behind.
The Tenth Amendment Center exists to further this cause. We have a national website at www.tenthamendmentcenter.com . We have local chapters, for example the site for Jacksonville area is www.jaxtac.com . We supply template legislation and we would welcome further volunteers in each area to help us identify sponsors in each state.
In closing, I would remind you the tea party and tenth amendment center share many goals in common and we look forward to working closely with you to reign in an out of control federal government and to restore the principles of constitutional government in the USA.
God Bless America
For further research:
http://www.marksquotes.com/Founding-Fathers/Jefferson/index7.htm
Principles of Natural Law
http://www.constitution.org/burla/burla_1.htm
Biggest Debtor Nation in History of the World
http://www.marketoracle.co.uk/Article22736.html
Food Stamp Usage at All Time High
http://www.reuters.com/article/idUSTRE4B28CB20081203
Congressman protests reading of constitution
http://www.theminorityreportblog.com/2011/01/06/democrat-congressman-protests-reading-constitution-on-house-floor/
Track the progress of the healthcare freedom act
http://www.ushealthfreedomcoalition.com/
Track the progress of the firearm freedom act
http://firearmsfreedomact.com/state-by-state/
Global trend towards eroding freedom
http://www.breitbart.com/article.php?id=CNG.b7ab9f89dccc945f6545ca445a6fac5a.4a1&show_article=1
Concentration of US Media
http://www.freepress.net/ownership/chart/main
Media ownership changes over past twenty years
http://www.corporations.org/media/
Seed Company Consolidation
http://www.good.is/post/the-seed-industry-s-scary-consolidation
Learn about the Tenth Amendment Center and its template legislation
www.tenthamendmentcenter.com / http://florida.tenthamendmentcenter.com / www.jaxtac.com
Track the locations of the Nullify Now Conferences, coming soon to an area near you.
http://www.nullifynow.com/
Citizens from all around the country have refused to go through the scanners and have found creative ways to show that they had nothing to hide.
I wonder if that is what the maker of this tshirt had in mind with his catchy slogan:
Tenther presidential candidates getting press in Florida
Some Florida media outlets are pointing out that Ron Paul and Gary Johnson are Tenthers. Their support of the Tenth Amendment of the Constitution is likely to resonate among Florida’s voters.
“Obama won America’s biggest swing state by 3 percentage points in 2008, and he has signaled he will fight hard for the state again in 2012. Already, it’s clear that he has considerable work to do to make his incumbency an asset, rather than a liability, in a Florida that has drifted more conservative than even four years ago.” (Ron Sachs quoted in Tampa Bay News).
The Feb 2011 CPAC straw poll demonstrated the enthusiasm that conservative voters have for tenth amendment supporters like Ron Paul and Gary Johnson, who both featured in the top three when pitted against well known GOP favorites like Bachman, Cain, Huckabee, Palin, Romney, and Santorum.
Both Ron Paul and Gary Johnson have been vocal supporters of the Tenth Amendment.
Ron Paul was recently quoted in the Sunshine news: “I think (nullification) is a very good idea. I don’t like big, national government.” and Gary Johnson recently called nullification “a formula for righting all our wrongs”
Jamie Davis, Communications Director for the Florida Tenth Amendment Center commented on the coverage: “Florida has a tremendous conservative voting block and an energized tea party movement. What matters to most Florida voters is smaller government, lower taxes, and more personal liberty. But many Floridians are growing wary of politicians who have the right rhetoric but the wrong record. The increasing divergence between rhetoric and record is why I expect to see an even greater shift towards more constitutionally minded candidates like Ron Paul and Gary Johnson.”
Apr 22, 2011 | Categories:Commentary | Leave A Comment »