In previous Constitution 101 articles, I’ve shown that states were intended to serve as a check on federal power and that nullification creates a process to do so. I also pointed out that the federal government does indeed enjoy supremacy, but delegated powers limit that supremacy. All legitimate federal act must be “in pursuance” of..
Read moreGetting from Here to There: The Long Road to Freedom
From time to time, our work at the Tenth Amendment Center comes under attack from anarcho-capitalists. (Or if you prefer anarchists, voluntarists or simply libertarians.) These folks object to our emphasis on the Constitution because they argue that "the state" and its governments lack legitimacy. The argue that by its very nature, even a "limited"..
Read moreConstitution 101: Federal Supremacy
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution..
Read morePerhaps I Got It Right: A Nice Endorsement for ‘Our Last Hope’
When I set out to write the moral, historical and constitutional case for nullification, I knew I had a tough task ahead of me. After all, most Americans have never heard of nullification. And the constitutional and philosophical principles nullification rest on remain alien to even well-educated Americans. My goal in writing Our Last Hope:..
Read moreI Choose the Tougher Path to Freedom: Non-Violence
Victory attained by violence is tantamount to a defeat, for it is momentary. - Gandhi I'm conflicted. More than anything, I simply want to live free. When others build walls against freedom, we must tear them down. But how do we go about doing that? How do we stop those that would lay chains over..
Read moreTalking Obamacare Nullification on the Freedomworks Podcast
I recently sat down and chatted with Brad Jackson on the Freedomworks podcast on efforts to nullify Obamacare at the state level. I shared good news about a recently passed bill in Georgia that lays the foundation for stopping Obamacare implementation and also talked about establishment Republican efforts to kill an anti-commandeering bill in South..
Read moreNo. We Shouldn’t Follow Every ‘Rule’
I recently wrote an article suggesting that the president should not enforce every act of Congress. My argument primarily rests on those already articulated by founding era figures, specifically Thomas Jefferson and James Madison. You can read the article HERE. I wasn't surprised by the negative reaction I got from some readers. In today's political..
Read moreSpeaking at the Tennessee Libertarian State Convention
I spoke to an enthusiastic audience at the Tennessee Libertarian Convention on Saturday, March 15. I talked about the danger of centralization and why we should emphatically resist it. I compared government monopoly with corporate monopoly and raised the question: why do so many people abhor one while enthusiastically embracing the other? I shared with..
Read moreCrimea – A Matter of Sovereignty
One of the arguments bandied about to justify US intervention in the Crimean situation revolves around the constitutionality of the upcoming referendum. The people of Crimea will decide whether to remain part of the Ukraine, or split off and align with Russia. Most observers believe the vote will fall on the side of secession, considering..
Read moreSmacked with the Race Card
I have to confess; it gets under my skin when people call me a racist. Most things people throw around in political debates roll right off my back. But the racist charge stings. It really shouldn't. When an opponent screams "racist," or its first cousin "neo-confederate," it clearly indicates he has no leg to stand..
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