Liberty vs. Leviathan

Chronicling Liberty's battle against Leviathan

Asserting the 10th

The Tenth Amendment to the United States Constitution is elegant in its simplicity and clarity.  It’s also a bone in the throat of the Leviathan we call the Federal government. Simply put, it restricts the scope of the Federal government to only those specific items delegated to it in the Constitution. (Although today you’d never know it existed.)  In it’s entirety it 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.”

Recently, there has been a groundswell of resolutions from state capitals in flyover states, reasserting the states’ rights and the limitations of the federal government found in the Tenth Amendment. One state, however, has done something concrete before even passing such a resolution. Today we read of a new bill signed by Governor Brian Schweitzer(D) (notice the “D”) of Montana.  “…it’s another way of demonstrating the sovereignty of the state of Montana…”, he says.  The bill exempts Montana made firearms from federal jurisdiction. Supporters are hoping for a Supreme Court test case and are looking to support and fund a challenge. Keep this one on your radar.

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3 Responses

  1. Jack McHugh says:

    Personally, I see this talk as quixotic at best, and a distraction. These matters are ultimately political. If the concensus of the boobgeoisie is to throw over the Constitution and federalism, that’s what’s gonna happen, so we better focus on gaining a consensus for something different. Like say, restoring limited, representative government.

    This is one of the things that Tea Partiers are asking about, but instead they should should stay focused on what unites them:

    •Grievance: Chronic fiscal irresponsibility, now become acute fiscal extremism.
    •Target: A self-serving, self-perpetuating political class that no longer represents the will of the people.
    •Goal: Restore genuine representative, limited government by changing the incentives on that political class.

  2. Rowman says:

    Okay, I give. I found out boobgeoisie is a term coined by Mencken. He’s on my “To Read” list but I haven’t gotten to him yet. What exactly did he mean?

    So are you saying the incentives replace the scuttled Constitution?

  3. Jack McHugh says:

    😀 I’m sure you know more about Mencken than I do. I always interpreted that crack to mean the “fat, dumb and happy” aspect of the U.S. middle class (as opposed to the stalwart, virtuous, salt-of-the-earth aspect*).

    Well, the Constitution has been pretty much a dead letter since the 1930s, if not since the time of Woodrow Wilson. The fact is, if the executive and legislative branch can ignore it with no repercussions at the polls, and the courts won’t enforce it, what’s left? Minority preferences, Kelo, etc. – it’s a long and tawdry list of abridged freedoms going back at least a century. So what’s the conclusion? These matters are ultimately political.

    * A strong statement on the virtue of the middle class from Tom Wolfe:

    “The truth is that there is a common bond among all cultures, among all peoples in this world … at least among those who have reached the level of the wheel, the shoe, and the toothbrush. And that common bond is that much-maligned class known as the bourgeoisie – the middle class. These people are to be found not only in Boston, they are to be found in Bombay, in Benin City in Benin, West Africa, in Bonn in what used to be called West Germany, in Beirut, in Bermuda, in Barcelona. They are all over the world, in every continent, every nation, every society, every culture, everywhere you find the wheel, the shoe, and the toothbrush; and wherever they are, all of them believe in the same things. And what are those things? Peace, order, education, hard work, initiative, enterprise, creativity, cooperation, looking out for one another, looking out for the future of children, patriotism, fair play, and honesty. How much more do you want from the human beast? How much more can you possibly expect?”
    http://www.101bananas.com/library2/wolfe.html

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