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I picked up this story from Western Confucian, concerning the oft forgotten Tenth Amendment of the U.S. Constitution. Joshua writes:
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The Tenth Amendment simply 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." It has long been ignored outright. The Principle of Subsidiarity, "[o]ne of the key principles of Catholic social thought," is upheld by it, in that it "holds that nothing should be done by a larger and more complex organization which can be done as well by a smaller and simpler organization." - Western Confucian
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Resolutions to restore the balance of power between the states and the federal government have already been introduced in at least 14 state legislatures. Most of them are almost identical to the resolution already passed in the Oklahoma House. After a series of “whereas” clauses, nearly all of them contain a key section stating:
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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE __________ LEGISLATURE: THAT the State of __________ hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States. - New American
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE __________ LEGISLATURE: THAT the State of __________ hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States. - New American
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START SPREADING THE NEWS!
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Yes we can - maybe... Although if those who call for a Constitutional Convention to insert an amendment requiring a Balanced Budget - who knows what else they may want to amend? It could also be an opportune time to amend the natural born citizen requirement for the office of President of the United States.
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I know! Now's not the time to be pretending.
It's a wonderful idea, but all I see this movement doing is creating a lot of hysteria. OK, a state passes this resolution- now what?
ReplyDeleteFurther, I grow weary of hearing about the national debt. Yes, it's ridiculous, but we have always had one- ever since Washington. (By Jefferson, it had swelled to $75m.)
I'm growing weary of life.
ReplyDeleteWho said it would be easy?
ReplyDeleteTake St. John's Wort, say your prayers, and keep going.
(And stop worrying!)
I'm not worried. However drugs would be nice. Kidding...
ReplyDeleteWell, Washington and Jefferson cultivated the wacky weed.
ReplyDelete(And one of em enjoyed the company of the human beings that he owned, but I digress.)
Article V and the Tenth Amendment are not the same thing in the Constitution. The fact a state asserts its sovereignty under the Tenth Amendment has nothing to do with that state submitting an application for an Article V Convention.
ReplyDeleteAll 50 states have submitted over 700 applications for an Article V Convention. Congress has ignored them all. Based on that record, it is likely it will ignore any Tenth Amendment resolutions submitted or declared by the states. However, should the states begin to bring a federal lawsuit or other action related to an Article V Convention, then things will begin to happen.
You can read the texts of the applications at www.foavc.org
The Tenth Amendment is the spirit; Article V is the teeth of state sovereignty.