Why the Tenth Amendment?

http://www.tenthamendmentcenter.com/2009/08/23/why-the-tenth-amendment/

by Michael Boldin

The following was a prepared statement for the 10th Amendment Forum in
Orlando, FL on 08-22-09

First of all, thank you for allowing me a few moments to be here with
you today – it's an honor to be able to speak with you, even if it's
from the other side of the country where I am here in Los Angeles,
California.

As the founder of the Tenth Amendment Center, I'm often asked – why
the Tenth Amendment? Why do we need it? And I truly believe that's
just what people like you and I were asking back in the time when this
country was founded, too.

But, the answer isn't complex. It isn't difficult. It's simple and
it's easy to understand. The People of the day, the Founding
Generation, like so many of us today, recognized that a government of
strictly limited powers is the only one that has a chance of
protecting our liberty – and that's just the kind of government that
the People created when they ratified the Constitution so many years
ago.

They did this because they knew through their own life experience,
that a government without limits is a tyranny.

The 10th Amendment was ratified as an exclamation point on the
Constitution – and it lays out in plain English that our federal
government is to be one of limited, enumerated powers – not the nearly
unlimited, unchecked one that it has become today.

It truly is our modern line in the sand. On one side, we have those
who believe in limiting the power of politicians, and on the other are
those that trust the government to do everything.

The 10th Amendment is the safety valve that makes it clear, especially
in conjunction with the 9th, that it was The People who created the
federal government to be our agent for certain enumerated
purposes…….and nothing more.

The federal government didn't create itself - and the state
governments didn't create it either. It was The People who created
the federal government, and it is the People who are sovereign in the
American system. This couldn't have been more clearly stated than it
was in the Federalist Papers, #22. And here's the quote:

"The fabric of American empire ought to rest on the solid basis of THE
CONSENT OF THE PEOPLE. The streams of national power ought to flow
immediately from that pure, original fountain of all legitimate
authority."

And that wasn't Madison or Jay. It was the man who at the time was
seen as the greatest believer in centralized power, Alexander
Hamilton. So, back then, even the great centralizer recognized that
power comes from the People. And that's the way it was at the
beginning – and that's the way it is today.

So only when "We the People" actually regain that power over the
government that is supposed to be our agent – only then will we ever
see liberty and prosperity flourish in this country.

And, I believe that the path to this is not in Washington D.C. It's
not in asking federal politicians to let us exercise our rights, or
hoping that federal judges will give us permission to exercise our
rights. But instead, the path is in Tallahassee and state capitols
around the country. Courageous State legislators – like your own
Carey Baker and Scott Plakon – are calling on the Jeffersonian
tradition of nullification to resist unconstitutional federal laws.

When a state "nullifies" a federal law, it is proclaiming that the law
in question is void and inoperative, or "non-effective," within the
boundaries of that state; or, in other words, it's actually not a law
as far as that state is concerned. We see this principle being raised
in opposition to national ID cards, federal gun regulations and even
proposed national health care plans.

Starting in 2007, there was a state-level resistance to the federal
government that rose up in a way that this country hasn't seen since
the mid-19th century. Approximately two dozen states simply refused
to comply with federal law. They refused to implement the Bush era
Real ID act. And guess what? Today it's gone without even needing
congress to repeal it.

So what's the lesson? Through nullification, we can effectively
resist DC and whatever they try to shove down our throats.

This year, 26 states have seen a firearms freedom act introduced, and
already two states have already made them law – that's Montana and
Tennessee.

Sources close to the Tenth Amendment Center tell us to expect to see
ten states introduce state constitutional amendments which would
effectively ban a forced national health care plan – and your state of
Florida is leading the way.

There's plenty of outrage these days, and that can be seen by the
activism at town hall meetings around the country. But think of it
this way - If, instead of making demands on federal politicians who
don't listen to us anyway, all this energy was instead focused on
state governments, we'd probably see 10 or 20 health nullification
bills in states already. And Obama's health care program would be
just that much closer to being dead in the water today.

The bottom line? As Jefferson wrote back in the Kentucky resolutions
of 1798 – the people of this country are not united on a principle of
unlimited submission to their general government.

So, with that, I urge you – each and every one of you here right now –
to take the ball and run with it. When people like you say "I'm not
going to wait anymore – I'm going to lead!" that's when we'll see this
great movement in support of the constitution and your liberty really
take off.

Thank you.

Michael Boldin [send him email] is the founder of the Tenth Amendment Center.