documents:cosproject:surge:article_16-implementtenthamendment
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documents:cosproject:surge:article_16-implementtenthamendment [2018/03/21 08:57] – File build by odt2dw plugin from fileArticle_16-ImplementTenthAmendment.odt Oliver Wolcott | documents:cosproject:surge:article_16-implementtenthamendment [2018/03/25 13:33] – Oliver Wolcott | ||
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- | <sub>{{Article_16-ImplementTenthAmendment.odt|Original file}}</sub> | + | <WRAP center round download 60%> |
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- | {{article_16-implementtenthamendment_Image_0.png}} | + | </WRAP> |
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- | Article V | + | {{: |
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- | is the ultimate | + | ===== The Article V Solution — The Way to Implement the Tenth Amendment |
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- | nullification | + | |
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- | procedure. | + | |
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- | **The Article V Solution — The Way to Implement the Tenth Amendment** | + | |
**Rita Dunaway, Esq., National Legislative Strategist for the Convention of States Project** | **Rita Dunaway, Esq., National Legislative Strategist for the Convention of States Project** | ||
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But if the daily news is any indication, there is no subject exempt from federal power. Through its power of the purse, which is virtually unlimited under the modern interpretation, | But if the daily news is any indication, there is no subject exempt from federal power. Through its power of the purse, which is virtually unlimited under the modern interpretation, | ||
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- | {{article_16-implementtenthamendment_Image_1.jpg}} | ||
The question, then, that holds the key to unlocking our constitutional quandary, is this: How do states protect their reserved powers under the Tenth Amendment? | The question, then, that holds the key to unlocking our constitutional quandary, is this: How do states protect their reserved powers under the Tenth Amendment? | ||
- | On a piecemeal basis, states can cer-tainly | + | On a piecemeal basis, states can certainly |
- | In their frustration and disbelief over the growing extent of federal abuses of power (and the refusal of our Supreme Court to correct them), some conserva-tives | + | In their frustration and disbelief over the growing extent of federal abuses of power (and the refusal of our Supreme Court to correct them), some conservatives |
While there are some, less dramatic forms of nullification that are perfectly appropriate and constitutional—such as | While there are some, less dramatic forms of nullification that are perfectly appropriate and constitutional—such as | ||
- | states refusing to accept federal funds that come attached to federal | + | states refusing to accept federal funds that come attached to federal |
- | First of all, which state officer, institution, | + | First of all, which state officer, institution, |
- | Secondly, how can a state enforce its nullification of a federal law? For instance, if a state decides that the Affordable Care Act’s individual man-date is unconstitutional, | + | Secondly, how can a state enforce its nullification of a federal law? For instance, if a state decides that the Affordable Care Act’s individual man-date is unconstitutional, |
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- | //Continued to back page// | + | |
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- | {{article_16-implementtenthamendment_Image_2.png}}The powers not delegated to the United States by the Constitution, | + | |
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- | //Continued from front page// | + | |
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- | that doesn’t end, at some point, with armed conflict. | + | |
+ | {{: | ||
+ | ---- | ||
But for true conservatives whose goal is to conserve the original design of our federal system, the far more fundamental problem with this type of in-your-face nullification is the fact that it was not the Founders’ plan. | But for true conservatives whose goal is to conserve the original design of our federal system, the far more fundamental problem with this type of in-your-face nullification is the fact that it was not the Founders’ plan. | ||
- | Article VI tells us that the Constitution, | + | Article VI tells us that the Constitution, |
- | {{article_16-implementtenthamendment_Image_3.jpg}} | + | And then we have the Tenth Amendment |
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- | that they intended to assess the constitu-tionality of legislative acts. | + | |
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- | And then we have the Tenth Amend-ment | + | |
That missing process is found in Article V. Faced with a federal government acting beyond the scope of its legitimate powers—and a Supreme Court that adopts erroneous interpretations of the Constitution to justify the federal over-reach—the states’ constitutional remedy is to amend the Constitution to clarify the meaning of the clauses that have been perverted. In this way, the states can assert their authority to close the loopholes the Supreme Court has opened. | That missing process is found in Article V. Faced with a federal government acting beyond the scope of its legitimate powers—and a Supreme Court that adopts erroneous interpretations of the Constitution to justify the federal over-reach—the states’ constitutional remedy is to amend the Constitution to clarify the meaning of the clauses that have been perverted. In this way, the states can assert their authority to close the loopholes the Supreme Court has opened. | ||
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- | {{article_16-implementtenthamendment_Image_4.jpg}}{{article_16-implementtenthamendment_Image_5.jpg}}{{article_16-implementtenthamendment_Image_6.jpg}} | ||
You don’t have to take my word for it. | You don’t have to take my word for it. | ||
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- | {{article_16-implementtenthamendment_Image_7.jpg}} | + | ---- |
- | + | Sign the COS Petition, be a leader https:// | |
- | (540) 441-**7**22**7**|CONVENTIONOFSTATES.COM|Facebook.com/ConventionOfStates|Twitter.com/COSproject | + | Volunteer here https:// |
+ | ||[[https:// | ||
+ | (540)441-7227 | [[https:// | ||
documents/cosproject/surge/article_16-implementtenthamendment.txt · Last modified: 2021/02/23 16:14 by 127.0.0.1