Posts Tagged ‘Constitutional Government’

Con Law: A Law School Con

Sixteen years ago I won the Book Award in Constitutional Law at the University of Florida College of Law.  By Constitutional Law, I mean U.S. constitutional law as seen through the eyes – and pens – of the politically-appointed lawyers sitting on the federal government’s supreme court. I learned nothing about the blatantly unconstitutional (and […]


A Careful Look at an Opposing View

A Careful Look at an Opposing View

In his article, How to Disagree, Paul Graham describes a hierarchy of disagreement which can help us evaluate the strength of an argument.  This hierarchy is illustrated by Wikipedia, like this: According to Graham, level DH4 – Counterargument – is, “the first form of convincing disagreement.”  Graham also says that, “Forms up to this point […]


Quote: The American Doctrine

Quote: The American Doctrine

The American doctrine is the logical resultant of the philosophy of the Revolution. If men are all equal in the sense that they have equal rights, if they form governments to protect those rights, then there must be somewhere a fundamental set of rules which delineates those rights and lays down the terms on which […]


Why Nullification? Three Arguments

  Introduction Writing for the Tenth Amendment Center, a person finds oneself spending a lot of time and pixels defending the concept of nullification.  These defenses generally take the form of answers to two questions.  Is nullification a legally valid concept?  Is nullification a good idea?  The arguments about whether or not nullification is a […]


Why We Need a Constitution

Bear with me.  We need some background before I get to my point. In the article, “On Violence, Government, and Self-Deception”, I offered three possible philosophical stances on violence.  Those were, 1.) Pacifism: No violence under any circumstances; 2.) Non-Aggression: Defensive violence is allowed, aggressive violence is not; 3.) The end justifies the means.  Aggressive […]


Nullification Flames Spreading

Cross posted from TenthAmendmentCenter.Com Last week, I sat on a panel flanked by a Commonwealth Foundation activist discussing Obamacare expansion in Pennsylvania and the co-author of Glenn Beck’s novel Agenda 21 discussing one-world government creepiness. The state nullification angle – mine – was enthusiastically embraced by the group, most of whom never heard of Tom […]


Language Should Be For Communication, Not Control

Language Should Be For Communication, Not Control

“The great enemy of clear language is insincerity”, George Orwell When I was a young child, maybe 4 or 5 years old, we had a house keeper named Emma, who happened to be negro. colored. Afro American. African American. black.   Forty or so years later, I still remember her humming while she dusted the living […]


Memo to Voters: HOUSE BILL 357, RIGHT TO BEAR ARMS PROTECTION ACT

Memo: HOUSE BILL 357, RIGHT TO BEAR ARMS PROTECTION ACT TO: PENNSYLVANIA VOTERS FROM: BENJAMIN GROSS, LEGAL DIRECTOR, PENNSYLVANIA TENTH AMENDMENT CENTER DATE: MARCH 1, 2013 SUBJECT: HOUSE BILL 357, RIGHT TO BEAR ARMS PROTECTION ACT In mid-January, State Representative Daryl Metcalfe proposed the Right to Bear Arms Protection Act (HB 357) which nullifies all […]


The Supreme Court’s Game of Thrones

The Supreme Court's Game of Thrones

“In a room sit three great men, a king, a priest, and a rich man with his gold.  Between them stands a sellsword, a little man of common birth and no great mind.  Each of the great ones bids him slay the other two.  ‘Do it’ says the king, ‘for I am your lawful ruler.’  […]


A Tenther’s Guide to the Fiscal Cliff

A Tenther’s Guide to the Fiscal Cliff

Cross posted from blog.tenthamendmentcenter.com and Sweaty Federalist. Watching Republicans and Democrats squabble over the so-called fiscal cliff is like watching a duo of burglars arguing over who keeps your flat screen television.  No matter which party prevails, you lose. Tenthers, as a class, tend to be more pre-occupied with the liberty cliff, whose precipitous incline […]


Three Futures

Cross posted from TenthAmendmentCenter.Com As the equilibrium that is democracy sways between Republican Mitt Romney and Democrat Barack Obama, I thought it worthwhile to paint a portrait of three futures. For ease of description I will call them “Basketcase”, “MBA America” and “The Second Republic.” For grading purposes I adhere to the classic American ‘A’ […]


Basic Logic for Tenthers

Introduction As I have noted in earlier articles, my background is in mathematics and in Information Technology.   To put it colloquially, I’m a geek.  Before starting with the Tenth Amendment Center, getting involved in politics is just about the last thing I would have ever imagined for myself.  I would very much prefer to let […]


Saving the Constitution: An Introduction

Cross Posted from the Tenth Amendment Center. Much is being written about certain flaws in the character of Chief Justice John Roberts.  Conservatives are of the opinion that Roberts was moved to uphold Obamacare due to the persuasive force of The New York Times editorial pages. Libertarians suspect mental defects caused him to replace the […]


If You Have an Ally, Don’t Go It Alone.

If You Have an Ally, Don't Go It Alone.

There is a point that I think I’ve been trying to get to for much of the time that I’ve been working with the Tenth Amendment Center.  Unfortunately, I don’t think I’ve done a very good job at getting there.  I’ve written a few articles that skirted past it and danced around it, but I […]


“Vote the Bums Out” Is Not the Answer

This is an e-mail I wrote to a local grassroots leader earlier.  It is written in response to the supreme court ruling on the Patient Protection and Affordable Care Act .  As long as I wrote it…  may as well go ahead and post it.  Sorry for letting a couple grammar errors sneak past. Plain and simple, Washington is never […]


National Review’s War on Liberty

Cross Posted from the Tenth Amendment Center Blog. Once upon a time National Review brimmed with intellectually relevant conservative ideas.  It stood athwart history and yelled stop, or so it was introduced.  Post-William F. Buckley, Jr. it has become a dull sounding board of the Republican Establishment.  Take intern Nathaniel Botwinick’s fact deficient treatment of […]


Press Release: Constable of Sunbury’s 9th Ward to Sign Resolution Opposing NDAA

Pennsylvania State Constable Ed Quiggle, Jr., the elected Constable for the City of Sunbury’s 9th Ward, will sign a resolution in opposition to the National Defense Authorization Act of 2012, also known as the NDAA, on Saturday, May 26th, 2012 at 10 a.m., in Cameron Park directly across the street from the Northumberland County Courthouse […]


Surprise: Pennsylvania representative doesn’t want to do his job

By Mike Maharrey, cross posted from the Tenth Amendment Center blog. A Republican state representative in Pennsylvania wants to turn over his elected responsibilities to the federal government. The Raymond P. Shafer Compassionate Use Medical Marijuana Act would allow qualified patients in Pennsylvania to legally use marijuana for medicinal purposes. It would also allow patients […]


18th Century Meanings of Happiness and Liberty

In this Glenn Beck interview, http://youtu.be/mZ-2sjaLsCI Rick Santorum tells us that the 18th century definition of happiness is, “to do the morally right thing”.  When I heard this, I was surprised and fascinated, but also suspicious, so I decided to see if I could confirm that.  First, I checked the Dictionary of the English language […]


Action Alert: Tell Governor Corbett, Say "NO" to the Health Care Exchange

This came in e-mail from Mark Driver of the Valley Forge Patriots PATRIOTS, Governor Corbett recently (and very quietly) decided to move ahead with a federally approved health insurance exchange for Pennsylvania.  This move serves to legitimize Obamacare (PPACA).   There were a couple of Insurance Department hearings on this that included testimony from the usual […]


CEI: Is the Constitution a Threat to Liberty?

Matt Peterson at the blog of the Competetive Enterprise Institute, writes, … Article 1, Sec. 8, the infamous “Commerce Clause” grants the federal government the power to “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” And ever since it was written, this seemingly open-ended phrase has been […]


On General Welfare

In response to my recent essay, “The Tenth Amendment Prohibited the Living Constitution“, I received an e-mail which informed me that, ” the Constitution … gives Congress the power to make all laws necessary to execute its powers, including the power to provide for the general welfare, which has to include public health and safety.” This […]


The Tenth Amendment Prohibited The Living Constitution

The Tenth Amendment Prohibited The Living Constitution

Usurpation: The act of usurping, especially the wrongful seizure of royal sovereignty. A wrongful seizure or exercise of authority or privilege belonging to another; an encroachment As readers of this web site are doubtless aware, the Tenth Amendment says, The powers not delegated to the United States by the Constitution, nor prohibited by it to […]


The Tenth Amendment in Central Montgomery County

I was pleased to deliver the presentation below to the Philadelphia Tea Party Patriots of Central Montgomery County on Thursday evening (September 8, 2011). It was encouraging to see this group in action, with it’s focus on the core issues of Fiscal Responsibility, Constitutionally Limited Government and Free Markets. Central Montgomery County is one of […]


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