Obamacare Has Sparked Tenth Amendment Reawakening

tony el
Not since the passage of the "New Deal" has there been a more full-frontal attempt by the federal government to impose its will on the citizens of the individual states. Though G.W's No Child Left Behind and PATRIOT ACTs greatly expanded the federal governments reach into jurisdictions of the several states, but the imposition of the unfounded mandate of the proposed universal healthcare bill that is being rammed through the halls of the U.S Congress will be excruciatingly painful to the states and it's people. This proposed bill will not only saddle the states with a sever financial burden, but will impose a multi-trillion dollar tab on every taxpayer and demand compliance by mandating that they get health insurance. Not since the imposition of the Draft has the hand of the central government reached into the states to demand performance of it's citizens subjecting them to penalty.

The most astonishing thing out of all the ruckus being blasted on the Established Media outlets is that hardly nothing is being mentioned of the Constitutionality of the bills demand on citizens of the states to perform due some federal mandate. Whether someone wants to get insurance for their health is a personal choice. Last I understood it, the constitution prevents the government from infringing on our liberties, such as freedom to chose, whether it is to be rich or poor, work for Mc Donald's or JP Morgan, or to be responsible for one's health or not. The fact that hardly no one from a whole party, the Republican Party, has voted for this bill should tell you something is very wrong with this proposal. At no time in recent history has this happened. It can not be simply excused by partisanship. If this was a half decent proposal, that would actually be good for the country, their constituents, don't you think half of the members from the other party would support it? But that's just it, this bill will suffocate the nation with debt for many generations to come, knock the financially teetering states over the cliff, and submit the U.S government and the nation to subordinate status to nations such as Communist China as in no time in the republic's history.

What this assault on the rights of the states has done is reignite conversation on the underutilized Tenth Amendment, "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."and the Seventh Amendment, which stripped the states of their particular representation in the Senate - the People's House - having the Senators to be elected as the members of the House, at large by the people of the States, rather than appointed by the legislatures of the several states. As many as fourteen states have introduced resolutions reclaiming their Tenth Amendment rights, following the lead of Texas and Oklahoma. Montana has passed a resolution to repeal the Seventh Amendment. There is without a doubt a sovereignty movement spreading across the nation, a reawakening of constitutionalism, though just under the surface, though ever so silent at the moment.

It has become more and more apparent in recent years that the government of the United States, the Congress, doesn't let the Law, or the Constitution, that they swore to uphold and protect, to stand in the way of their treacherous objectives. The courts, as well as the Founders, have repeatedly made the separation of jurisdictions between the federal and state governments clear:

"It cannot be denied that the character of the jurisdiction which Congress has over the district, is widely different from that which it has over the states; for, over them, Congress has not exclusive jurisdiction. Its powers over the states are those only which are specifically given, and those which are necessary to carry them into effect..." Cohens v. Virginia, 6 Wheat. 264, 5 L.Ed. 257 (1821)

"The government of the United States, as was well observed in the argument, is one of limited powers. It can exercise authority over no subjects except those which have been delegated to it. Congress cannot, by legislation, enlarge the federal jurisdiction, nor can it be enlarged under the treaty-making power... All powers which properly appertain to sovereignty, which have not been delegated to the federal government, belong to the States and the people." The Mayor, &c., of New Orleans v. United States 35 U.S. 662; 10 Pet. 662; 9 L.Ed. 573 (1836)

"Legislation of Congress, unless a contrary intent appears, is meant to apply only within territorial jurisdiction of the United States." Foley Bros. v. Filardo, 336 U.S. 281; 69 S. Ct. 575 (1949)

James Madison remarked in the Federalist Papers #14 regarding the separation of the central governments and that of the several states, "In the first place it is to be remembered that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any. The subordinate governments, which can extend their care to all those other subjects which can be separately provided for, will retain their due authority and activity. Were it proposed by the plan of the convention to abolish the governments of the particular States, its adversaries would have some ground for their objection; though it would not be difficult to show that if they were abolished the general government would be compelled, by the principle of self-preservation, to reinstate them in their proper jurisdiction."

It is crystal clear that the Founders intended for the federal government to be placed in a fenced yard and not ever allowed to play with the freedoms and liberties of those within the states neighborhood without explicit permission of the state. So, how is it that the congress critters can get away with such fictitious theater taken as fact? Simply put, it is due to the politically ignorance of the masses. Everything from the election of Obama and the progression of the agenda that has been shoved between cheeks of the American people is stark evidence of the corrosive governmental education system coupled with a complicit Establishment Media that has long forsaken its intended role as gatekeeper, government watchdog, and informer of the people.

For this republic to be as good as it can be it will take a politically engaged populace that doesn't just votes when prodded, but knows why they are voting and what and who they are voting for. The leaders will behave only if they know that they are being observed and will be held fully accountable. But, in order for that to happen, we the people must be educated on what it is that the government is supposed to be doing in the first place. What the governments proper role and function is. What the role of we the people are. We must care more about the destiny of the nation than those who are charged with governing. Reapplying the proper constitutional restraints on the federal government and reestablishing the voice of the people to our house is a critical start.

Published by tony el

The author, Tony El, is one who cares deeply for America, the greatest country ever created in the past 300 years, and is concerned with the disastrous direction in which it appears to be headed. Has always...  View profile

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  • AC_Cassie1/11/2010

    Thank you for your submission. Your article has been featured on AC's politics category.

  • Michelle Curran1/11/2010

    The last paragraph cannot be reiterated enough - We need to stand up and take back our rights and set this back into motion. Our country, our way.

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