Mark Levin Refuted: Keep the Feds in Check with Nullification, not Amendments !


crew-2231Comment by Jim Campbell, Citizen Journalist, Oath Keeper and Patriot.

 

What follows in the piece below written by Publius Hudah is and exchange between constitutional scholar and “another,” read more to find out who wins.

In the video included, the Tenth Amendment Center, through talk show host, Tom Woods  takes Levin, the self-annointed “Great one” to task with a $10,000 challenge to debate him, the loser paying to the others favorite charity.

This is and excellent piece once again H/T to Brea for the great lead. 

 

By Publius Huldah from her website.IMG_1402

What Mark Levin says in “The Liberty Amendments” in support of an Article V convention is not true.1

 

 

We note that the Oath of Office requires obedience to the Constitution alone.  The Oath does not require obedience to persons, to any agency of the federal government, or to any federal court.

We understand that resistance to tyranny is a natural right – and it is a duty.

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On one side of this controversy are those who want to restore our Constitution by requiring federal and State officials to obey the Constitution we have; or by electing ones who will.  We show that the Oath of Office at Art. VI, last clause, requires federal 2 and state officials to support the Constitution.  This requires them to refuse to submit to – to nullify – acts of the federal government which violate the Constitution.  This is how they “support” the Constitution.

We have read original writings of our Framers and know what our Framers actually told the States to do when the federal government violates the Constitution: Nullification of the unlawful act is among the first of the recommended remedies – not one of which is “amendment of the Constitution”.

It is already proved in James Madison Rebukes Nullification Deniers, that our Framers endorsed nullification by States of unconstitutional acts of the federal government.  Thomas Jefferson and James Madison summed it up as follows:

“…when powers are assumed which have not been delegated, a nullification of the act”4 is “the natural right, which all admit to be a remedy against insupportable oppression…” 5

The claims of the nullification deniers have been proven to be false.  To persist in those claims – or to do as Levin seems to do and ignore the remedy of nullification – is intellectually and morally indefensible.  So why don’t they apologize to the public and recant their errors?

Instead, they continue to tell us that what we need is a “convention of the States” (which Levin and his mentors insist is provided by Article V of the Constitution) to propose amendments to the Constitution, and that this is the only way out.

Yes, they tell us, the only way to deal with a federal government which consistently ignores and tramples over the Constitution is …. to amend the Constitution!

Do you see how silly that is?

 Levin’s Amendments

Levin starts his book by saying how bad things are and how the federal government has trampled and mangled the Constitution.  Those pages are true.  And they serve the purpose of making readers believe that Levin is “on our side”.  And because of that, many are induced to lay aside their critical thinking skills and accept on trust what Levin tells them. That is a deadly mistake.

Levin’s amendments actually gut our Constitution.  Most increase the powers of the federal government by making lawful what is now unconstitutional because it is not an “enumerated power”. Others put a band-aid on a problem without solving the problem. The amendments pertaining to “overrides” undermine the Constitution as the Objective Standard of what is lawful and what is not – and substitute majority vote therefor. 6

A Defective Constitution? Or a Disobedient Federal Government?

We must distinguish between defects within a Constitution, and a government’s refusal to obey the Constitution to which it is subject.  These are different problems calling for different remedies.

Entire article below.

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Judicial Supremacy: How Did this Far-Fetched Claim Originate?


crew-2231Comment by Jim Campbell, Citizen Journalist, Oath Keeper and Patriot.

The entire notion is a misunderstanding and taken completely out of context.

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The left uses it to adjudicate from the bench, i.e. judicial activism. 

If right leaning members of the Supreme Court did the same, abortion would be illegal already.

 

The Tenth Amendment Center

Michael Bolden

The supremacy of Supreme Court opinions in questions of constitutionality has evolved into an indisputable doctrine in the United States. Virtually nobody, particularly in the legal community, question the idea that the Court serves as the final decision maker when it comes to the Constitution. This view is nonsense.

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Georgia Lawmakers Announce Bill Nullifying ObamaCare


crew-2231Comment by Jim Campbell, Citizen Journalist, Oath Keeper and Patriot.

The-Tenth-Amendment

When Ben Franklin was asked by a woman following the Constitutional Convention, what have you given us?  He replied. ” the Tenth Amendments to the Bill of Rights, will you use it?

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Tenth Amendment website here.

Georgia State Representatives Announce Legislation Blocking Implementation of ObamaCare

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The Georgia State House: AP
By: Michael Boldin (Washington Times) 

Four Georgia State representatives announced today they would be introducing legislation to block Obamacare in their state.

Following the lead of South Carolina, where lawmakers are fast-tracking House Bill 3101 in 2014, the bill would, as Judge Andrew Napolitano said on Fox News this week, “gut Obamacare” in the state.

Based on the Tenth Amendment Center’s four-step plan to nullify Obamacare on a state-level, the legislation would ban state participation, assistance, or any material support for the Affordable Care Act.

State representative Jason Spencer (R-Woodbine) along with three other representatives will be holding a press conference on Monday, Dec. 16 to discuss the proposal.

“The bill’s main thrust is to prohibit state agencies, officers and employees of the state from implementing any provisions of the Affordable Care Act, leaving implementation entirely in the hands of the federal government, which lacks the resources or personnel to carry out the programs it mandates,” said Rep. Spencer in a press release.

Based on the long-standing legal principle, the anti-commandeering doctrine, the legislation is on strong legal grounds. In four major cases from 1842 to 2012, the Supreme Court has consistently held that the federal government cannot “commandeer” states, requiring them to enforce or expend resources to participate in federal law or regulatory programs. 

Read the full story at the Washington Times→

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Refuting more Historical Ignorance on Nullification


Comment by Jim Campbell, Citizen Journalist and Patriot.

The secessionist movement while interesting to contemplate can’t be taken seriously.

What those who abhor the Constitution want us to forget about is the 10th Amendment; and that’s not going to happen.

 

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For budget busting stupidity like ObamaCare, there are now 30 Republican Governors. 

When they begin to turn their back on federal health exchanges as some have already, the entire thing goes down as the financial fraud it has been since it’s inception.

That’s my story and I’m sticking to it, I’m J.C. and I approve the message.

The website Human Events published an article by Jarret Stepman in which he attacks nullification advocates.  In his article, “Secessionists and Nullifiers won’t Succeed,” Stepman agrees that citizens must resist federal power.

“There are far better options on the table, and more legal ways for citizens to resist the power of the federal government.”

However, Stepman says that nullification is not the answer. (more below)

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Gov. Rick Perry‘s Scathing Letter to HHS Saying That Texas Won’t Implement Parts of ‘Obamacare’


Jason Howerton

The Blaze

Comment by Jim Campbell, Citizen Journalist

Fox News reports. If Texas follows through and refuses to implement the health insurance exchanges, the federal government can choose to enact the changes itself.  Fox News would do well to check up on the Tenth Amendment. This is not an issue pertaining to the U.S. Constitution it pertains to an unwanted law passed by a runaway congress and a Marxist “resident.”

See the Tenth Amendment Centers position here.

That’s my story and I’m sticking to it, I’m J.C. and I approve this message

 

U.S. Health and Human Services Secretary Kathleen Sebelius should expect a scathing letter today from Texas Gov. Rick Perry explaining that the Lone Star State will not implement parts of the Affordable Care Act, affectionately known as “Obamacare,” even after the controversial law was upheld by the Supreme Court last month.

Texas Gov. Rick Perry Says Texas Will Not Implement Parts of Obamacare in Scathing Letter to DHS

Perry said in the letter Monday that Texas will not enact a state insurance exchange or expand Medicaid as laid out in the health care plan. The Texas governor previously joined other state lawmakers and vowed to fight Obamacare in court but never indicated his state would not comply with parts of the federal law.

(Related: TX Lawmakers Vow to Fight Obamacare, Ron Paul Explains Why Bureaucrats Will Call the Shots)

“If anyone was in doubt, we in Texas have no intention to implement so-called state exchanges or to expand Medicaid under Obamacare,” Perry said in a statement. “I will not be party to socializing healthcare and bankrupting my state in direct contradiction to our Constitution and our founding principles of limited government.”

From Perry’s letter (read all of it here): More below

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Tyranny Knows no Borders


The Tenth Amendment Center

by Igor Prohorov

EDITOR’S NOTE: Most Americans take freedom for granted. Igor Prohorov does not. He was born and spent his childhood in a country that suffered under one of the most tyrannical regimes in modern history.  His experiences, and those of his family, make his message that much more poignant.

I was born in small port-city of Kerch, Ukraine in 1986. Although I was only 11-years-old when I immigrated to U.S. with my family, I can still remember all the chaos that followed the collapse of the Soviet Union. Gangs ruled the streets; people were selling their own children at the Bazaars to get some money to buy food and pay rent. There was corruption all around, to put it simply.

Although these were tough times, the real tyranny was during the Soviet era. As many of you know, Stalin was a ruthless leader, a murderer who is responsible for more Russians deaths than even Hitler.

One of the people to suffer during Stalin’s regime was my step-grandfather. He was generous enough to sit down with me and tell his story, but was hesitant to go into many details. Alex (he refused to give out his last name), was one of the millions of people that were picked up on a random sweep by the security forces (KGB), and sent to Siberia to work in the Gulags. He was never given a reason for why he was arrested, and ended up serving a couple of years in the slave camps.

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Nullification our ticket to freedom and why the left doesn’t want us to know about it


Obama shreds the Constitution on a daily basis.

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Americans Push Back Against FDA Growing with the Tenth Amendment


Americans for Constitutional Government Reform/The Tenth Amendment Center

Comment by Jim Campbell

This brings new meaning to tell the Fed’s to back off as states begin to assert their Tenth Amendment rights.  For those that may have forgotten, The Tenth Amendment to the Constitution of the United 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.”

Already four towns in Maine have passed similar measures, and others around the country have indicated they’re looking at the same.

A county assembly in Washington State has just passed a food freedom ordinance which would punish federal agents with up to ten years in prison and $20,000 fines.

by Harold
Bernie LaForest and Michael Boldin, TAC

On July 20th, the Stevens County Assembly finalized the ordinance. They are now in the process of collecting signatures from the residents of Stevens County – urging them to to claim his/her natural right to grow, produce, purchase, and consume the foods of their choice.

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