[CTRL] The 10th Amendment

2002-02-22 Thread Bill Richer

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Don't look now but Massachusetts just made a 180 degree turn!  -- Bill

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Peace at any cost is a Prelude to War!


The 10th Amendment

The 10th Amendment is one of the most important safeguards against the
federal government encroaching the rights of the states. In the 1880's it was
known as the quarantine amendment. The State of Massachusetts would not
even join the Union until the 10th Amendment was accepted as part of the
Constitution.

In Judge Cooley's book , Constitutional Limitations, on page 706 it says: In
the American Constitutional system, the power to establish the ordinary
police regulations has been left with the individual States and it can not be
taken from them, either wholly or in part, and exercised under legislation of
Congress. Neither can the National Government through any of its departments
and officers, assume any supervision of police regulations of the States.

What is meant by police powers? The states' powers were health, education,
welfare, family affairs and police protection. Please read that sentence
again. Collectively they are referred to as the police powers of the
states. Clearly and unmistakably our founding fathers intended the states to
be in full control of health, education, welfare and police protection, and
not subject to federal government interference. The clear and unmistakable
language of the 10th Amendment prevents a federal police force interfering
with law enforcement in the states.  In the name of terrorism or Jack The
Ripper, the federal government nor any of its agencies ATF, FEMA, FBI, CIA,
etc. etc., has no right of interference into the local and State policing
duties.  And incidentally, there are many who believe that  TERRORISM is a
home-front POLICE issue, as I do as well. Have you ever noticed that the
federal government always makes its biggest advancements in growth, power and
money when it declares a war?  War on Drugs, War on Education, War on
Pollution, War on Poverty, War on Terrorism??  What war?  There has been
no declaration of war declared by Congress. Yet the people continue to fund
and support these unconstitutional acts of government.

The most important feature of the 10th Amendment is that it fixes limitations
on the federal government which is one of delegated powers and not original
powers. This makes it impossible for the federal government to take any power
by inference. The power to be taken, or exercised must be clearly expressed
in the Constitution or it cannot be taken. In Article V there is the right to
amend but not to make new. It would not be an amendment to abolish the
Constitution and adopt the Communist Manifesto or the laws of another
country. An amendment has to be something germane to the instrument; it must
be something already in the Constitution or it fails the test of an
amendment. Making a new Constitution would only be binding to the states that
agreed to be bound by it and could not become a part of the Constitution
until every state adopted it. What this means is, no one can alter the 10th
Amendment nor twist it to suit their own purpose, nor can the federal
government do anything which is not in its delegated powers, Article I, Sec.
8, Clauses 1-18. The 10th Amendment fixes the type of limitation upon organic
law, and makes the federal government one of delegated powers and not
original powers.

The 10th Amendment puts police powers, health, education, and welfare out of
reach of the central government and gives these powers solely to the states.
The rape of the 10th Amendment has been a highlight of  every administration
for the past 100 years.  And it has long been the desire of the communist,
socialist and liberals to get bills passed at break-neck speeds that would
negate the 10th Amendment. This would allow the federal government to control
education, health, welfare, and policing.  One of the most serious violations
of the 10th Amendment occurred when President Teddy Roosevelt twisted and
squeezed the Constitution in defiance of the 10th Amendment creating the
Federal Bureau of Investigation. The Federal Bureau of Investigation was
established by an unconstitutional act called executive order.   Because
the Constitution does not allow a Federal Police Force.  (You may recall a
recent article from Congressman Ron Paul on FEDERAL POLICE FORCE IS
UNCONSTITUTIONAL.) If our nation were obedient to the Constitution, the FBI
would be no more than security guards guarding federal property. Today, the
FBI and the CIA is one of the greatest threats to citizens' liberties in
America. A large proportion of the FBI's methods of collecting information
are not subject to public accountability, which is the very reason why the
founding fathers decreed that there could be no central police apparatus and
law enforcement was left up to the states under the 10th Amendment.

In most states we have Constable's and we have Sheriff's. They are the
supreme law 

Re: [CTRL] The 10th Amendment (fwd)

1999-08-15 Thread Dave

 -Caveat Lector-

What is the NUMBER of this Executive Order?

An EO MUST be PUBLISHED in order for it to go into effect.

Let's see it?


Dave Hartley
http://www.Asheville-Computer.com
http://www.ioa.com/~davehart


-Original Message-
From: Conspiracy Theory Research List [mailto:[EMAIL PROTECTED]]On
Behalf Of Zombie Cow
Sent: Saturday, August 14, 1999 8:30 PM
To: [EMAIL PROTECTED]
Subject: [CTRL] The 10th Amendment (fwd)


 -Caveat Lector-

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   SIGHTINGS




  New Executive Order On
  Federalism - Latest Assault
  On The Constitution
   Comment
   By Brad Bernards [EMAIL PROTECTED]




 Amending the 10th Amendment

 -August 10, 1999-

 On August 5, President Clinton signed an Executive Order on
 Federalism, the division of power between Washington, D.C.
and
 the States. The President claims Constitutional authority
to turn our
 Constitution on it's head. This executive order, which I
have read,
 seeks to guarantee the division of governmental
responsibilities
 intended by the Framers of the Constitution. The Tenth
Amendment
 to the Constitution, part of the Bill of Rights, does not
need to be
 clarified. I have quoted the Constitution before and I
proudly do it
 again: "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." That's the tenth
amendment,
 and any attempt by President Clinton to improve on it will
most
 certainly not be to the benefit of the states or the
people.

 This is an outright attempt by the federal government to
take from
 us power we have yet to claim but, nonetheless, is still
ours under
 the Constitution. The Constitution enumerates the powers of
the
 federal government - they are finite and limited
intentionally. The
 President, through each and every agency, would like to
impose
 federal rules and regulations absorbing powers that are, as
of yet,
 unclaimed by the states. The previous attempt to steal away
our
 power last year in Executive Order 13083 was met with much
 opposition after it was exposed. He had created the
document
 without the input of those affected. It was later
suspended, and now
 revoked as this EO replaces it. Amending the Constitution
takes the
 congress and all 50 States but the President may do it,
unnoticed,
 through an Executive Order

 The document is clever because it now has the input of
many,
 although we don't know specifically who, and on the surface
 appears quite benign. The AP reports that state and local
officials
 appear satisfied with the rewritten order. The language of
this
 Executive Order is indeed deferential to the states. The
document
 reads well until you discover that all the input gathered
from state
 and local government, the consulting with state and local
officials on
 developing standards and the opportunity for participation
in
 rulemaking proceedings is just that much talk. I see
nowhere in the
 document that any input be digested at all. Federal
agencies will be
 able to do what they want provided they follow the
prescribed
 method which is not much more than whoops to placate the
 intergovernmental organizations concerned. The federal
government
 can and will put into force any rule they want with or
without the
 approval of anyone.

 The White House's own press release says: "...the Order
makes
 clear that federal action is appropriate in the presence of
a problem
 of national scope or significance." This statement by
itself admits
 that the Executive Branch can make anything their business
and
 have an agency create federal rules to govern it. At a time
when we
 need to pare back the federal government, they seem intent
on
 grabbing any remaining power not nailed down by claim of
the states
 or the people.

 The United States Constitution is a magnificent document
and
 Clinton would do best to read it and follow it. Instead,
he's going to
 fix it. He calls it strengthening

Re: [CTRL] The 10th Amendment (fwd)

1999-08-15 Thread [to:] [EMAIL PROTECTED]

 -Caveat Lector-

  New Executive Order On Federalism - Latest Assault On The Constitution
   Comment
   By Brad Bernards [EMAIL PROTECTED]

 Amending the 10th Amendment

 -August 10, 1999-

 On August 5, President Clinton signed an Executive Order on Federalism, the
division of power between Washington, D.C. and the States. The President
claims Constitutional authority to turn our Constitution on it's head. This
executive order, which I have read, seeks to guarantee the division of
governmental responsibilities intended by the Framers of the Constitution.
The Tenth Amendment to the Constitution, part of the Bill of Rights, does not
need to be clarified. I have quoted the Constitution before and I proudly do
it again: "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." That's the tenth amendment, and any attempt by President
Clinton to improve on it will most certainly not be to the benefit of the
states or the people.  This is an outright attempt by the federal government
to take from us power we have yet to claim but, nonetheless, is still ours
under the Constitution. The Constitution enumerates the powers of the federal
government - they are finite and limited intentionally. The President,
through each and every agency, would like to impose federal rules and
regulations absorbing powers that are, as of yet, unclaimed by the states.
The previous attempt to steal away our power last year in Executive Order
13083 was met with much opposition after it was exposed. He had created the
document without the input of those affected. It was later suspended, and now
revoked as this EO replaces it. Amending the Constitution takes the congress
and all 50 States but the President may do it, unnoticed, through an
Executive Order  The document is clever because it now has the input of many,
although we don't know specifically who, and on the surface appears quite
benign. The AP reports that state and local officials appear satisfied with
the rewritten order. The language of this Executive Order is indeed
deferential to the states. The document reads well until you discover that
all the input gathered from state and local government, the consulting with
state and local officials on developing standards and the opportunity for
participation in rulemaking proceedings is just that much talk. I see nowhere
in the document that any input be digested at all. Federal agencies will be
able to do what they want provided they follow the prescribed method which is
not much more than whoops to placate the intergovernmental organizations
concerned. The federal government can and will put into force any rule they
want with or without the approval of anyone.  The White House's own press
release says: "...the Order makes clear that federal action is appropriate in
the presence of a problem of national scope or significance." This statement
by itself admits that the Executive Branch can make anything their business
and have an agency create federal rules to govern it. At a time when we need
to pare back the federal government, they seem intent on grabbing any
remaining power not nailed down by claim of the states or the people.  The
United States Constitution is a magnificent document and Clinton would do
best to read it and follow it. Instead, he's going to fix it. He calls it
strengthening the partnership. He says that the Federal government and State
and local governments should work together as partners. He wants to be my
partner and my State's partner for the simple reason that we have something
that he wants - power. After all, he didn't sign an Executive Order promising
to limit the reach of the federal government. This will make government
bigger. It will compromise our individual rights to the powers reserved to us
by the Constitution and will compromise the sovereignty of every state in
this union.  You have to remember who wrote this Executive Order. The word
"is" appears 24 times. This is a man who will trick you with verb tenses. He
has proven that he will make a statement that says the exact opposite of what
he means. Now, he has made a statement that implies he is protecting the
Constitution. It is the work of smarter people than me to take his words
apart - to dissect the 7 pages of this order to see if it looks anything like
the 28 words of the tenth amendment.  We have 90 days from August fifth until
this Order takes effect. It's going to be harder this time around to expose
this Clinton Lie now that he has received input from those affected. So far,
I have no hope the major media will jump on this without pressure. It's our
power he wants, so it's our responsibility to stop him.

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