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State Sovereignty Movement - USA Amendments 9 and 10

Updated on July 2, 2016
Linda BookLady profile image

I'm the owner of the FightCPS website. I'm concerned about false accusations of child abuse and neglect, and the children involved.

State legislators are fighting back against unconstitutional federal laws!

The United States is in turmoil. Some state legislators seek to decrease the problems involved with federal bureaucracy by reaffirming the rights of states to US Constitutional protections.

The Tenth Amendment to the US Constitution isn't being honored by the federal government, yet states continue to abide by federal statutes and mandates which the federal government had no Constitutional right to enact. It is unclear how these state sovereignty laws may be used in the future, but their language is clear:

"Many federal mandates are directly in violation of the 10th Amendment to the Constitution of the United States..."

"...this measure shall serve as notice and demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers..."

(Quoted from the California State Sovereignty Law)

Image above: US Flag, Constitution, by Terry Why - You can buy this at AllPosters.Com

This page was made by Linda Jo Martin, author of River Girl.

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The Problem

The United States Congress has no Constitutional right to create laws on education, child welfare, drugs, health, abortion, and many other topics, yet it has been doing so for many years.

The Tenth Amendment to the US Constitution

The Tenth Amendment 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."

For more information: The Tenth Amendment Center.

What is State Sovereignty? - "These two words hold the key to freedom from the suffocating weight we all feel bearing down upon us by the federal government."

The United States Constitution - So what does the Constitution allow the federal government to make laws about?

The federal level of government in the USA is limited to laws on these topics, according to the United States Constitution, Article I, Section 8:

Article I, Section 8 - Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

"The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people."

- James Madison, from The Federalist

What is the Supremacy Clause? - ...can the federal government be more powerful than the states?

So why has the federal government enacted laws on other topics, and why have the states allowed the feds to tell them what to do

...money, what else?

The federal government has created laws on many other topics, for many years now. The states were promised federal funding if they were compliant with these laws. Sure, any state could simply refuse to comply, but they don't.

Consider, for example, child welfare laws. In 1973 the Child Abuse Prevention and Treatment Act (CAPTA) was passed, and states immediately started setting up compliant child welfare programs so that they could get their share of the federal funding for child welfare programs. Social workers were trained, giving them jobs. Support personnel were tapped to provide "services" - all of which were reimbursed by the Social Security Fund. Mandated reporter laws were created in each state to comply with federal law.

There we see that though there was no Constitutional right for the federal government to enact or impose laws on the states, all the states willingly went along with this program so they could get money from federal funding streams.

This is one of many issues that were legislated on at the federal level, which states rushed to implement, all for the love of money.

"...whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force..."

- Thomas Jefferson, Kentucky Resolutions of 1798

Ninth and Tenth Amendments

Ninth & Tenth Amendments: the Right to More Rights (The Bill of Rights)
Ninth & Tenth Amendments: the Right to More Rights (The Bill of Rights)

Every American should know their rights = and to understand what's gone wrong with our country, we should all have a good understanding of the Ninth and Tenth amendments to the US Constitution.

 

The Solution

States are enacting legislation that indicates that they want to take back their sovereignty.

State sovereinty laws

...a proclamation honoring a right they already have.

Several states currently have state sovereignty legislation in progress. A few enacted state sovereignty legislation in the early 1990s.

The Tenth Amendment and State Sovereignty

The Tenth Amendment and State Sovereignty: Constitutional History and Contemporary Issues
The Tenth Amendment and State Sovereignty: Constitutional History and Contemporary Issues

Understand the issues. What went wrong with America? Hint: entitlement programs. There are too many federal laws about issues that are supposed to be decided by state governments only.

 

The Bill of Rights

The Bill of Rights: Creation and Reconstruction
The Bill of Rights: Creation and Reconstruction

If you don't know what your rights are, you should. Seriously. Know your rights. Yes, the Constitution has been shredded by shrewd politicians while Americans were "sleeping" ... but if enough of us understand the value of the Constitution, we can restore it.

 

Your comments are welcome!

Submit a Comment

  • profile image

    WinWriter 4 years ago

    Well researched and informative lens. Thank you for posting. I, too am disturbed by the lack of regard for our Constitution.

  • profile image

    Bartukas 4 years ago

    lot of information great kebs

  • delia-delia profile image

    Delia 5 years ago

    What has happened to America! I came to a country of freedom and a new start and become a citizen. It was different during the early years, it breaks my heart to see what is going on in this country now, but it still is the Best country, and it's the citizen's responsibility to make sure of this...wake up America!

  • profile image

    anonymous 5 years ago

    The Feds are interpreting the commerce clause as a means to do all this. This is why words scribbled on parchment are meaningless...the Constitution is meaningless. It does not matter what it says, the real power is with those that get to interpret it. People need to stop looking at words scribbled on parchment as a means of freedom. Words can be easily interpreted to mean anything the government says they mean.

    Read my Lens and watch the video:

    http://www.squidoo.com/words-scribbled-on-parchmen...

  • OhMe profile image

    Nancy Tate Hellams 5 years ago from Pendleton, SC

    I am so very concerned about the federal government taking more and more control of our lives. We have got to do something now before it is too late.

  • profile image

    Edutopia 5 years ago

    Article 1, Section 8, Clause 3 expressly gives Congress the authority to regulate commerce among the states. Therefor any economic activity that occurs between the states is subject to federal regulation.

    For what constitutes commerce between the states I refer you to the many many many Supreme Court cases (the vast majority of which were penned by conservative justices) that expand on this idea.

  • profile image

    anonymous 5 years ago

    More people need to read this. I am a STAUNCH supported of States Rights. We are the UNITED STATES of America, not the FEDERAL CONTROL of America! Both parties are taking us to ruin and that is why I am running for President of the United States. Here, in the first of upcoming lenses, is how I will save the economy. Painful? You bet! But far less than if we let this go on any longer! http://www.squidoo.com/how-i-would-handle-the-us-b...

  • Einar A profile image

    Einar A 5 years ago

    Good information here--we really need to see the 10th amendment restored, and state sovereignty respected.

  • profile image

    JoeRichter 6 years ago

    This is a great lens, more people in this country need to be educated on what the Founding Fathers intended for our country. Thanks for your good work!

  • profile image

    mrducksmrnot 6 years ago

    Well put and to the point. I would love to have this as a featured link on my page

    http://www.squidoo.com/education-on-the-constituti...

    with your permission.

  • BFunivcom profile image

    Allan R. Wallace 8 years ago from Wherever Human Rights Reign

    The Constitution and the Bill Of Rights are the supreme laws of America. It is up to the citizens to judge other laws and bring them into compliance or remove them through jury nullification.

  • Brookelorren LM profile image

    Brookelorren LM 8 years ago

    Good lens.

  • profile image

    kaebee 8 years ago

    i am so glad for the soviernty act i only hope that north dakota will also propose this for our state thank you