gdp's Comments

Oregon Tenth Amendment Center : Rules of Construction

Thu, 4 Aug 2011 15:33:19 +0000

I believe the rules of construction (he talks about) come from Rutherforths. Raoul Berger has an excellent section in the book Government by Judiciary about interpretive "law". I highly recommend it if you are interested

Tenth Amendment Center : Allen West: Tea Party Statist

Fri, 25 Mar 2011 07:41:10 +0000

I am surprised to see so many people upset with someone simply pointing out the facts. If there was someone to do this in 2000 when the Republican party decided to ignore all the promises they made (refrain from nation building, privatize social security, shrink govt. etc...) maybe Obama would not have been elected, the govt. would not have grown faster than at any period prior, and GWB would have lost in the primary in 2004, to allow a small govt. conservative who deserves the name to hold office. The Constitution sets out powers to be exercised by Congress. One of those powers is not to improve, or establish airports/infrastructure. One of those powers is to declare war before authorizing the President to engage in destructive warfare. The votes are listed in the article, and the reader is rightly left to judge for himself if these dubious votes really represent true fidelity to the Constitution. Why is it when the wool is pulled away from some peoples eyes they cover them up again with their hands?

Oregon Tenth Amendment Center : Urgent SB498 Obamacare Nullification may not even get a Hearing in Oregon

Thu, 3 Mar 2011 03:51:23 +0000

Thanks for your attention, and action. I understand this sort of action takes courage. I can't really tell how likely it is that we will succeed taking actions to push the legislature forward. I do however, know that if we do not take action nothing will change. In the long run, I believe that even if the Supremes rule Obamacare "unconstitutional" it is still only a temporary reprieve, as in the future, some supreme court will have a majority, and will rule it "constitutional".

Oregon Tenth Amendment Center : After Nullification... Then What?

Wed, 17 Nov 2010 08:48:54 +0000

Thanks Stephen, I've been trying to get people to donate for just such an action (statewide) but have been unsuccessful. I brought it up at 912, and they seem to think people don't read anymore. I'm gonna try at AFP, and see what they say. I guess the best I could do would be to send one to my legislators as well (BTW they are Shawn Lindsey, and Bruce Starr).

Tenth Amendment Center Blog : The Evil, Radical 10th Amendment

Sat, 30 Oct 2010 10:04:24 +0000

I think it is important to point out to people that we are not precluding a legal version of these programs (Medicare/Medicaid/Social Security)being passed, as they are nullified. They are for the most part legal when enacted at the state level (assuming the state Constitution does not bar them).

Tenth Amendment Center : No Longer Will We Stand Idly By

Fri, 29 Oct 2010 08:29:55 +0000

You said "the north essentially rewrote the Constitution by adding the 13th, 14th and 15th amendments. One could believed that nullification will serve as a check on the national government,but that issue has been settled and those who believe otherwise are deluding themselves" You overlook the fact that the 10th amendment is still in force, it has not been repealed, and take precedence over the Supremacy, Commerce, Necessary and proper, and "general Welfare" clauses by construction. The Federal government has not been granted any vast new powers by these (fraudulently passed) amendments, they certainly have not been made master over their principles. The Supreme Court is still just a branch of the Federal Government, and does not have any jurisdiction over the Constitution at all (it is a creature of it). State Nullification never has been, and never will be supported by the Supreme Court, nor does it need to be. If a state opts out of an unconstitutional Federal law, they are simply opting out for a small portion of the country (the rest of the sheep are free to be herded). This is the peacefull way of allowing withdrawing of consent to govern, without a huge nasty war.

Tenth Amendment Center : No Longer Will We Stand Idly By

Fri, 29 Oct 2010 08:29:31 +0000

You said "The 13 American colonies rebelled against England, won the war and became an independent country.". You are incorrect, they formed 13 independant nations, according to the treaty of Paris, all 13 were spelled out individually as victorS.

Tenth Amendment Center : Who Decides?

Tue, 5 Oct 2010 07:44:49 +0000

I agree, but once something is an amendment, it is for all intents, and purposes part of the constitution, and in common law it is actually superior to the original document. A sad quandary that we put ourselves in when we ratified that one...

Tenth Amendment Center : Who Decides?

Sun, 3 Oct 2010 10:31:11 +0000

While in actuality you are correct (a state could do this), normally when I refer to a "nullification" I am speaking specifically of a state passing laws to cancel a law which is unconstitutional, canceling a law which is fully constitutional would be something else not "nullification". It would also be a violation of the Supremacy clause which would (in principle) compel the executive branch into "enforcing" the Constitution. weather that be thru military action, or something else is anyone's guess.

Tenth Amendment Center : Who Decides?

Sat, 2 Oct 2010 11:08:59 +0000

It is very dificult to contend that the Constitution itself is "unconstitutional", there are some conspiracy theorys which are pretty convincing (about the ratification of it), but after all these years challenging on proceedural grounds seems kind of weak. The one thing that can be done (IMO) is to nullify the unconstitutional items they spend their tax revenue on, somewhere around 60-80 percent of what they do is unconstitutional. Some sort of "Federal Tax Escrow Acct." could be set up to collect the tax money intended for the federal govt., and give the feds the revenue for only the Constitutional projects. The rest could be used for state projects, or returned to the taxpayers.

Tenth Amendment Center : John Kroger: Slavemaster For the Feds?

Sun, 19 Sep 2010 07:09:15 +0000

Lets face it, our Federal Representatives have completely ceased the facade that they care what we think, but I expected more from our state government, If they are who we are counting on to push back against the Feds, they're gonna need to get off their hands and knees, and stop kissing butt first.

Tenth Amendment Center : John Kroger: Slavemaster For the Feds?

Sun, 19 Sep 2010 06:32:29 +0000

This guy is not up for reelection till 2012. Ron Wyden (our statist senator up for reelection right now)has been forced to beg the federal government (of course without success) for exemption from Obamacare, and meanwhile our state government is doing bupkis, even worse they are opposing efforts to cut off this catastrophic bill at the pass. Ironically by passing socialized healthcare nationally, Oregons system had the legs cut out from under it (because it relied on the part of medicare which got cut in the bill), funny how things work out...

Tenth Amendment Center Blog : Freedom isn’t Free. Especially when the IRS is involved.

Wed, 25 Aug 2010 02:19:09 +0000

Michael, I gotta agree with the majority. Live free or die tryin. Becoming a pawn of the Feds is simply several very small steps (such as the one in question) further, and once you take one step the next one gets that much easier Better for us to stay pure, unsubsidized, and unrestricted..

Oregon Tenth Amendment Center : As I Said Libertarians Just Don't Get It!!

Wed, 25 Aug 2010 02:00:08 +0000

Bill we are still left with the question of what will make the Federal government abide by a Constitution which is simply a little longer, but still has no method of enforcement (which would be nullification) that would be like thinking making murder illegal would stop murder (and that is just silly).

Oregon Tenth Amendment Center : As I Said Libertarians Just Don't Get It!!

Sat, 21 Aug 2010 17:30:17 +0000

Well the legal justification for the state nullifying federal statutes is that the states are given that power in the tenth amendment, and the structure of the US Constitution as a grant from the states (each acting as a sovereign power at the time of ratification) of power to the feds. Since there is no such legal relationship between cities/counties/townships and the state, legally it could not be the same. That is not to say I disagree with the idea, just legally it would be different, due to the fact that unlike the Federal Govt., the State Government has general governmental authority, and as long as they stay inline with their own state constitution, and the very few restrictions imposed within the US Constitution, may do as they please. All that being said I believe government structured as you say (localities able to nullify state statutes) would be superior in nature, and would afford much greater freedom, and prosperity than the current system.

Oregon Tenth Amendment Center : Where are the Arguments to Defend my Rights and Freedoms?

Sun, 8 Aug 2010 04:15:09 +0000

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Oregon Tenth Amendment Center : Where are the Arguments to Defend my Rights and Freedoms?

Sat, 7 Aug 2010 17:20:51 +0000

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Oregon Tenth Amendment Center : Tea Party Declaration of Independence from Political Party Loyalties

Tue, 27 Jul 2010 22:17:10 +0000

Thank you for commenting, your article is well... appropriate, and I agree that the tea party needs to maintain their independance. That being said, I do believe that there are more than a few new choices within the two major parties who are running campaigns that put forth platforms in common with the tea party. If the advocacy which your article demonstrates is for these candidates, and is not applied in a more general sense (and I haven't been in Mi for about 20 years so I dont know if it is or isn't), do you think it is inappropriate?

Tenth Amendment Center Blog : Words Mean Things...

Fri, 23 Jul 2010 12:51:36 +0000

or this one from Madison "Americans need never fear their government because of the advantage of being armed, which the Americans possess over the people of almost every other nation." Or this one from Washington "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence. The church, the plow, the prairie wagon, and citizen's firearms are indelibly related. From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and the pistol are equally indispensable. Every corner of this land knows firearms, and more than 99 99/100 percent of them by their silence indicate they are in safe and sane hands. The very atmosphere of firearms anywhere and everywhere restrains evil interference; they deserve a place with all that's good. When firearms go, all goes; we need them every hour." The founders believed in the right of all the citizens to keep and bear arms.

Tenth Amendment Center Blog : Words Mean Things...

Fri, 23 Jul 2010 12:51:25 +0000

If the Constitution means (as every contract does) what it meant when it was signed, then the quotes of the founders should decide this debate like this one from Sam Adams "The said constitution shall never be construed to authorize Congress to prevent the people of the United States who are peaceable citizens from keeping their own arms.",