Brian

Brian

20p

16 comments posted · 0 followers · following 0

227 weeks ago @ Virginia Tenth Amendme... - VA Attorney General Ex... · 0 replies · 0 points

It's like talking to a brick wall or in this case the responses sound more like a two year old.

227 weeks ago @ Texas Tenth Amendment ... - 14 Governors Threatene... · 0 replies · +1 points

Great post Monorprise.

228 weeks ago @ Texas Tenth Amendment ... - The EPA can go to Hell... · 0 replies · +1 points

Thanks Gumply!

229 weeks ago @ Texas Tenth Amendment ... - The EPA can go to Hell... · 3 replies · +1 points

Hi Gumply, back-patting author here... if Texas wants to add "tar and feathers" to any EPA nullification legislation I'll be ecstatic. :)

I write articles in the hopes that more people will better understand the problem and begin to feel the way you do about the crooks in DC. I will bet you that 90% of the people think that the federal govt has a constitutionally sound argument for the EPA or Obamacare or any of thousands of issues. The fact is they do not. Most people are still asleep, many will stay asleep, but right now there is some level of awakening and I think (maybe I'm wrong) that articles can help drive that in the right direction.

But then again, your point is well taken, it doesn't take everyone:

"It does not require a majority to prevail but rather an irate, tireless minority keen to set bush fires in people's minds." - Samuel Adams

233 weeks ago @ Tenth Amendment Center - Welcome to the Constit... · 1 reply · +1 points

I just meant that the founder's intentionally left this up to "we the people"; therefore leading to the conclusion from the article that "constitutionality" will be decided by the will of the people.

In other words "we the people" will decide whether to judge constitutionality based on the Supreme Court precedent or the nullification precedent. And if there are countering views across the country then it will eventually be determined by who blinks.

233 weeks ago @ Tenth Amendment Center - Welcome to the Constit... · 3 replies · +1 points

There are two historic precedents coming to a head here. First, the Supreme Court makes rulings on Constitutionality of laws and second states have historically nullified laws that they through their own determination deem unconstitutional. Neither process is identified in the Constitution and I am sure the founders of our country didn’t simply miss this gaping hole.

This article was about education. If you ask someone on the street who has authority, he will say the supreme court. Constitutionally speaking, that is simply not true. Using precedent as a guide, there are two conflicting answers to the question and the “nullification answer” requires much greater awareness.
If we give the power of ultimate interpretation to the Supreme Court then there is simply no use for nullification and interposition. None, because the Supremacy Clause clearly states that ***constitutional*** federal laws are the supreme law of the land.

Therefore, if we accept only decisions from the Supreme Court regarding Constitutionality, then when the people are at odds with the Supreme Court’s interpretation there are only 3 options left to defend liberty; all of them varying degrees of a nuclear response. Many would argue that the article V convention is not nuclear but since out Constitution only has limited amendments and this type of convention has never occurred in our history I’d say it’s pretty radical. The other two options would be secession and violent revolution. I guess subjugation to unconstitutional laws is always an option too.

236 weeks ago @ Texas Tenth Amendment ... - Is the Tennessee AG wr... · 0 replies · +1 points

Absolutely... I considered adding that but decided against it just to make sure that this blog post focused on the single point that the supremacy clause only supports constitutional laws. But, you are 100% correct, "constitutional laws" are tightly defined by the Constitution too!

239 weeks ago @ Texas Tenth Amendment ... - Comments from Perry's ... · 1 reply · +1 points

J K, Attorney General Abbott is involved with the group of state AG's prepared to challenge the constitutionality of the HC bill.

Here's a start: http://trailblazersblog.dallasnews.com/archives/2...

239 weeks ago @ Texas Tenth Amendment ... - Comments from Perry's ... · 1 reply · +1 points

Most of the people that contacted me regarding this were fully aware that Texas was not in session, so in the article I jumped right in to what can be done to work around that, thus the specific attention given to the special session. Regardless, that is a great point, and I should have mentioned that the legislature is not in session until early 2011. This is of course, the core reason that other states are drafting this legislation and Texas is not.l

So the question really is, will we see a special session or are we going to have to wait until 2011 to see action from Texas?

242 weeks ago @ Tenth Amendment Center - What is a Right? · 3 replies · +1 points

This is a great article and an even better video. Regarding the conversation about federal authority and state authority... I have often thought that the system that we have in place would be best served by libertarians serving at the federal level and liberals/conservatives serving at the state and local level. Of course this would work great until the libertarians decided to force their views in unison across states too. :) Does that make sense?

In general, states could then be free to manage themselves based on the regional cultures, needs and desires.

However, without the chains of the Constitution placed on the federal politicians, this is impossible. Here's why... local and state politicians reflecting regional values are the most likely to run for national office and when they get there, guess what, they feel that they are free to push for their system to be put in place over all of the other states.

Therein lies the problem... you can't enforce what type of person ends up in Washington; however the solution is that you can place chains upon their action when they get there. And the Constitution and the 10th are those chains... too bad our nation badly needs a reminder...