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Showing posts with the label 10th Amendment

All of a sudden the Tenth Amendment is now our friend...

... when the State of Massachusetts uses it to challenge the Defense of Marriage Act : Massachusetts Attorney General Martha Coakley (pictured) filed a 32-page lawsuit Wednesday against the U.S. government, seeking federal marriage benefits for 16,000 legally-wed gay and lesbian couples. At issue is the constitutionality of Section 3 the Defense of Marriage Act, recently notoriously defended by the Department of Justice. The suit states that DOMA, termed "overreaching and discriminatory," interferes with the state's "sovereign authority to define and regulate marriage." "We view all married persons equally," Coakley said at a press conference today. The basis for the suit is the 10th Amendment to the U.S. Constitution and Section 8 of the Constitution. Along with the United States itself, defendants include the U.S. Department of Health and Human Services and the U.S. Department of Veterans' Affairs. But when the issue is Montana challenging Fede...

Governor (D) Brian Schweitzer of Montana takes on the Federal government

This needs some careful consideration rather than a knee-jerk reaction of either the right or left. From AP /t Alphecca ] [h: HELENA, Mont. (AP) — Montana is trying to trigger a battle over gun control — and perhaps make a larger point about what many folks in this ruggedly independent state regard as a meddlesome federal government. In a bill passed by the Legislature earlier this month, the state is asserting that guns manufactured in Montana and sold in Montana to people who intend to keep their weapons in Montana are exempt from federal gun registration, background check and dealer-licensing rules because no state lines are crossed. That notion is all but certain to be tested in court. The immediate effect of the law could be limited, since Montana is home to just a few specialty gun makers, known for high-end hunting rifles and replicas of Old West weapons, and because their out-of-state sales would automatically trigger federal control. Still, much bigger prey lies in Montana...

The only thing worse than faux outrage is faux moralizing....

To understand the context of hypocrisy, you have to read this entire post by jason at Delawareliberal regarding the shooter in the recent killing of three PA police officers: For people like Dave Burris, politics is just a big game. When he pushed the GOP’s secessionist uprising talk on his blog, Delaware politics, he probably thought nobody would take that silly bit of GOP agitprop very seriously. He probably thought that a little tough talking gamesmanship was called for given the sad shape of GOP. Who knows. What Dave honestly thinks about the secessionist uprising talk that he promoted on his blog is between Dave and God. We can know this, however. We can know that some people who hear the rightwing secessionist uprising talk take it very seriously. I’ve always known that, but when I read the following quote I felt like I was punched in the gut. “We recently discovered that 30 states had declared sovereignty,” said Mr. Perkovic, who lives in Lawrenceville. “One of his concern...

Why ballot access in Oklahoma matters to the Libertarian Party

Ironically, the very toughest ballot access provisions exist in Oklahoma, and even the Libertarian Party may not be able to meet those requirements in time to get Bob Barr on the ballot. Moreover, the Sooners don't even allow write-ins. Which is doubly unfortunate given that Oklahoma--as evidenced in Delaware Curmudgeon's recent post -- has just served notice to the Feds that under the authority of the Tenth Amendment THAT the State of Oklahoma hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States. THAT this serves as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers. THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate...

Montana Threatens Secession & The Spartan Women

The Spartans used to say that "men start wars, but women end them." It seems to work for gang members . According to the Lysistrata by Aristophanes if they were sufficiently angered, women could use sex to show the "foolish men" who were the supreme rulers of the democratic world. In his words, "what they could not win through force of arms, they would win through their thighs." Not exactly politically correct reading. All it points to is that women ARE a primordial force of nature. I suggest that that needs to occur in Montana soon to prevent the state's secession from the Union. Who would have ever guessed how pissed off Montana gets when someone threatens its citizens right to own guns......and following their March declaration and warning to the supreme court, their Supreme Court Justice warned us all that 1984 is here.... First lets parse an excerpt from the full transcript of Montana Supreme Court Justice James Nelson's opinion: I feel the pa...

Effective use of the 9th &10th Amendments....

Some like to say that in an increased era of federalism state's rights are a thing of the past. Only someone forgot the 9th & 10th Amendments of the Constitution which gives states their right to ask for anything they want on behalf of the people- now if Delaware would only do the same: RESOLUTION AS PASSED BY HOUSE 2007-2008 State of Vermont House of Representatives Montpelier, Vermont House Resolution H.R. 11 House resolution calling for the orderly withdrawal of American military forces from Iraq to commence immediately Offered by: Representatives Fisher of Lincoln, Ancel of Calais, Aswad of Burlington, Atkins of Winooski, Bissonnette of Winooski, Botzow of Pownal, Bray of New Haven, Brooks of Montpelier, Cheney of Norwich, Clarkson of Woodstock, Condon of Colchester, Copeland-Hanzas of Bradford, Davis of Washington, Deen of Westminster, Donovan of Burlington, Dostis of Waterbury, Edwards of Brattleboro, Emmons of Springfield, Frank of Underhill, French of Randolph, Gilbert ...