Friday, April 10, 2009

Tenth Amendment

One of my friends alerted me to following subject.

32 state legislatures have state sovereignty resolutions before them:

http://www.tenthamendmentcenter.com/2009/02/23/state-sovereignty-resolutions/

You can read the text of the sovereignty resolution currently in the legislative process in West Virginia and Indiana by following these links:

http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/BILLS/hcr49%20intr.htm

http://www.in.gov/legislative/bills/2009/SRESF/SC0037.html

It is encouraging to learn that some state legislators have had enough of the Federal Government’s unconstitutional expansion of power. When “the bill of rights” is referred to it is usually the first 5 amendments to the constitution that are discussed. I think that amendments 9 and 10 may be the most important:

Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X: 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.

The preamble to the “bill of rights” is also important in that it explains the reason that these amendments were proposed (highlights added):

The Preamble to the Bill of Rights:

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

This illuminates the fundamental intention of the US Constitution. The Constitution was not written to grant certain rights to the people, it was written to limit the rights that government could claim for itself. This is the highest law of the land. When our presidents take the oath of office they repeat the following (highlights added):

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Also everyone who enlists or re-enlists in the Armed Forces of the United States is required to take the oath of enlistment (highlights added):

“I, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

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