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US Civil Liberties

Tenth Amendment States Rights Reclamation Initiative

Project: US Civil Liberties
Open-Content project managed by Paul, KJF, mtuck, paxvector

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The federal government enacts the Revenue Act as a companion, and precursor, to the omnibus Federal Election Campaign Act (FECA—see February 7, 1972). The Revenue Act creates a public campaign fund for eligible presidential candidates, beginning with the 1976 presidential election, through the provision of a voluntary one-dollar checkoff box on federal income tax returns. (This provision was actually introduced into law by the 1968 Long Act.) The law also allows for a $50 tax deduction for individual filers for contributions to local, state, or federal candidates, a provision that will be eliminated in 1978. It provides a $12.50 tax credit for the same purpose, a provision that will be raised to $50 in 1978 and eliminated in 1986. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file]

Entity Tags: Federal Election Campaign Act of 1972, Revenue Act of 1971

Category Tags: Campaign Finance, 'Tenther' Initiative

Montana Governor Brian Schweitzer (D-MT) signs into law House Bill 246. It exempts Montana-made guns from federal regulation. The law is the latest in a long list of legislative initiatives designed to strip power from the federal government and give it to the states. “It’s a gun bill, but it’s another way of demonstrating the sovereignty of the state of Montana,” Schweitzer says. The impact is limited to Montana, which currently has only a small number of specialty gun makers who make mostly replica and recreation rifles from US history, and most of their customers are out of state. However, supporters of the new law hope it will trigger a court case testing the legal basis for federal rules governing gun sales. State Representative Joel Boniek (R-MT), who sponsored the bill, said during the House debate, “What we need here is for Montana to be able to handle Montana’s business and affairs.” Many legislators among the 50 states have introduced legislation designed to push back against what they see as unconstitutional federal intrusion, often in response to the Obama administration’s economic stimulus plan. Some legislators consider themselves part of, or sympathetic to, the “tenther” movement, that construes the Tenth Amendment of the Constitution as vastly restrictive of the federal government’s powers. Another Montana representative, Michael More (R-MT), recently said of the gun bill and similar legislation, “The whole goal is to awaken the people so that we can return to a properly grounded republic.” Legislatures in 15 other states are considering resolutions that attempt to take back power from the federal government. “The balance has swung far to the extreme to the empowerment of the federal government, and to the harm of the individual states,” More says. However, critics warn that the “tenther” movement and the move to give power to the states is in line with anti-government militia ideals. “When you really actually get in and look at it there is a lot of what we feel is very dangerous, very anti-government language that reads very similar to posters for the militia movement in the 1990s,” says Travis McAdam of the Montana Human Rights Network. Montana Senator Christine Kaufmann (D-MT) says, “I do think that there is a kind of renewed vehemence to this kind of right-wing rhetoric being spewed by conservative talk show hosts to rile the troops and they are using the fact that we have a Democratic, black president as one of their rallying calls.” In Montana, the states’ rights bills are being sponsored by freshman legislators who were elected as part of an effort to oust more moderate Republicans and replace them with more conservative, “tea party-friendly” representatives. Supporters of House Bill 246 now intend to find someone to challenge a regulation by the Bureau of Alcohol, Tobacco and Firearms (BATF) that requires federal dealership licensing to build and sell firearms; they will use that pretext to file a lawsuit that they hope will end in the Supreme Court. The Montana Shooting Sports Association, which drafted House Bill 246, has said it will raise the money to pay for any legal costs. [Associated Press, 4/16/2009] Author and columnist David Neiwert later notes, in agreement with Kaufmann, that the Montana gun bill echoes the ideas of “state sovereignty” promoted by radical-right militia groups and “constitutionalists” in the 1990s. The idea behind the bill originated with Charles Duke (R-CO), a far-right Colorado legislator from the 1990s who had close ties to the Rocky Mountain-area militias (see May 15-21, 1996). Duke is considered one of the first “tenther” proponents, and is popular with white supremacists who espouse the “Christian Identity” belief system (see 1960s and After). Neiwert will also note that the gun legislation prompts a series of segments from Fox News host Glenn Beck on the bill and how he hopes it is the first of a larger number of legislative and court initiatives that will ultimately cripple the federal government. [Crooks and Liars, 5/15/2009]

Entity Tags: Montana Shooting Sports Association, David Neiwert, Christine Kaufmann, Charles Duke, Brian Schweitzer, Glenn Beck, Michael More, Obama administration, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Joel Boniek, US Supreme Court, Travis McAdam

Category Tags: Gun Rights, Impositions on Rights and Freedoms, 'Tenther' Initiative, Other Legal Changes

Former Govenor Mike Huckabee (R-AR), a Fox News host and a presumed 2012 presidential candidate, calls the passage of the 17th Amendment “one of the dumbest things we ever did in this country.” Huckabee, appearing as a guest on Fox News Radio’s Brian & the Judge, also says that Republicans should consider calling for the repeal of the 16th Amendment, saying, “I think we ought to talk about repealing the 16th Amendment, which authorizes the IRS.” He then says that Americans should “talk about—this is one of those things that senators would never agree, but one of the dumbest things we ever did in this country was the 17th Amendment.” He adds: “The original Constitution and the way we operated for the first 120 years of our existence, senators were appointed by state legislators to represent the broader interests of the states to make sure the federal government didn’t take too much power into itself. And most people don’t even remember that. But we have had an increasing problem of too much centralization of federal power at the expense of local and state governments—the antithesis of our Constitution—because we’ve put all this power in the popular election of senators and representatives.” [Media Matters, 10/16/2009] The 16th Amendment allows Congress to collect income taxes. It was passed by Congress and submitted to the states in 1909 and ratified in 1913, both under President William Howard Taft. The 17th Amendment provides for the direct election of US senators, rather than their selection by state legislators, in part to eliminate cronyism and corruption in their ascension to the US Capitol. It was signed into law by President Woodrow Wilson in 1913. Recently, far-right Republicans (see 1951-1967, 1970-1972, 1976-1978, Early 1980s, and 1985) and tea party activists have begun calling for their repeal, joined by some members of Congress (see 1951-1967 and April 28, 1999). [Media Matters, 9/7/2010; Legal Information Institute, 2011; Legal Information Institute, 2011]

Entity Tags: Mike Huckabee, Fox News

Timeline Tags: Domestic Propaganda

Category Tags: Taxation, 'Tenther' Initiative, Media Involvement and Responses

Martha Dean.Martha Dean. [Source: Connecticut Political Reporter]Connecticut attorney general candidate Martha Dean, a Republican lawyer, says state governments should be able to ignore federal laws if their lawmakers so choose, even if the US Supreme Court rules the laws constitutional. In some instances, “the Supreme Court is just wrong, so what option does the state have?” Dean says. “They have the option of nullification.” “Nullification” is the idea that the Tenth Amendment gives the states the power to “nullify,” or override, federal law. [The Day, 10/14/2010] The concept gained national notoriety in 1830, when Vice President John C. Calhoun set off the so-called “Nullification Crisis” that almost led to an armed conflict between South Carolina and the rest of the nation, and helped set the stage for the Civil War 30 years later. It came to the fore again in 1956, when segregationists attempted to use the concept to persuade state leaders to ignore the Supreme Court decision, Brown v. Board of Education, that mandated the desegregation of public schools (see March 12, 1956 and After); Arkansas Governor Orval Faubus attempted to invoke “nullification” when he resisted orders to integrate Little Rock public schools, an effort that was shut down by unanimous rulings of the Court. Article 6 of the Constitution states that acts of Congress “shall be the supreme law of the land… anything in the Constitution or laws of any State to the contrary notwithstanding.” Founding father James Madison argued that nullification would “speedily put an end to the Union itself” by allowing federal laws to be freely ignored by states. [Constitution (.org), 8/28/1830; Think Progress, 9/27/2010; The Day, 10/14/2010] Dean says the doctrine of “nullification” is valid and viable, saying: “This is a tool that has existed. It is a tool that isn’t often used. It isn’t often needed.” She says that when state officials such as herself, or elected governors or lawmakers, feel the federal government’s laws surpass Tenth Amendment limitations, then Connecticut and other states should nullify those laws. Dean says her position is controversial only to “the left.” However, the idea has been used for centuries by anti-government activists, most memorably during the run-up to the Civil War and the battle over civil rights for African-Americans in the 1950s and 1960s. Law professor Richard Kay says the idea is entirely invalid. “This was a very plausible argument up until 1865,” Kay says. “But after the Civil War, what was a genuine argument about the nature of the American constitutional system was pretty decisively decided. Since 1865 it’s pretty much a settled matter, with some rare fringe arguments to the contrary. The question of who has the ultimate authority to interpret the Constitution was settled” in favor of the US Supreme Court. The idea that the Constitution is not an ultimately binding authoritative document, but merely an agreement between autonomous states—the core of “nullification”—has always been “very controversial,” Kay notes, and has been rejected by the Supreme Court since 1819. Dean states that the Court’s decisions have been twisted by “liberal law professors,” and rejects the idea that the US Supreme Court is the ultimate arbiter of constitutionality. Her opponent, Democrat George Jepsen, says her idea would lead to chaos. If states can simply refuse to abide by the rulings of the Supreme Court, federal statutes themselves would become unenforceable, he says, and there would be nothing to stop states from seceding altogether. “The point is that we have one Constitution and there needs to be one place that defines what that Constitution means,” Jepsen says. “Under nullification, any state legislature, any state governor could declare that a law is unconstitutional. That would send us onto a course where there would be 50 different unique interpretations of a federal statute. We would cease to be a united nation.” Jepsen calls Dean’s views “extreme.” Dean contends that the idea would not necessarily threaten the Union, and says, “It’s been worked out in the past.” She goes on to say that “I don’t think desegregation was really controversial aside from a few states in the South.” Kay says Dean’s views were quite mainstream in 1842, but not since then. [The Day, 10/14/2010] After being challenged by a constitutional scholar, Dean cites the work of a neo-Confederate segregationist as further support of her position (see October 14, 2010). Jepsen will defeat Dean in the general election, beating back an election-eve attempt by her to challenge his credentials to serve as attorney general. [Hartford Courant, 11/3/2010]

Entity Tags: John C. Calhoun, Martha Dean, Orval Faubus, George Jepsen, Richard Kay, US Supreme Court

Timeline Tags: Domestic Propaganda, 2010 Elections

Category Tags: Impositions on Rights and Freedoms, 'Tenther' Initiative

Brooke Obie of the Constitutional Accountability Center attacks a recent statement of position by Connecticut attorney general candidate Martha Dean, who advocates the concept of “nullification”—the idea that states can ignore or override federal laws if they so choose (see October 14, 2010). Obie says Dean’s position is a “dangerous” claim that ignores the fundamental precepts of the US Constitution and every relevant court decision since before the Civil War. Articles III and VI of the Constitution explicitly place federal law over states’ laws, and place the Supreme Court firmly in the position of being the final arbiter of whether a federal law is unconstitutional. “It is disturbing that Dean, seeking office as a state’s chief lawyer, said in the interview that she does not ‘accept’ that the Supreme Court has this authority,” Obie writes, and refers Dean to the first Chief Justice, John Marshall, who wrote that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Nullification is “completely unconstitutional,” Obie writes, and has been used to bring about “some of the most divisive moments in our history: from the attempted destruction of our great nation by secessionists in the 19th century, to the dividing of people by segregationists in the 1950s and 1960s. Encouraging such backsliding of America into its darkest days is an extremely dangerous position for anyone to take, let alone someone seeking to become a state attorney general.” [Constitutional Accountability Center, 10/14/2010] In the comments section of Obie’s article, Dean reprints a post from Thomas Woods that Woods posted on his blog in response to Obie. Woods is a pro-Confederate segregationist. Woods calls Obie’s work a “fifth-grade research paper masquerading as a critique of Martha Dean,” and goes on to say that “[a]lmost every single sentence in this post is wrong. Your view of the Supremacy Clause is wrong, your view of Article III is grotesquely wrong, your summary of the history of nullification is absurd, and your comment about secessionists makes no sense. South Carolina was complaining that the NORTH was nullifying too much. Talk about getting the history exactly backwards!” He compares Obie’s views to “progressives,” neoconservatives, and Adolf Hitler. Think Progress’s legal expert Ian Millhiser later notes that Woods is a co-founder of the neo-Confederate League of the South, and has called the Civil War a battle between “atheists, socialists, communists, red republicans, jacobins on the one side and the friends of order and regulated freedom on the other,” contending that the defeat of the Confederacy in 1865 was “[t]he real watershed from which we can trace many of the destructive trends that continue to ravage our civilization today.” Dean has cited Woods before, in one debate reading aloud from his book in support of nullification. Woods is a prolific contributor to the far-right Tenth Amendment Center, a pro-nullification group which pushes political candidates to sign a pledge promising to nullify federal laws such as Social Security and Medicare which do not comply with their “tenther” view of the Constitution. [Constitutional Accountability Center, 10/14/2010; Think Progress, 10/19/2010]

Entity Tags: Martha Dean, Constitutional Accountability Center, Brooke Obie, Ian Millhiser, John Marshall, League of the South, Thomas Woods, Tenth Amendment Center

Timeline Tags: Domestic Propaganda, 2010 Elections

Category Tags: Impositions on Rights and Freedoms, 'Tenther' Initiative

“Homeschool Day” in Des Moines, Iowa, sponsored by the Network of Iowa Christian Home Educators, features a number of Republican luminaries such as Governor Terry Bransted (R-IA), Representatives Michele Bachmann (R-MN), Ron Paul (R-TX), and Steve King (R-IA), and former Godfathers Pizza CEO and 2012 presidential candidate Herman Cain. During the festivities, Paul, an outspoken libertarian considered by many the “father” of the tea party movement, claims that the individual states can ignore or override federal laws—a tenet called “nullification.” The idea is centered in a unique interpretation of the Tenth Amendment that, when pursued to the extent that “nullifiers” or “tenthers” take it, essentially overrides the other aspects of the US Constitution in favor of states’ rights. The concept gained national notoriety in 1830, when Vice President John C. Calhoun set off the so-called “Nullification Crisis” that almost led to an armed conflict between South Carolina and the rest of the nation. It came to the fore again in 1956, when segregationists attempted to use the concept to persuade state leaders to ignore the Supreme Court decision, Brown v. Board of Education, that mandated the desegregation of public schools (see March 12, 1956 and After). In recent years, it has gained popularity among some tea party-backed candidates (see October 14, 2010) and tea party pundits. Paul tells the assemblage that “in principle, nullification is proper and moral and constitutional.” He says: “The chances of us getting things changed around soon through the legislative process is not all that good. And that is why I am a strong endorser of the nullification movement, that states like this should just nullify these laws. And in principle, nullification is proper and moral and constitutional, which I believe it is, there is no reason in the world why this country can’t look at the process of, say, not only should we not belong to the United Nations, the United Nations comes down hard on us, telling us what we should do to our families and family values, education and medical care and gun rights and environmentalism. Let’s nullify what the UN tries to tell us to do as well.” Article 6 of the Constitution states that acts of Congress “shall be the supreme law of the land… anything in the Constitution or laws of any State to the contrary notwithstanding.” Founding father James Madison argued that nullification would “speedily put an end to the Union itself” by allowing federal laws to be freely ignored by states. Think Progress legal expert Ian Millhiser notes that nullification is not just unconstitutional, it is “nothing less than a plan to remove the word ‘United’ from the United States of America.” [Constitution (.org), 8/28/1830; Think Progress, 9/27/2010; Homeschooliowa (.org), 3/23/2011; Think Progress, 3/29/2011]

Entity Tags: Terry Bransted, James Madison, Ian Millhiser, Herman Cain, John C. Calhoun, Michele Bachmann, Network of Iowa Christian Home Educators, Steve King, United Nations, Ron Paul

Timeline Tags: Domestic Propaganda

Category Tags: 'Tenther' Initiative

More than a dozen state and local government bodies pass or begin debate on laws or resolutions condemning provisions for indefinite military detention in a recently passed federal law, or limiting cooperation with the federal government on enforcement of the controversial section of the law. The law is the 2012 National Defense Authorization Act (NDAA), an annual defense spending bill, and the controversial sections are 1021 and 1022, which codify indefinite military detention, without charge or trial, of anyone accused of supporting groups hostile to the United States, including US citizens and including persons arrested in the United States (see December 15, 2011). President Obama signed the bill into law on December 31, 2011 (see December 31, 2011). The bill began generating controversy six months earlier, after the American Civil Liberties Union (ACLU) highlighted the indefinite military detention provisions (see July 6, 2011 and after). [Tenth Amendment Center, 12/31/2011; People's Campaign for the Constitution, 12/31/2011]

Entity Tags: United States, American Civil Liberties Union, Barack Obama, US Congress, Bill of Rights Defense Committee, Tenth Amendment Center, People’s Campaign for the Constitution

Category Tags: Impositions on Rights and Freedoms, 'Tenther' Initiative, Detainments Outside US, Detainments in US, Gov't Violations of Prisoner Rights

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