Nullify Now! Coming to Raleigh, NC

Nullification - Tenth Amendment language    by Diane Rufino, May 27, 2013
The NC Tenth Amendment Center is organizing a Nullify Now! Rally in Raleigh this fall. Nullify Now! is a national tour, sponsored by the Tenth Amendment Center and Foundation for a Free Society, to educate and activate Americans on the Jeffersonian principle of Nullification. Nullification, simply put, is the right of the state, under the Tenth Amendment and Supremacy Clause, to reject, nullify, and refuse to enforce unconstitutional federal acts – from all three branches!!  The Raleigh event will be in September or October, depending upon the venue that is chosen. We want to start getting the word out now and ask that people share the information with as many people and groups as possible. There is perhaps nothing more important in the defense of liberty in our current precarious times than the education of ordinary Americans and state officials on the topic of Nullification. And given the hostility of our current leadership in the state legislature to states’ rights movements and the general reluctance in both houses to stand up to unconstitutional federal action, the time is now to begin that education.  Nullify Now.

The event capitalizes on the best-selling book “Nullification: How to Resist Federal Tyranny in the 21st Century,” by historian Thomas Woods.  Thanks to this important contribution by Mr. Woods, the doctrine of nullification, a founding principle, is being re-introduced to Americans and being revived all over the country. Its power and significance is ever more clear now that our own government has become a source of tyranny and oppression. Thomas Woods is a Senior Fellow at the Mises Institute and the author of other best-sellers, such as “Meltdown,” and “Rollback.”

In a nutshell, nullification is a constitutional doctrine that acknowledges the division of power between the federal government and the States – ie, the federal nature of our government. The right of each sovereign – the federal government and each state – to jealously guard its powers, and the Supremacy Clause of the US Constitution, which announces that only those laws made in pursuance to the delegated powers to each branch, are supreme and enforceable. In other words, any law that is not made in pursuance of a power expressly delegated to the government or any law made that abuses any constitutional power is null and void and unenforceable. The term “Nullification” was coined by Thomas Jefferson in 1799 in addressing the unconstitutionality of the Alien and Sedition Acts, but the fact is that the doctrine is as deeply rooted in our founding as is the sovereignty of the individual, the inalienability of fundamental liberties, federalism, supremacy, and checks and balances. When the state delegates met in Philadelphia in 1787 to draft a new constitution, their task was to design a common government that would take care of overlapping functions and allow the states to sufficiently unite. James Madison, the major architect of the Convention and of the “new” government, arrived in Philadelphia with quite a different scheme than what he eventually came to embrace. He arrived as a “nationalist,” believing in a strong national government of centralized powers that compromised the sovereignty of the individual states. In fact, his scheme of government would have given the federal government a “negative” (or a veto) on any state action that the government believed was at odds with its interests. But communications with Thomas Jefferson (letters from France) and a stark rejection by an overwhelming majority of delegates helped him understand the wisdom of a “federal” government of limited powers, with the “negative” (or veto) being given to the States who would be the sovereigns most likely to find their powers intruded upon and jeopardized.  Therefore, the legislative branch was designed as a bicameral branch, with one house representing the interests of the states (Senate), which gave the states an immediate opportunity to “negate” or veto an act of the legislature that it believed exceeded the scope of the Constitution and encroached upon the powers of the States.  To further entrench the notion that States retain the bulk of their sovereign powers and therefore have a right to assert them, the Tenth Amendment was proposed by the states and added to the Constitution (otherwise they wouldn’t ratify it).  A state “negative” is what Jefferson would later refer to as “nullification.”

For almost 200 years, the federal government has looked to its constitutional limitations with disdain.  It dared to take the position that the Constitution is one of hidden and implied powers and that government needs what it needs.  And it found a way around those limitations. First the Supreme Court delegated itself the exclusive power to declare what the Constitution means and what powers the government has. Yes, a branch of the government declared it would figure out what powers it has. And from that moment, the exercise of constitutional interpretation evolved into an opportunity for nine unelected individuals to use the bench to re-interpret our Constitution, to transform the intent of government, and to effect societal change (good and bad). Thomas Jefferson warned about this: “To consider the Judges of the Superior Court as the ultimate arbiters of constitutional questions would be a dangerous doctrine which would place us under the despotism of an oligarchy. They have with others, the same passion for party, for power, and for the privileges of their corps – and their power is the most dangerous as they are in office for life, and not responsible, as the other functionaries are, to the Elective control. The Constitution has elected no single tribunal.  I know no safe depository of the ultimate powers of society but the people themselves.”  The questions are these: Will federal politicians act to limit their own power?  Will federal judges limit their power?  The answer to both questions is no.  If  the federal government – all 3 branches – were ever to be the sole and exclusive arbiter of the extent of their own power, that power would always grow. And then we are in a position where the “abuses and usurpations” of government and of human liberties that were levied against King George of England and which justified the fight for our independence are being willingly tolerated here in the United States in the 21st century.  Nothing can be more dangerous since the Constitution is the document that protects our precious rights laid out in the Declaration of Independence. Education on the doctrine of nullification is an education on how the States and the People can constitutionally exercise rights that the government now believes don’t exist.

Critics contend that states have no power to review the constitutionality of federal laws and federal action.

“That’s what the courts are for,” they say.  Those very courts, after the Supreme Court’s pronouncement in Marbury v. Madison (1803) that the federal courts are to interpret the Constitution and judges are limited by its precise wording and intention, have gone way beyond simple constitutional interpretation to make policy from the bench. Those very courts, after the decision in Marbury, have reclassified the Constitution as a “living, breathing document” that is no longer confined to traditional interpretation.  Those same courts have rendered decisions on secession and nullification when those topics aren’t even addressed in the Constitution (federal courts are limited to federal questions – alleged violations of the US Constitution, federal law, or a treaty to which the US is a party).  Those same courts told Dred Scott that black people don’t have any rights under our Declaration or Constitution and approved the indefinite detention of an entire race of citizens in the 1940′s.  No freedom-loving person should be looking at the courts to defend and preserve liberty.

The States, and not the courts, will be the ones to stop unconstitutional federal mandates.  As Thomas Jefferson said, Nullification is the “Rightful Remedy.”

Since September 2010, the Tenth Amendment Center has been hosting a national tour to educate people on this topic and to re-engage them with their Constitution and principles of freedom. The goal is to teach about nullification, its constitutional basis, when it’s been used in history, why the criticisms (ie, “It’s unconstitutional because the Supreme Court has ruled on it” and “The Civil War settled it”) are misinformed, why nullification has become more popular, why Americans need to learn about this doctrine, and its potential. So far, Nullify Now! events have been held in Orlando, Philadelphia, Fort Worth, Los Angeles, Austin, Jacksonville, and Manchester, NH.  Raleigh is the next conference. Our neighbors, South Carolina and Virginia, are both planning them in their states. Future events are also being organized in the Bay Area, CA, Seattle, Las Vegas, Miami, Indianapolis, Chicago, and in the states of Idaho, Wisconsin, and South Dakota.

The opponents of nullification and the mainstream media want Americans to believe that Nullification is an evil doctrine because it was used to support slavery. They want to shame citizens into believing that to support this concept is to be un-American and to somehow endorse the mindset that gave rise to the Civil War. These false arguments are the very reason that the Tenth Amendment Center felt it was necessary to begin a campaign of proper education.  The truth will allow everyone to come to an educated conclusion about nullification.

The Tenth Amendment knows that the topic of Nullification is one clouded in mystery. People want to know more but don’t know where to learn about it truthfully. They want to believe there is a constitutional way for their states to protect their individual rights. In North Carolina, people have heard disturbing comments from their elected state leaders in the past year, such as the following: “Because NC lost the Civil War, we have no right to second-guess the actions and policies of the federal government.”  “The state constitution forbids us to second-guess the federal government. It’s essentially a surrender document that hasn’t been amended.”  “The 10th Amendment no longer means what it used to. That was decided by the Civil War.”  “The US Constitution doesn’t mean what it used to and we really don’t know what it means now.”  ”Nullification is an outdated, racist doctrine that was used for bad and has no legitimacy.” “The legitimacy of Nullification was decided by the Supreme Court.”  Can these statements possibly be correct?  Education will give people of North Carolina the answer. We hope it will also educate those officials who articulated these offensive positions. Fortunately, the Tenth Amendment Center promotes the topic of Nullification from the mouth and pen of Thomas Jefferson and James Madison, our most important of Founding Fathers. Each wrote a critical founding document and therefore are the proper authorities on the subject.

I’m sure liberty-minded folks support the notion that the federal government is one of limited powers and that the Supremacy Clause is a recognition of that limit and not an open invitation to the government to rule supremely on any and all objects it wants to. It can’t be that the federal government has the sole and exclusive authority to declare what the constitution means and how it applies to its branches and powers. The government can’t be sole and exclusive authority on the extent of its own powers. It’s a sure path to tyranny. I agree that the term “Nullification” scares many people and puts them on the offensive because of the crisis of 1832 with John Calhoun and South Carolina and because of the actions of Southern Democratic leaders in the post-Brown v. Board of Education era to repudiate the decision to integrate schools and society. I certainly get it and understand the negative connotations. But the positive exercises (not necessarily summoning the term “nullification”) have far out-weighed them, such as the actions of the Sons of Liberty which so thoroughly frustrated the British agents in the colonies prior to 1776 that such intolerable acts as the Stamp Act and Quartering Acts could never be enforced, the insistence in the Constitutional Convention in 1787 and in the individual state ratifying conventions for a state “negative” on the federal government (the Senate branch and the Tenth Amendment are examples), the nullification of the Fugitive Slave Act by the southern states, the nullification by a state court of Wisconsin (Glover case 1854) of the Fugitive Slave Act (in fact, the WI court said, despite what the US Supreme Court would later say in Dred Scott that Africans were not a class of persons covered by the Constitution or Declaration and hence were not entitled to any protections offered by those documents, including not having a right to bring suit, slaves and former slaves absolutely have a right to bring an action in a court of law), the state opposition to the federal Real ID which has effectively prevented its enforcement, the nullification of the NDAA by Virginia, and the rejection of state health insurance exchanges by 26 states as a way to show their opposition to federal intrusion into a state matter – healthcare, These are just a few instances of nullification (the pushing back of the federal government because it attempted to over-reach its constitutional authority.

There are many things going on at the national level which threaten our precious American freedoms. The War on Terrorism has expanded executive powers and extended the Rules of War to our homeland, thereby clashing with our Bill of Rights. There is talk of limiting the scope of the Second Amendment. The federal taxing power has been expanded by the Obamacare decision to give the government the option of coercing and controlling human conduct in the marketplace and in controlling human behavior in general.  Unelected officials are using the full power of the federal government to target, harass, censor, and intimidate American citizens. And privacy rights have never been so fragile. Everyone has an issue that is important to them, whether it be gun ownership rights, losing control over one’s healthcare because of Obamacare, gay marriage, the expansion of Homeland Security to spy on ordinary Americans, the drones-in-the-sky program, etc.  It may not be my issue or your issue, but collectively they all touch on the one thing that unites us in a common title – that of an “American.”  Americans enjoy a country where the government is tasked first and foremost with protecting their freedom.  When I think of how groups try to shut each other down or marginalize their issues, I can’t help but think of the words that Pastor Martin Niemoller wrote in light of the Nazi Holocaust:

First they came for the communists, and I did not speak out–
because I was not a communist;

Then they came for the socialists, and I did not speak out–
because I was not a socialist;

Then they came for the trade unionists, and I did not speak out–
because I was not a trade unionist;

Then they came for the Jews, and I did not speak out–
because I was not a Jew;

Then they came for me–
and there was no one left to speak out for me.

To minimize the freedom and expression of one group is to minimize freedom and express for all.

Take, for example, the Daily Kos. It accuses conservatives of trying to prevent and thwart social progress in the United States.  It writes that “their weapons of choice are nullification and secession.” It writes that conservatives resort to “these pernicious ideas in order to prevail on such issues as the rights of the unborn and gun rights.” To equate conservatives as enemies of the state is to silence the voice of our Founding Fathers on critical issues that touch on successful government and human liberty. To shut down those who speak for the unborn is to deny the unborn a voice.

The Daily Kos is wrong.  The weapon of choice for conservatives is education.

Please plan to attend the Nullify Now! event in Raleigh this fall. Once the date and venue are set, it will be posted on the NC Tenth Amendment Center website and Facebook page. In the meantime, please help spread the word.

      ***  Diane Rufino is the Deputy Director of the NC Tenth Amendment Center

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NORTH CAROLINA: Stand Up to Common Core Now!

Common Core - Boy with Thumbs Down (CC is Not The Answer)  by Diane Rufino

At the “core” of Common Core is government control, both of students and States.

Please join the state-wide effort to resist the implementation of Common Core in North Carolina.  Of course, I hope this article will encourage those in other states to do the same.

How many North Carolinians know that public school education in the state is centered around the government’s Common Core initiative?  As of February of this year, only about 20 percent had even heard of the term Common Core. Far fewer were aware of the implications of Common Core on education.

The Common Core State Standards Initiative (Common Core) is a US Department of Education initiative that seeks to bring diverse state curricula into alignment with each other by following the principles of standards-based education reform. Although the Common Core establishment promoted the standards as a “state-based initiative,” the truth is that it is anything but that.  It is a government-based, centralized, top-down, one-size-fits-all national education initiative disguised as a state initiative.

In 2010, North Carolina adopted Common Core standards in mathematics and English language arts. The standards were released in June of that year. Like almost every other state, North Carolina quickly adopted the standards without looking into its merits.  Almost three years later, the state Board of Education and state legislators still have not looked into its merits. Instead, they continue to be blinded by the funding element and sold on the lies that the government and its associates have promoted.

The time is NOW to start digging into the merits of Common Core, as well as its criticisms. The hope is that as people begin to learn the truth about this initiative, they will join the effort to resist its implementation in North Carolina. A campaign has been organized for this effort, a resolution has been drafted, many groups are adopting it, and soon our state legislators will be introduced to this resistance. The resolution is attached below and if you think it would be wise to halt implementation of Common Core in North Carolina while parents, citizens, legislators, educators, and state officials have an opportunity to address the many valid and serious concerns (outlined in the resolution), we ask that you attach your name to it.

 

The History of Standards-Based Education: The Federal Role in Education Before No Child Left Behind

On July 24, 2009, President Obama and Secretary of Education Arne Duncan announced there would be federal “Race to the Top” competitive grants available to states for education reform. To be eligible, states had to adopt “internationally benchmarked standards and assessments that prepare students for success in college and the work place.” Once the Common Core standards were released, which was on June 2, 2010, the US Department of Education told the states that in order to continue to be eligible for these grants – this federal funding for education – the states had to adopt them.  45 states have adopted Common Core at this point and the government is planning to fully implement this initiative by 2015 by requiring that each state base at least 85% of its education curricula on the Standards.

How did Common Core come about?

As most people are aware, the No Child Left Behind Act of 2001 (NCLB), the initiative put forth by President George Bush, marked the most dramatic expansion of the federal government’s role in public education in nearly 40 years. Breaking from the government’s traditionally limited role in the daily lives of American school children, NCLB placed specific demands on states and school districts – forcing them to hold schools accountable for failing students, requiring them to monitor student progress annually or face consequences, mandating tougher hiring practices for teachers, and instituting penalties for schools that failed to improve. The penalty provision of the NCLB was the real meat of the initiative. A school that failed to meet the NCLB standards for 3 consecutive years would not be entitled to federal funding.

Up until Common Core, No Child Left Behind was the latest revision of the Elementary and Secondary Education Act of 1965 (ESEA), which was the very first federal education law. It was developed and enacted as part of President Johnson’s “War on Poverty” in order to provide significant levels of funding to schools.

In the beginning, ESEA allocated $1 billion a year to help subsidize schools with high numbers of low-income students. It funded Head Start, a preschool program that helped poor children prepare for first grade. It later budgeted an estimated $11 billion to $13 billion a year to help kindergarten through 12th grade schools in poor communities. The provisions of the law also included funds for professional development for teachers and programs designed to increase parent involvement. As President Johnson said the day the bill was passed: “It will offer new hope to tens of thousands of youngsters who need attention before they ever enroll in the first grade.”  He continued, “It will help 5 million children of poor families overcome their greatest barrier to progress: poverty.”  Indeed, ESEA’s most far reaching program, Title I: Aid to Disadvantaged Children, earmarked $8 billion a year to special education and impoverished and homeless children.

ESEA served as the foundation for federal funding of public schools for almost 30 years. Despite funneling federal money to schools, ESEA adhered to the historic paradigm of a limited government involvement in local schools and left the responsibility of managing public education to the individual states. Under the 1965 law, states created academic standards and assessed student progress but were not held accountable by the federal government for the results. Darla Marburger, the deputy assistant secretary for policy at the US Dept. of Education explained: “Prior to No Child Left Behind, states were required to report student performance but they were not being required to hold their schools accountable based on subgroup performance. States had accountability plans but those accountability plans did not necessarily have a focus on having all students proficient.”

In the classroom, ESEA required the Department of Education to administer the National Assessment of Educational Progress (NAEP) test, an assessment of fourth, eighth and 12th graders from randomly chosen schools, both public and private, across the country. The test, commonly referred to as “The Nation’s Report Card,” sought to give lawmakers a measure of national achievement by subgroups, such as female and Hispanic students, but did not assess all the nation’s schools. Major disparities between the reading and math scores of students in economically disadvantaged school districts and the scores of students in more affluent communities raised concerns, and this led to a revision of the law in 1994 by the Clinton administration. The revised law was called The Improving America’s Schools Act (IASA).

IASA increased school funding to cover additional programs for disadvantaged students and required states to increase the number of student assessment tests to once in grades 3-5, 6-9 and 10-12. Under the law, states were asked to impose their own standardized test requirements for disadvantaged students, who, under the previous law, did not have to be tested.  Despite what lawmakers hoped would be a turnaround in academic proficiency under IASA, NAEP scores continued to show a wide achievement gap by race and socio-economic status. While some schools and districts took pains to ensure their students passed progress tests, others did not.

A report of the National Conference of State Legislatures in 2003 summarized: “In attempting to account for the differences of 15,000 local districts and 40 million public students, state and local districts created a diverse array of policies and programs. It became apparent that some states, districts and schools were moving faster and further in implementing standards-based reforms than were others.”

In 1998, only 60 percent of fourth graders performed at or above the “basic” level of NAEP and only 30 percent of eighth graders and 40 percent of the nation’s 12th graders scored at or above the “proficient” or average level, according to the National Center for Education Statistics. The same year, the test still showed major performance gaps between white students (who scored higher on the tests) and black, Hispanic, and American Indian students.

As part of his bid for the presidency in 1999, Texas Governor George W. Bush, promised Americans an overhaul of the nation’s schools. At that time, studies showed that both working class and suburban voters considered education a top priority. Bush proposed college savings accounts and deductions, pouring more funds into early childhood education and supported standardized tests to measure school performance and accountability. “I believe that measurement is the cornerstone to reform and measurement is the cornerstone to making sure children learn. And I am going to ask the Congress to pass a bill that says in return for receipt of federal money and in return for flexibility, for the federal dollars you receive, you must show us … you must show the nation, you must show the people in your area whether or not children can read, write, and add and subtract,” he promised in 2000.  “If they can, there will be rewards. If they can’t, there must be a final moment of consequence in order for the accountability systems to mean anything. Instead of continuing to subsidize mediocrity after a reasonable period of time, then parents will have a different choice with the federal money.”

The No Child Left Behind Act, signed by President Bush on January 8, 2002, initially received praise from Republicans and Democrats alike. Both sides saw the new law as providing basic tools to give the country’s most disadvantaged children (who go to school in some of the poorest districts) a very real opportunity at a quality public school education. As mentioned earlier, the act initiated a coordination of state and federal policy with the goal of improving teachers and students by penalizing schools whose standardized test scores did not improve rapidly enough.

Since its passage, however, many Republicans and Democrats who initially supported the bill have joined critics who condemn the law for imposing unrealistic expectations on schools and failing to provide sufficient funds to make the required improvements. By 2005, least 10 state legislatures tried to roll back parts of the law and at least three states took steps to exempt themselves from some of the act’s provisions.

It was No Child Left Behind which fundamentally changed classroom education from the traditional approach to “teaching to the test.”

Even before George Bush proposed No Child Left Behind, the “Education Accountability Movement” was gaining momentum. The movement advocated for a common core of knowledge that all citizens should have in order to be successful in the nation’s workforce and they wanted mandatory testing of student achievement in order to achieve that goal. As part of this bold education reform movement, the nation’s governors and corporate leaders founded Achieve, Inc, a bi-partisan organization to raise academic standards, graduation requirements, improve assessments, and strengthen accountability in all 50 states. The year was 1996. Then in 2004, a report was published, titled “Ready or Not: Creating a High School Diploma That Counts,” which found that both employers and colleges are demanding more of high school graduates than in the past. According to Achieve, Inc., “current high-school exit expectations fall well short of what employers and colleges demand.”  The report concluded that the major problem currently facing the American school system is that high school graduates were not provided with the skills and knowledge they needed to succeed.  As the introduction to the report announced: “While students and their parents may still believe that the diploma reflects adequate preparation for the intellectual demands of adult life, in reality it falls far short of this common-sense goal.”  It alleged that a high school diploma no longer holds the value it used to because graduates could not compete successfully beyond high school.

The report went on the conclude that the solution to this problem is a common set of rigorous standards.  The stage was set for Common Core.

The development and promotion of the Common Core standards was a joint effort spearheaded by the National Governors Association Center for Best Practices (NGA) and the Council of Chief State School Officers (CCSSO).  The NGA and CCSSO coordinated the development process in partnership with Achieve, Inc.  In 2009, the NGA hired David Coleman, a businessman (not an educator) and a progressive, and Student Achievement to write curriculum standards in the areas of literacy and mathematics instruction. David Coleman, who despises classic literature and its teaching, is the chief architect of the Common Core standards. He is also listed as one of the top 10 scariest people involved with education reform.

As it was announced on June 1, 2009, the initiative’s stated purpose would be to “provide a consistent, clear understanding of what students are expected to learn, so teachers and parents know what they need to do to help them.”  With respect to the standards that were created, it was explained that: “The standards are designed to be robust and relevant to the real world, reflecting the knowledge and skills that our young people need for success in college and careers, which will place American students in a position in which they can compete in a global economy.”  A year later, on June 2, the standards were released.

With David Coleman as the architect of Common Core, it is no wonder that the teaching of classic literature has been sacrificed under the English Language Arts standards in order to teach from “informational texts.” hat is, students will have to know only the precise information presented in the document without room for analysis or interpretation   Informational texts range from everything from historical documents to insulation installation manuals,  presidential executive orders, environmental programming, and federal reserve documents.  (These are all actually on the recommended reading  list). Of course one has to ask: “Why can’t students read some of these “informational texts” in history class, for example, where they can be accompanied by proper analysis and discussion?”

While both the NGA and CCSSO appear to be state-based organizations, the reality is that both are DC-based trade associations (organizations founded and funded by businesses that operate in a specific industry). And Achieve, Inc, the group tasked with “raising academic standards and graduation requirements, improving assessments, and strengthening accountability” is actually a progressive non-profit group based out of DC which receives much of its funding by the Bill and Melinda Gates Foundation. (Bill and Melinda Gates are super liberals). The truth is that the Melinda and Bill Gates Foundation planned and funded all the development, did all the reviewing, and is now involved in the promotion of the Common Core, including selecting most of the figures on the various development committees. It is also worth noting that since creating the Common Core standards, David Coleman has recently been promoted to president of the College Board.  As president, he has promised to align the SAT with the Common Core standards he created.  First, he used his progressive education philosophy to hijack education for K-12 students and now he’s plotting it for post-secondary students as well.

As mentioned earlier, the Common Core State standards are scheduled to go into effect in 2014 and to be fully implemented (with testing) by 2015.  The 45 states that have adopted the program are currently phasing in the programs reforms. The standards released so far are in math and English language arts, but they will soon extend to science and then history (social studies).

Four states so far have either not adopted Common Core or have dropped out – Nebraska, Alaska, Texas, and Virginia. Alabama has introduced repeal legislation and now Kansas and Oklahoma are doing the same. Oklahoma took the first step in passing a bill (House Bill 1989) which will prohibit the sharing of its students’ personal information. Minnesota has only adopted the English language arts standards. And Indiana has recently passed legislation – a Common Core “Pause” Bill – that puts a pause on the implementation of Common Core in the state so that legislators, parents, teachers and school boards can have the time they were denied previously, to actually vet and analyze the Common Core agenda. The bill, in part, reads: “After May 15, 2013, the state board may take no further actions to implement as standards for the state or direct the department to implement any common core standards developed by the Common Core State Standards Initiative until the state board conducts a comprehensive evaluation of the common core standards.”  Indiana’s Governor Mike Pence, skeptical of Common Core, says the standards are less rigorous than Indiana’s prior standards and adopting them would mean giving up too much power over the setting of standards.

 

North Carolina and Common Core 

North Carolina adopted Common Core on June 4, 2010. That was only two days after the standards were released by the NGA and the CCSSO.  The NC Board of Education adopted it unanimously because it didn’t want to lose the federal “Race to the Top” funding.  The state legislature didn’t vote on it, nor have they taken any serious steps to put the brakes on its implementation. In fact, that’s been the case in 45 states.  Common Core was presented to the states at a time when the government knew the state legislatures would be out of session or beyond the point when they would entertain new legislation (the summer). The NGA and CCSSO knew they would have a better chance with the state boards of education, which are typically more liberal and progressive and like standards-based curriculum. And that’s what happened here in NC.  States didn’t want to lose the federal funding and therefore didn’t do the due diligence in researching the Common Core standards. If they had done so, they would have learned that almost everything the CC establishment has saying about it is a lie.

North Carolina schools began implementing the math and English language arts standards in the fall of 2012, although Common Core will fully go into effect in 2014-2015 when the tests (funded by the federal government) are provided.  At this time, most NC legislators think we are already too far down the road with Common Core and too dependent on federal education funding to break free and opt out.  Opting out would require one of two actions: (i) a decision by the state Board of Education (which would actually be feasible since many of the members who supported Common Core have been removed from the Board by newly-elected Republican Governor Pat McCrory and replaced with those who are skeptical of it); or (ii) action by the NC General Assembly to opt out (and refuse funding) or halt implementation. In April 2013, NC house members passéd House Bill 733 (H.B. 733) which creates a 20-member committee to study the Common Core standards and to make a report to the legislature in 2014 and 2015 and to make a final report in 2016, at which time the committee will be dismantled. If the bill called for a 1-year study, critics might be able to conclude that NC legislators are serious about figuring out if Common Core is good for its students and stopping a potentially bad program, but since the study is much longer and since Common Core will continue to be implemented and more firmly entrenched during that entire time, the bill is simply a diversionary tactic and only gives the illusion that our state legislature has good intentions. By the time the study is complete, Common Core will have established national standards and testing in all subjects.

 

The Initiative and Resolution to Oppose the Implementation of Common Core

An initiative has been organized to oppose the implementation of Common Core in North Carolina and ultimately to seek that it be rejected for our public schools. It is the belief of those who have spent time researching the standards that Common Core is a one-size-fits-all education agenda to nationalize education standards and then, by extension (and through the testing scheme), to control public school curriculum. The intention is to collect resolutions from as many groups around the state who want the brakes put on implementation of Common Core in North Carolina and then use them to put the pressure on our state legislature and state Board of Education.

I hope this information will encourage those in other states to organize opposition as well.

For those who live in North Carolina, please read the Resolution below and if you agree or simply want to err on the side of caution and provide more time for due diligence, please agree to add your name to it.  Also, please share with as many people as you can.  Once all signatures are collected, we will organize a day when groups can meet at the state legislature and together present the resolutions to all of our legislators.

To add your name, please contact Diane Rufino – crazy_for_the_80s@yahoo.com  (and put “COMMON CORE RESOLUTION” in the subject line).  Please include which town or county you live in and if you belong to any special organizations.

 

RESOLUTION OPPOSING COMMON CORE EDUCATION STANDARDS

WHEREAS, Common Core (CC) is a set of (math and English language arts) academic standards, created by two private membership organizations, the National Governor’s Association (NGA) and the Council of Chief State School Officers (CCSSO) and promoted as a “State Standards initiative” and as a method for conforming American students to uniform “internationally-benchmarked” achievement goals to make them more competitive in a global marketplace (1), and

WHEREAS, Common Core is being promoted as a “state initiative,” that description is merely offered to give the public the illusion that the agenda is “state-led.” Common Core standards were actually initiated by private interests in Washington DC and not by state lawmakers. Both the NGA and the CCSSO are both DC-based trade associations (organizations founded and funded by businesses that operate in a specific industry) which used ACHIEVE, Inc. to do the creative work. ACHIEVE, Inc. is a progressive non-profit group based out of DC which has received much of its funding by the Bill and Melinda Gates Foundation.

WHEREAS, Common Core is a top down, one-size-fits-all government takeover of our education system. It uses a one-size-fits-all approach to teaching and assumes the same in learning. The CC standards were founded on a severely flawed idea – that every child can learn the same way and at the same pace. It assumes that every child across America will “be on the same page at the same time”; and

WHEREAS, the federal government is bribing the states with federal funds in order to get them to assent blindly to the government’s education agenda. Even though Federal Law prohibits the federalizing of curriculum (2), the Obama Administration accepted the CC plan and used 2009 Stimulus Bill money to reward the states that were most committed to the President’s CC agenda; but, they failed to give states, their legislatures and their citizens time to evaluate the CC before having to commit to them (the old “bait and switch”), and

WHEREAS, the NGA and CCSSO in concert with the same corporations developing the CC ‘assessments’ have created new textbooks, digital media and other teaching materials aligned to the standards which must be purchased and adopted by local school districts in order that students may effectively compete on CC ‘assessments,’ and

WHEREAS, under the “one-size-fits-all” CC standards provided by the NGA and CCSSO and with the testing that the government will provide, teachers will rely less on creativity in order to teach, will be forced to stress rote memorization, and will end up “teaching to the test” (which means the government not only sets the standards but will also direct the curriculum); and

WHEREAS, up until forty years ago, this nation had the best system of education – both K-12 and colleges and universities – in the world. One of the traits that made American education great was its diversity. Elementary and secondary school students can choose among private, parochial, public, technical charter, virtual and home schools for their particular ‘flavor’ in curriculum. Yet uniformity (and NOT diversity) is what CC is all about; and

WHEREAS, in many cases, the CC standards are lower than already existing state standards; and

WHEREAS, instead of teaching critical thinking and problem solving, CC stresses the lowest common denominator, punishes achievement, and forces all students to conform to government standard;  and

WHEREAS, the curriculum will replace the study of classic literature in favor of reading so-called ‘informational texts,’ such as government documents, court opinions, and technical manuals; and

WHEREAS, Common Core will require “Data Mining,” which is a huge invasion of an individual’s right to privacy. States who have adopted CC to continue being eligible for Obama’s “Race to the Top” federal funding will be obliged to implement a State Longitudinal Database System (SLDS) used to track students. They will track students by obtaining personally identifiable information, including such intimate details as the SS# of parents, mother’s maiden name, political affiliation or beliefs of the student and parents, mental and psychological problems of the child and family, sex behavior or attitudes, a history of personal behavior (including illegal, anti-social, self-incriminating, and demeaning behavior), special relationships (with lawyers, physicians, ministers, etc), religious beliefs and affiliations, and income;  and

WHEREAS, Common Core changes the fundamental role of education – from teaching HOW to think and process information to WHAT to think. Common Core teaches for job placement. The emphasis that Common Core puts on “job placement” puts the focus of our education system primarily on the economy and not on the well-being of our children; and

WHEREASCommon Core will not only apply to all public schools, but it will affect charter schools, private schools, Christian schools and homeschooling as well. Recent statements from the College Board make clear that they are making the move to changing the SAT to reflect the CC as well (encouraged to accept only students who have an education based on CC). If the SAT is based on one curriculum, private school and home school curriculum may be forced to conform; and

WHEREAS, the Common Core standards are copyrighted by the NGA and CCSSO and therefore protected by intellectual property. Hence states are issued licenses to use them and forbidden, for the most part, from making any changes to them. In other words, Common Core, if fully enacted, will end the historical and legal rights of our communities to determine what our children are taught and how the material will be taught; and

WHEREAS, Common Core is being promoted as being “standards-based,” the truth is that educators have always had standards, guidelines, or benchmarks to guide curriculum? What is different all of sudden is that government is sliding towards a socialist agenda where it seeks a “one-size-fits-all” centralized scheme in regulating the lives of citizens; and

WHEREAS, the promoters of the CC standards claim they are based in research, the truth is that the creators were not researchers or educators or otherwise qualified to write the standards; and

WHEREAS, Common Core is an “untested” curriculum, which has not been field-tested anywhere, and which comes with a potential human price tag (requiring experimenting on our precious children), and which interferes with parental control and parental choice in the upbringing of their children; and

WHEREAS, our future depends on the next generation being able to solve the serious problems we face, and sub-standard government run education will only make things worse;

WHEREAS, Common Core comes with an enormous price tag (independent estimates put the cost at $14-16 billion over 7 years) yet that cost is not built in anywhere; and

WHEREAS, at its “core,” Common Core is essentially a social engineering experiment; and

WHEREAS, Common Core is a nationalized federal government takeover of our Education system which runs afoul of the Tenth Amendment, as education is a right reserved to the States.  The government certainly doesn’t have the power to create a one-size-fits-all take-over of education on all levels yet it uses its power of conditional spending to achieve the same purpose (an end-run around the Constitution). If the federal government has enough money to bribe the states to adopt its policies with taxpayer money, then the government is clearly overtaxing the American people. It should tax less and allow the states to tax more so at least the states can use its people’s money to serve their interests; and

WHEREAS, Common Core will force consistency and uniformity across the nation. As long as the States are bribed and coerced into adopting a national one-size-fits-all education scheme, then education in general will suffer severely because the states, as 50 independent laboratories of experimentation, will be precluded from trying to innovate and improve education and find solutions to the problems that plague our current education system (in other words, this imposed uniformity will stifle the innovation that federalism fosters).

Therefore, let it be –

RESOLVED, that the _______________________ (name of group) demands that the state Board of Education and our state legislators acknowledge and address the criticisms of the CC standards; and

RESOLVED, that the _______________________ (name of group) rejects thecollection of personal student data for any non-educational purpose without the prior written consent of an adult student or a child student’s parent and that it rejects the sharing of such personal data, without the prior written consent of an adult student or a child student’s parent, with any person or entity other than schools or education agencies within the state, and

RESOLVED, that the _______________________ (name of group) emphatically urges NC state officials to repeal the numerous federal regulations which interfere with State and local control of public schools, and

RESOLVED, that the _______________________ (name of group) urges our Legislators to get further involved in the current debate over Common Core, to halt implementation of the standards while a state initiative is pursued to do due diligence and perhaps take an independent state-based approach to the improvement of our education system, and to eventually introduce legislation to remove this system permanently from our schools in North Carolina.

 

References:

1.  www.corestandards.org

2.  Federal Law 20 USC 1232a-Sec. 1232a. and The Elementary and Secondary Education Act (ESEA) Pub.L. 89-10, 79 Stat. 27, 20 US.C. ch. 70.  http://us-code.vlex.com/vid/prohibition-against-federal-control-19195093

3.  Diane Rufino, “‘Common Core or ‘Rotten to the Core’ – You Decide,” For Love of God and Country, May 11, 2013.  Referenced at:  http://www.forloveofgodandcountry.com

4.  Common Core Terms of Use – http://www.corestandards.org/terms-of-use

 

 

Article References:

Department of Education. “President Obama, U.S. Secretary of Education Duncan Announce National Competition to Advance School Reform,” Ed.gov, July 24, 2009. Referenced at:  http://www2.ed.gov/news/pressreleases/2009/07/07242009.htm

Kristina Nwazota, “The Federal Role in Education Before No Child Left Behind,” PBS: The Online News Hour, August 21, 2005.  Referenced at:  http://www.pbs.org/newshour/indepth_coverage/education/no_child/before.html

Diane Rufino, “‘Common Core or ‘Rotten to the Core’ – You Decide,” For Love of God and Country, May 11, 2013.  Referenced at:  http://www.forloveofgodandcountry.com

Top Ten Scariest People in Education Reform.” http://whatiscommoncore.wordpress.com/2013/03/21/top-ten-scariest-people-in-education-reform-9-david-coleman/

Wikipedia (for a detailed look at the standards and examples) –http://en.wikipedia.org/wiki/Common_Core_State_Standards_Initiative

The 221st Anniversary of the Bill of Rights Should Inspire States to Re-Assert Sovereignty

Bill of Rights-scroll      by Diane Rufino, December 30, 2012

December 15 was Bill of Rights Day.  It marks the 221st anniversary of the day when the first ten amendments – our Bill of Rights – were ratified in 1791.

The Bill of Rights is among those documents classified as “Charters of Freedom.”  It belongs with the list that includes the Magna Carta, the Habeas Corpus Act, the English Petition of Right, the English Bill of Rights, the Virginia Statute for Religious Freedom, and the Virginia Declaration of Rights.  We are reminded everyday of regimes all over the world where people enjoy no fundamental rights, no freedom of religion, no freedom of speech, no freedom of assembly. We read about abusive judicial systems that lack of guarantees of due process, jury trials, and protection against self-incrimination. And we hear about oppressive police states where unreasonable searches and seizures and cruel and unusual punishment are commonplace. All of these places lack the protection of basic human rights that make this country  the land of the free.

When our Constitution was first established, it was assumed that the description of specific powers granted to the government would leave no doubt as to what the government could and could not do, and that the absence of powers over the rights of the people would leave those rights protected.  But Thomas Jefferson and others were wary of leaving such important matters up to inference. They insisted on a Bill of Rights that would state in unmistakable terms those rights of the people that must be left inviolate. In 1787, Jefferson wrote to James Madison:  ”A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inferences.”  September 17, 1787, the delegates to the Constitutional Convention in Philadelphia signed the final draft of the Constitution and left to go back to their states.  When Jefferson learned that the draft did not contain a Bill of Rights, he noted that it was reckless. He commented that if the states even considered ratifying it, it would amount to “a degeneracy in the principles of liberty.”

As it turned out, the Madison should have listened to Jefferson because many of the states would not ratify it without a Bill of Rights.

When the delegates at the Convention finished their work in Philadelphia, the only thing they created was a “proposal.”  That proposal for a Union, held together by the scheme of federal government outlined in Articles I – III, would have to go to all the states for ratification. Nine of the 13 states would have to ratify it for the Constitution to become effective for those ratifying states. But quickly, a fierce debate broke out in the states – between the Federalists (who were the majority at the Convention) and the Anti-Federalists (who were suspicious of the power delegated to the proposed federal government).  The Federalists, of course, argued that the Constitution should be approved, but the Anti-Federalists urged the states not to ratify it.  They were aggressive in their criticisms, and soon essays written by several of the anti-Federalists appeared in publications in the several states.  They appeared under various assumed names, such as Brutus, Cato, Centinel, Aristocrotis, and the Federal Farmer.  George Clinton, the Governor of New York, Richard Henry Lee and James Mason of Virginia, Samuel Adams, John Hancock, Elbridge Gerry, Nathaniel Ames, and James Winthrop of Massachusetts, and even Patrick Henry were anti-Federalists.  Alexander Hamilton and John Jay of New York, and James Madison of Virginia, all representing key states that were siding with the anti-Federalists, got together to write a series of 85 essays that explained the Constitution in detail and addressed the criticisms outlined in the Anti-Federalist Papers. These would become known as The Federalist Papers.

For many states, the decision to support or oppose the new plan of government came down to one issue – whether their sovereign powers and the individual liberties of the People were jeopardized by its lack of a Bill of Rights. After all, they had rebelled against Britain because it had in their view ceased to respect their age-old liberties as Englishmen—liberties enshrined in the 1215 Magna Carta and the 1689 English Declaration of Rights.  Having fought a long war to protect these rights, were they then to sacrifice them to their own government?  Others countered that a bill of rights actually endangered their liberties…  that listing the rights a government could not violate implied that unlisted rights could be restricted or abolished.  After much discussion at the Philadelphia Convention, the majority of the delegates were of the latter opinion. But that decision cost the signatures of several high-profile delegates, such as George Mason and Edmund Randolph of Virginia and Elbridge Gerry of Massachusetts.  George Mason felt that the Constitution did not adequately provide protection for the states’ rights and interests, Elbridge Gerry was not happy with the commerce power delegated to the federal government or with the taxing power which he felt might be burdensome on the states, and Randolph, a lawyer, was not content with the looseness of some of the language, fearing that future generations, and particularly the government itself, would seek sweeping changes to the meaning and intent of the document. [Edmund Randolph was the author of the Virginia Plan which was presented at the Constitutional Convention and George Mason was the author of Virginia’s Bill of Rights].

Many of the state conventions ratified the Constitution, but called for amendments specifically protecting individual rights from abridgement by the federal government. The debate raged for months. By June of 1788, with assurances that a Bill of Rights would be proposed, nine states had ratified the Constitution, ensuring it would go into effect for those nine states.  However, key states including Virginia and New York had not ratified and it wasn’t sure that they would without an actual Bill of Rights. After all, the colonies had rebelled against Britain because it had in their view ceased to respect their age-old liberties as Englishmen – liberties enshrined in the Magna Carta (“Great Charter”) of 1215 and the English Bill of Rights of 1689. Having fought a long and bitter war to protect these rights, were the states willing to sacrifice them to their own government?

In Virginia, Patrick Henry was accusing the proposed government of ‘tending or squinting toward the monarchy’ and being a ‘national’ rather than a ‘federal’ one, with no effective checks and balances against a majority or against a government determined to usurp power and no Bill of Rights to curb government power.  He warned: “This proposal of altering our Federal Government is of a most alarming nature.  You ought to be extremely cautious, watchful, jealous of your liberty, for instead of securing your rights you may lose them forever. If a wrong step be now made, the republic may be lost forever. If this new Government will not come up to the expectation of the people, and they should be disappointed – their liberty will be lost, and tyranny must and will arise. I repeat it again, and I beg Gentlemen to consider, that a wrong step made now will plunge us into misery, and our Republic will be lost.”  He continued: “Liberty, the greatest of all earthly blessings, gave us that precious jewel, and you may take everything else! … The Confederation, this same despised government, merits, in my opinion, the highest encomium; it carried us through a long and dangerous war; it rendered us victorious in that bloody conflict with a powerful nation; it has secured us a territory greater than any European monarch possesses; and shall a government which has been thus strong and vigorous, be accused of imbecility, and abandoned for want of energy? Consider what you are about to do before you part with the government … We are cautioned by the honorable gentleman who presides against faction and turbulence. I acknowledge also the new form of government may effectually prevent it; yet there is another thing it will as effectually do: it will oppress and ruin the people. … This Constitution is said to have beautiful features, but when I come to examine these features, sir, they appear to me horribly frightful; among other deformities, it has an awful squinting-it squints towards monarchy; and does not this raise indignation in the breast of every true American? Your President may easily become king; your senate is so imperfectly constructed that your dearest rights may be sacrificed by what may be a small minority; and a very small minority may continue forever unchangeably this government, although horribly defective: where are your checks in this government?”

James Madison, the principal author of the Constitution, knew that grave doubts would be cast on the Constitution if Virginia and New York (the home states of several of its chief architects, including Madison himself, and the authors of the Federalist Papers) did not adopt it.  Perhaps he got that impression after Patrick Henry addressed the Virginia Ratification Convention on June 16, 1788 and spoke the following words:

“Mr. Chairman, the necessity of a Bill of Rights appears to me to be greater in this government than ever it was in any government before.  Let us consider the sentiments which have been entertained by the people of America on this subject. At the revolution, it must be admitted that it was their sense to set down those great rights which ought, in all countries, to be held inviolable and sacred. Virginia did so, we all remember. She made a compact to reserve, expressly, certain rights.

When fortified with full, adequate, and abundant representation, was she satisfied with that representation?  No.  She most cautiously and guardedly reserved and secured those invaluable, inestimable rights and privileges, which no people, inspired with the least glow of patriotic liberty, ever did, or ever can, abandon.

She is called upon now to abandon them and dissolve that compact which secured them to her. She is called upon to accede to another compact, which most infallibly supersedes and annihilates her present one. Will she do it?  This is the question. If you intend to reserve your unalienable rights, you must have the most express stipulation; for, if implication be allowed, you are ousted of those rights. If the people do not think it necessary to reserve them, they will be supposed to be given up.

How were the congressional rights defined when the people of America united by a confederacy to defend their liberties and rights against the tyrannical attempts of Great Britain? The states were not then contented with implied reservation. No, Mr. Chairman. It was expressly declared in our Confederation that every right was retained by the states, respectively, which was not given up to the government of the United States. But there is no such thing here. You, therefore, by a natural and unavoidable implication, give up your rights to the general government.

Your own example furnishes an argument against it. If you give up these powers, without a Bill of Rights, you will exhibit the most absurd thing to mankind that ever the world saw – a government that has abandoned all its powers…. the powers of direct taxation, the sword, and the purse. You have disposed of them to Congress, without a Bill of Rights, without check, limitation, or control. And still you have checks and guards; still you keep barriers – pointed where?  Pointed against your weakened, prostrated, enervated state government! You have a Bill of Rights to defend you against the state government, which is bereaved of all power, and yet you have none against Congress, though in full and exclusive possession of all power! You arm yourselves against the weak and defenseless, and expose yourselves naked to the armed and powerful. Is not this a conduct of unexampled absurdity? What barriers have you to oppose to this most strong, energetic government? To that government you have nothing to oppose. All your defense is given up. This is a real, actual defect. It must strike the mind of every gentleman.

When our government was first instituted in Virginia, we declared the common law of England to be in force.  By this (federal) Constitution, some of the best barriers of human rights are thrown away. That system of law which has been admired and which has protected us and our ancestors, has been excluded.  Is this not enough of a reason to have a Bill of Rights?”

It was during this Ratification Convention in Virginia that Madison promised that a Bill of Rights would be drafted and submitted to the States. His promise reassured the convention delegates and the Constitution was approved in that state by the narrowest margin, 89-87. New York soon followed, but submitted proposed amendments. Two states, Rhode Island and North Carolina, refused to ratify without a Bill of Rights. North Carolina refused to ratify in July 1788, and Rhode Island rejected it by popular referendum in March 1788 and North Carolina refused to ratify it in their convention in July.

A year later, on June 8, 1789, referring to Virginia’s Declaration of Rights and the recommendations of the several state ratifying conventions, Madison proposed a series of 20 amendments to the first Congress. He had kept his promise and did so with utmost urgency, for the First US Congress only convened three months earlier, on March 4 (and George Washington had only been inaugurated as the nation’s first US President on April 31st).  In the speech he gave to Congress to propose the amendments, he said:

“It appears to me that this house is bound by every motive of prudence, not to let the first session pass over without proposing to the state legislatures some things (amendments) to be incorporated into the Constitution, as will render it as acceptable to the whole people of the United States…. It will be a desirable thing to extinguish from the bosom of every member of the community any apprehensions that there are those among his countrymen who wish to deprive them of the liberty for which they valiantly fought and honorably bled.

In some instances the states assert those rights which are exercised by the people in forming and establishing a plan of government. In other instances, they specify those rights which are retained when particular powers are given up to be exercised by the legislature. In other instances, they specify positive rights, which may seem to result from the nature of the compact. Trial by jury cannot be considered as a natural right, but a right resulting from the social compact which regulates the action of the community, but is as essential to secure the liberty of the people as any one of the pre-existent rights of nature. In other instances they lay down dogmatic maxims with respect to the construction of the government; declaring, that the legislative, executive, and judicial branches shall be kept separate and distinct: Perhaps the best way of securing this in practice is to provide such checks, as will prevent the encroachment of the one upon the other.

But whatever may be form which the several states have adopted in making declarations in favor of particular rights, the great object in view is to limit and qualify the powers of government, by excepting out of the grant of power those cases in which the government ought not to act, or to act only in a particular mode. They point these exceptions sometimes against the abuse of the executive power, sometimes against the legislative, and, in some cases, against the community itself; or, in other words, against the majority in favor of the minority.

If they are incorporated into the constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the constitution by the declaration of rights. Beside this security, there is a great probability that such a declaration in the federal system would be enforced; because the state legislatures will jealously and closely watch the operation of this government, and be able to resist with more effect every assumption of power than any other power on earth can do; and the greatest opponents to a federal government admit the state legislatures to be sure guardians of the people’s liberty. I conclude from this view of the subject, that it will be proper in itself, and highly politic, for the tranquility of the public mind, and the stability of the government, that we should offer something, in the form I have proposed, to be incorporated in the system of government, as a declaration of the rights of the people.

I am convinced of the absolute necessity (of these amendments).  I think we should obtain the confidence of our fellow citizens, in proportion as we fortify the rights of the people against the encroachments of the government.”

In his speech, Madison emphasized the great concern of the states –  How to prevent the encroachments of government?  As he explained, the ten amendments to the Constitution – the Bill of Rights – were crafted to “limit and qualify the powers of government, by excepting out of the grant of power those cases in which the government ought not to act, or to act only in a particular mode.”  It was not individual freedom that the states wanted.  After all, under the American system, all men were created with inalienable rights that come from our Creator and not government.  No, our Founders and state leaders wanted freedom from government. The Bill of Rights doesn’t grant rights. Rather, it recognizes rights. It requires that the government not interfere with those rights. In other words, our Founders and state leaders wanted constitutional liberty. “If they are incorporated into the Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights.”  It was a hopeful plan.

In fact is that the plan was not the brainchild of the Federalists, who won the day at the Constitutional Convention in Philadelphia. It wasn’t the brainchild of James Madison, initially an avowed Nationalist. The Constitution was amended by the States because of the influence of the anti-Federalists. While it was the Federalists (in the true sense of their name) who rejected the Virginia Plan and supported state representation in the legislature (giving the government itself a “federal” nature),  it wasn’t enough for those who wanted more protection and security for the rights of the States and individuals.

[Note that our Founders, as early as the Constitutional Convention in 1787, came to appreciate state representation in government. They referred to it as providing a state ‘negative’ (a veto power) in government, in order to safeguard the rights, powers, and interests of the states. The same sentiment was emphasized in the state ratifying conventions, only in stronger language.  For those who question the legitimacy of nullification, we can see its very origins in the states’ representation in government. It is clear that the doctrine was part of the dialogue in our nation’s very founding and was implicit in the very design of government].

It was Thomas Jefferson who impressed upon Madison the need for a Bill of Rights. He urged him to heed the concerns of the anti-Federalists, which now became the concern of the various states.  The over-arching concern was the rise of national power at the expense of state power. For example, the Federal Farmer (authored most likely by Richard Henry Lee, of Virginia), in stressing the necessity of a Bill of Rights and protections against a consolidation of power in government, wrote: “Our object has been all along to reform our federal system and to strengthen our governments… However, the plan of government is evidently calculated totally to change, in time, our condition as a people.  Instead of being thirteen republics under a federal head, it is clearly designed to make us one consolidated government.”  George Mason, a delegate to the Philadelphia Convention who refused to support the Constitution, explained that the plan was “totally subversive of every principle which has hitherto governed us. This power is calculated to annihilate totally the state governments.” Brutus, another anti-Federalist, wrote: “The best government for America is a confederation of independent states for the conducting of certain general concerns, in which they have a common interest, leaving the management of their internal and local affairs to their separate governments.  How far shall the powers of the states extend is the question.”

Centinel, yet another Anti-Federalist, reminded readers of the nature of republics. Agreeing with Montesquieu (one of the philosophers our Founders relied heavily on), that a republic government could only survive in a small territory, the anti-Federalists came to the conclusion that America would have to be a federal republic and a union of states (and NOT the states united!).  As small republics themselves, the states would provide the foundation for republican and limited government in our new Union. “From the nature of things, from the opinions of the greatest writers and from the peculiar circumstances of the United States, it is not practical to establish and maintain one government on the principles of freedom in so extensive a territory. The only plausible system by which so extensive a country can be governed consistent with freedom is a confederation of republics, possessing all the powers of internal government and united in the management of their general and foreign concerns….”  [from Centinel]

Brutus agreed. “Neither the general government nor the state governments ought to be vested with all the powers to be exercised for promoting the ends of government. The powers are divided between them – certain ends are to be attained by the one and other certain ends by the other, and these, taken together, include all the ends of good government.”  [articulating our system of dual sovereignty].

Nathaniel Ames, of Massachusetts, wrote: “The state governments represent the wishes and feelings of the people. They are the safeguards and ornament of our liberties – they will afford a shelter against the abuse of power, and will be the natural avengers of our violated rights.”  Patrick Henry of Virginia agreed. He referred to the proposed government under the new Constitution a “consolidated and a dangerous” one, and added: “The States are the character and soul of a confederation.  If the states be not the agents of this compact, it must be one great consolidated national government, of the people of all the states…   The people sent delegates, but the states did.”

Taken together, the anti-Federalists concluded that the United States could only exist successfully as a nation if “distinct republics connected under a federal head. In this case the respective state governments must be the principal guardians of the peoples’ rights…. In them must rest the balance of government.”

The US House debated and discussed the proposed amendments, and eventually edited, re-worked, and consolidated them down into 17 amendments. The Senate took up the amendments and made their own edits and alterations, and in September, the two houses got together and reached a compromise. Twelve amendments were approved on September 25 and then sent to the States for ratification.  All in all, it has been said that only two major provisions among the proposed 19-20 original amendments were eliminated by the House and Senate.

The amendments were designed to protect the basic freedoms of US citizens from the reaches of government, namely the freedoms of speech, press, assembly, and exercise of religion, the right to bear arms for self protection, the right to be secure in one’s person, home, and privacy against government searches and seizures, the right not to be denied Life, Liberty, or Property without due process, the right of habeas corpus, the right to fair criminal and civil legal proceedings and proper procedural safeguards,  and the right to be spared cruel and unusual punishment. Additionally, one amendment (the 9th Amendment) was included to memorialize the notion that sovereign power originates in the individual and another (the 10th Amendment) was included to memorialize the federal nation of our government system (“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”).

Influenced by the English Bill of Rights of 1689, the Bill of Rights was also drawn, as mentioned above, from Virginia’s Declaration of Rights, drafted by George Mason in 1776.  While Mason refused to sign the Constitution drafted in Philadelphia, in the ratification struggle that followed, Mason and other critics agreed to support the Constitution in exchange for the assurance that amendments would be passed immediately. While our Bill of Rights was indeed strongly influenced by the plight of the British to limit the “divine” power of the King in their lives and the many charters of freedom they extracted from their rulers, James Madison saw one very important difference between those documents and the Constitution: “In Europe, charters of liberty have been granted by power. America has set the example of charters of power granted by liberty.”

On December 15, 1791, Virginia became the 10th of 14 states to approve 10 of the 12 amendments, thus giving the Bill of Rights the two-thirds majority required by Article V of the Constitution to go into effect.  Finally, the rights held most dearly by free men would not merely “rest on inference.”

In the end, the anti-Federalists won the day.

Of the two amendments not ratified, the first concerned the population system of representation, while the second prohibited laws varying the payment of congressional members from taking effect until an election intervened. The first of these two amendments was never ratified, while the second was finally ratified more than 200 years later, in 1992.

In 1789, the new Union of States was established under the US Constitution.  Its enumeration of limited powers was intended to provide a basis for unity but the flexibility the states sought to remain the sovereigns they wanted to be.  As Thomas Jefferson explained to Joseph Cabell in 1816: “The way to have good and safe government, is not to trust it all to one, but to divide it among the many, distributing to everyone exactly the function he is competent to.  Let the National Government be entrusted with the defense of the nation and its foreign and federal relations; the State governments with the civil rights, laws, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself.  It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man’s farm by himself; by placing under everyone what his own eye may superintend, that all will be done for the best.”

While many Americans are familiar with the Bill of Rights and especially the ones that we hear often in the news and on pop culture law enforcement shows, no one mentions the preamble to the set of ten amendments ratified on December 15, 1791.  The Preamble to the Bill of Rights reads: “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.”  We see that the first ten amendments are intended to be “declaratory and restrictive clauses.”  This means they supersede all other parts of our Constitution and restrict the powers of our Constitution. The Bill of Rights is a declaration of restrictions to the powers delegated to the federal government.  While amendments one through eight (1-8) have some historical context and many are direct and almost verbatim texts from British compacts/charters, the Ninth and Tenth Amendments are uniquely American.

Why is it that we never hear anyone refer to this phrase when looking for support of states’ rights?  This is probably the clearest expression of intent by the States to have the government respect their bulk of reserved sovereign powers.

The Bill of Rights was meant to prevent a repeat of the abuses that compelled our forefathers to take up arms.   It was meant as a shield to protect the people against tyranny, so that the sacrifices and bloodshed by our forefathers would not be in vain. History is repeating itself, and once again, a free people is engaged in the endless struggle between good and evil, between liberty and tyranny. Just like colonial times when a group of liberty-minded folks – the Sons of Liberty – emerged from the People to remind them of this struggle, the modern-day TEA party and other Liberty-minded groups have emerged to do the same thing. And like the Sons of Liberty, which started out as a small group of “agitators” in the several colonies, the Tea Party and other Liberty-minded groups are growing in number as well.  The problem in confronting the steady consolidation of power by the federal government has been the reluctance of states to stand up to their one-time “agent” (now their “master”).  Too many state leaders ignore their oaths of allegiance to the US Constitution and ignore the Ninth and Tenth Amendments – the very amendments they fought so hard in convention for. They question their right to second-guess the decisions of the federal government.  That’s like a 12-year-old bossing his parents around and the parents capitulating because they don’t feel they have the right to second-guess his actions or constrain his conduct.  When we have leaders who are supposed to be “on our side” – on the side of limited government and maximum liberty – but don’t fundamentally believe in our core conservative and government principles, then we have a problem.  We have this problem in my home state of  North Carolina.

North Carolina has a proud history of standing up against government oppression. It was the first state to push for a Declaration of Independence from Britain, it was the first state to authorize its delegates to vote such a Declaration, and it refused to sign the Constitution unless it was amended (to make sure power could not be concentrated in a federal government). And while Virginia (the home of Thomas Jefferson, James Madison, George Washington, and Patrick Henry) proposed twenty alterations to the Constitution and a separate Bill of Rights consisting of twenty items (modeled on George Mason’s 1776 Virginia Declaration of Rights), North Carolina said they still weren’t good enough and wanted an additional six amendments.  North Carolina didn’t want to secede from the Union in 1861, but given the choice between being forced by President Lincoln to take up arms and use them on its southern neighbors (who had seceded peacefully and established a new nation), it chose to respect the freedoms laid out in the Declaration of Independence and Constitution and sever its political bonds with the federal government. With a history so rich and distinguished, it is a sad state of affairs when state leaders announce that they are powerless to question the actions of the federal government even when they know full well that the actions of our current administration are equally egregious to those committed by King George back in the 1770′s.

Other states have a similar history of freedom and have contributed greatly to our shared values and principles. What’s more, some of these states are beginning to re-assert their sovereignty under the 10th Amendment, as well as their “express desire” to “restrict the misconstruction” and “abuse” of federal powers, as they did when they adopted the Preamble and the Bill of Rights in 1791.  For example, the Montana state house passed a State Sovereignty resolution (House Joint Resolution H.J. 26) to assert state rights and define the “line in the sand” which separates the “numerous and indefinite” sovereign powers of the state from the “limited and defined”  sovereign powers of the federal government. [“The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”   James Madison, Federalist Papers No. 45]   The Resolution declared that Montana would jealously guard certain rights and would not tolerate the government intruding in them.

In a time when the government is more concerned with its own existence and power than with protecting the rights and interests of a free and sovereign people, I would suggest that more states need to adopt resolutions like the one Montana endorsed (although the state senate did not pass) and draw that “line in the sand” and reverse the injustice that has been done to the American people over the last 145 years or so.  That line in the sand is necessary to re-establish the proper balance of power between the government and the states that the Constitution, and the Bill of Rights, established in order that individual freedom is most firmly secured. It is necessary, as James Madison himself came to understand and appreciate, to maintain the strength of the individual states to “obtain the confidence of our fellow citizens, in proportion as we fortify the rights of the people against the encroachments of the government.”

Thomas Jefferson probably said it the best: “When injustice becomes law, rebellion becomes a duty.”

A State Sovereignty Bill that my state of North Carolina should consider is as follows:

 

MODEL LEGISLATION AFFIRMING STATES’ RIGHTS AND CONDEMNING ENCROACHMENT OF THOSE RIGHTS BY THE FEDERAL GOVERNMENT AND EXECUTIVE ORDERS

The government of the great State of North Carolina re-acknowledges and re-asserts the following:

(1).   The Constitution of the State of North Carolina declares that all political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole, and that the people of North Carolina have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering or abolishing their Constitution and form of government whenever it may be necessary to their safety and happiness; but every such right shall be exercised in pursuance of law and consistently with the Constitution of the United States.

(2).  The aforementioned “inherent and exclusive right” may never be expressly delegated to the United States Congress.

(3).  The Constitution that is legitimately recognized by the State of North Carolina is the one interpreted according to the intent of its creation, defined by Federalist Papers, limited by the understanding of the states and assurances given them when they signed the document in their Ratification Conventions, limited by the express language included in the Preamble of the Bill of Rights, limited by the full scope of each amendment comprising the Bill of Rights (including the Ninth and Tenth Amendments), limited by the essence of the Supremacy Clause (only those laws pursuant to a valid constitutional exercise of authority are supreme; all others are not), amended strictly and legitimately according to Article V,  and spirited by the federal design of our government system (which is our most critical of checks and balances).

(4).  The People of North Carolina together form a free, sovereign, and independent body politic (ie, a state) by the name of “The State of North Carolina.”

(5).  The People of North Carolina agree that all powers not expressly delegated to the federal government in the United States Constitution and Bill of Rights must be reserved and exercised by individual states or by themselves.

(6).  Although North Carolina became an independent and completely sovereign state on December 18, 1776, it freely entered into the federal Union on July 21, 1778 when it adopted the Articles of Confederation for mutual benefit and security (“Join or Die”) and re-committed itself to the Union on November 21, 1789 when it became the twelfth state to ratify the US Constitution.

(7).  When North Carolina agreed to join the Union, it did so by social compact.  In signing the Constitution, it established a social compact (or contract) with its fellow states, to delegate certain common functions to a common, federal government in order to act like a Union of states instead of 13 independent states.

(8).  A social compact must be implemented consistent with the terms and understandings in place at the time it is entered into.

(9).  Legally, a compact, like a contract, is valid only when the terms defining the responsibilities, burdens, and benefits of that agreement are still in place.  Once the terms are materially altered, the contract no longer legally binds the parties.

(10).  One important term of the contact is the protection of states’ rights, as reflected in the 10th Amendment (“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 government of the great State of North Carolina, on behalf of its People and for their protection and liberty interests, declares the following political posturing with respect to the federal government:

(1).  That the federal government was created and vested with specified powers that are “limited and defined” for the general management of the independent states but not for the internal regulation of their people and their affairs; the latter are matters rightfully left to the states themselves. To assume otherwise would be to define the government as a national one; yet that scheme was roundly rejected by the states.

(2).  That the several states of the United States, and particularly the State of North Carolina, are not united on the principle of unlimited submission to general government; rather, by ratifying the federal Constitution and Bill of Rights, they designed, created, and constituted a general government for special purposes and delegated to that government certain definite powers, while reserving to themselves all other rights.

(3).  That when the general government assumes undelegated powers, its acts are void and of no force; they are unenforceable by the states

(4).  That the government created by the federal Constitution and the Bill of Rights was not granted the right to determine the extent of the powers delegated to itself, since that would have made its discretion, and not the federal Constitution and Bill of Rights, the measure of its powers.

(5).  There are various examples of constitutional over-reach and abuse by the federal government which have already burdened the sovereign rights and interests of the State of North Carolina, as well as its People, including:

(a)  the federal power to punish crimes, under the Constitution, is limited to treason, counterfeiting of the securities and current coin of the United States, piracies, felonies committed on the high seas, offenses against the law of nations, and slavery.  The government is not authorized to punish any other crimes, and the Constitution been amended to include others.  Therefore, all acts of Congress that assume to create, define, or punish crimes, other than those enumerated in the federal Constitution, exceed the scope of the federal compact and are void and of no force.  The power to create, define, and punish other crimes is reserved by the states.

(b)  the individual rights of freedom of religion and conscience, freedom of speech, and freedom of the press are beyond the reach of the federal government and therefore reserved to the states or the people, allowing states the power to judge the appropriate scope of each right. All acts of Congress and decisions of the federal courts that abridge freedom of religion, freedom of speech, or freedom of the press violate the federal compact and are not law and are void.  [Furthermore, the Supreme Court introduced a legal fiction – the “Wall of Separation” doctrine – into First Amendment jurisprudence to abridge the right of religion and thereby frustrate the states in their ability to legislate morality, which is a legitimate state police power].

(c)  the power over the freedom of the right to keep and bear arms was reserved to the states and to the people, allowing states the right to judge how far infringements on the right to bear arms should be tolerated, rather than allowing that exercise to be defined by Congress. All acts of Congress and decisions of the federal government that attempt to abridge this freedom will violate the federal compact and will be deemed null and void and unenforceable.

(d)  that Congress has usurped the meaning of certain phrases of the federal Constitution, such as those phrases that delegate to Congress a power “to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States” and “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof,” in order to unilaterally concentrate its powers and destroy the limits placed on its authority.

(e)  that Congress and the President have usurped the Constitution’s war powers.  The Constitution divides war powers between the Congress and the President.  This division was intended by the framers to ensure that wars would not be entered into easily or unnecessarily send our citizens into battle. The Constitution’s division of powers leaves the President with some exclusive powers as Commander-in-Chief (such as decisions on the field of battle) and Congress with certain other exclusive powers (such as the ability to declare war and appropriate dollars to support the war effort).  The federal government has committed US forces without formal declarations of war.  With such laws as the Military Authorization Act and National Defense Authorization Acts, the government has done an end run on the Constitution by declaring an undefined “war on terrorism” (where “terrorism” is not a defined enemy or country, but a “tactic”) and extending the battlefield to our very United States. By defining the US as a battlefield, the government is claiming it has the power to apply the laws of war over the protections of the Bill of Rights.

(f)  that the federal government has created a new power for itself – the power to declare American citizens as “enemy combatants” in order to detain them indefinitely and suspend the protections protected for them in the Bill of Rights.  “Enemy combatants” are defined by the government as those who fight or engage in hostilities against the United States.  What constitutes conduct that justifies “enemy combatant” status is not clear. It appears that the US Constitution already addresses the situation where an American engages in hostilities against the United States or gives aid and support to an enemy. It is called “treason” and is addressed in Article III, Section 3. The government is already given the power to deal with treason and is given precise guidelines to prosecute traitors. The National Defense Authorization Act (NDAA) relies on this “new” (and unconstitutional) power in order to expand the government’s defense power.

(g)  that the federal government was created to perform common functions for all states and not to use its powers to spy on American citizens, such as patrolling the skies with drones, monitoring speech, evaluating the extent of property, and establishing political profiles.

(h)  that the US Supreme Court exceeded its power under Article III of the Constitution in the healthcare decision of June 28, 2012 (National Federation of Independent Business v. Sibelius) by expanding Congress’ taxing power rather than confining it within the scope of Article I, according to the intent of the provision (James Madison believed that the true meaning of the Constitution was to be found in the state ratifying conventions, for it was there that the people, assembled in convention, were instructed with regard to what the new document meant. Thomas Jefferson agreed as well.  He said: “Should you wish to know the meaning of the Constitution, consult the words of its friends.”).  With the decision, the Supreme Court re-characterized the Individual Mandate as a tax and not a “penalty” (as Congress itself defined) and said Congress is within its power “to impose a tax on those who have a certain amount of income but choose to go without health insurance.” The decision seems to disregard the fairness notion of “equal application of the laws.”  While the government does not have the power to order people to buy health insurance, the Court says it has the power to impose a tax to force people to do so.  In other words, the decision says that the government has unlimited power to use its taxing power to coerce Americans into conduct it desires; it has unlimited power to control every economic decision that every individual makes. This is a grave violation of the Liberty guarantee outlined in the Declaration of Independence. [There is another constitutional violation. Article I, Section 7, clause 1 of the Constitution say that all bills that raise revenue must originate in the House. The healthcare bill, which includes at least 21 embedded taxes to raise revenue to fund the healthcare scheme, originated in the Senate, as H.R. 3590.  Reminded of the offensiveness of the Stamp Act of 1765, imposed by King George, the Founders drafted the Constitution to require that taxes and tax increases originate in the House of Representatives. That is to say, they must originate in the legislative body most accountable to the people, where legislators must weigh the need for the tax against the terrible price they might pay at their next election, which is never more than two years off.  In  Federalist No. 58, James Madison defended the decision to give the origination power to the House on the ground that the Chamber that is more accountable to the people should have the primary role in raising revenue.  The Supreme Court, as part of the system of checks and balances, was supposed to “check” the legislative branch on this violation of the Constitution]

(i)  that the federal government has used its taxing power to control and coerce states, and in general, to undermine the powers of the States to regulate under the Tenth Amendment.  If the federal government has the ability to provide funding to the States for projects and policies that it wants to promote (federal grants which are “conditioned”), then it is taxing Americans too heavily. Under concepts of federalism, the government should reduce its federal income tax rate and allow the states the ability to increase its state taxation rate in order to raise the funding for its own projects. This way, states can spend money the way it sees fit for its own people and circumstances and not as the federal government demands.

(j)  That the Executive is using Executive Orders to usurp the legislative powers of Congress when its constitutional powers are limited to those of executing the laws.  As such, many Executive Orders violate the Separation of Powers and blatantly violate the Constitution.

(k)  that the federal government used the events of the secession of the southern states and the Civil War to illegally and unconstitutionally erode the sovereign powers of the individual States. The events leading up to the Civil War and then Reconstruction were so marred with unconstitutional violations that it can be argued that the government and its actions during that time were illegitimate in many respects and therefore not binding on the respective parties (ie, the States).   [For example, President Lincoln took extraordinary liberties with the office of the Presidency in initiating the Civil War and suppressing opposition, in violation of the Constitution – such as ordering actions to initiate hostilities and suspending habeas corpus and having Americans put to death for exercising freedom of speech.  Congress, after the fact, sought to affirm those violations on July 11, 1861 with a Joint Resolution in which it declared Lincoln’s “extraordinary acts, proclamations, and orders” to be “legal and valid” and “necessary for the preservation of the government.” The preservation of government was what was at stake with the signing of the Constitution. Restraining government on the States and the People was. The government cannot violate the Constitution in order to claim to uphold it. The government itself cannot use the Constitution to seek its own immortality.

(l)  that there are numerous other examples of government constitutional over-reach.

(6).  That if North Carolina accepts or continues to accept these violations and inappropriate interpretations, and continues to allow all three branches of the federal government to exercise unbridled authority, it would be surrendering its own form of government.

(7).  That the people of this state will not submit to undelegated and consequently unlimited powers.

(8).  That every state has a right to nullify all assumptions of power by others within their limits, and that without this right, states would be under the dominion and power of anyone who might try to exercise that power.

(9).  That the rights and liberties of North Carolina, and its fellow states, must be protected from any dangers by declaring that Congress is limited by the federal Constitution and Bill of Rights.

(10).  That any act by the Congress of the United States, Executive Order of the President of the United States, or decision/judicial order by a federal court that assumes a power not delegated by the federal Constitution diminishes the liberty of this State and its citizens and violates the federal contract established by the signing of the Constitution.  The State of North Carolina, on behalf of its own sovereignty and the sovereignty of it People, declares that certain reserved state powers will be guarded jealously and aggressively. Acts by the federal government that would be seen as violations of the limited nature of the US Constitution, would be subject to nullification and interposition by the State, and would result in a legitimate breach of the federal compact which ties North Carolina politically to the federal government include, but are not limited to:

(a) establishing martial law or a state of emergency within a state without the consent of the legislature of that state;

(b) requiring involuntary servitude or governmental service other than a draft during a declared war or pursuant to or as an alternative to incarceration after due process of law;

(c) requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to or as an alternative to incarceration after due process of law;

(d) surrendering any power delegated or not delegated to any corporation or foreign government;

(e) any act regarding religion, further limitations on freedom of political speech, or further limitations on freedom of the press; or

(f) any act regarding the right to keep and bear arms or further limitations on the right to bear arms, including any restrictions on the type or number of firearms or the amount or type of ammunition any law-abiding citizen may purchase, own, or possess.

(11).  That if any act of Congress becomes law or if an Executive Order or judicial decision/judicial order is put into force related to the reservations expressed in this resolution, North Carolina’s political bond to the federal government under the federal compact (the signing of the Constitution) would be considered breached and all powers previously delegated to the United States by the federal Constitution would revert to the State and the people, respectively.

(12).  That any future government of the United States shall require ratification of three-fourths of the States seeking to form a government and shall not be binding upon any state not seeking to form a government.

(13).  That the Secretary of State send a copy of this law to the President of the United States and to each member of the United States Congress in order that they be put on notice of North Carolina’s position with respect to the Constitution, the government, and the respective rights and responsibilities of each sovereign.

[This proposed State Sovereignty Bill is of course, a bit long-winded…..]

As we celebrate 221 years with the Bill of Rights to protect our fundamental rights from government oppression, we have reason to  221st anniversary of the Bill of Rights, for there can be no better proof of the wisdom of the Framers than the endurance of the Constitution.  We appreciate their brilliance as we witness the oppressive and tyrannical consequences of a government that continually and increasingly abuses the constitutional limits and guarantees that they provided for us.

As we enter into 2013 (our 222nd year with the Bill of Rights), let us realize what the government will force us to do by the end of the year – enroll in a healthcare insurance program or be punished for it.  The government is already forcing millions of Americans to submit to repeated, egregious, and humiliating violations of their fourth amendment rights every time they fly on an airplane or visit a federal facility, forcing religious institutions to violate its own religious tenets, detaining Americans for promoting opposition to government policies, shoring up the indefinite detention provisions for American citizens in the National Defense Authorization Act (NDAA), and looking for ways to limit our second amendment rights. These policies of the federal government are no less serious than the policies of King George against the colonies.

In August 2012, a 26-year-old former marine and citizen of the state of Virginia, Brandon Raub, wrote the following posts on facebook: “The idea that men can govern themselves is the basis for every just form of government.” “The bill of rights is being systematically dismantled.” “You elected an aristocracy. They are beholden to special interests. They were brainwashed through the Council on Foreign Relations. Your leaders are planning to merge the United States into a one world banking system. They want to put computer chips in you. These men have evil hearts. They have tricked you into supporting corporate fascism. We gave them the keys to our country. We were not vigilant with our republic….  But there is hope. BUT WE MUST TAKE OUR REPUBLIC BACK.”  For those words, the government showed up at his home, arrested him, committed him involuntarily to a mental hospital, and planned to detain him indefinitely. The government made the decision to take his rights away. (Luckily, his mother and a sharp lawyer were able to fight the unlawful arrest). This happened in Virginia, the state that gave us Thomas Jefferson, James Madison, George Washington, Patrick Henry, the Virginia Declaration of Rights, and the Virginia Resolutions of 1798. This is the state that gave us such fiery speeches as “Give Me Liberty or Give Me Death!”  This famous speech in 1775 motivated the Virginia Provincial Convention to bear arms against England and then to vote for independence from England. This was a state that would not ratify the Constitution until Madison gave the delegates assurances that he would draft a Bill of Rights and the First US Congress would propose them and then send them to the states.

Fortunately, the world didn’t end on December 21st.  And so, on this 221st anniversary, let us  reflect on what we, as citizens, can do to keep the spirit of the Bill of Rights alive.  As I discussed earlier, one option is to demand that our state legislatures re-assert the sovereignty that our Founders acknowledged in the Ninth and Tenth Amendments.  If power is not carefully shared among the states and the federal government and if the states are not willing to stand up to the federal government, then this most powerful of checks and balances is useless and individual liberty is destined to suffer.  We already see it happening before our eyes.

When the federal government takes on functions not permitted to it by the Constitution, in violation of the Tenth Amendment, it is only a matter of time before it will usurp the unenumerated rights of the people, in violation of the Ninth Amendment. When the government can misappropriate the unenumerated rights of the people, it is only a matter of time before it will trample upon their enumerated rights – those most fundamental rights which are explicitly spelled out in the rest of the Bill of Rights.

The Bill of Rights still stands for liberty, even though our government won’t.

A few weeks ago, on December 15, Karen Kwiatkowski gave a speech and said: “I believe the Bill of Rights is the natural companion to the Declaration of Independence. May both of these documents inspire us all to seize the day, and live free. May the Bill of Rights guide us in our lives and work, focus our prayers, broaden our dreams, and lead us to end the tyranny, and restore our badly damaged Republic.”

Let’s hope the government doesn’t arrest and detain her for speaking those words.  And let’s hope that the Bill of Rights, the companion to the Declaration of Independence, continues to inspire us to want to live free.

References:
1791: US Bill of Rights. [With information from James McClellan, Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government (3rd ed.); Indianapolis: Liberty Fund, 2000.  http://oll.libertyfund.org/index.php?Itemid=264&id=574&option=com_content&task=view

Edward Drake, “The Men Who Didn’t Sign the Constitution.”  http://books.google.com/books?id=k9BPrepFvZ4C&pg=PA1101&lpg=PA1101&dq=Who+didn’t+sign+the+Constitution+in+1787?&source=bl&ots=vcQKEJZ_DU&sig=HW_gI_YRM5PRvasqb9ZFKWuXEGc&hl=en&sa=X&ei=liHQUNCILY-08ASk0YG4Cw&ved=0CG0Q6AEwCQ#v=onepage&q=Who%20didn’t%20sign%20the%20Constitution%20in%201787%3F&f=false

Stewart Rhodes, “Oath Keepers Bill of Rights Day Message: Prepare to Fight for Bill of Rights,” December 15, 2012.  Referenced at:  http://oathkeepers.org/oath/2012/12/15/11145/

Montana House Joint Resolution No. 26 Affirming States Rights –http://data.opi.mt.gov/bills/2009/billhtml/HJ0026.htm

The Bill of Rights and annotations –  http://www.law.cornell.edu/constitution/billofrights

Patrick Henry’s Opening Remarks at the Virginia Ratification Convention, June 4, 1788 –  http://www.academicamerican.com/revolution/documents/HenryConst.htm

James Madison’s Speech to Congress, June 8, 1789, in which he proposed 20 amendments to the new Constitution –  http://www.revolutionary-war-and-beyond.com/james-madison-speech-june-8-1789.html

The revision history of Madison’s proposed Bill of Rights (amendments):

(a)  The amendments as James Madison proposed them on June 8, 1789:  http://www.constitution.org/bor/amd_jmad.txt

(b)  The proposed amendments consolidated by the House down to 17 in number and then passed on August 24, 1798:     http://memory.loc.gov/cgi-bin/query/r?ammem/rbpe:@field(DOCID+@lit(rbpe21200200))

(c)  The Senate product:  On September 21, 1789, a House/Senate conference was called, and the differences between the versions of the two houses were worked out. Madison was one of the House managers in the committee. Several points were agreed upon, and the House was informed of the Senate’s acceptance of the compromise bill on September 25, 1789, the official date of submission of the Bill of Rights to the states.      http://www.usconstitution.net/first12.html

Ratification of the Constitution by North Carolina, November 21, 1788 –http://www.constitution.org/rc/rat_decl-nc.htm

Federalist Papers No. 45 –  http://www.constitution.org/fed/federa45.htm

Federalist Papers No. 58  –   http://www.constitution.org/fed/federa58.htm

Ratification of the Constitution by North Carolina, November 21, 1788 –http://www.constitution.org/rc/rat_decl-nc.htm

Jack Balkin, “The Right Strikes Back: A New Legal Challenge for Obamacare,” The Atlantic, September 17, 2012. Referenced at:  http://www.theatlantic.com/national/archive/2012/09/the-right-strikes-back-a-new-legal-challenge-for-obamacare/262443/

Allah Pundit, “Say, Doesn’t the Constitution Require Tax Bills to Originate in the House?”, Hot Air, June 28, 2012.  Referenced at:  http://hotair.com/archives/2012/06/28/say-doesnt-the-constitution-require-tax-bills-to-originate-in-the-house/

Joint Resolution – “To Approve and Affirm Certain Acts of the President of the United States for Suppressing Rebellion and Insurrection” –http://www.archive.org/stream/speechofhonlwpow00powe#page/n5/mode/2up%5D

Jane Kwiatkowski, “Bill of Rights, RIP?” Lew Rockwell, December 15, 2012. Referenced at:http://www.lewrockwell.com/kwiatkowski/kwiatkowski291.html

June 16, 1788 (Virginia Ratification Convention): Patrick Henry Demands and Gets a Bill of Rights,” Free Republic, October 17, 2003. Referenced at:http://www.freerepublic.com/focus/f-news/1003306/posts

“The 14th Amendment: Equal Protection of the Laws or Tool of Usurpation?,” US Congressional Record – House, June 13, 1967; page 15641.

W. Kirk Wood, A Constitutional History: 1776-1833, University Press of America, Maryland (2009).

APPENDIX:

(A) THE BILL OF RIGHTS (with explanation)

The First Amendment: Religious Freedom, and Freedom to Speak, Print, Assemble, and Petition

We hear a good deal nowadays about “a wall of separation” between church and state in America. To some people’s surprise, this phrase cannot be found in either the Constitution or the Declaration of Independence. Actually, the phrase occurs in a letter from Thomas Jefferson, as a candidate for office, to an assembly of Baptists in Connecticut.

The first clause of the First Amendment reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This clause is followed by guarantees of freedom of speech, of publication, of assembly, and of petitioning. These various aspects of liberty were lumped together in the First Amendment for the sake of convenience; Congress had originally intended to assign “establishment of religion” to a separate amendment because the relationships between state and church are considerably different from the civil liberties of speech, publication, assembly, and petitioning.

The purpose of the “Establishment Clause” was two-fold: (1) to prohibit Congress from imposing a national religion upon the people; and (2) to prohibit Congress (and the Federal government generally) from interfering with existing church-state relations in the several States. Thus the “Establishment Clause” is linked directly to the “Free Exercise Clause.” It was designed to promote religious freedom by forbidding Congress to prefer one religious sect over other religious sects. It was also intended, however, to assure each State that its reserved powers included the power to decide for itself, under its own constitution or bill of rights, what kind of relationship it wanted with religious denominations in the State. Hence the importance of the word “respecting”: Congress shall make no law “respecting,” that is, touching or dealing with, the subject of religious establishment.

In effect, this “Establishment Clause” was a compromise between two eminent members of the first Congress—James Madison and Fisher Ames. Representative Ames, from Massachusetts, was a Federalist. In his own State, and also in Connecticut, there still was an established church—the Congregational Church. By 1787–1791, an “established church” was one which was formally recognized by a State government as the publicly preferred form of religion. Such a church was entitled to certain taxes, called tithes, that were collected from the public by the State. Earlier, several other of Britain’s colonies had recognized established churches, but those other establishments had vanished during the Revolution.

Now, if Congress had established a national church—and many countries, in the eighteenth century, had official national churches—probably it would have chosen to establish the Episcopal Church, related to the Church of England. For Episcopalians constituted the most numerous and influential Christian denomination in the United States. Had the Episcopal Church been so established nationally, the Congregational Church would have been disestablished in Massachusetts and Connecticut. Therefore, Fisher Ames and his Massachusetts constituents in 1789 were eager for a constitutional amendment that would not permit Congress to establish any national church or disestablish any State church.

The motive of James Madison for advocating the Establishment Clause of the First Amendment was somewhat different. Madison believed that for the Federal government to establish one church—the Episcopal Church, say—would vex the numerous Congregationalist, Presbyterian, Baptist, Methodist, Quaker, and other religious denominations. After all, it seemed hard enough to hold the United States together in those first months of the Constitution without stirring up religious controversies. So Madison, who was generally in favor of religious toleration, strongly advocated an Establishment Clause on the ground that it would avert disunity in the Republic.

In short, the Establishment Clause of the First Amendment was not intended as a declaration of governmental hostility toward religion, or even of governmental neutrality in the debate between believers and non-believers. It was simply a device for keeping religious passions out of American politics. The phrase “or prohibiting the free exercise thereof” was meant to keep the Congress from ever meddling in the disputes among religious bodies or interfering with the mode of worship.

During the nineteenth century, at least, State governments would have been free to establish State churches, had they desired to do so. The Establishment Clause restrained only Congress—not State legislatures. But the States were no more interested in establishing a particular church than was Congress, and the two New England States where Congregationalism was established eventually gave up their establishments—Connecticut in 1818, Massachusetts in 1833.

The remainder of the First Amendment is a guarantee of reasonable freedom of speech, publication, assembly, and petition. A key word in this declaration that the Congress must not abridge these freedoms is the article “the”—abridging the freedom of speech and press. For what the Congress had in mind, in 1789, was the civil freedom to which Americans already were accustomed, and which they had inherited from Britain. In effect, the clause means “that freedom of speech and press which prevails today.” In 1789, this meant that Congress was prohibited from engaging in the practice of “prior censorship”—prohibiting a speech or publication without advance approval of an executive official. The courts today give a much broader interpretation to the clause. This does not mean, however, that the First Amendment guarantees any absolute or perfect freedom to shout whatever one wishes, print whatever one likes, assemble in a crowd wherever or whenever it suits a crowd’s fancy, or present a petition to Congress or some other public body in a context of violence. Civil liberty as understood in the Constitution is ordered liberty, not license to indulge every impulse and certainly not license to overthrow the Constitution itself.

As one of the more famous of Supreme Court Justices, Oliver Wendell Holmes, put this matter, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” Similarly, statutes that prohibit the publication of obscenities, libels, and calls to violence are generally held by the courts to conform to the First Amendment. For example, public assemblies can be forbidden or dispersed by local authorities when crowds threaten to turn into violent mobs. And even public petitions to the legislative or the executive branch of government must be presented in accordance with certain rules, or else they may be lawfully rejected.

The Constitution recognizes no “absolute” rights. A Justice of the Supreme Court observed years ago that “The Bill of Rights is not a suicide pact.” Instead, the First Amendment is a reaffirmation of certain long-observed civil freedoms, and it is not a guarantee that citizens will go unpunished however outrageous their words, publications, street conduct, or mode of addressing public officials. The original, and in many ways the most important, purpose of freedom of speech and press is that it affords citizens an opportunity to criticize government—favorably and unfavorably—and to hold public officials accountable for their actions. It thus serves to keep the public informed and encourages the free exchange of ideas.

The Second Amendment: The Right to Bear Arms –

This amendment consists of a single sentence: “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

Although today we tend to think of the “militia” as the armed forces or national guard, the original meaning of the word was “the armed citizenry.” One of the purposes of the Second Amendment was to prevent Congress from disarming the State militias. The phrasing of the Amendment was directly influenced by the American Revolutionary experience. During the initial phases of that conflict, Americans relied on the militia to confront the British regular army. The right of each State to maintain its own militia was thought by the founding generation to be a critical safeguard against “standing armies” and tyrants, both foreign and domestic.

The Second Amendment also affirms an individual’s right to keep and bear arms. Since the Amendment limits only Congress, the States are free to regulate the possession and carrying of weapons in accordance with their own constitutions and bills of rights. “The right of the citizens to keep and bear arms,” observed Justice Joseph Story of the Supreme Court in his Commentaries on the Constitution (1833), “has justly been considered as the palladium of the liberties of the republic, since it offers a strong moral check against the usurpation and arbitrary power of rulers, and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” Thus a disarmed population cannot easily resist or overthrow tyrannical government. The right is not absolute, of course, and the Federal courts have upheld Federal laws that limit the sale, possession, and transportation of certain kinds of weapons, such as machine guns and sawed-off shotguns. To what extent Congress can restrict the right is a matter of considerable uncertainty because the Federal courts have not attempted to define its limits.

The Third Amendment: Quartering Troops –

Forbidding Congress to station soldiers in private houses without the householders’ permission in time of peace, or without proper authorization in time of war, was bound up with memories of British soldiers who were quartered in American houses during the War of Independence. It is an indication of a desire, in 1789, to protect civilians from military bullying. This is the least-invoked provision of the Bill of Rights, and the Supreme Court has never had occasion to interpret or apply it.

The Fourth Amendment: Search and Seizure –

This is a requirement for search warrants when the public authority decides to search individuals or their houses, or to seize their property in connection with some legal action or investigation. In general, any search without a warrant is unreasonable. Under certain conditions, however, no warrant is necessary—as when the search is incidental to a lawful arrest.

Before engaging in a search, the police must appear before a magistrate and, under oath, prove that they have good cause to believe that a search should be made. The warrant must specify the place to be searched and the property to be seized. This requirement is an American version of the old English principle that “Every man’s house is his castle.” In recent decades, courts have extended the protections of this amendment to require warrants for the search and seizure of intangible property, such as conversations recorded through electronic eavesdropping.

The Fifth Amendment: Rights of Persons –

Here we have a complex of old rights at law that were intended to protect people from arbitrary treatment by the possessors of power, especially in actions at law. The common law assumes that a person is innocent until he is proven guilty. This amendment reasserts the ancient requirement that if a person is to be tried for a major crime, he must first be indicted by a grand jury. In addition, no person may be tried twice for the same offense. Also, an individual cannot be compelled in criminal cases to testify against himself, “nor be deprived of life, liberty, or property, without due process of law”; and the public authorities may not take private property without just compensation to the owner.

The immunity against being compelled to be a witness against one’s self is often invoked in ordinary criminal trials and in trials for subversion or espionage. This right, like others in the Bill of Rights, is not absolute. A person who “takes the Fifth”—that is, refuses to answer questions in a court because his answers might incriminate him—thereby raises “a legitimate presumption” in the court that he has done something for which he might be punished by the law. If offered immunity from prosecution in return for giving testimony, either he must comply or else expect to be jailed, and kept in jail, for contempt of court. And, under certain circumstances, a judge or investigatory body such as a committee of Congress may refuse to accept a witness’s contention that he would place himself in danger of criminal prosecution were he to answer any questions.

The Fifth Amendment’s due process requirement was originally a procedural right that referred to methods of law enforcement. If a person was to be deprived of his life, liberty or property, such a deprivation had to conform to the common law standards of “due process.” The Amendment required a procedure, as Daniel Webster once put it, that “hears before it condemns, proceeds upon inquiries, and renders judgment only after a trial” in which the basic principles of justice have been observed.

The prohibition against taking private property for public use without just compensation is a restriction on the Federal government’s power of eminent domain. Federal courts have adopted a rule of interpretation that the “taking” must be “direct” and that private property owners are not entitled to compensation for indirect loss incidental to the exercise of governmental powers. Thus the courts have frequently held that rent-control measures, limiting the amount of rent which may be charged, are not a “taking,” even though such measures may decrease the value of the property or deprive the owners of rental income. As a general rule, Federal courts have not since 1937 extended the same degree of protection to property rights as they have to other civil rights.

The Sixth Amendment: Rights of the Accused –

Here again the Bill of Rights reaffirms venerable protections for persons accused of crimes. The Amendment guarantees jury trial in criminal cases; the right of the accused “to be informed of the nature and cause of the accusation”; also the rights to confront witnesses, to obtain witnesses through the arm of the law, and to have lawyers’ help.

These are customs and privileges at law derived from long usage in Britain and America. The recent enlargement of these rights by Federal courts has caused much controversy. The right of assistance of counsel, for example, has been extended backward from the time of trial to the time the defendant is first questioned as a suspect, and forward to the appeals stage of the process. Under the so-called “Miranda” rule, police must read to a suspect his “Miranda” rights before interrogation. Only if a suspect waives his rights may any statement or confession obtained be used against him in a trial. Otherwise the suspect is said to have been denied “assistance of counsel.”

The Sixth Amendment also specifies that criminal trials must be “speedy.” Because of the great backload of cases in our courts, this requirement is sometimes loosely applied today. Yet, as one jurist has put the matter, “Justice delayed is justice denied.”

The Seventh Amendment: Trial by Jury in Civil Cases –

This guarantee of jury trial in civil suits at common law “where the value in controversy shall exceed twenty dollars” (a much bigger sum of money in 1789 than now) was included in the Bill of Rights chiefly because several of the States’ ratifying conventions had recommended it. It applies only to Federal cases, of course, and it may be waived. The primary purpose of the Amendment was to preserve the historic line separating the jury, which decides the facts, from the judge, who applies the law. It applies only to suits at common law, meaning “rights and remedies peculiarly legal in their nature.” It does not apply to cases in equity or admiralty law, where juries are not used. In recent years, increasingly large monetary awards to plaintiffs by juries in civil cases have brought the jury system somewhat into disrepute.

The Eighth Amendment: Bail and Cruel and Unusual Punishments –

How much bail, fixed by a court as a requirement to assure that a defendant will appear in court at the assigned time, is “excessive”? What punishments are “cruel and unusual”? The monetary sums for bail have changed greatly over two centuries, and criminal punishments have grown less severe. Courts have applied the terms of this amendment differently over the years.

Courts are not required to release an accused person merely because he can supply bail bonds. The court may keep him imprisoned, for example, if the court fears that the accused person would become a danger to the community if released, or would flee the jurisdiction of the court. In such matters, much depends on the nature of the offense, the reputation of the alleged offender, and his ability to pay. Bail of a larger amount than is usually set for a particular crime must be justified by evidence.

As for cruel and unusual punishments, public whipping was not regarded as cruel and unusual in 1789, but it is probably so regarded today. In recent years, the Supreme Court has found that capital punishment is not forbidden by the Eighth Amendment, although the enforcement of capital punishment must be carried out so as not to permit jury discretion or to discriminate against any class of persons. Punishment may be declared cruel and unusual if it is out of all proportion to the offense.

The Ninth Amendment: Rights Retained by the People –

Are all the rights to be enjoyed by citizens of the United States enumerated in the first eight amendments and in the Articles of the original Constitution? If so, might not the Federal government, at some future time, ignore a multitude of customs, privileges, and old usages cherished by American men and women, on the ground that these venerable ways were not rights at all? Does a civil right have to be written expressly into the Constitution in order to exist? The Seven Articles and the first eight amendments say nothing, for example, about a right to inherit property, or a right of marriage. Are, then, rights to inheritance and marriage wholly dependent on the will of Congress or the President at any one time?

The Federalists had made such objections to the very idea of a Bill of Rights being added to the Constitution. Indeed, it seemed quite possible to the first Congress under the Constitution that, by singling out and enumerating certain civil liberties, the Seven Articles and the Bill of Rights might seem to disparage or deny certain other prescriptive rights that are important but had not been written into the document.

The Ninth Amendment was designed to quiet the fears of the Anti-Federalists who contended that, under the new Constitution, the Federal government would have the power to trample on the liberties of the people because it would have jurisdiction over any right that was not explicitly protected against Federal abridgment and reserved to the States. They argued in particular that there was an implied exclusion of trial by jury in civil cases because the Constitution made reference to it only in criminal cases.

Written to serve as a general principle of construction, the Ninth Amendment declares that “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.” The reasoning behind the amendment springs from Hamilton’s 83rd and 84th essays in The Federalist. Madison introduced it simply to prevent a perverse application of the ancient legal maxim that a denial of power over a specified right does not imply an affirmative grant of power over an unnamed right.

This amendment is much misunderstood today, and it is sometimes thought to be a source of new rights, such as the “right of privacy,” over which Federal courts may establish jurisdiction. It should be kept in mind, however, that the original purpose of this amendment was to limit the powers of the Federal government, not to expand them.

The Tenth Amendment: Rights Retained by the States –

This last amendment in the Bill of Rights was probably the one most eagerly desired by the various State conventions and State legislatures that had demanded the addition of a bill of rights to the Constitution. Throughout the country, the basic uneasiness with the new Constitution was the dread that the Federal government would gradually enlarge its powers and suppress the States’ governments. The Tenth Amendment was designed to lay such fears to rest.

This amendment was simply a declaration that “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 Federalists maintained that the Framers at Philadelphia had meant from the first that all powers not specifically assigned to the Federal government were reserved to the States or the people of the States.

The amendment declares that powers are reserved “to the States respectively, or to the people,” meaning they are to be left in their original state.

It should be noted that the Tenth Amendment does not say that powers not expressly delegated to the United States are reserved to the States. The authors of the Bill of Rights considered and specifically rejected such a statement. They believed that an amendment limiting the national government to its expressed powers would have seriously weakened it.

During much of our history, the Tenth Amendment was interpreted as a limitation of the delegated powers of Congress. Since 1937, however, the Supreme Court has largely rejected this view, and the Amendment no longer has the same operative meaning or effect that it once had. [My Note: But the question is this: What right does the Supreme Court, a branch of the federal government, to decide the scope of that government’s powers? The explanation given in the Federalist Papers of Article III’s judicial branch powers is that the Supreme Court had the power to advise and to offer an opinion as to constitutionality.

Rights Versus Duties  –

Some Americans seem to fancy that the whole Constitution is a catalog of people’s rights. But actually the major part of the Constitution—the Seven Articles—establishes a framework of national government and only incidentally deals with individuals’ rights.

In any society, duties are often even more important than rights. For example, the duty of obeying good laws is more essential than the right to be exempted from the ordinary operation of the laws. As has been said, every right is married to some duty. Freedom involves individual responsibility.

With that statement in mind, let us look at some of the provisions of the Bill of Rights to see how those rights are joined to certain duties.

If one has a right to freedom of speech, one has a duty to speak decently and honestly, not inciting people to riot or to commit crimes.

If one has a right to freedom of the press (or, in our time, freedom of the “media”), one has the duty to publish the truth, temperately—not abusing this freedom for personal advantage or vengeance.

If one has a right to join other people in a public assembly, one has the duty to tolerate other people’s similar gatherings and not to take the opportunity of converting a crowd into a mob.

If one enjoys an immunity from arbitrary search and seizure, one has the duty of not abusing these rights by unlawfully concealing things forbidden by law.

If one has a right not to be a witness against oneself in a criminal case, one has the duty not to pretend that he would be incriminated if he should testify: that is, to be an honest and candid witness, not taking advantage of the self-incrimination exemption unless otherwise one would really be in danger of successful prosecution.

If one has a right to trial by jury, one ought to be willing to serve on juries when so summoned by a court.

If one is entitled to rights, one has the duty to support the public authority that protects those rights.

For, unless a strong and just government exists, it is vain to talk about one’s rights. Without liberty, order, and justice, sustained by good government, there is no place to which anyone can turn for enforcement of his claims to rights. This is because a “right,” in law, is a claim upon somebody for something. If a man has a right to be paid for a day’s work, for example, he asserts a claim upon his employer; but, if that employer refuses to pay him, the man must turn to a court of law for enforcement of his right. If no court of law exists, the “right” to payment becomes little better than an empty word. The unpaid man might try to take his pay by force, true; but when force rules instead of law, a society falls into anarchy and the world is dominated by the violent and the criminal.

Knowing these hard truths about duties, rights, and social order, the Framers endeavored to give us a Constitution that is more than mere words and slogans.

Reference: http://www.law.cornell.edu/constitution/billofrights

(B) RATIFICATION OF THE CONSTITUION by the STATE of NORTH CAROLINA
November 21, 1789.

In Convention, August 1, 1788.

Resolved, That a Declaration of Rights, asserting and securing from encroachment the great Principles of civil and religious Liberty, and the unalienable Rights of the People, together with Amendments to the most ambiguous and exceptional Parts of the said Constitution of Government, ought to be laid before Congress, and the Convention of the States that shall or may be called for the Purpose of Amending the said Constitution, for their consideration, previous to the Ratification of the Constitution aforesaid, on the part of the State of North Carolina.

DECLARATION OF RIGHTS

1st. That there are certain natural rights of which men, when they form a social compact, cannot deprive or divest their posterity, among which are the enjoyment of life, and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.

2d. That all power is naturally vested in, and consequently derived from the people; that magistrates therefore are their trustees, and agents, and at all times amenable to them.

3d. That Government ought to be instituted for the common benefit, protection and security of the people; and that the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.

4th That no man or set of men are entitled to exclusive or separate public emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator or judge, or any other public office to be hereditary.

5th. That the legislative, executive and judiciary powers of government should be separate and distinct, and that the members of the two first may be restrained from oppression by feeling and participating the public burthens, they should at fixed periods be reduced to a private station, return into the mass of the people; and the vacancies be supplied by certain and regular elections; in which all or any part of the former members to be eligible or ineligible, as the rules of the Constitution of Government, and the laws shall direct.

6th. That elections of Representatives in the legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest with, and attachment to the community, ought to have the right of suffrage: and no aid, charge, tax or fee can be set, rated, or levied upon the people without their own consent, or that of their representatives, so elected, nor can they be bound by any law, to which they have not in like manner assented for the public good.

7th. That all power of suspending laws, or the execution of laws by any authority without the consent of the representatives, of the people in the Legislature, is injurious to their rights, and ought not to be exercised.

8th. That in all capital and criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence and be allowed counsel in his favor, and to a fair and speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty (except in the government of the land and naval forces) nor can he be compelled to give evidence against himself.

9th That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, privileges or franchises, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty, or property but by the law of the land.

10th. That every freeman restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful, and that such remedy ought not to be denied nor delayed.

11th. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolable.

12th. That every freeman ought to find a certain remedy by recourse to the laws for all injuries and wrongs he may receive in his person, property, or character. He ought to obtain right and justice freely without sale, completely and without denial, promptly and without delay, and that all establishments, or regulations contravening these rights, are oppressive and unjust.

13th. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

14th. That every freeman has a right to be secure from all unreasonable searches, and seizures of his person, his papers, and property: all warrants therefore to search suspected places, or seize any freeman, his papers or property, without information upon oath (or affirmation of a person religiously scrupulous of taking an oath) of legal and sufficient cause, are grievous and oppressive, and all general warrants to search suspected places, or to apprehend any suspected person without specially naming or describing the place or person, are dangerous and ought not to be granted.

15th. That the people have a right peaceably to assemble together to consult for the common good, or to instruct their representatives; and that every freeman has a right to petition or apply to the Legislature for redress of grievances.

16th. That the people have a right to freedom of speech, and of writing and publishing their sentiments; that the freedom of the press is one of the greatest bulwarks of Liberty, and ought not to be violated.

17th. That the people have a right to keep and bear arms; that a well regulated militia composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state. That standing armies in time of peace are dangerous to Liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases, the military should be under strict subordination to, and governed by the civil power.

18th. That no soldier in time of peace ought to be quartered in any house without the consent of the owner, and in time of war in such manner only as the Laws direct.

19th. That any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead.

20th. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural and unalienable right to the free exercise of religion according to the dictates of conscience, and that no particular religious sect or society ought to be favoured or established by law in preference to others.

AMENDMENTS TO THE CONSTITUTION

I. THAT each state in the union shall, respectively, retain every power, jurisdiction and right, which is not by this constitution delegated to the Congress of the United States, or to the departments of the Federal Government.

II. That there shall be one representative for every 30.000, according to the enumeration or census, mentioned in the constitution, until the whole number of representatives amounts to two hundred; after which, that number shall be continued or increased, as Congress shall direct, upon the principles fixed in the constitution, by apportioning the representatives of each state to some greater number of people from time to time, as population encreases.

III. When Congress shall lay direct taxes or excises, they shall immediately inform the executive power of each state, of the quota of such State, according to the census herein directed, which is proposed to be thereby raised: And if the legislature of any state shall pass a law, which shall be effectual for raising such quota at the time required by Congress, the taxes and excises laid by Congress shall not be collected in such state.

IV. That the members of the senate and house of representatives shall be ineligible to, and incapable of holding any civil office under the authority of the United States, during the time for which they shall, respectively, be elected.

V. That the journals of the proceedings of the senate and house of representatives shall be published at least once in every year, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy.

VI. That a regular statement and account of the receipts and expenditures of the public money shall be published at least once in every year.

VII. That no commercial treaty shall be ratified without the concurrence of two-thirds of the whole number of the members of the Senate: And no treaty, ceding, contracting, or restraining or suspending the territorial rights or claims of the United States, or any of them or their, or any of their rights or claims to fishing in the American seas, or navigating the American rivers shall be made, but in cases of the most urgent and extreme necessity; nor shall any such treaty be ratified without the concurrence of three-fourths of the whole number of the members of both houses respectively.

VIII. That no navigation law, or law regulating commerce shall be passed without the consent of two-thirds of the members present in both houses.

IX. That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both houses.

X. That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer term than the continuance of the war.

XI. That each state, respectively, shall have the power to provide for organizing, arming and disciplining its own militia whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, except when in actual service in time of war, invasion or rebellion: And when not in the actual service of the United States, shall be subject only to such fines, penalties, and punishments as shall be directed or inflicted by the laws of its own state.

XII. That Congress shall not declare any state to be in rebellion without the consent of at least two-thirds of all the members present of both houses.

XIII. That the exclusive power of Legislation given to Congress over the federal town and its adjacent district, and other places, purchased or to be purchased by Congress, of any of the states, shall extend only to such regulations as respect the police and good government thereof.

XIV. That no person shall be capable of being president of the United States for more than eight years in any term of sixteen years.

XV. That the judicial power of the United States shall be vested in one supreme court, and in such courts of admiralty as Congress may from time to time ordain and establish in any of the different states. The judicial power shall extend to all cases in law and equity, arising under treaties made, or which shall be made under the authority of the United States; to all cases affecting ambassadors, other foreign ministers and consuls; to all cases of admiralty, and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more stares, and between parties claiming lands under the grants of different states. In all cases affecting ambassadors, other foreign ministers and consuls, and those in which a state shall be a party; the supreme court shall have original jurisdiction, in all other cases before mentioned; the supreme court shall have appellate jurisdiction as to matters of law only, except in cases of equity, and of admiralty and maritime jurisdiction, in which the supreme court shall have appellate jurisdiction both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. But the judicial power of the United States shall extend to no case where the cause of action shall have originated before the ratification of this constitution, except in disputes between states about their territory; disputes between persons claiming lands under the grants of different states, and suits for debts due to the united states.

XVI. That in criminal prosecutions, no man shall be restrained in the exercise of the usual and accustomed right of challenging or excepting to the jury.

XVII. That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse or be disabled by invasion or rebellion, to prescribe the same.

XVIII. That those clauses which declare that Congress shall not exercise certain powers, be not interpreted in any manner whatsoever to extend the powers of Congress; but that they be construed either as making exceptions to the specified powers where this shall be the case, or otherwise, as inserted merely for greater caution.

XIX. That the laws ascertaining the compensation of senators and representatives for their services be posponed in their operation, until after the election of representatives immediately succeeding the passing thereof, that excepted, which shall first be passed on the subject.

XX. That some tribunal, other than the senate, be provided for trying impeachments of senators.

XXI. That the salary of a judge shall not be increased or diminished during his continuance in once, otherwise than by general regulations of salary which may take place, on a revision of the subject at stated periods of not less than seven years, to commence from the time such salaries shall be first ascertained by Congress.

XXII. That Congress erect no company of merchants with exclusive advantages of commerce.

XXIII. That no treaties which shall be directly opposed to the existing laws of the United States in Congress assembled, shall be valid until such laws shall be repealed, or made conformable to such Meaty; nor shall any Meaty be valid which is contradictory to the constitution of the United States.

XXIV. That the latter part of the fifth paragraph of the 9th section of the first article be altered to read thus,-Nor shall vessels bound to a particular state be obliged to enter or pay duties in any other; nor when bound from any one of the States be obliged to clear in another.

XXV. That Congress shall not directly or indirectly, either by themselves or thro’ the judiciary, interfere with any one of the states in the redemption of paper money already emitted and now in circulation, or in liquidating and discharging the public securities of any one of the states: But each and every state shall have the exclusive right of making such laws and regulations for the above purposes as they shall think proper.

XXVI. That Congress shall not introduce foreign troops into the United States without the consent of two-thirds of the members present of both houses.

SAM JOHNSTON, President

Reference: Ratification of the Constitution by North Carolina, November 21, 1788 –http://www.constitution.org/rc/rat_decl-nc.htm