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Rule of Thumb: How Foreign Governments and Congress Have Scrapped the 10th Amendment

Written by Gary North on November 15, 2013

We live in a nation that is run by federal bureaucrats. There is almost nothing we can do to stop them from interfering in our lives, other than through the courts. It is extremely expensive to do this.

Let me give you a recent example. The United States Supreme Court is hearing a case in which, if upheld by the Court, the Congress of the United States will be authorized to pass legislation that is inconsistent with the United States Constitution, as long as the legislation is an extension of the treaty power.

If the court upholds the case, Congress will be able to override limitations of the federal government that have been imposed by the 10th amendment. This is a 10th amendment case. Wikipedia describes it. The case is almost beyond belief. It has to do with a burned thumb. The case is Bond v. U.S..

The husband of Carol A. Bond of Lansdale, Pennsylvania impregnated Myrlinda Haynes. Mrs. Bond told Haynes, “I am going to make your life a living hell.” Federal postal inspectors videotaped Mrs. Bond stealing mail and putting poison in the muffler of Haynes’s car.Bond was indicted for stealing mail and for violation of the Chemical Weapons Convention Implementation Act of 1998. Her appeal argued that applying the chemical weapons treaty to her violated the Tenth Amendment. The Court of Appeals found Bond lacked standing to make a Tenth Amendment claim.

Can you imagine this? Here is a woman who is about to be put into prison for violating a treaty, which the U.S. government says overrides the 10th amendment, yet she had no legal standing in the case. This is Alice through the looking glass.

In a unanimous decision, the Supreme Court found that Bond had standing to argue that a federal statute enforcing the Chemical Weapons Convention in this instance intruded on areas of police power reserved to the states. Justice Kennedy reasoned that actions exceeding the federal government’s enumerated powers undermine the sovereign interests of the states.

So, in 2011, the Supreme Court finally gave legal standing to citizens to challenge the U.S. government’s official nullification of the 10th amendment. This had not previously been determined. This took over 200 years!

(For the rest of the story, click the link.)

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22 thoughts on “Rule of Thumb: How Foreign Governments and Congress Have Scrapped the 10th Amendment

  1. Phillip the Bruce says:

    If this stands, it means that the Senate can ratify a UN Arms control treaty and do away with that "pesky" 2nd Amendment.

  2. This case is indeed important but let's keep it in perspective. Ultimately, returning power (via Amendment 10) to the States is NOT the answer for our country. When Biblical standards are rejected, State governments are just as wicked as is the Federal government. Our only answer is a return to Yahweh the God of the Bible, His Son as the Savior of the remnant, and His morality as found in His perfect law and altogether righteous judgments (Psalm 19:7-9) for society.

  3. Uh, yes it is the answer, at least for people who don't want to outright abolish government. In case you haven't noticed there are more people than just Bible thumpers who oppose this big government tyranny.

  4. AmericansRon2U says:

    Treaties do not override the U.S. Constitution. The individual states need to nullify any unconstitutional federal laws…that's how we exercise our 10th amendment. The states can apply nullification to Obamacare, gun control, EPA regulations, etc. If the federal govt. is acting outside of the 18 enumerated powers granted to them by our Constitution, the states can deem them null and void. The question is, will "we the people" put enough pressure on our states to do so?

  5. Nadine Anderton says:

    As our sovereignty has been, and continues to be eroded by treaties, let's not forget that Mrs. Bond's actions did violate criminal law. Assuredly, she should not have been tried and convicted under treaty law, but that does not mitigate her alleged guilt. I don't see anyone arguing that.

  6. Ted, you are spot on the mark in regards the "cure". However, once power is rightfully returned to the states, where it has ALWAYS remained, then individuals can vote with our feet. Remember Texas? Her people voted to dclare sodomy a crime. THIS is ocnsistent with God's moral law. A man named Lawrence somehow "got standing" and sued to "overturn" this law, it went all the way to the Supreme COurt, which declared "morality is not a permissible basis for law", and cited foreign laws and international "humanitarian" organisations for their basis in overturning Lawrence. THIS travesty of overreach by the SCOTUS, essentially trashing the Tenth Ammendment by removing this power from the state of Texas, broached the dam, and the floodwaters of homosexuality have since overrun a third of this nation, Hawaii just becoming the 16th state to make same-sex "marriage" "legal". My home state declared it "legal" not long ago. When my time comes to marry, I will NOT marry in this state because I will NOT subject ourselves to such corruption. When FedGov declares it "legal" they will be usurping a power not rendered them in the constitutioin, but you watch.. SCOTUS will figure out a way, again citing "international precedent" and declaring "morality cannot be a basis for law" in preserving the assumed, unconstitutional authority in such a law. What SCOTUS fails to grasp, however, is that in Lawrence the court established that a DIFFERENT moral standard can, indeed,be the basis for law…. THEY removed God's standard (sodomy is prohibited) and replaced it with their own (sodomy is permissible). Both are "moral standards", only one is consistent with GOd's standards. As things stood, if Mr. Lawrence desired to persist in buggery and not come under the authority of Texas law, he was perfectl free to move to California, where such activity was frowned upon but not criminal.

    Returnign to God's standards IS the full cure. Our Founders knew this However, removing ALL state and local latitude in such things renders us all subjects to the whims, perversions, corruption, immorality of the ruling elite which hold this nation under their thumb, and desire to tighten the screws further yet. And to think the Colonials rose up and threw off King Goerge for the petty nuisance intrusions HE inflicted…….

  7. Treaties are ONLY valid insofar as they are consistent with the Constitution. The Founders were smart enough to realise FedGov, comprising corrupt men, could easily attempt to trump the COnstitution by simply signing treaties that do so. Witness the recent eager signing of the UN Treaty on Small Arms…. trashing OUR soveriengty by subjecting us to foreign "inspectors" and"compliance", and over-ruling our Second Article lf Ammendment. Kerry and the kinyun can sign it every day for the rest of their lives (may their days be few…..) and it will NEVER be valid, even if the Senate DO ratify it (which they've plainly statred they will not).

  8. Tionico: "Returnign to God's standards IS the full cure. Our Founders knew this."

    Then they were worse scoundrels than I first believed because there is not an article or amendment that, in some fashion, is not antithetical, if not seditious, to Yahweh's sovereignty and morality. Furthermore, all the problems you've described would have been eliminated had they established government and society upon Yahweh's perfect law and altogether righteous judgments instead of their own capricious traditions.

    You'd do well to get a copy of Gary North's book "Conspiracy in Philadelphia: The Broken Covenant of the U.S. Constitution" at http://www.amazon.com/Conspiracy-Philadelphia-Bro….

  9. Most people don’t realize politicians and those in government are there because they are obsessed with POWER. No matter where it comes from when it SUITS them. Whether from a treaty, A UN mandate, or a phony president.

  10. Jorge J Noguera says:

    So we have our government looking again to repeal without review our numbered civil rights by invoking the terms of an international treaty onto INDIVIDUAL CITIZENS of signatory countries (at least here in the US). This is a blatant violation of our country's sovereignty which is intolerable. A traitor named Kerry has signed another treaty, sponsored by the UN, which WILL BE USED by the Obama administration to eliminate the 2nd Amendment as a civil right by invoking an international treaty. Of course Obama and Feinstein and the rest of the anti-gun ownership/anti-civil rights crowd are claiming that America's civil rights will not be compromised by this treaty. Yeah, right. And Iran has a democratic government.

  11. I beg to differ — "…California, where such activity was frowned upon …." Not hardly._It is not even in the least frowned upon here, but encouraged: it is well known that that is where lawyers (and much of current governance) comes from.

  12. I am not dazzled by Legal claptrap. Judges can be disrobed.
    Burning the original Constitution and all its copies does not eliminate the Rights or obligations of our government to its duties — the second amendment is a statement, it is not even the power of the legal government to overturn as if to wash the blood from our veins — but that flat definition of the Peoples' place sometimes is not enough to halt those gripped by the madness we see today..
    Firearms are the symbol and the force to render those who refuse to recognize the limits of their arrogance.
    We can and will if necessary, provide a fatal resistance as has never been seen before in this world.
    No need to make much warning to the petty princes that would be king.

  13. The US voters from mainly the two main parties gave Congress the authority to scrap the 10th amendment. Members of Congress told voters they would and voters chose to ignored it in favor of other things voters liked, because “no one is perfect”! http://www.numbersusa.com / http://www.goooh.com

  14. I agree with Nadine. The key issue was charging an INDIVIDUAL with violating a treaty meant to be applied to GOVERNMENTS.

  15. things are going wrong just right. when Jesus comes back he WILL sort them all out. an evil and corrupt Amerika is getting its just deserts — for the time being!!!

  16. Gary North: " We live in a nation that is run by federal bureaucrats. There is almost nothing we can do to stop them from interfering in our lives, other than through the courts. It is extremely expensive to do this. "

    As you can see from the evidence given in your article, and I could give you much, enough to fill a thick book, looking to the 10th Amendment (or any other for that matter), to the dead constitution, etc., is not the answer.

    Nor is there "hope" in the courts. Are we to continue to "go to law" before a court system symbolized by the Roman goddess Justitia (just to let you know what system of law you're really under), with judges (i.e. "unbelievers") in those Admiralty/Maritime/Roman Civil law courts bearing her symbol (http://ancienthistory.about.com/cs/grecoromanmyth1/a/justicegoddess.htm), that plague our nation with corruption like a cancer ??

    Are they going to judge righteously ??    How's that been workin' out so far ?

    We must turn back to The Almighty and His Commandments, Statutes and Judgments, not "We The People's" constitution, which your article itself shows that it has indeed been to our detriment.   

    The corrupt system we now find ourselves living under today was inevitable over time.  The door was established and opened by the Founding Fathers, which many claim were “Christian”.

    The process was allowed to begin when they decided “We The People” should be god (sovereign) and determine what is to be the law of the land, via representational legislation.

    The legislative process provided by the various federal and state constitutions (add treaties to boot) was the vehicle used by the enemy to corrupt over time (via gradual increments) and finally take over.

    We are not the ones qualified to determine what was “good and evil”, but we are qualified to enforce The Perfect Moral Laws of The Great I Am that became flesh and dwelt among us.

    Malim in se (evil in and of itself as defined by The Great I Am, the ONLY lawgiver) vs. malim prohibitum (evil because someone determines, or legislates, it to be evil).

    We now have evil, rotten, Marxist, Edomite Tares and the "Twice The Sons of Hell" they proselytized (Matt. 23: 15) corrupting the nation, let alone any semblance of "justice". 

    We also find “The Communist Manifesto” and The Ten Planks contained therein (written and promoted by the Edomite, son of a Rabbi, Karl Marx) is the system our enemy was allowed to slowly ensnare us with. 

    All 10 Planks of The Communist Manifesto in Full Force In AmeriKa: http://www.criminalgovernment.com/docs/planks.htm

    And now it’s morphed into Corporate Fascism.

    The only way to save this nation is to turn back to Him, His Perfect Moral Laws, Statutes and Judgments, i.e., His Kingdom/Will On Earth.

    “Come to Me, all who are weary and heavy-laden, And I will give you rest. Take My yoke (i.e., His Law 1 John 5: 2 & 3, as well as His tithe [tax] sytem) upon you , and learn from Me, for I am gentle and humble in heart; and ‘YOU SHALL FIND REST FOR YOUR SOULS.’ (Jer. 6: 16). My yoke is easy, and My load is light.” Matthew 11: 28 – 30.

    He told us that if His people ” … shall humble themselves (e.g., quit thinking we’re the sovereign, take our proper place and quit usurping His), and pray, and seek my face (e.g., He’s to be the ONLY law giver), and turn from their wicked ways (e.g., seek His Kingdom/Will and promote the enforcement of His Laws, Statutes and Judgments); THEN will I hear from heaven, and will forgive their sin, and will heal their land.”

  17. Hence the individual and private companies are free to own and test their own nuclear warheads?

  18. RivahMitch says:

    All of which is why we have a 2nd Amendment. Those who are unwilling to kill and die to preserve their rights, freedoms and property will inevitably and deservedly lose them. Semper Fi!

  19. Are you saying Blue helmets will become a legitimate target, if they try to take away our preexisting, God given rights? Sometime back I was listening to a discussion on a talk show where someone was ask what would happen if they saw a blue helmet coming up their driveway; their reply was, they wouldn't be coming home for dinner.

  20. Sure. And then the killing spree will start. There are too many who will see that as a red line. As Heston said, from my cold dead hands. I'm not advocating violence of course, just pointing out what has happened in history when the social mood got as bad as it is right now. Keep in mind that one (1) man terrorized the entire LA police force with his asymmetrical attacks on them and their families. Christian Dorner had the cops so jumpy that they shot up a truck that two women were driving. One man, at least for a couple of weeks, terrorized the entire LAPD. Just think what 100 or 1000 or 10000 would do. NSA, since you listen to everything, take this historical warning back to your masters: fuck with the people and eventually the bulls in the herd give you the horns. Again, just citing history folks.

  21. You can't legislate morality. God doesn't even want you to try. God wants us to come to him by free will, not by force. If he wanted our obedience by force he would not need men to do that for him. He would simply destroy anyone who didn't comply.

  22. Tommy Thompson says:

    If you are counting on our Jehovah God and his son Jesus Christ to bail us out, well in due time they will. But as noted in the scriptures it will be awhile before it happens for sure. In the meantime the despots that are destroying what was once a great nation under God has been transformed into a wasteland of corruption beyond comprehension and its unfortunate citizenry made to suffer hell on earth until HE and his SON have decided enough is enough. Sorry cannot quote the actual scriptures but bet plenty of you reading t his can. God Bless America