Liberty and The 10th Amendment
by Mike Huckabee
I'm glad that others are beginning to seriously discuss the 10th Amendment. When I was chair of the National Governors Association, it was something I spoke of often as well as during the Presidential campaign. While we need to be diligent in speaking out against the overreaching of the federal government, to seriously talk of secession is a very different matter.
Actual advocacy of secession from the union is advocating something that has substantial legal consequences. Such talk is surely overheated political hyperbole and not serious policy discussion. To seriously advance such a view is to take a step toward treason. While our founding fathers did in fact start a revolution and were guilty of treason, albeit justified, against the British government, they thoughtfully engaged in a process that they believed were necessary to preserve their liberty. While I strongly disagree with many policies of our government, I love my country still and believe that elections still are a more appropriate manner to bring change than to attempt to overthrow our government by force, which is a dangerous suggestion and one not fitting for any elected official, even if in the context of exaggerated political bravado.
According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices during good behavior; which is conformable to the most approved of the State constitutions and among the rest, to that of this State. Its propriety having been drawn into question by the adversaries of that plan, is no light symptom of the rage for objection, which disorders their imaginations and judgments. The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.
Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power1; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers."2 And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments; that as all the effects of such a union must ensue from a dependence of the former on the latter, notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security....
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The mindset of the Founding Fathers is one of the highest Intellect, for by the Providence of the Document did the Blessings overflow. So to we face becoming the book that Obama pointed to as he shook hands with, Cortez is it? His Counter is Sarah Palin. Who do we Prefer for a oil tycoon. Speaking of which, Teddy Roosevelt made the Federal Government owners of property in the States, a violation of the Constitution. Each State is soul proprietors of the Land and the Resources, to include oil, intra-trade, Common Law. (case law is your enemy, if not second) Drill here, Drill now South Dakota, Montana.
Now back to the tin foil hat, I heard that oil is not a fossil fuel. Wow, that might explain how it got a thousand feet underground. Where does it come from? God knows. Oh my, so does a cell.
If everyone knew everything there is to know they would not do half of the things they do, including myself, therefore I have to forgive them, including myself.
When there is not time to wait for another vote, a Fourth of July Picnic at the Washington Capital, tents and all, would be a great event to behold. (/12/2009 is serious, much like 9/12-2001)
Love you Governor Huckabee, keep us under the Law. Do the socialism under the Board of Governors and give us the Fair Tax with Constitutional spending!!!
That reminded me, for the etiquette of not allowing the Congress to challenge Law in Court, that is understandable as is a free sign on an ice cream cart, but if someone takes the cart, I would hope that etiquette kicks in! At the very Least, when the Federal Government challenges a State who decides that a law is unconstitutional and ignores it by drilling for oil anyway, said State can take it to the Supreme Court, who are by the decree of the affirmation of the tenth Amendment, under the Good Behavior Clause of the Constitution. If the upcoming violation of the Constitution which does not authorize the Federal Government any say so in the affairs of the States pertaining to the Right of Individual Arms (Mexico would be better off armed) happens, Every State in the Union may co-sponsor a complaint in a Court of their Choosing. Our Federal Government is no different then the Security Department, other then they have all the money(that is insane). Time to get behind what Governor Perry has endorsed, one and all. What say you Huck? You are the Vanguard
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