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Saturday, April 17, 2010

Info Post
Don't Tread on States Rights
Momentum is growing to re-assert the proper boundaries around the federal government vis a vis states rights as put forth in the U.S. Constitution, particularly the 10th Amendment. The recent federal takeover of health-care has ignited the movement of 10th Amendment proponents. Addressing this issue below are: Utah Congressman Rob Bishop; Arizona Clint Bolick, director, Goldwater Institute Scharf-Norton Center for Constitutional Litigation; Wyoming Benjamin Barr, Counsel for Wyoming Liberty Group; Virginia John Taylor, president, Virginia Institute for Public Policy; and a concluding summary by Merrill Matthews, resident scholar, Institute for Policy Innovation.

Part Two - Arizona: The Epicenter of Federalism by Clint Bolick: The Goldwater Institute has pioneered the use of state constitutions as a "federalism shield" against excesses of the national government. Two proposed state constitutional amendments will appear as referenda on our November 2010 ballot that can be used by other states to protect freedom.

Working with Dr. Eric Novack, the Institute helped develop the Health Care Freedom Act, which protects the right of individuals to be free from forced participation in a government-approved health insurance system, and to directly purchase lawful medical services outside such a system. This has been adopted as a model bill by the American Legislative Exchange Council. We have provided counsel to assist similar efforts in three dozen states.

The Institute also drafted Save Our Secret Ballot, which would protect the right to secret ballot in elections and designations of union representation. The amendment would safeguard that right against the pernicious federal "card-check" legislation that would recognize unions without a secret-ballot vote. The Act also will appear on the ballot in at least four states.

Goldwater's litigation center has pledged to defend such measures against inevitable legal challenges if the federal government attempts to violate those precious rights. We also will publish this year a federalism toolkit, offering ideas to protect freedom at the state level. Through this toolkit and other means, the Institute stands ready to assist SPN members to advance 10th Amendment protections in their states.

For those who despair that the federalism enterprise is hopeless, we offer this solace: After Arizona's voter-approved English immersion program was challenged as a violation of federal law all the way to the U.S. Supreme Court, the scoreboard read Arizona-1, feds-0. Let's keep the freedom streak going.
Also See: Part One - Don't Tread on States' Rights - Federalism: A Key to Liberty

Tags: 10 Amendment, SPN, State Policy Network, States Rights, Arizona, Clint Bolick, Federalism, liberty
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