Civil Discourse Now

Where the far left and far right overlap for fun and enlightenment

Tenth Amendment: can States nullify Federal laws? and can States secede?

   On Today’s Show we will discuss THE TENTH AMENDMENT at 11 a.m. at Big Hat Books, 6510 Cornell Avenue, in Broad Ripple. "Civil Discourse Now" is part of the "Indiana Talks" internet network. If you cannot attend, you can Tweet in questions. I will post "how" on that later today. Our Twitter address is @civildiscoursenow.com

   Our confirmed guests for Saturday will be:

   Mike Maharrey of the Tenth Amendment Center. Their website (tenthamendmentcenter dot com) is well-constructed and informative about the organization. He is the organization’s communications director. He is a native of the Commonwealth of Kentucky and won two Kentucky Press Association Awards as a sports writer. NOTE: He is not a UK fan. We had an interesting conversation the other day about the stature of the individual compared to the state as an entity.

   Karen Celestino-Horseman is a former Democratic Party member of the Indianapolis City-County Council and practices law in Indianapolis. Karen and I share some views in this area.

   As I mentioned yesterday, two bills, in particular, before the Indiana General Assembly raise implications as to the Tenth Amendment.

   Senator Phil Boots (R-Crawfordsville) has sponsored SB-230 that would (1) authorize the Indiana General Assembly to declare Federal laws unconstitutional and (2) create a Class-D felony for anyone caught in the act of enforcement or implementation of a Federal law. The contact person for Senator Boots was quite polite and informed me he had a schedule conflict. I think the proposed law would be, in part, redundant. If the Tenth Amendment reserves for the States the powers some claim, then the powers are there. More productive would be to enact specific laws that encroach on a "gray area" and meet the Federal challenge in court.

   Senator Dennis Kruse (R-Auburn) has sponsored SB-127. If enacted, that law would limit the power of Federal officials to make arrests in Indiana.

   The contact person for Senator Kruse also was quite polite as she informed me that since "Civil Discourse Now" is a podcast and not part of the conventional press, and he is very much in demand, he declined our invitation.

   I can understand how the senator might have to answer a lot of questions these days. He also has proposed legislation that would require children in public schools to recite the Lord’s Prayer at the beginning of each school day. Senator Kruse’s education has been in auctioneering. I would have enjoyed conversing with him about the nature of the state as a political entity. I also would have enjoyed discussion of how a law that requires children to recite a prayer from a specific religion is not afoul of the Establishment Clause of the First Amendment. Perhaps he has a Tenth Amendment argument to square his legislation.

   Both senators are welcome to join us on future shows. Today’s Show will be interesting.

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