10th Amendment Center On TN Attorney General, Constitution

On Attorney General Robert Cooper’s opinion on the TN Health Freedom Act:

This guy is either a liar, he’s ignorant, one of the two or both. But either way this guy is unfit for office as an Attorney General. He has not only twisted and kept out parts of the Constitution in his discussion, but he’s made completely false claims…This guy is F all the way around.

Michael Boldin from the 10th Amendment Center is the man. This is the segment to listen to this week; his insight on the Commerce Clause, Supremacy Clause and 10th Amendment:

Concordia res Parvae Crescunt

“Small things grow great by concord”

-John Dickinson, Letters from a Farmer in Pennsylvania.

Originally from the Roman historian Sallust on his account of the Jugurthine War, Chapter 10, translation “Harmony makes small states great, while discord undermines the mightiest empires.”

6:30 segment:

8:30 segment:


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14 responses to “10th Amendment Center On TN Attorney General, Constitution

  1. John from Greenfield

    I hope Dolly Parton contacts Cooper and starts sending him a book every month so his reading skills increase.

    (Then again, I don’t. This whole “Imagination Library) thing is taxpayer funded too.)

    • Top Economist

      John from Greenfield,

      Here’s a deep thought: Let Robert Cooper buy his own books with his own money. If he has to pay for his own books, he will make a greater effort to learn how to read. If he needs a copy of the Constitution to read, he can check out a copy at the library.

      Head Librarian from Hornbeak

  2. John from Greenfield

    All a person has to to is go to The Heritage Foundation and they can receive a free pocket copy of the Constitution.


  3. “The true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law.”

    –Thomas Jefferson to Albert Gallatin

    “Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government.” –James Madison

  4. Chief Special Master of Philosophy Czar

    A Dangerous Plan of Benefit Only to
    The “Aristocratick Combination.”:

    I am pleased to see a spirit of inquiry burst the band of constraint upon the subject of the NEW PLAN for consolidating the governments of the United States, as recommended by the late Convention.

    If it is suitable to the GENIUS and HABITS of the citizens of these states, it will bear the strictest scrutiny. The PEOPLE are the grand inquest who have a RIGHT to judge of its merits. The hideous daemon of Aristocracy has hitherto had so much influence as to bar the channels of investigation, preclude the people from inquiry and extinguish every spark of liberal information of its qualities.

    At length the luminary of intelligence begins to beam its effulgent rays upon this important production; the deceptive mists cast before the eyes of the people by the delusive machinations of its INTERESTED advocates begins to dissipate, as darkness flies before the burning taper; and I dare venture to predict, that in spite of those mercenary dectaimers, the plan will have a candid and complete examination.

    Those furious zealots who are for cramming it down the throats of the people, without allowing them either time or opportunity to scan or weigh it in the balance of their understandings, bear the same marks in their features as those who have been long wishing to erect an aristocracy in THIS COMMONWEALTH [of Massachusetts]. Their menacing cry is for a RIGID government, it matters little to them of what kind, provided it answers THAT description.

    As the plan now offered comes something near their wishes, and is the most consonant to their views of any they can hope for, they come boldly forward and DEMAND its adoption. They brand with infamy every man who is not as determined and zealous in its favor as themselves. They cry aloud the whole must be swallowed or none at all, thinking thereby to preclude any amendment; they are afraid of having it abated of its present RIGID aspect.

    They have strived to overawe or seduce printers to stifle and obstruct a free discussion, and have endeavored to hasten it to a decision before the people can duty reflect upon its properties. In order to deceive them, they incessantly declare that none can discover any defect in the system but bankrupts who wish no government, and officers of the present government who fear to lose a part of their power. These zealous partisans may injure their own cause, and endanger the public tranquility by impeding a proper inquiry; the people may suspect the WHOLE to be a dangerous plan, from such COVERED and DESIGNING schemes to enforce it upon them.

    Compulsive or treacherous measures to establish any government whatever, will always excite jealousy among a free people: better remain single and alone, than blindly adopt whatever a few individuals shall demand, be they ever so wise. I had rather be a free citizen of the small republic of Massachusetts, than an oppressed subject of the great American empire. Let all act understandingly or not at all.

    If we can confederate upon terms that wilt secure to us our liberties, it is an object highly desirable, because of its additional security to the whole. If the proposed plan proves such an one, I hope it will be adopted, but if it will endanger our liberties as it stands, let it be amended; in order to which it must and ought to be open to inspection and free inquiry.

    The inundation of abuse that has been thrown out upon the heads of those who have had any doubts of its universal good qualities, have been so redundant, that it may not be improper to scan the characters of its most strenuous advocates. It will first be allowed that many undesigning citizens may wish its adoption from the best motives, but these are modest and silent, when compared to the greater number, who endeavor to suppress all attempts for investigation.

    These violent partisans are for having the people gulp down the gilded pill blindfolded, whole, and without any qualification whatever. These consist generally, of the NOBLE order of C[incinnatu]s, holders of public securities, men of great wealth and expectations of public office, Bankers and Lawyers: these with their train of dependents form the Aristocratick combination.

    The Lawyers in particular, keep up an incessant declamation for its adoption; like greedy gudgeons they long to satiate their voracious stomachs with the golden bait. The numerous tribunals to be erected by the new plan of consolidated empire, will find employment for ten times their present numbers; these are the LOAVES AND FISHES for which they hunger. They will probably find it suited to THEIR HABITS, if not to the HABITS OF THE PEOPLE. There may be reasons for having but few of them in the State Convention, lest THEIR OWN INTEREST should be too strongly considered.

    The time draws near for the choice of Delegates. I hope my fellow-citizens will look well to the characters of their preference, and remember the Old Patriots of 75; they have never led them astray, nor need they fear to try them on this momentous occasion.

    -A Federalist,
    From The Boston Gazette and Country Journal, November 26, 1787. (Anti-Federalist Paper #1)

    • You must realize the Anti-Federalist Papers were arguments against ratification of the constitution appearing in various forms, by various authors.

  5. Chief Special Master of Philosophy Czar


    Yes, I am quite aware of this.

    I am also qite aware of the correct predictions the Anti-Federalists made of the tyranny of centralized government that would and has ensued.

    • I can certainly see it too DSMPC ….it seems some form of “limited” central government would be necessary. If not would have been the answer? Separate nations out of the colonies?

  6. Chief Special Master of Philosophy Czar

    What Anti-Federalists, such as Samuel Adams, Thomas Jefferson, George Mason, William Henry Lee wanted was to amend the Articles of Confederation to add the power to make commerce regular amongst the states, yet preserve the soverignty of the states.

    The whole intent was for a union of soverign states, with the federal government attending to GENERAL and BASIC matters ONLY.

    Furthermore, the Anti-Federalists correctly predicted the rise of the Elisits/Aristocracy and stated that if the body of the people will not govern themselves and do so wisely, then a FEW will, and then government becomes an instrument of FORCE only, not of the WILL (of the People) and force,

    “If the body of the people will not govern themselves, and govern themselves well too, the consequence is unavoidable — a FEW will, and must govern them. Then it is that government becomes truly a government by force only, where men relinquish part of their natural rights to secure the rest, instead of an union of will and force, to protect all their natural rights, which ought to be the foundation of every rightful social compact.”

    “All human authority, however organized, must have confined limits, or insolence and oppression will prove the offspring of its grandeur, and the difficulty or rather impossibility of escape prevents resistance. Gibbon relates that some Roman Knights who had offended government in Rome were taken up in Asia, in a very few days after. It was the extensive territory of the Roman republic that produced a Sylla, a Marius, a Caligula, a Nero, and an Elagabalus. In small independent States contiguous to each other, the people run away and leave despotism to reek its vengeance on itself; and thus it is that moderation becomes with them, the law of self-preservation.” – A Farmer, Anti-Federalist #3

    Can it be said that it was the WILL of the people to add 16,000 more IRS agents within the healthcare bill, or more properly the government which has FORCED this upon us?

    • The anti-federalist were obviously in the minority at the time. Jefferson wasn’t even in the country when the Constitution was ratified or being created for that matter. He did correspond with some from France where he was our Ambassador from the US at the time.

      The “commerce clause” in the Constitution at the time of the founders and up until around FDR was interpreted just as the “anti-federalists” wished….it was interpreted to only “regulate” commerce between states.

      Then there was that great progressive FDR that changed things and it’s continued getting worse ever since. FDR was not the great guy most at the time thought he was. He threatened to stack the Supreme Court so it would rule favorably for him, after they ruled against some of his socialization attempts (the new deal). After his threats the SC ruled in favor of him. Previously the high court had struck down several key pieces of New Deal legislation on the grounds that the laws delegated an unconstitutional amount of authority to the executive branch and the federal government. (which it did) Now we face a similar thing today with a popular progressive president (not so popular now), but we have better communication abilities today. We also have 20 States now suing the federal government over Obamacare and I’ll be surprised if they lose. Then the 16,000 IRS agents won’t be so busy.

      But you are correct this is against the people’s wishes, because even on the weekend that Obamacare was voted in 59% were opposed to it. November is how we correct this little matter, then 2012 is when we finish correcting this little matter of the “people’s wishes”.

  7. Chief Special Master of Philosophy Czar


    Compromise did take place- it resulted in Jefferson writing and adding the Bill of Rights to the Constitution- It would not have been ratified without it, as several key people, Samuel Adams amongst them, would not have voted for ratification without it.

    I still feel that amending the Articles of Confederation would have been better, for if the government of Massachutsetts were to become tyrannical, the good peace loving people desirous of freedom could simply move to Tennessee or wherever tyranny did not exist.

    In our federal system (which is really nothing more than a national government) the laws of Congress affect us all, indeed like stated in Anti-Federalist #3, the American Empire is such that one has no escape from the tyranny, especially since courts and the people have been willing to swallow consolidation of power and the dissipation of state’s rights since the end of the Civil War

    At least we still have the vote, maybe, if ACORN and the Obama mob don’t pull the voting tomfoolery and fraud which has been seen of the Democrats hard core since 2000, we can slowly right our ship, other wise a Constitutional Convention may be necessary to strip the federal government of its power.

    Think about it- the intent was General and Basic, all esle to be left to the states.

    I think out federal government has long surpassed General and Basic, it started with Lincoln, grew with Wilson and was shifted into high gear by FDR.

    Progressivism and centralized power must go!

  8. Your right CSMPC compromise did take place….your example is a good one, the Bill of Rights, was indeed a comprise without it the Constitution would not have been ratified. No doubt about that.

    “the good peace loving people desirous of freedom could simply move to Tennessee or wherever tyranny did not exist”

    I agree with you there as well, you know Ronald Reagan once said, if you didn’t like what was going on in one state,” you could vote with your feet”, meaning just what you said,you could move to another state. But as you said now the federal government has standardized so much stuff within the states, it’s really almost impossible to move to another state and avoid a certain thing. This is not what the founders meant to happen.

    “especially since courts and the people have been willing to swallow consolidation of power and the dissipation of state’s rights since the end of the Civil War”

    Yep, I agree with you again. Lincoln was not the great man he is trumped up to be in history. There’s a lot that can be said about him that would surprise most of the readers of this blog, I’m sure you know that already. I have some quotes from him that would stun most readers.

    Now to the consolidation of power. What usually happens today is the federal government says, this certain thing we would like for you to do is voluntary, BUT, if you don’t do it we’re going to cut so and so funds we’ve been giving you. That’s how we had the 55 MPH speed limit nation wide at one time and I look for that to happen with the States that opt out of Obamacare in an attempt to make the States comply with the new federal law. (threaten to cut of some federal funds of some sort) And some States will give in, you….just watch, I guarantee you that is what will happen. That has been the federal government’s MO for years now. They get the States used to having a certain amount of money for something and then later use the threat of cutting it off to get the States to do something they really don’t want to do, but have to because they need the money.

    “Think about it- the intent was General and Basic, all else to be left to the states.”

    Once again I can’t disagree with you on this either…..you are correct. Just look at Federalist Paper #45 by James Madison,“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.”

  9. Once again I’d like to say….Mike that interview with Michael Boldin was awesome, wish he could be on weekly or at least once a month. He has a wealth of knowledge and info. Thanks for having him on.

    By the way the Tennessee Health care Freedom Act passed out of the Commerce Committee today and will go to the full house for debate and to be voted on soon.

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