No-fly list strands average man in on island in Hawaii

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From the Jackson Sun and unbelieveable story of an ordinary person.

Hawaii is a paradise for most visitors. But it was Wade Hicks Jr.’s prison for five days.

The 34-year-old from Gulfport, Miss., was stranded in the islands this week after being told he was on the FBI’s no-fly list during a layover for a military flight from California to Japan.

The episode left Hicks scrambling to figure out how he’d get home from Hawaii without being able to fly until he was abruptly removed from the list on Thursday with no explanation. It also raised questions beyond how he landed on the list: How could someone on a list intelligence officials use to inform counterterrorism investigations successfully fly standby on an Air Force flight?

Hicks said he was traveling to visit his wife, a U.S. Navy lieutenant who’s deployed in Japan. He hitched a ride on the military flight as is common for military dependents, who are allowed to fly on scheduled routes when there’s room.

Hicks said that during his layover at Joint Base Pearl Harbor-Hickam, a U.S. Immigration and Customs Enforcement agent told him he was on the no-fly list and wouldn’t be allowed on a plane.

“I said, ‘How am I supposed to get off this island and go see my wife or go home?’ And her explanation was: ‘I don’t know,’” Hicks said.

Hicks said he was shocked and thought they must have had the wrong person because he doesn’t have a criminal record and recently passed an extensive background check in Mississippi to get a permit to carry a concealed weapon.

But the agent said his name, Social Security number and date of birth matched the person prohibited from flying, Hicks said. He wasn’t told why and wonders whether his controversial views on the Sept. 11 terrorist attacks played a role. Hicks said he disagrees with the 9/11 Commission’s conclusions about the attacks.

A Homeland Security spokesman referred questions to the FBI Terrorist Screening Center, which maintains the report. A spokesman for the center declined comment on Hicks’ case. The government doesn’t disclose who’s on the list or why someone might have been placed on it.(Despite the Constitution giving US Citizens the right to face your accusers with a judge along with charges brought on you? What about his man’s due process guaranteed in the Constitution? Just on somebody’s say so this man is put on a “no fly list”.)

White House Pulls Down TSA Petition

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Guess the White House really didn’t want to know our opinions on the TSA….actually I’m sure they know them or they wouldn’t have done this.

At approximately 11:30 am EDT, the White House removed a petition about the TSA airport screening procedures from the White House “We the People” website. About 22,500 of the 25,000 signatures necessary for a response from the Administration were obtained when the White House unexpectedly cut short the time period for the petition. The site also went down for “maintenance” following an article in Wired that sought support for the campaign.

Here’s part of that Wired article:

Court Demands TSA Explain Why It Is Defying Nude Body Scanner Order

Images: TSA

A federal appeals court Wednesday ordered the Transportation Security Administration to explain why it hasn’t complied with the court’s year-old decision demanding the agency hold public hearings concerning the rules and regulations pertaining to the so-called nude body scanners installed in U.S. airport security checkpoints.

The U.S. Circuit Court of Appeals for the District of Columbia Circuit’s brief order came in response to the third request by the Electronic Privacy Information Center for the court to enforce its order.

A year ago, the circuit court, in a lawsuit brought by EPIC, set aside a constitutional challenge trying to stop the government from using intrusive body scanners across U.S. airports. But the decision on July 15, 2011 also ordered TSA “to act promptly” and hold public hearings and publicly adopt rules and regulations about the scanners’ use, which it has not done.

The public comments and the agency’s answers to them are reviewable by a court — which opens up a new avenue for a legal challenge to the 2009 agency decision to deploy the scanners. Critics maintain the scanners, which use radiation to peer through clothes, are threats to Americans’ privacy and health, which the TSA denies.

Read entire article here

Feds, state check trucks: Closer scrutiny involved weigh stations across Tennessee

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My brother sent me this: Well folks for those of us that have been able to avoid the TSA’s unconstitutional searches at airports, bus and train stations, along with the now NFL games, guess what? They’re coming to our Tennessee Highways now at weigh stations for beginners  (for our safety of course) , then after you accustomed to that what’s next? Stopping cars on I-40 ?  I’ve written before about the VIPR teams, but that was far away at train stations, but now they’re in West Tennessee (for your safety of course). And let’s don’t forget those plain white Department of Homeland Security vans with X-ray equipment roaming the highways peering into your car as you go down the road to see what you have in it, again violating the 4th amendment. Folks, eventually no one will be able to avoid these checkpoints, as they will eventually extend to your local malls as well as secondary highways. …..Your papers please!

The State of Tennessee should be ashamed of itself–and the people of Tennessee should be outraged!

The problem is, this kind of unlawful activity has been taking place for years. And more often than not, it is the federal government that is both promoting this practice and paying for it, of course. So, why should anyone be alarmed that TSA is now joining scores of other federal alphabet agencies and getting into the act? At least, that’s the thinking of these KGB wannabes.

This video below came from the Tn Campaign for Liberty:

This is not a surprise considering Tampa, FL bus stations have long been occupied by TSA checkpoints forcing random searches.




The Transportation Security Administration and the Tennessee Department of Safety and Homeland Security set up simultaneous checks at truck weigh stations across the state on Tuesday, in a coordinated effort to maintain traffic security on interstate highways in Tennessee.Kevin McCarthy, TSA federal security director for West Tennessee, said TSA’s operations do not only concern air travel safety, but following train bombings in Madrid, the TSA worked to enhance security on rail and mass transit systems nationwide, as well as major interstate highways.

“People generally associate the TSA with airport security, and after 9/11 that was our primary focus, but now we have moved on to other forms of transportation, such as highways, buses and railways,” McCarthy said. “West Tennessee is one of the major modes of transportation in the nation. Memphis is first in business air cargo, the fourth in inland maritime ports (via the Mississippi River) and five of the country’s seven major railroads run through the city.”

To increase national security, the TSA created Visible Intermodal Prevention and Response, known as VIPR, teams, which consist of federal air marshals, surface transportation security inspectors, transportation security officers, behavior detention officers (just in case you get upset during an illegal  4th amendment search) and explosive detection canine teams.

Tuesday’s VIPR operations were in coordination with the TDSHS, as well as various police departments and the Tennessee Highway Patrol.

Larry Godwin, deputy commissioner of TDSHS, said the checks at the weigh stations were about showing the people of Tennessee the government is serious about transportation safety, and to make sure the state is ready in case something were to happen.

” VIPR operations today mark the first simultaneous scale check across the state, they are not based on any particular threat,” Godwin said. “It is just about working together with different agencies and being prepared and coordinated from Memphis all the way to East Tennessee.”

Various police departments across the state, including large departments such as those in cities like Knoxville, Chattanooga, Nashville and Memphis were involved in the checks at the weigh stations.

Godwin said TEMA also plays a major role in coordinator efforts to keep Tennessee’s transportation system safe, and later this week similar inspections will be done at airports across the state.

McCarthy also pointed out that Interstate 40 is one of the country’s a major thoroughfares, being the third longest major west-east interstate highway in the United States after Interstate 90 and Interstate 80. Interstate 40′s western end is in Barstow, Calif. and its eastern end is in Wilmington, N.C.

“Everything from Wal-Mart merchandise to illegal drugs and illegal immigrants are transported through this area,” said Godwin. “Current interdiction units are doing a good job, but further coordinated inspections will only strengthen their efforts. If we prepare for the worst, then we are ready for almost anything.”

Jackson Sun

TSA Employees Accused of Rape: Murder & Stealing Cash from Travelers


TSA Assistant Federal Security Director for all 7 airports in Mississippi killing another TSA agent this past sunday. 9/18/2011.
has been arrested and accused of rape. 

It is a terrifying indictment of TSA management that a violent criminal reached the level of Federal Security Director within TSA.

The Office of Personnel Management estimated that over 15% of TSA screeners have criminal records that were not discovered because of weak background standards.

TSA Crimes & Abuses

Clifton Lyles, who worked at the Nashville International Airport, was arrested earlier this week in Rutherford County, Tennessee, and charged with statutory rape. His bond was set at $10,000, according to NewsChannel 5 WTVF-TV in Nashville.

Earlier this month, a TSA employee was arrested in Nevada and charged with six counts of lewdness with a child.

In March of 2010, a TSA worker was arrested in Massachusetts and charged with statutory rape, enticement of a child and indecent assault and battery on a person 14 or older, a Boston news station reported.

The agency has weathered a number of criminal accusations since its inception in late 2001 following the September 11 attacks.

In February, the TSA admitted in federal court that a supervisor and two TSA agents were arrested and charged with stealing thousands of dollars in cash from the luggage of travelers. Another employee was arrested and fired for assaulting a co-worker in a dispute over a parking space.

Several days before the TSA admission of guilt, a TSA security officer at Newark Liberty International Airport pleaded guilty to accepting bribes and kickbacks from a colleague who regularly stole money from passengers during security screenings, Reuters reported.

Passenger theft by TSA employees is a nationwide problem, writes Howard Portnoy. According to TSA records, press reports, and court documents, around 500 TSA officers have been fired or suspended for stealing from passenger luggage.

Airports in New York City harbor the most flagrant offenders, according to Portnoy, “but virtually no city in the nation is safe from the TSA’s sticky fingers.”

Violence is also a problem. In August, a former TSA employee was charged with a federal hate crime after he allegedly attacked an 83-year-old Somali man on May 4, 2010.

The Clarion Ledger reports, A top federal Transportation Security Administration official in Mississippi is in jail in Gulfport charged with murder in the killing of TSA worker Stacey Wright.

On Sunday, D’Iberville police said they found Wright, 43, stabbed to death multiple times in her apartment there. Authorities arrested Ruben Orlando Benitez, 45, who serves as the TSA’s assistant federal security director in Mississippi.

Well Folks: Enhanced Pat-Downs At NFL Games Coming to Your Favorite Team’s Games

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I hate to say I told you so, but here it comes….My brother sent me this the other day and I’ve been working so much haven’t had time to post it…..How much of this are you willing to take people? Next it will be your local shopping Mall and then just check points on the highway your traveling. Our 4th amendment rights are being violated daily now by DHS and the TSA under the guise of protecting you from “terrorism”…this crap must be stopped..all that has to be done to stop this crap is boycott all NFL games and merchandise and call their advertisers that advertise during the games and demand this crap is stopped. Believe me folks, your not going to like what this is leading us to….if they want to look for terrorists, then do as Israel does…..PROFILE the people…

The NFL has announced that it will be implementing “enhanced” pat-downs at all 32 NFL stadiums.  Once this is fully implemented, the 16 million fans that attend games each season will be frisked from the ankles to the knees and from the waist up.  Apparently this new level of security was brought on by a recent incident where a Cowboys fan smuggled a stun gun into a game between the New York Jets and the Dallas Cowboys and started zapping other fans with it.  As usual, authorities have responded to a minor security incident by massively overreacting to it.  In the post-9/11 world in which we live, paranoia is standard operating procedure.  Those that are responsible for security are far more interested in “covering their backsides” than they are in respecting the liberty, freedom and dignity of average Americans.  America is rapidly turning into a high-security prison.  When naked body scanners and “enhanced pat-downs” went into U.S. airports, those that warned that we would soon see these types of “Big Brother” security measures pop up at train stations, bus stations, shopping malls and sporting events were dismissed as “conspiracy theorists”.  But it turns out that the “conspiracy theorists” did not even fully understand how quickly all of this nonsense was going to spread.  How much “security” is going to be enough?  Where in the world is the line going to be drawn?  If groping all fans is “necessary” for security at all NFL games, how long will it be before it is implemented at all other sporting events across the United States?

The truth is that no matter how hard they try, those in charge of our “security” cannot keep us perfectly safe.  Life is dangerous and bad things are going to happen no matter how much “security” you throw around.

We have a choice.  We can live as free men without fear, or we can cower in terror and call for increasingly repressive layers of “security”.  If we continue on the path that we are on, this nation is going to become a totalitarian “Big Brother” police state so repressive that it will make our founding fathers roll over in their graves.

In fact, they are probably already rolling over in their graves.

Do you enjoy living in a prison grid?  That is what this country is becoming.

Entire article @End of American Dream

Judge Napolitano warns: Mobile Prison Guard Towers Coming to a Walmart near You! Unbelievable

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These things are purchased with Obama Stimulus funds. Stimulate the economy by turning it into a prison yard? Like I said in the comment to Cashu the other day…we’re going to be sorry one day we allowed  DHS and the TSA to be created.

Abolish the Department of Homeland Security


Ben Franklin said, “Those who give up Essential Liberty to purchase a little Temporary Safety, deserve neither.”

A decade after 9/11, it’s time we got our civil liberties back. We should start by abolishing the TSA and DHS, and end the increasingly Orwellian assaults on individual liberty and the Constitution by Secretary Janet Napolitano and the Obama Administration. In memory of this anniversary of 9/11, let’s reaffirm our patriotism by taking back our rights.

After the terrorist attacks of September 11, 2001, Congress created the Department of Homeland Security (DHS), an umbrella organization that would oversee 22 preexisting federal agencies. The idea was to improve the coordination of the federal government’s counterterrorism effort, but the result has been an ever-expanding bureaucracy.

DHS has too many subdivisions in too many disparate fields to operate effectively. Agencies with responsibilities for counterfeiting investigations, border security, disaster preparedness, federal law enforcement training, biological warfare defense, and computer incident response find themselves under the same cabinet official. This arrangement has not enhanced the government’s competence. Americans are not safer because the head of DHS is simultaneously responsible for airport security and governmental efforts to counter potential flu epidemics.

National defense is a key governmental responsibility, but focusing too many resources on trying to defend every potential terrorist target is a recipe for wasteful spending. Our limited resources are better spent on investigating and arresting aspiring terrorists. DHS responsibilities for aviation security, domestic surveillance, and port security have made it too easy for politicians to disguise pork barrel spending in red, white, and blue. Politicians want to bring money home to their districts, and as a result, DHS appropriations too often differ from what ought to be DHS priorities.

The Department of Homeland Security should be abolished and its components reorganized into more practical groupings. The agencies tasked with immigration, border security, and customs enforcement belong under the same oversight agency, which could appropriately be called the Border Security Administration. The Transportation Security Administration and Federal Air Marshals Service should be abolished, and the federal government should end support for fusion centers. The remaining DHS organizations should return to their former parent agencies.

Terrorism remains a serious problem, but policymakers ought to be more candid with the American public. Instead of pandering to fear and overreacting to every potential threat, policymakers should keep the risk of terrorist attacks in perspective and focus public resources on cost-effective measures.

CATO Institute

Mom Arrested After Refusing TSA Molestation of Daughter in Nashville Airport

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So now refusing to be naked body scanned or fondle your daughter by pat downs of the TSA is an altercation. What about the 4th amendment?……then denied the woman the right to video the incident which is legal to do….

Earlier this month, it was revealed that the TSA, under the guidance of the Department of Homeland Security Secretary, deliberately misled the public on the health risks associated with the naked body scanners.

The Electronic Privacy Information Center published documents released under a Freedom of Information Act request that show the TSA has been caught covering up a growing number of cases of cancer among TSA airport body scanner operators who conduct the screenings in close proximity to the radiation-emitting devices.

A 41-year-old Clarksville woman was arrested after Nashville airport authorities say she was belligerent and verbally abusive to security officers, refusing for her daughter to be patted down at a security checkpoint.

Andrea Fornella Abbott yelled and swore at Transportation Security Administration agents Saturday afternoon at Nashville International Airport, saying she did not want her daughter to be “touched inappropriately or have her “crotch grabbed,” a police report states.

After the woman refused to calm down, airport police said, she was charged with disorderly conduct and taken to jail. She has been released on bond.

Attempts to reach Abbott on Tuesday were unsuccessful. The report does not list her daughter’s age. The mother and daughter were traveling from Nashville to Baltimore on Southwest Airlines.

“(She) told me in a very stern voice with quite a bit of attitude that they were not going through that X-ray,” Sabrina Birge, an airport security officer, told police.

“No, it’s not an X-ray,” she told Abbott. “It is 10,000 times safer than your cell phoneand uses the same type of radio waves as a sonogram.” (What about this..Public misled on dangers of airport body scanners, watchdog says)

“I still don’t want someone to see our bodies naked,” Abbott said, according to the police report.

At one point, Abbott tried unsuccessfully to take a video with her cellphone.

TSA policy revised

The arrest comes on the heels of public outrage over a video showing a pat-down of a 6-year-old girl at Louis Armstrong New Orleans International Airport. The April video prompted a new policy that took effect last month in which airport security screeners must try to avoid invasive pat-down searches of children.

TSA says it will instruct screeners how to make repeated attempts to screen young children without invasive pat-downs. The instructions should reduce the number of pat-downs on children, TSA says.

The Tennesean

TSA Pat Downs Admitted Punishment for Opting Out of Full Body Scans

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When are we going to get this nonsense the TSA is doing stopped. It’s unconstitutional and if anyone else did it, they would be committing a crime. So why is the Federal Government employees exempt? They aren’t !

Constitutional Powers the States have, and the Feds do not

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Here’s something for the readers that would like to learn more about the Constitution, State’s Rights and the Federal Government’s powers granted to them in the Constitution.

The Constitution enumerates the power of the federal government—but are there authoritative lists of those powers reserved to the states with which the federal government may not interfere?


During the period 1787-1790, while the public was debating whether to adopt the Constitution, the document’s opponents (“Anti-Federalists”) argued that the Constitution would grant the federal government powers so broad that there would be little left for the states.

Supporters of the Constitution responded that, actually, the powers granted the federal government were “few and defined” (Madison), but the states would retain exclusively all other prerogatives of government.  Some added that the states’ sphere was so vast, that enumeration of all exclusive state powers was impossible.

Nevertheless, Anti-Federalists continued to insist on knowing the sorts of things that federal officials would not be able to touch.  In response, leading spokesmen for the Constitution began to list such items.

Although some of those spokesmen simply provided a few examples, others offered considerable lists.  The lists complemented rather than contradicted each other.  Some of the longest lists came from the pen of Tench Coxe, a Philadelphia businessman who had served in the Confederation Congress and, in subsequent years, was to become the Assistant Secretary of the Treasury.

Coxe is little-known today, but his essays were among the most  influential with the general public, if not the most influential, of all the pro-Constitution writers.  His writings were not as extensive as, say, Hamilton, Madison & Jay’s Federalist, but they were much easier to read and may have been more widely distributed.  His representations, and similar ones from other pro-Constitution writers, were central to the entire constitutional bargain.

Coxe wrote under several pen names.  The excerpts below from two of his “Freeman” essays illustrate the powers constitutionally denied to the federal government.

For more complete treatment of this subject, see my article, The Enumerated Powers of States.  (Since writing that article, I’ve found even more Founding-Era enumerations.)

Here are Coxe’s lists:

From Freeman No. 1:
“It will be found, on a careful examination, that many things, which are indispensibly necessary to the existence and good order of society, cannot be performed by the fœderal government, but will require the agency and powers of the state legislatures or sovereignties, with their various appurtenances and appendages.

“1st. Congress, under all the powers of the proposed constitution, can neither train the militia, nor appoint the officers thereof.

“2dly. They cannot fix the qualifications of electors of representatives, or of the electors of the electors of the President or Vice-President.

“3dly. In case of a vacancy in the senate or the house of representatives, they cannot issue a writ for a new election, nor take any of the measures necessary to obtain one.

“4thly. They cannot appoint a judge, constitute a court, or in any other way interfere in determining offences against the criminal law of the states, nor can they in any way interfere in the determinations of civil causes between citizens of the same state, which will be innumerable and highly important.

“5thly. They cannot elect a President, a Vice-President, a Senator, or a fœderal representative, without all of which their own government must remain suspended, and universal Anarchy must ensue.

“6thly. They cannot determine the place of chusing senators, because that would be derogatory to the sovereignty of the state legislatures, who are to elect them.

“7thly. They cannot enact laws for the inspection of the produce of the country, a matter of the utmost importance to the commerce of the several states, and the honor of the whole.

“8thly. They cannot appoint or commission any state officer, legislative, executive or judicial.

“9thly. They cannot interfere with the opening of rivers and canals; the making or regulation of roads, except post roads; building bridges; erecting ferries; establishment of state seminaries of learning; libraries; literary, religious, trading or manufacturing societies; erecting or regulating the police of cities, towns or boroughs; creating new state offices; building light houses, public wharves, county gaols, markets, or other public buildings; making sale of state lands, and other state property; receiving or appropriating the incomes of state buildings and property; executing the state laws; altering the criminal law; nor can they do any other matter or thing appertaining to the internal affairs of any state, whether legislative, executive or judicial, civil or ecclesiastical.

“10thly. They cannot interfere with, alter or amend the constitution of any state, which, it is admitted, now is, and, from time to time, will be more or less necessary in most of them.”

From Freeman No. 2:

“First, then, each state can appoint every officer of its own militia, and can train the same, by which it will be sure of a powerful military support attached to, and even part of itself, wherein no citizen of any other state can be a private centinel, much less have influence or command.

“2dly. Every regulation relating to religion, or the property of religious bodies, must be made by the state governments, since no powers affecting those points are contained in the constitution.

“3dly. The state legislatures and constitutions must determine the qualifications of the electors for both branches of the fœderal government; and here let us remember to adhere firmly within our respective commonwealths to genuine republican principles. Wisdom, on this point which lies entirely in our hands, will pervade the whole system, and will be a never failing antidote to aristocracy, oligarchy and monarchy.

“4thly. Regulating the law of descents [inheritance], and forbidding the entail of landed estates, are exclusively in the power of the state legislatures. . . .

“5thly. The elections of the President, Vice President, Senators and Representatives, are exclusively in the hands of the states, even as to filling vacancies. The smallest interference of Congress is not permitted, either in prescribing the qualifications of electors, or in determining what persons may or may not be elected.

“The clause which enables the fœderal legislature to make regulations on this head, permits them only to say at what time in the two years the house of representatives shall be chosen, at what time in the six years the Senate shall be chosen, and at what time in the four years the President shall be elected; but these elections, by other provisions in the constitution, must take place every two, four and six years, as is declared in the several cases respectively.

“6thly. The states elect, appoint and commission all their own officers, without any possible interference of the fœderal government.

“7thly. The states can alter and amend their several constitutions, provided they do not make them aristocratical, oligarchic or monarchical—for the fœderal constitution restrains them from any alterations that are not really republican. That is, the sovereignty of the people is never to be infringed or destroyed.

“8thly. The states have the power to erect corporations for literary, religious, commercial, or other purposes, which the fœderal government cannot prevent.

“9thly. Every state can always give its dissent to fœderal bills, as each has a vote in the Senate secured by the constitution. Hence it appears, that the state governments are not only intended to remain in force within their respective jurisdictions, but they are always to be known to, and have their voices, as states, in the fœderal councils.

“10thly. The states not only elect all their own officers, but they have a check, by their delegates to the Senate, on the appointment of all fœderal officers.

“11thly. The states are to hold separate territorial rights, and the domestic jurisdiction thereof, exclusively of any interference of the fœderal government.

“12thly. The states will regulate and administer the criminal law, exclusively of Congress, so far as it regards mala in se, or real crimes; such as murder, robbery, &c. They will also have a certain and large part of the jurisdiction, with respect to mala prohibita, or matters which are forbidden from political considerations, though not in themselves immoral; such as unlicenced public houses, nuisances, and many other things of the like nature.

“13thly. The states are to determine all the innumerable disputes about property lying within their respective territories between their own citizens, such as titles and boundaries of lands, debts by assumption, note, bond, or account, mercantile contracts, &c. none of which can ever be cognizable by any department of the fœderal government.

“14thly. The several states can create corporations civil and religious; prohibit or impose duties on the importation of slaves into their own ports; establish seminaries of learning; erect boroughs, cities and counties; promote and establish manufactures; open roads; clear rivers; cut canals; regulate descents and marriages; licence taverns; alter the criminal law; constitute new courts and offices; establish ferries; erect public buildings; sell, lease and appropriate the proceeds and rents of their lands, and of every other species of state property; establish poor houses, hospitals, and houses of employment; regulate the police; and many other things of the utmost importance to the happiness of their respective citizens. In short, besides the particulars enumerated, every thing of a domestic nature must or can be done by them.

“In addition to this enumeration of the powers and duties of the state governments, we shall find many other instances under the constitution, which require or imply the existence or continuance of the sovereignty and severalty of the states.—The following are some of them:—

“All process against criminals and many other law proceedings will be brought by and run in the name of that commonwealth, in which the offence or event has taken place.

“The senate will be representatives of the several state sovereignties.

“Every state must send its own citizens to the senate and to the house of representatives. No man can go thither, but from the state of which he is a complete citizen, and to which, if they choose, he shall be sworn to be faithful.

“No state shall on any pretence be without an equal voice in the senate.

“Any state may repel invasions or commence a war under emergent circumstances, without waiting for the consent of Congress.

“The electors of the President and Vice-President must not nominate more than one person of the state to which they belong: so careful is the fœderal constitution to preserve the rights of the states.

“In case of an equality of votes in the election of the President or Vice-President, a casting voice is given to the states from a due attention to their sovereignty in appointing the ostensible head of the fœderal government.


“Two thirds of the states in the proposed confederacy can call a convention.

“Three fourths of those states can alter the constitution.

“From this examination of the proposed constitution for the United States, I trust it will appear, that though there are some parts of it, which, taken separately, look a little like consolidation, yet there are very many others of a nature, which proves, that no such thing was intended, and that it cannot ever take place.”

In private life, Rob Natelson is a long-time conservative/free market activist, but professionally he is a constitutional scholar whose meticulous studies of the Constitution’s original meaning have been published or cited by many top law journals. (See Most recently, he co-authored The Origins of the Necessary and Proper Clause (Cambridge University Press) and The Original Constitution (Tenth Amendment Center). After a quarter of a century as Professor of Law at the University of Montana, he recently retired to work full time at Colorado’s Independence Institute. Visit his blog there at


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