CNN: "Tenther" Movement Aims To Put Power Back In States' Hands

The Tenth Amendment, the last in the Bill of Rights, states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

CNN reports that their "message is loud and clear: Big government is out of control; states need to take back their constitutional rights. A movement has been growing over the past two years of urging states to exert their rights under the 10th Amendment... A number of states have passed resolutions that assert their rights. While the resolutions have no legal teeth, they're intended to carry a message: States' rights are being trampled on. The anger behind the so-called 'Tenther' movement comes from what advocates see as the federal government's forcing policies on the states -- most notably on health care reform, economic recovery measures and social issues... Michael Boldin, the founder of the Tenth Amendment Center, said the amendment is simply a reinforcement that the people created the federal government -- and the 'people are in charge.' His organization helps provide information to grass-roots groups looking to strengthen the sovereignty of states. Boldin pointed to several states laws that have been passed -- such as medical marijuana and same-sex marriage -- as examples why states should be able to decide their own fate. 'These really important issues ... were supposed to be left close to home,' he said. 'That way you can have a huge country with all kinds of viewpoints living in peace because you don't have people battling each other for the federal prize.' Steven Schwinn -- a law professor at John Marshall Law School and Constitution expert -- says that the amendment is too vague to be used as an argument for state sovereignty on key issues such as economic recovery, marijuana laws and same-sex marriage. 'To say that the 10th Amendment somehow empowers states or gives them state sovereignty is just reading way too much into the text,' he said. 'The 10th Amendment just can't bear that weight.' But don't tell that to the 37 state legislatures that introduced sovereignty measures in 2009. According to the Tenth Amendment Center, seven state legislatures -- Alaska, Idaho, Louisiana, North Dakota, Oklahoma, South Dakota and Tennessee -- have passed such legislation. All the resolutions, Schwinn noted, are nonbinding and do not carry any legal muscle. Tennessee and Alaska, in particular, went a step further: The governors in each state, including Sarah Palin of Alaska, signed their respective legislatures' resolutions."

CNN further reports that already "in 2010, sovereignty resolutions have been introduced in 17 states. One of the first to move the ball forward this year is Alabama; the legislature voted in late January to approve a state sovereignty resolution. Roy Moore -- a former chief justice of the Alabama Supreme Court who was removed from office for refusing a federal judge's order to remove a Ten Commandments monument -- commended Alabama's decision. I am certainly pleased that the Alabama Legislature has passed a resolution affirming the sovereignty of our state under the Tenth Amendment to the United States Constitution,' he wrote. 'Alabama now joins many other states which have passed such resolutions as a principled response to unprecedented threats to our liberties by the bloated and ever-expanding federal government.' In early February, South Carolina's House voted overwhelmingly in favor of a state Senate resolution on sovereignty. It now returns to the Senate for action... And some lawmakers are also questioning the need for using the 10th Amendment in passing legislation. Last week, the Kansas Senate Judiciary Committee recommended for approval a nonbinding resolution that says the federal government has violated the 10th Amendment. The resolution -- was approved 10-1 by the committee. The one holdout -- Sen. David Haley, a Democrat from Kansas City -- told the Lawrence Journal-World newspaper that while he at times disagrees with the federal government, the push didn't necessarily warrant a sovereignty resolution." Tweet