Obama Signing Executive Order

Obama’s Transgender Decree Defies the Tenth Amendment, Constitution

On Friday May 13th President Obama declared that all bathrooms, showers and locker rooms in all public schools are now “transgender.” This perfectly demonstrates that the federal government is operating under the delusion that the Constitution created a top down national government with the States completely subservient to the will of the federal government. This could not be further from the truth.

The Constitution united mostly sovereign States into a country that resembles a federal republic. The State government alone is responsible for all decisions that affect the lives of individuals living in that State along with businesses and schools that exist there. James Madison discussed the true nature of the government created by the Constitution in Federalist Paper 39:

“The idea of a national Government involves in it, not only an authority over the individual citizens; but an indefinite supremacy over all persons and things, so far as they are objects of lawful Government the proposed Government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects”

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Under the Articles of Confederation, which was the first US constitution, the government created was a true federal government of completely sovereign States. This government proved too weak. The States squabbled amongst themselves and federal government lacked the power to make treaties with other nations. When the States ratified our current Constitution the States transferred a small number of powers to the federal government. These powers are clearly spelled out. All other powers remain with the States. James Madison described this in Federalist Paper number 45:

“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. The former will be exercised principally on external objects, as war, peace, negociation, and foreign commerce; with which last the power of taxation will for the most part be connected. The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement, and prosperity of the State.”

This was realized in the Tenth Amendment, which 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.

This transgender decree is another in a long train of abuses by presidents stretching back over a hundred years, although President Obama is the worst. Unfortunately, the States are, for the most part, complicit in this delusion that they are completely subservient to the federal government. They have all but forgotten that they have the power to disregard all federal actions that violate the Constitution, just by declaring them null and void. The States do not have to wait for the Supreme Court before nullifying usurpations of the Constitution. Thomas Jefferson discussed this when he wrote the Kentucky Resolutions:

That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy:

To get the States to go along with unconstitutional laws and decrees, the federal government bribes them with money earmarked for roads, education, and so much more.

So far 12 States are defying President Obama over this transgender decree, based on the Tenth Amendment. Those that defy him on this issue could pay a heavy price in the form of federal education money withheld.


Jon Fournier

Jon Fournier is a strict constitutionalist who has studied the Notes on the Debates in the Federal Convention, the transcripts of the State ratifying conventions, The Federalist Papers, The Anti-Federalist Papers, and the writings of the framers of the Constitution. He has also studied economics through the writings of Adam Smith, F A Hayek, Ludwig von Mises, and Milton Friedman.

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