The book describes the 10th Amendment rules that must be adhere to preserve a Republic form of government. If these rules are broken, then the government reverts to a non Republic form of government violating the 10th amendment which is the last Amendment in the Bill of Rights. Other topics are discussed such as mob rule leading to violating the 10th Amendment.
10th Amendment Secures A Republic Form Of Government!!!
By Daniel H MarchiAuthorHouse
Copyright © 2010 Daniel H Marchi
All right reserved.ISBN: 978-1-4490-7063-2Chapter One
Early American History
Early Americans mistrust of government power came from the colonial experience itself. Most historians believe that the pivotal event was the Stamp Act which the English Parliament passed in 1765. Taxes were imposed on every legal and business document like Newspapers, books and pamphlets.
Even more than the taxes themselves, the Americans resented the fact that a distant government imposed the taxes without representation in the British government. The Early Americans were further enraged on how the Stamp Act was enforced through the efforts of British customs inspectors. Armed with Parliament issued "writs of assistance" British customs inspectors entered people's homes regardless of having had no evidence of a Stamp Act violation. The British customs inspectors ransacked the people's possessions in search of contraband. The colonialists came to hate the enforcement procedures of the British customs inspectors. From these experiences of the British customs inspector enforcing the Stamp act taught the early American colonialist the exclusivity of power and liberty as natural enemies. The British customs inspector's "warrantless" searches became a rallying point towards the opposition of aristocratic government rule.
A Federal Government Republic is a representative government that operates starting at local people organization and districts and ends at the executive branch.
Separation of Powers
The Separation of Powers of the three branches of government, legislative, judiciary and executive, is a checks and balances, but a second set of checks and balances are established via the representational government scheme of a Federal Government Republic. Representational governing defines to be Bottom UP. Representative law making guaranties people sovereignty, States Governments' sovereignties and Federal Government Republic sovereignty also in a Bottom UP order. The Federal Government Republic sovereignty is at the bottom of this pecking order.
The nation's founders believed the most important task was containing the government's power and protecting the people's liberties. The nation's founders declared a new purpose for government was to the protection of people's individual rights. Not only the protection of people's rights was the government's only purpose; but, to ensure economic growth. To conduct foreign affairs the government was expected to protect the community against foreign and domestic threats, The government's job was not to tell how people should live their lives, what religion to practice or what to write about in pamphlets and newspapers. Common sense, made the idea of individual rights the oldest and most traditional of the American ideology.
In the United States, the people requires the rule of law and social order. The United States government has need of cooperation among whose inhabitance are subject to the same general rule affecting others within the territory of the United States. As the organization size swells beyond a point, ideas and goals becomes extremely difficult to consolidate
The planners of the Constitution formed a Republic form of government ensuring freedom, liberty, and equal protection under the law for all persons within the sovereign borders of the United States. As the planners of the Constitution foresaw, in order to perform properly, a Federal Government Republic requires vigilance of the governed. People looked to a Federal Government Republic for establishing and maintaining a social equitable order based upon the will of the people whom wanted direct participation in the process. With the will of its people; a Federal Government Republic has the unique ability of peacefully destroying itself. The planners of the Constitution having realized this situation, among others, proposed what is now known as the Bill of Rights, the first ten amendments to the Constitution.
Bill of Rights
The Bill of Rights contains first ten amendments to the United States Constitution. James Madison introduced the Bill of Rights in the first 1789th United States Congress as a series of constitutional amendments which came into effect on December 15, 1791. At that time, three-fourths of the States' Governments ratified the Bill of Rights which limits the powers of the Federal Government Republic of the United States. The Bill of Rights protects the rights of all citizens on United States territory.
The Bill of Rights include a set of specific guarantees, among them, the right to free speech, freedom of religion, due process of law and freedom from governmental search and seizure along with the 10th Amendment. The people ratified the Constitution only after the framers of the constitution pledged to add to the Constitution those protections.
The absence of a "bill of rights" turned out to be an obstacle to the Constitution's ratification The States' Government Legislatures demanded recognition of certain rights which the British Government had violated during the occupation of the American colonies. Four more years of intense debate followed before the new Federal Government Republic was formed to resolve the issue.
The Federalists argued that the Bill of Rights was not necessary. The Constitution was to be sufficient. and the Bill of Rights did not need to be included in the Constitution. Anti-Federalists who feared a strong centralized Federal Government Republic refused to support the Constitution without a Bill of rights.
Finally, popular sentiment was decisive. Recently freed from the despotic English monarchy, the American people within the colonies was granted strong guarantees. The newly form Federal Government Republic would not trample upon their newly won freedoms of speech, press and religion, nor upon their right to be free from warrantless searches and seizures.
The Framers of the Constitution's paid attention to Thomas Jefferson who argued: "A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference."
The planners of the Constitution demonstrated a clearness of vision formulating the Constitution based on knowledge of other countries governmental structures of pass history and existing ones at that time. The framers of the Constitution did not realize that they were creating a Centralized Federal Government Republic which had enormous powers. The centralized Federal Government Republic might discover the power of the purse (16th Amendment). The centralized Federal Government may try to expand and control States' Governments using extortionary methods which is a process that will cost the American taxpayer. The planners of the Constitution insisted on having the 10th Amendment within the Bill of Rights that has the ability to rescind any tyrannical ideas of a Federal Government Republic upon States Governments' Republics.
10th Amendment of the Constitution
At the time that the Constitution was adopted, the 10th Amendment was intended to confirm the understanding of the States Governments Republics' people.
The 10th Amendment expressly declares the constitutional policy of the Federal Government Republic may not exercise power that prejudices the States Governments' Republics which interfere with the States Governments Republics'...