At the Patriots Of East Tennessee (POET) forum for independent gubernatorial candidates on September 20, all five candidates present signed the Tenth Amendment Center’s 10-4 Pledge. These candidates stand in stark contrast to the two party candidates, Mike McWherter and Bill Haslam, who have both publicly expressed opposition to upholding Tennessee’s Tenth Amendment rights as governor. Not unexpectedly, neither of the two party candidates have signed the 10-4 Pledge: Here is in summary what the pledge asks each candidate to affirm and sign:
As a public office holder, or a candidate for public office, I affirm that:
1. All just political authority is derived from the People, and government may only be established and maintained with their consent.
2. The People of each State have the sole and exclusive right and power to govern themselves in all areas not delegated to their government.
3. A government without limits is a tyranny.
4. The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government in the Constitution, and also that which is necessary and proper to advancing those powers specifically enumerated in the Constitution of the United States. The rest is to be handled by the state governments, or by the people themselves, as they determine.
5. In order for a federally-exercised power to be “necessary and proper” it must be a) something that, without which, would make the enumerated power impossible to exercise, and b) a lesser power than that which has been enumerated
6. The “Interstate Commerce Clause” in Article I, Section 8 of the Constitution, does not permit Congress to regulate matters that merely affect commerce among the States. It only permits Congress to regulate trade among the States.
7. The phrase, “general Welfare,” in Article I, Section 8 does not authorize Congress to enact any laws it claims are in the “general Welfare” of the United States. The phrase sets forth the requirement that all laws passed by Congress in Pursuance of the enumerated powers of the Constitution shall also be in the general Welfare of the United States. This was affirmed by James Madison when he wrote: “With respect to the words “general welfare,” I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.”
8. The federal government is not authorized to tax the People to raise monies for unconstitutional purposes. Likewise, the federal government is not authorized to condition funding to State or local governments on compliance with mandates which require them to do what the federal government is not authorized to do directly.
9. When Congress enacts laws and regulations that are not made in Pursuance of the powers enumerated in the Constitution, the People are not bound to obey them.
10. When the federal government exceeds its Constitutional authority, a nullification of the act is the rightful remedy. Without that remedy, the People would be living in a tyranny, under the unlawful and excessive control of one or more branches of the federal government.
As a public office holder, or a candidate for public office, I promise that, as long as I hold office:
1. My votes will always be in favor of the Constitution of the United States and the Constitution of this State. Every issue. Every time. No exceptions. No excuses.
2. I do, and will continue to, oppose any and all efforts by the federal government to act beyond its Constitutional authority.
3. I will proactively introduce and support measures designed to adhere to the Tenth Amendment and preserve, to their fullest extent, the powers of the People in my district, and of the legislators and administrations of my State.
4. I will introduce, sponsor and support resolutions affirming the sovereignty of the People of this State under the Tenth Amendment to the Constitution of the United States.
5. I will introduce, sponsor, and support legislation that nullifies, within my state, actions of the federal government which exceed its Constitutional authority.
6. I will introduce, sponsor and support legislation that provides such relief as is necessary and proper to provide fair redress to the citizens of my State in response to actions by the federal government which exceeds its Constitutional authority.
7. I will introduce, sponsor and support legislation which refuses federal funding made on condition that my State comply with federal mandates not authorized by the Constitution.
8. I will only vote in favor of a bill that I have thoroughly read, considered and understood.
9. I will be accountable to voters. Upon request, I will make public every vote I cast while in office.
Carl Whitaker was one of five independents who signed this pledge and did so willingly because he gladly embraces the principles laid forth in this document. The issue of the 10th Amendment is tremendous in light of the fact it is going to be the lynch pin on which all states opposed to Obama care will hang their fight on in court to have this hideous law appealed that is unconstitutional on so many levels it’s not funny.
Just for a moment let’s step back from the issue of health care and talk straight a minute. Whether you like Obamacare or not there is a bigger question that looms over this pledge. Why did the two mainline candidates refuse to sign this and stand opposed to protecting Tennessee from an overreaching federal government? Why would a candidate not want to be transparent, have their actions open to the public and pledge to uphold our Constitution?
We understand McWherter not wanting to sign it because Mike McWherter is well, a Democrat and Democrats LOVE health care bills and as the last two years have shown us in the White House and the last four in Congress Democrats have just about thrown out every principle of ethics, decency and intelligence in running our nation one can think of. I mean folks to state it again – DEMS LOVE HEALTH CARE BILLS! Just ask Hiliary Clinton and Barrack Obama to name a few. Heck, ask outgoing Phil Bredesen who oversaw eight years of TennCare to see it almost bankrupt our state before he had to step in and make significant changes. That’s what Democrats do – they raise your taxes, spend money and pass health care legislation claiming they are fighting for the greater good of society in leveling the playing field of economics. We don’t call that smart, we call that socialism. So the idea of protecting Tennessee from Obama care will never be given a second thought in the mind of the Democrat’s man in Tennessee, Mike McWherter. We get that.
What we don’t get is Bill Haslam, the Republican in this race who is passing himself off as a conservative. By the way Bill, we saw your latest campaign ad last night on one of Knoxville’s cable network. Glad you took our advice from yesterday and actually asked the people of Tennessee finally for your vote and told us that it was “jobs” as the reason you were running. The question we had watching was “whose job?” Yours?
Why would a Republican shy away from signing a simple pledge that says basically that the Governor will do everything possible to keep the federal government out of Tennessee’s affairs when it’s not wanted or warranted and be open and transparent in their dealings with the citizens? Why would a so-called conservative be unwilling to stand up for the state he is asking the citizens of that same state to be their next leader? Could it be that he is no different than the Democrat in this race, just running with a different letter beside his name? We’d argue quite simply – YES.
We’ve made some pretty interesting observations about both candidates the last few blogs but neighbor this issue is the most serious yet we are addressing. You need to understand the importance of the bigger picture here.
If your Governor won’t fight for your soveignty Tennessee then why should you trust him with your vote? I am sure both candidates blew this pledge off as some far right wing cause that some view as being out of touch with mainstream political thought and the general public. I’d argue that the 10-4 pledge is as mainstream as you can get- PROTECTING OUR CONSTITUTION AND PROTECTING THE STATE OF TENNESSEE FROM THE OVERREACHING ARM OF THE FEDERAL GOVERNMENT. We would never believe Mike McWherter would care two bedbugs less about repealing Obama care. We would have hoped Haslam would have been a bit more serious about it but I guess we missed that one by a million miles. By refusing to sign this pledge Haslam is sending a signal to the electorate that in the event we dont have a massive shift in power in Washington D.C. next Tuesday the policies of Barrack Obama are going to come tumbling and raining down on the heads of those who live in the Volunteer state and he will do very little to resist those policies and stop them.
Carl TwoFeathers Whitaker proudly signed this pledge and with a week to go till the election wants to stress again his commitment to the PEOPLE of Tennessee that he will fight tooth and toenail, every second of every day to make sure Washington stays out of our business here in the state. He pledges to immediately file a lawsuit on behalf of the state of Tennessee to join other states in fighting this unconstitutional law in honoring the language of our Forefathers in protecting state’s rights under the 10th Amendment.
Carl pledges to put the full force of Nashville to stand up to Washington not to pansy down and wimp out for political expediency.
Carl Whitaker IS different because he’s independent. He will fight for YOU the people not a political party. He will be no pawn to any one, any group and any special interest. He’s here to put illegal immigrants on notice that you are either going to become citizens lawfully or you are going to be dealt with by the state of Tennessee if he is elected governor. Carl is putting employers who knowingly hire illegals on notice that if elected governor he is going to use the full force of Nashville and law enforcement to uphold the laws of our state and Constitution and promises you will pay a fine and worse if we catch you. This business of jobs being given to illegals at the cost of our citizens is going to END.
Sound tough? You bet it does and you can bet there will be a change in atmosphere in Nashville if elected. In contrast, should Bill Haslam or Mike McWherter go in, the only thing that will change more than likely will be an “R” will replace the “D” in Phil Bredesen’s party affiliation if Haslam wins. In McWherter’s case, Bredesen is keeping his seat warm and things will continue as they are full speed ahead. Oops we did forget McWherter said he was going to do things “out of the box.” Whew, God only knows what that means and will look like. This late in the race and that’s all we are promised?
Election day is a week away. We’ve signed the 10-4 pledge for reasons more than political expediency. We signed it because we believe in protecting the state and citziens of Tennessee! The question as we close again is “where were the signatures of your two top candidates Tennessee?” We will be writing more on this this coming week as we come down to one week till election day.
Vote Carl TwoFeathers Whitaker November 2, 2010 for Tennessee Governor. We continue to covet your support, prayers and vote. We need your financial support! Thank you for those who have written us and told us you have already voted for us in early voting. Your vote has been appreciated!