First, by signing the pledge, Mr. Lamb affirmed that he believes that “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.”
Second, Mr. Lamb affirmed that he believes that “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 ‘general welfare’ clause was used to enact Social Security, Medicare, the federal minimum wage law, child labor laws and a host of other legislation. The Interstate Commerce Clause was used to implement the Civil Rights Act of 1964 and other civil rights legislation. The true implication of these ‘affirmations’ is clear – that signers of the pledge do not believe in the legitimacy of these programs. Note that the very first words of the Social Security Act, in the Preamble, are: “An act to provide for the general welfare by establishing a system of Federal old-age benefits …”
As Ian Millhiser of the Center for American Progress has written, “In its strongest form, tentherism would eliminate most of the progress of the last century. It asserts that the federal minimum wage law is a crime against state sovereignty, child labor laws exceed Congress’s limited powers, and the federal ban on workplace discrimination and whites-only lunch counters is an unlawful encroachment on local businesses. Many tenthers even oppose cherished programs such as Medicare, Medicaid and Social Security.”
American Progress
Bob Greenslade has said that very thing on the Tenth Amendment Center website: 10th Amendment Center
The arguments propounded by tenthers are not new. They were part and parcel of legal efforts to dismantle the programs listed above. In a series of decisions, the Supreme Court rejected these arguments. Tenthers argue that either the Supreme Court should reverse their earlier rulings or that Congress should eliminate these laws.
In addition (but not part of the pledge), the Tenth Amendment Center proposes a series of “nullification” proposals, including:
1)”Any firearms made and retained in-state are beyond the authority of Congress.” In other words, if a machine gun is made in Massachusetts and stays in Massachusetts, it would not be subject to federal gun control laws; also, a proposal to nullify ALL federal gun control laws (machine guns, assault weapons, etc.)
2)The National Guard and Reserves may not be called into duty for deployment outside the country;
3)Eliminating the Federal Reserve and returning to the Gold Standard;
4)Making it a crime for any federal agent (FBI, ATF, Border Patrol, etc). to make an arrest, search or seizure without getting the advanced, written permission of the county Sheriff.
5)The Interstate Commerce clause does not affect agriculture, manufacturing, mining, etc. in the United States. In other words, if a farm in Massachusetts sold tainted eggs to a Massachusetts consumer, the FDA would not be able to investigate.
“Mr. Lamb’s willingness to sign this radical pledge raises grave concerns about his commitment to some of the most important progress our country has made over the last hundred years,” said McGovern spokesman Scott Zoback
“This pledge shows that Mr. Lamb doesn’t just want to privatize Social Security – he thinks the entire program is unconstitutional. We need to work together to protect civil rights, child labor laws, minimum wage, Medicare, and Social Security, and not destroy them. The fact that Mr. Lamb is the only congressional candidate in all of New England willing to sign this pledge shows just how far out of the mainstream he is,” said Zoback.
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