J. Matt Barber is the Associate Dean for Career and Professional Development and Adjunct Assistant Professor of Law at Liberty University School of Law. He also serves as Vice President of Liberty Counsel Action. His areas of expertise and interest include pro-family public policy and cultural advocacy, judicial and constitutional integrity, strategic career guidance and counseling; sexual behavior and the law.
With his background and expertise, Barber is advocating that states start using the 10th Amendment to fight back against the federal government. The 10th Amendment reads:
“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.”
Barber spoke about how the Labor Department has ruled that same-sex marriage couples that get married in a state where it is legal but live and work in a state that does not recognize same-sex marriages may participate in retirement and pension plans including 401K. He told OneNewsNow that according to the 10th Amendment, states have the right to define marriage and that the Supreme Court’s ruling on the Defense of Marriage Act flies in the face of states’ rights. He explained:
“This is just the latest example, and perhaps the most brazen example, of this Obama administration’s utter lawlessness and utter disdain for the Constitution, particularly the 10th Amendment.”
“At this point my suggestion to the states would be to tell the Obama administration to jump in a lake,” replies Barber. “They have no authority to compel the states to do this. The president is the one creating a constitutional crisis here because he is violating the Constitution.”
The Founding Fathers intentionally wrote the 10th Amendment to prevent the federal government from getting too big or too powerful. They intended the states to retain most of the power for themselves and the people and to limit the scope of the federal government. Over nearly two and half centuries, the federal government has grown like a cancer and is now at the point of killing its host. The states need to excise the cancerous federal government from their borders and the scalpel they need to use is the 10th Amendment. If federal courts, including the Supreme Court try to interfere and block the states’ efforts to enforce the 10th Amendment, the states need to turn to Article 3, Section 1 of the US Constitution that defines the term limits of federal judges including the Supreme Court. It states:
“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…”
When they rule against the Constitution and the Bill of Rights, they are no longer operating in good behavior and are therefore subject to removal from the bench. If only the people sent to Washington would understand the Constitution and act upon it and not their own special interests.