Timothy Baldwin, J.D.
Liberty Defense League
December 19, 2011
Candidate for Montana Attorney General, Jim Shockley, stated while sitting in his official capacity as Montana Senator that original and true meaning of state sovereignty, as expressed in the tenth amendment of the United States Constitution, was changed and ridded by the Civil War. Shockley’s position is completely incorrect constitutionally and historically. Moreover, it is dangerous to Montana’s rights and to the liberties of Montanans. Any attorney holding this view of the constitution does not qualify to serve as Montana’s next Attorney General.
I. Montana’s 2012 Attorney General Must Hold Correct View of the U.S. Constitution
Of all people who must understand, respect, and protect the system of federalism prescribed in the United States Constitution, it should be a State’s Attorney General. To qualify for this trusted position, one must know the true meaning, nature, and character of the United States Constitution. As well, he must understand America’s origins of political philosophy to guide his thoughts and conclusions relative to the oath of office to which he swears. Without this, the State will be in jeopardy of losing rights and will have obligations it otherwise would not have. The State would suffer politically, socially, and economically years afterwards.
II. The United States Constitution Requires Use and Protection of State Sovereignty
The United States Constitution established a system of government whereby the States would retain all sovereignty and power not expressly delegated to the federal government. Our historical records reveal that the tenth amendment was intended by the ratifiers as both a substantive declaration as well as a provision of protection.