10th Amendment, Federalism, and States' Rights

The 10th Amendment of the United States Constitution encapsulates the idea of Federalism, which entails distributing authority and powers between states or provinces and the national government. The notion that local and national governments should share the responsibilities of governing is quite old, but the concept of Federalism as it influenced the Founders finds its genesis in the 17th and 18th centuries.

Taking its lesson from the overreach of the British Crown, the first government of the United States, under the Articles of Confederation ratified in 1781, sought to ensure that "Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled."

While the adoption of the Constitution in 1787 was motivated to remedy some of the ills that resulted from a weak national government the Articles had created, James Madison made it clear in Federalist 45 that "The powers delegated by the proposed Constitution to the Federal Government, are few and defined. Those which are to remain in the State Governments are numerous and indefinite." The enumeration of the federal government's powers in Article I Section 8 and the adoption of the 10th Amendment were supposed to assuage the fears of the Anti-Federalists who maintained their opposition to the Constitution on the grounds that it paved the way for the centralization of power to the detriment of individual liberty.

In general, three understandings of Federalism came out of the Founding period: state-sovereignty, states' rights, and nationalism. State sovereignty means that the federal government is merely an agent of the states, while states retain final authority over all their internal matters, even if that results in states ignoring federal law. States' rights proponents argue that state and federal governments have dual sovereignty, holding power over different realms. By contrast, according to Nationalists, the federal government can exercise its delegated powers even in areas that fall within states' jurisdiction.

The differences between these understandings became relevant most visibly during the Civil War and the Great Depression, but they have been probed continually in public policy issues of all kinds, as, for instance, the host of Supreme Court cases included in this topic page reveal.

The truth is that the essential debate between the Federalists and Anti-Federalists continues to this day. Those favoring a strong federal government, argue that policy differences between the states often create obstacles to social and economic progress. Those desiring a very limited federal government observe that localization of powers is needed to effectively protect the liberties and meet the needs of a large and diverse population, and that leaving much of the governing power to individual states provides a unique opportunity for them to experiment and discover effective solutions to societal problems.

This topic page provides an in-depth look at Federalism and States' Rights, and the debates over the meaning of the 10th Amendment. It also offers information on the application of these concepts to concrete public policy issues.

Show More

More About This Topic...

Click thumbnails below to view links

Quote Page

Commentary or Blog Post

"Across America, there is a growing restlessness and discontent toward Washington, D.C. Frustration is in the air. A recent poll found that four-out-of-five Americans don't trust Washington. Another poll found that eighty-six percent of Americans think the federal government is 'broken.'

In an effort to work toward long-term...

"Jack Balkin has an interesting post on today's two Defense of Marriage Act cases from the federal District of Massachusetts, Gill v. Office of Personnel Management, and Massachusetts v. HHS. The latter case found DOMA unconstitutional, as applied to Massachusetts, because DOMA violates the Tenth Amendment by infringing the state's traditional...

"[...]many self-described conservatives, including Republican presidential candidate John McCain, support the prosecution of people like [medical marijuana patient] Charlie Lynch, abandoning their avowed federalist principles because of blind hostility toward a plant they associate with draft-dodging, flag-burning hippies. It's not surprising, but it's shameful."...

In this opinion piece, Healy talks about recent Federalism-related developments in the Obama administration and medical marijuana legislation in the states.

"A federal district judge in California has ruled that it's unconstitutional to define marriage as a covenant between a man and a woman.

The impact of the decision, should it stand, is that it nationalizes marriage—one of many matters the 10th Amendment leaves to the people and the states. That amendment states that powers not...

This web-only op-ed from the liberal publication The American Prospect rails against Tenth-Amendment advocates, referring to the individuals as "Tenthers."

"[The 'Tenthers'] members are convinced that the 10th Amendment of the Constitution prohibits spending programs and regulations disfavored by conservatives....

"I think the Constitution is a hopeless sham, and that it's not possible to have a successful amendment process. It's not possible to fix it by amendment. It's a set of paper limits enforced and interpreted by the very state that it seeks to limit (see, on this, Hoppe and de Jasay). And if we are going to amend it there are many others I'd want–maybe a return to...

"In states around the country, there's a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment.  Already being considered in a number of state legislatures, and passed as law in Montana and Tennessee this year, the Firearms Freedom Act (FFA) is a state law that seeks to do just...

"The American Prospect, The New Republic, and other left-of-center outlets are pushing the 'Tenther' smear, aimed at lumping those who, horrors!, still take seriously the Tenth Amendment to the U.S. Constitution in with the Obama birth certificate deniers and 9/11 truthers."

"In response to an unprecedented expansion of federal power, citizens have held hundreds of 'tea party' rallies around the country, and various states are considering 'sovereignty resolutions' invoking the Constitution's Ninth and Tenth Amendments. For example, Michigan's proposal urges 'the federal government to halt its practice of imposing mandates upon the...

Rugy tackles the financial centralization of government over recent decades in this piece: "Last May the Obama administration forced South Carolina not just to take its share of federal stimulus funds, but to spend the money on new programs rather than paying down the state's debt. I was horrified. Obama, I felt, had killed fiscal federalism. Then I realized that...

"National Rifle Association Executive Vice President Wayne LaPierre recently gave a fiery speech before the NRA Annual Convention, railing against those who would shred the Constitution in the wake of the Sept. 11 terror attacks.

The Constitution, he said 'is pristine and inviolate...The Bill of Rights doesn't care about opinion...

"Last week a federal judge confounded both sides of the political spectrum by ruling that the 10th Amendment requires the federal government to recognize state-approved gay marriages. Progressives worried that U.S. District Judge Joseph Tauro's reasoning cast doubt on the constitutionality of many existing federal programs, while conservatives worried that it...

Chart or Graph

"According to data computed by the Cato Institute's Chris Edwards, in 1980 there were 434 federal grant programs for state and local governments."

This table shows, from a financial perspective, the strength of D.C. government vs state government.

"Figure 1 shows federal grant spending in constant dollars from 1960 to 2013."

Analysis Report White Paper

The Civil War often is seen as a turning point in the history of American federalism. In one sense the truth of this perception is beyond dispute. Had the South secured secession by force of arms, the Union would have been broken, the federal system disrupted.

The thesis that republicanism was only suited for small states was given its decisive eighteenth-century formulation by Montesquieu, who emphasized not only republics' need for homogeneity and virtue but also the difficulty of constraining military and executive power in large republics.

Every dollar in temporary federal grants leads to 40 cents of tax increases. Economists have long suggested the existence of a 'flypaper effect,' wherein federal money given to states prompts additional spending.

The theory behind aid to the states is that federal policymakers can design and operate programs in the national interest to efficiently solve local problems. In practice, most federal politicians are not inclined to pursue broad, national goals; they are consumed by the competitive scramble to secure subsidies for their states.

As a political principle, federalism has to do with the constitutional diffusion of power so that the constituting elements in a federal arrangement share in the processes of common policy-making and administration by right, while the activities of the common government are conducted in such a way as to maintain their respective integrities.

Stanford's Philosophy Department put together a rather comprehensive piece defining and analyzing federalism in one encyclopedia article.

I suggest that a coherent classical liberal must be generally supportive of federal political structures, because any division of authority must, necessarily, tend to limit the potential range of political coercion.

Until recently, courts have not addressed the potential conflict between jury selection rules and the possibility that a jury would be called upon to impose the federal death penalty even in states without the death penalty.

If the purpose of federalism is to compensate for worrisome tendencies toward centralization, then it is desirable that the provinces large enough to have political power be stable and entrenched and be able to engender loyalty from their citizens, such as the loyalty felt to ethnoculturally specific provinces.

Unfortunately, policymakers and courts have mainly discarded federalism in recent decades. Congress has undertaken many activities that were traditionally reserved to the states and the private sector. Grants-in-aid are a primary mechanism that the federal government has used to extend its power into state and local affairs.

This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments.

"To consider liberty in relation to the Constitution is to enter upon a subject of some ambiguity. Which Constitution are we to consider? The document has undergone dramatic shifts in its coverage and in its meaning over the course of our history.

Few have done more over the years to articulate the conservative response to liberal judicial activism than Judge Robert Bork. Writing recently in The American Spectator, he argues that courts, working reciprocally with elite opinion, have given constitutional finality to values most Americans oppose

Driven by concerns of disparate treatment and undue leniency in punishment, Congress created an independent agency, the U.S. Sentencing Commission, to formulate a new sentencing regime that would drastically limit the discretion of federal judges.

An intriguing policy report discussing the viewpoints of individualism related to its critiques, social obligations and various viewpoints on the role of the state.

Nathan addresses the role of the states, the Rockefeller lectures on federalism in the mid-1900s, and provides an analysis of where the nation stands today with regards to federalism.

"The Court's opinion in United States v. Lopez sent shock waves through official Washington, not least because Washington had simply assumed, since the era of the New Deal, that its regulatory powers were plenary."

A fundamental reexamination of the federal regulatory structure is in order. It is imperative that Congress reexamine the role of the federal government, as well as the role of criminal sanctions, in environmental law. Reform should begin with the immediate restoration of the legal rights and privileges that are enshrined in the Bill of Rights.

"Plenty of analysts can tell you how government policies differ from country to country, but surprisingly few consider such differences domestically. I find this surprising, because tax and regulatory burdens can differ substantially among the states, which in some cases have total output (and customer bases) larger than most foreign countries."

"The Tenth Amendment expresses the principle that undergirds the entire plan of the original Constitution: the national government possesses only those powers delegated to it. The Framers of the Tenth Amendment had two purposes in mind when they drafted it. The first was a necessary rule of construction. The second was to reaffirm the nature of the federal system...

As Justice Sandra O'Connor has recently observed, those who ratified the Constitution had several reasons for wishing to ensure that the states would continue to hold ultimate power on all matters other than those delegated to the federal government.

"Courts and the legal academy both generally agree that early efforts to limit the federal government to only 'expressly' delegated powers were decisively rebuffed by Chief Justice John Marshall in McCulloch v. Maryland."

The centerpiece of President Bush's crimefighting program is an initiative called Project Safe Neighborhoods. That initiative calls for the hiring of some 700 lawyers who will be dedicated to prosecuting firearm offenses, such as the unlawful possession of a gun by a drug user or a convicted felon.

Recent regulations promulgated by the Office of the Comptroller of the Currency assert a sweeping authority to preempt a broad array of state laws, including consumer protection laws, applicable not only to national banks but also to their state-chartered operating subsidiaries.

Video/Podcast/Media

"There has recently been a resurgence in support of the 10th Amendment by the 'Tenthers' in the recent wave of government expansions, especially with the recent passage of the healthcare overhaul. Roger Pilon gives a brief history of what the Constitution was originally intended to accomplish, and how that paradigm changed in the 1930s. Since the New Deal the...

"This panel will assess American federalism as a competitive institution that offers a marketplace of state regulatory regimes. With the recession impacting some states more heavily than others, it is time to ask whether interstate competition is good for the nation. Should state-by-state approaches to issues such as healthcare, financial regulation, environmental...

"Down on the boardwalk, we interview a few young Americans to find out what they know about the Constitution of the United States. Can you answer the questions? Does it matter?"

"We ask moms on the street what they know about the Constitution. Can you answer the questions? Does it matter?"

This video discusses the recently-passed Montana Firearms Freedom Act and its relevance to Federalism, States' Rights and the state's current battle to reassert sovereignty. Governor Schweitzer is featured in the interview explaining the rationale behind the legislation.

Woods gives the historical background and rationale behind the Kentucky & Virginia resolutions (in response to the Alien and Sedition Act), explaining one of the first battles for power between the state and federal governments.

"As statehouses open for the 2011 session, happy days are not here again. Rather, for most states harsh fiscal reality must be faced. Many question if the fundamental structure of American politics is broken and if this structure will continue to force states and citizens toward a downward spiral of massive, ever-increasing debt.

...

"The Mercatus Center is hosting a breakfast roundtable discussion with Dr. Russell Sobel of West Virginia University and the Mercatus Center on his recent paper, 'Do Intergovernmental Grants Create Ratchet Effects in State and Local Taxes?' This paper addresses the question of whether federal funding in a given year results in states beginning new spending programs...

In this brief video Nathan addresses the concept of Federalism, its relation to today's political parties and its relevance in modern governance.

Primary Document

In this essay, the author, most commonly believed to have been New York judge Robert Yates, provides his reasons for arguing that "a free republic cannot long subsist over a country of the great extent of these states. If then this new constitution is calculated to consolidate the thirteen states into one, as it evidently is, it ought not to be adopted."

"If any possible situation makes it a duty, it is our present important one, for in the course of sixty or ninety days you are to approve of or reject the present proceedings of your [Constitutional] Convention, which, if established, will certainly effect, in a greater or less degree, during the remainder of your lives, those privileges which you esteem dear...

Written under a nom de plume, this extensive political treatise investigates the authority of governments over their subjects and citizens. Specifically, this treatise outlines the concepts of a righteous overthrow of a governmental leader, laying down much of the theoretical groundwork for the the American Revolution. Written from the perspective of the...

"Two essays by Rousseau on the issue of war written during the mid 1750s. The first is a critique of the abbé Saint-Pierre's ideas on the prospects of a European Federation to reduce the likelihood of war. The second is his attempt to formulate a theory of just war."

In this message to Congress, Lincoln makes the case to free the slaves, proposing three constitutional amendments, which would provide for federal compensation to states that voluntary chose to abolish slavery, federal compensation to slave-holders, and federal funds to colonize American Blacks outside the United States. None of these proposed amendments were...

Calling a special session in order to acquire permission to pay for the war against the South, Lincoln lays out the reasoning behind his actions at the start of the war. He also states his case for the preservation of the Union and forcefully argues against the claim that the states have a right to secession.

"It is proposed that humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said colonies, within and under which government each colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter...

This economic classic is noted for providing us with terms for and expositions of such key economic ideas as the division of labor, "invisible hand," self-interest as a beneficial force, and freedom of trade.

In this famous philosophical treatise, Immanuel Kant defines "Enlightenment" as the ability to think for yourself. Politically speaking, Kant argues that governments should allow their citizens much more freedom, such as the ability to freely speak their minds in the public forum without fear of reprisal and the ability to freely choose or ignore the practices and...

Transcript of the Bill of Rights to the Constitution.

This treatise, written in the early 19th century by Supreme Court Justice Joseph Story, outlines his views on the Tenth Amendment. He viewed the Tenth Amendment as the capstone of the Constitution and the Bill of Rights, claiming that "This amendment is a mere affirmation of what, upon any just reasoning, is a necessary rule of interpreting the constitution."

"We may summarize our view of constitutional government by saying that its ultimate and essential objects are:

1st. To bring the active and planning will of each part of the government into accord with the prevailing popular thought and need, in order that government may be the impartial instrument of a symmetrical national...

"The right to complete freedom in the utterance of political opinions has been so long a fundamental principle in the United States that probably few Americans will recall the fact that exactly a hundred years ago the controversy which eventuated in the complete triumph of that principle raged all over the Union. The Virginia and Kentucky...

Tocqueville's famous analysis of the American economic and political system, as he observed during his travels of the country in the 1830s.

Dred Scott was a slave who, because his owner had moved him to a free state for a period of time, sued for his freedom. The Court held that slaves were not citizens of the United States and therefore not entitled to constitutional protections. And since slaves were considered property, the Court held that their owners could not be deprived of them without due...

This document, written by an anonymous author, outlines his view regarding the separation of powers between the state and national governments. He believes that it is best for the framers of the Constitution to fully enumerate the powers of both the state and federal governments, instead of enumerating one and then being silent on the reserved rights of the other...

Writing under the pseudonym "Publius" James Madison discusses the relationship between the federal and state governments, concluding that "the powers proposed to be lodged in the federal government are as little formidable to those reserved to the individual States, as they are indispensably necessary to accomplish the purposes...

In this speech, FDR discusses Jefferson's philosophy in connection with idea that the "purpose of Government [is] based on a universality of interest." As examples of the execution of such a purpose, Roosevelt argues for the proper regulation of public utilities in order to keep prices down and ensure equal access, as well as the establishment of a tariff system...

This case overruled a previous Supreme Court case (National League of Cities v. Usery, 1976), saying that the Tenth Amendment does not impede Congress' authority to regulate employment conditions and practices in state governments. Justice Blackmun writes that the Fair Labor Standards Act, when applied to state government employees, is not in...

This Supreme Court case deals with how the Commerce Clause gives the federal government the right to criminalize the growing and personal usage of marijuana, even when these actions are in accordance to state law. 

California's Compassionate Use Act allows people to use limited amounts of marijuana for strictly medicinal...

This case brought before the Court the question of whether it is "within the authority of Congress in regulating commerce among the States to prohibit the transportation in interstate commerce of manufactured goods, the product of a factory in which, within thirty days prior to their removal therefrom, children under the age of fourteen have been employed or...

In this treatise, 18th century philosopher David Hume writes about his notion of a perfect system of government. His idea of government was very much federalist in nature, based in the rule of law with limited governmental powers.

"The Hart-Cellar Act abolished the national origins quota system that had structured American immigration policy since the 1920s, replacing it with a preference system that focused on immigrants' skills and family relationships with citizens or residents of the U.S. Numerical restrictions on visas were set at 170,000 per year, not including immediate relatives of U...

In this document, the fifth president of the United States, James Monroe, outlines his views on the concept of enumerated powers. He believed that the powers given to the federal government "are enumerated and defined in the most precise form."

This document from the Constitution Ratification Covention shows James Wilson's view regarding the line of demarcation between federal and state authority. In Wilson's view, a blurred line of authority is not necessarily a bad thing, as he believes state and federal governments will be able to act and behave not as "enemies of each other" but rather in harmony, "...

Jefferson argues against the creation of a national bank on the grounds that it is not one of the delegated powers given to Congress under the Constitution.

"Memorandum from the President to: Secretary of Defense, Acting Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health, Education, and Welfare, Secretary of Housing and Urban Development, Director, Office of Economic Opportunity, Director, Office of Emergency Planning.
SUBJECT:...

This case addressed the Fair Labor Standards Act. The dissent, written by Justice William Douglas, explains why the Fair Labor Standards Act cannot be constitutionally applied to the employees of State governments, as such a law is in clear violation of the Tenth Amendment.

This Supreme Court case is considered a landmark case on the issue of federalism. The decision held that the authority of the federal government is expressly enumerated in the Constitution, and that the implied powers of the federal government override the reserved rights of the states. According to Chief Justice Marshall, the Necessary and Proper clause implies...

The U.S. Supreme Court's highly anticipated decision which upheld the Affordable Care Act.

In this case, the U.S. Supreme Court ruled in a 5-4 decision that the Fair Labor Standards Act could not be applied to state governments.

The Fair Labor Standards Act regulates employees working hours, overtime pay, etc. Justice Rehnquist wrote that the Constitution did not grant Congress the ability to control the working...

Lord Action presciently analyzes the dangers inherent in the "modern" concept of nationality. By making "the State and the nation commensurate with each other in theory, it reduces practically to a subject condition all other nationalities that may be within the boundary. ...According, therefore, to the degree of humanity and civilisation in that dominant...

During the wars of the French Revolution Kant was inspired by the Treaty of Basel to contemplate how both self-interest and international cooperation might bring an end to war. This edition is interesting because it was published during World War One."

This case decision, written by Associate Justice Antonin Scalia, ruled that certain aspects of the Brady Handgun Violence Prevention Act are unconstitutional. Scalia argued that the supporters of the Brady Act misinterpreted the Tenth Amendment and the Necessary and Proper clause of the Constitution, as the Brady Act "violates the principle of State Sovereignty" in...

In this work, English philosopher John Stuart Mill argues his views regarding the morality and practicality of government systems, concluding that a representative government is the best form of government.

With this executive order, Reagan sought to "restore the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution and to ensure that the principles of federalism established by the Framers guide the Executive departments and agencies in the formulation and implementation of...

This decision by the Court upheld a federal law that deprived states with a drinking age of less than 21 years of 5 percent of their federal highway funds: "Even if Congress, in view of the Twenty-first Amendment, might lack the power to impose directly a national minimum drinking age (a question not decided here), § 158's indirect encouragement of state action to obtain uniformity in the...

This primary document provides you with St. George Tucker's legal commentaries regarding the separation of powers between the federal and state governments. Tucker believed that while the federal government was indeed granted some powers via the Constitution, he believed that the states themselves are sovereign in their rights and indeed could dissolve the union if...

This page, provided by the Cornell University Law School, contains a relatively in-depth legal discussion regarding the Tenth Amendment. This page is an excellent source for the legal history and background of the Tenth Amendment, as well as a primer for the current debate today.

After the Pennsylvania Convention ratified the new constitution on December 12, 1787, by a vote of 46 to 23, twenty-one members of the minority signed a dissenting address that appeared in the Pennsylvania Packet and Daily Advertiser....

This document provides unique insight into American constitutional views in the 19th century, having fully eliminated the "General Welfare" Clause and any language referring to "General Welfare." Many anti-federalists and especially those in the south believed that the "ticking-time-bomb" of the Clause would eventually lead to further infringements by the federal...

"In a word, the people and the states no longer trust Washington...because Washington has assumed a vast array of regulatory and redistributive powers that were never its to assume--not, that is, if we take the Constitution seriously."

"HAVING shown that no one of the powers transferred to the federal government is unnecessary or improper, the next question to be considered is, whether the whole mass of them will be dangerous to the portion of authority left in the several States."

"The Federalist Papers were a series of articles written under the pen name of Publius by Alexander Hamilton, James Madison, and John Jay. Madison, widely recognized as the Father of the Constitution, would later go on to become President of the United States. Jay would become the first Chief Justice of the US...

The Kentucky Resolutions, passed by the Kentucky Legislature in 1799, asserted that the U.S. Constitution was a "compact" between the states which sought to preserve state sovereignty from federal encroachment.

Montesquieu was a significant advocate of separation of powers between executive, legislative, and judicial branches, and his discussion of law contributed significantly to the concept of rule of law.

The Constitution of the United States established the federal governmental system currently in place with three branches of government. The premise of executive privilege developed from the separation of powers clause.

The dissent of this case, written by Associate Justice Clarence Thomas, argues against the Majority ruling that the States cannot legislate additional prerequisites for their representatives in Congress beyond what is set down in the Constitution.

Justice Thomas argues that because the Constitution is silent on the...

The first written constitution of the United States of America. They maintained state sovereignty, yet unified the colonies into a single nation.

"In Butler, the Court struck down the Agricultural Adjustment Act, which taxed processors in order to pay farmers to reduce production. Although invalidating the statute, the Court adopted the Hamiltonian view (almost in passing) that the General Welfare Clause is a separate grant of congressional authority, linked to and qualified by the spending power...

This is considered a landmark case as it was the first time since the New Deal that federal legislation claiming authority under the commerce clause was overturned. 

Chief Justice William Rehnquist wrote the majority opinion for this case, declaring that the Gun-Free School Zones Act of 1990 was unconstitutional because...

Chief Justice Rehnquist delivered the majority opinion in this case, ruling that the Violence Against Women Act of 1994 was unconstitutional. This law gave victims of gender-motivated crimes the right to sue for damages in federal court. In this instance, the court ruled that the Commerce Clause and Fourteenth Amendment did not give Congress the authority to enact...

This case involved the contest of a charge of "unlawful transportation and possession of intoxicating liquors in violation of section 3 of title 2 of the National Prohibition Act." A lower court had granted the defendants' claim that the "Eighteenth Amendment by authority of which the [National Prohibition Act] was enacted has not been ratified so as to become part...

Books

Link

Engage

Click thumbnails below to view links

Online

Become a fan of Intellectual Takeout on Facebook!
Share Intellectual Takeout with friends, family, and colleagues on Facebook and Twitter!
To: The President and the Congress of the United States of America Whereas: Congress, the Department of the Treasury, and the Executive Branch have increased the United States’ national debt to over $14 trillion by 2011. Whereas: The national debt doubled in less than ten years and is expected to double again in the next ten years. Whereas: Each American’s share of the national debt is $45,684,...
At Intellectual Takeout, we think it's about time freedom went viral. Before our generation is the opportunity to embrace freedom, to unleash each individual's potential, and to have a prosperous future. And yet it seems that almost everyone running our cities, states, and federal government is intent on destroying freedom and burying us in debt to pay for it. If you, like us, believe that...
Education history in America is important to know. ITO traces how education has changed from the colonial period to present day America.
  While it may seem like a distant problem, the reality is that until each one of us makes the debt an issue, the folks in D.C. aren’t going to deal with it. The only way they will deal with the debt is if the American people make it an issue. And that’s why it’s critical that you spread the word about how serious dealing with the debt is for your future, your friends’ futures, your family’...
Okay, so your friends and family keep telling you to jump on the social media bandwagon, but you have no idea what the fuzz is about. Here’s the deal: The Internet gives liberty-loving folk like us an opportunity we have never had before: to make the case for individual liberty, limited government and free market economics instantly and globally. But with the vast amounts of information...

Offline

Know your rights with Flex Your Rights guide to the "10 Rules for Dealing with Police."
Looking for an internship? If so, Intellectual Takeout has an opportunity for you. We have plenty of work to do as well as ideas to spread, and we need your help to get it done. If you're interested in an internship with Intellectual Takeout, you likely share our passion and you're excited about the possibility of working for a great cause. That said, you might have a few questions about what "...
Curiously, not a few individuals are realizing that their education (K-12 and even college) neglected to provide them with as much understanding of the world as they would like. At Intellectual Takeout, we believe that however you feel about your education, there is still much to be learned. To that end, we'd like to refer you to one book and a collection of "study guides" that serve as...
Let's face it, most of us love to watch TV and movies. A wonderful way to spread ideas is to embrace our love of the cinema by hosting a movie night with friends and family.  There are numerous documentaries that do a fantastic job of sharing the ideas of liberty. You can pull a small group of friends together at your house or even consider asking a local restaurant or tavern to let you...
Are you concerned your child isn't getting the education necessary to compete in the global economy or even, perhaps, to carry on the lessons and learning of Western Civilization? If so, you have a number of choices. You could, of course, consider changing schools to a charter school, private school, or even homeschooling. If that's overwhelming for you right now, you can always supplement your...
Sure, the idea of homeschooling is likely overwhelming. Indeed, homeschooling is a big commitment and a lot of work. That said, there's a reason why more and more parents are turning to homeschooling as the best option for their child(ren)'s education(s). Perhaps you are starting to realize that the public school system has changed a lot since you last attended it. Maybe you can't afford private...
How often do you hear conservatives being called a bunch of knuckle-dragging Neanderthals? Here's the reality: Conservatism, classical liberalism, and libertarianism have a rich, intellectual heritage reaching back many millennia. Our ideas are not just some historical relics from bygone eras; they are the very foundation of Western Civilization in general, amd the United States in particular....
Sadly (or happily for some), life goes on after college. So does the fight for freedom. Building friendships, networking, and growing the movement is critical after college. If our ideas are to be preserved and promoted, you need to stay involved. Plus, in a time when the individual seems to be ever more isolated and adrift, these groups can help plug you into social networks you can use....
Okay, so we don't expect you to drive a wooden stake into your flat screen. Plus, we're total hypocrites since we watch some TV. But here's the point: People waste a ton of time watching TV. If you're cool with government taking over your future, than keep watching Dancing with the Stars. If you consider yourself to be a free man or woman and want to live in a free society, then watch what you...
A great way to make a difference on your campus by spreading the ideas of individual rights, limited government, and free markets is to tutor. Plus, you can occasionally make a little bit of money. Depending on the subject matter, you will be discussing a variety of ideas, key thinkers, and theories. As anyone who has tutored knows, there are almost always opportunities to expand upon a topic....
In a highly regulated society such as ours, it's very easy to get yourself in trouble with the law. Learn more about how to protect yourself with the 5th Amendment and how to interact with the police.
The Association of American Educators (AAE) advances the teaching profession through personal growth, professional development, teacher advocacy and protection, as well as promoting excellence in education so that our members receive the respect, recognition and reward they deserve.

On Campus

We've built Intellectual Takeout to provide you with quick, easy access to information. In time, we hope to become your one-stop-shop for the ideas of freedom. If your professor allows you to bring your laptop to class (if not, you can use an iPhone), we recommend keeping a tab open to Intellectual Takeout. As we continue to generate new content on the site, you will be able to fact check the...
When it comes to campus life injustices, student fees rank high on any list. On most campuses across the country a mandatory student fee is assessed to each student at the beginning of the year. A portion of this fee, which may be several hundred dollars, will go toward funding various political, religious, and interest groups.  A college requiring you to support groups espousing ideas which...
If you're not happy with the direction of the country and you want to take back your future, at some point you will have to do something. It's not enough to just know that we're going in the wrong direction. You actually have to step out and get involved. Most college campuses have conservative and libertarian student groups. Find one of them to join. Below is a list of some of the larger non-...
Now that you're at college and the initial excitement has worn off, maybe you're thinking that the course selection is a bit biased and you'd like some options. So how do you (the consumer) get the college (the business) to change up its offerings? It certainly won't be easy. Nevertheless it's something that should be done--particularly since you're footing the bill. A good, education in a free...
Whatever activism you choose to do on campus, you need to get your story out. A popular tactic used by the Left is to isolate and intimidate freedom-loving students. You're not alone and there are a lot of people in your city, state, and country that can probably support your efforts. They just need to know what is happening. Whenever you can, record in-class bias, discrimination against...
The reality is that most students (and people for that matter) won't speak out. It's called human nature and it was recognized in the Declaration of Independence: "...all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed." While you might feel alone when debating a teacher,...
In the land of the free and the home of the brave, speech codes are a particularly odious example of politically correct repression on many a college campus. In some ways, college campuses are the least free places for thinking and speech in America. Your best friend for fighting your school's repressive speech codes is the Foundation for Individual Rights in Education (FIRE). Here's a short clip...
Running for office isn't easy, even in college. Not everyone is cut out for it, either. For those of you who are, this completely non-partisan section is for you. If you are inclined to pursue student government, we're not going to spend time on telling you how to get elected. A good place to go for ideas and training is CampusReform.org. Rather, we want to help you in office, as a believer in...

Related Content