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Farming, freedom & 10th Amendment

Jennifer Fielder | Hagadone News Network | UPDATED 9 years, 9 months AGO
by Jennifer Fielder
| April 9, 2015 7:00 PM

Last month people and producers from across Montana celebrated National Agriculture Day at the State Capitol. As part of the festivities, Montana Agri-Women saw fit to honor me with the 2015 “Keeper of the Tenth” award. So what does the 10th Amendment have to do with farming and ranching?

Montana’s number one industry — agriculture — includes 27,000 farms and ranches which support tens of thousands of great jobs in Montana while producing food and other useful commodities for millions of people worldwide. That truly is something to celebrate.

In opening remarks, Agri-Women President Kellie Kittelmann stated, “The idea conceived by our founders and adopted into the U.S. Constitution to allow the states the right to administer rules and regulations of property close to home is vital to Montana agriculture. State governance is important to maintain local input and accountability which is not feasible nor accessible from far away bureaucrats in Washington, D.C.”

Ms. Kittelmann continued by citing the 10th Amendment of the U.S. Constitution which 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.”

As she presented the award, Ms. Kittelmann concluded, “It is not easy being at the forefront. Being there leaves a person in a vulnerable position for ambush. Sen. Fielder has provided leadership and direction for agriculture in Helena and specifically for states’ rights. Her determination and wisdom have put her at the head of the pack, and she has remained steady and brave. Congratulations to you, Sen. Fielder. Please accept this award with our sincere appreciation.”

This award from the agricultural community was totally unexpected but very much appreciated. I believe upholding the law of the 10th Amendment, and the entire U.S. Constitution, is not only beneficial to agriculture, but these fundamental principles of liberty and self-government are beneficial to all mankind.

Unfortunately, the Constitution’s meaning sometimes gets lost in the shuffle. For example, Article VI, Clause 2, commonly referred to as “The Supremacy Clause,” reads: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof… shall be the supreme Law of the Land.”

Because it is called the Supremacy Clause (a nickname), some people mistakenly jump to the conclusion that this means all federal laws are supreme to all state laws. But inclusion of the term “in Pursuance thereof” within this clause, ensures all federal laws must be in pursuance of the Constitution, i.e. in accomplishing or carrying out the Constitution. Courts have repeatedly ruled that federal laws do have limits and that any laws contrary to the Constitution are invalid.

Besides, if it were true that the federal government can do whatever it wants, then what are the powers “not delegated to the United States”? And which powers “are reserved to the states”? Remember the 10th Amendment says, “The powers not delegated to the United States by the Constitution… are reserved to the States respectively, or to the people.”

During the First Congress in 1789, James Madison (father of the Constitution) said: “The State Legislatures will jealously and closely watch the operations of this [federal] Government and be able to resist with more effect every assumption of power, than any other power on earth can do; and the greatest opponents to [establishing] a federal government admit the State Legislatures to be the sure guardians of the people’s Liberty.”

All public officials have an imperative responsibility to recognize and uphold the constitutional boundary between state and federal jurisdiction. Every word of the Constitution is significant, otherwise it would not have been included.

The “Keeper of the Tenth” award now sits in my office as a reminder of Agri-Women and everyone — including several excellent colleagues, supporters, and all lovers of liberty — who share a steadfast commitment to constitutional principles that enhance the lives, livelihoods, and freedoms of all Americans. Several of my colleagues already qualify, but I hope one day every state legislator can be known as a sure guardian of the people’s liberty.

God bless you, God bless America, and God bless the Montana way of life we love! 


Jennifer Fielder, a Thompson Falls Republican, represents District 7 in the Montana Senate, including southwestern Flathead County.

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