“It doesn’t matter who’s in charge , federal power always grows.”
NULLIFY! —> http://bit.ly/18XcVan “
” Idaho may soon become the latest state to stand up to the Obama administration’s attempt to infringe on the right to keep and bear arms.
Earlier this week, the state House of Representatives approved a pro-gun-rights bill already passed by the state Senate. The measure now awaits action by Governor Butch Otter.
The published purpose of SB 1332, the Idaho Federal Firearm, Magazine and Register Ban Enforcement Act, makes clear the intent of state lawmakers:
This legislation is to protect Idaho law enforcement officers from being directed, through federal orders, laws, rules, or regulations enacted or promulgated on or after January 1, 2014, to violate their oath of office and Idaho citizens’ rights under the Idaho Constitution, Article 1, Section 11. This Constitutional provision disallows confiscation of firearms except those actually used in commission of a felony, and disallows other restrictions on a lawful citizen’s right to own firearms and ammunition.” “
Read more at Oath Keepers
” The campaign to stop federal violations of the Second Amendment at the state and local level got two big boosts late last week with the introduction of the Second Amendment Preservation Act in Arizona and an important endorsement for a similar bill pending in Florida.
Along with eight other sponsors, Arizona state Senator Kelli Ward introduced the Second Amendment Preservation Act in the Grand Canyon State. SB1294 prohibits the state from enforcing “any federal act, law, order, rule or regulation that relates to a personal firearm, firearm accessory or ammunition within the limits of this state.”
“ We’ve sat back and allowed the federal government to trample the Constitution long enough,” Ward said. “We’re going to pass this bill and stop the state of Arizona from helping the feds violate your rights.”
The legislation rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot “commandeer” or coerce states into implementing or enforcing federal acts or regulations – constitutional or not. The anti-commandeering doctrine rests primarily on four Supreme Court cases dating back to 1842. The 1997 case, Printz v. US, serves as the modern cornerstone.”
” If you live in Arizona: take action to support SB1294 HERE.
If you live in Florida: take action to support HB733 HERE.
All other other states: take action to get your state on board, and protect the 2nd Amendment HERE. “
For more on the state’s efforts to rein in rampant Federal overreach check out the links below . There are movements and proposed legislation in nearly two dozen states in the works as of this writing with the express goal of reasserting our founding principles of State’s rights , limited government and strict adherence to our Constitution .
” The Florida legislature will consider a bill that would prohibit any state agency from cooperating with enforcement of any federal gun laws – past, present or future.
Rep. Dan Eagle (R-Cape Coral) introduced HB733 on Monday. The Second Amendment Preservation Act declares that no agent of the state or its political subdivisions may participate with or assist federal agents in the enforcement of federal firearms laws, or provide material support of any kind to federal agents in the enforcement of these laws. State agents and/or contractors who knowingly participate in or provide support for the enforcement of federal firearms laws would be subject to dismissal.
“ The Tenth Amendment to the United States Constitution expressly provides that all powers not delegated to the federal government are reserved to the states. Time and time again, Florida has proven that we have the best solutions to our own issues, whether it be healthcare, education, or our balanced budget, which is accomplished without raising taxes. When it comes to protecting our fundamental Second Amendment rights guaranteed by the Constitution, I believe it is best left to be handled by Floridians for Floridians,” Eagle said.
In Florida, take action to support HB733 HERE
All other states, take action to get your state on board, and protect the 2nd Amendment HERE “
“If a law is unjust, a man is not only right to disobey it, he is obligated to do so.”
” Increasingly, and openly, ordinary Americans are committing a legal act that some police nonetheless regard as among the most heinous of all offenses: it’s called contempt of cop.
It’s otherwise known as asserting your constitutional rights.
Citizens, feeling empowered, are pointing smartphones, rather than just an accusing finger, at abusive authorities.
Civil libertarians with hidden cameras are challenging the so-called “suspicion-less” roadblocks that police set up to catch lawbreakers. Motorists and others are fighting back in the courts and online against police shakedown rackets on U.S. highways and elsewhere.
Everywhere, it seems, Americans are openly challenging arbitrary behaviour by those in authority.
Furthermore, they are winning. Not since the late 1960s have those in authority, from heavy-handed cops to the federal operatives sifting metadata in super-secret intelligence installations, been exposed to so much disinfecting sunlight. “
” Writing for the Tenth Amendment Center, a person finds oneself spending a lot of time and pixels defending the concept of nullification. These defenses generally take the form of answers to two questions. Is nullification a legally valid concept? Is nullification a good idea? The arguments about whether or not nullification is a good idea can often be split into whether it’s a good idea from a practical sense, and whether it’s a good idea from the philosophical sense.
In this essay, I will address all of those questions. First, using a single argument, which I believe is conclusive, I will demonstrate that nullification is, indisputably, a valid legal concept under our political system. Having accomplished that, I will next show that under our foundational principles, nullification is a philosophical necessity. Finally, I will advance an argument that the use of nullification will lead to an overall healthier society.
Nullification is how the states can increase anti-fragility in our political and economic systems. Washington wants to increase its own ability to thrive from the unexpected by diminishing ours. The states can, and should, use nullification to resist that tendency, force decentralization, and decrease our political system’s exposure to catastrophic harm. Eventually, this country will be exposed to an existential crisis, a black swan – as Taleb terms it. Maybe in our lifetimes, maybe in our children’s or grandchildren’s. Exactly when it will happen, no one knows, but it will happen. When it happens, antifragility will determine the survivors. If we do nothing to decrease fragility in our political and economic systems, we are in grave danger. Nullification is the most effective tool to decentralize powers which have been usurped by a recalcitrant federal government. “
” As reported by Nick Hankoff at the California Tenth Amendment Center today, AB351, the California Liberty Preservation Act has been signed into law by Governor Jerry Brown:
Assembly Bill 351, commonly called the California Liberty Preservation Act, has been signed into law by Governor Jerry Brown making it statewide policy to refuse compliance with federal attempts to enforce “indefinite detention” made famous by the National Defense Authorization Act of 2012 (NDAA). What began as a marginal issue with little legislative support has unified Californians of all persuasions and brought attention to the proper role the people and their states play in a constitutional republic.
AB351 now makes it state policy to reject “indefinite detention” powers from the federal government. It reads, in part:
It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California. [emphasis added]
This language of AB351 goes far beyond what has been considered in most other states, which focus solely on indefinite detention powers under the 2012 National Defense Authorization Act (NDAA), and nothing else. Donnelly’s legislation broadened the scope by recognizing that indefinite detention should not be complied with no matter what federal law is used to justify it. Donnelly confirmed this broad scope, “AB351 will prevent California from implementing indefinite detention for any reason.”
This can make a HUGE dent in any federal effort to detain without due process in California. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). Quite simply, the federal government is going to have an extremely difficult time – at best – carrying out indefinite detention in California without the assistance of California.”
” The battle over Missouri Nullification via the 2nd Amendment Preservation Act underscores just how deeply the federal government has dug its claws into affairs of the states.
If passed into law, HB436 would nullify all federal acts violating the Second Amendment. Gov. Jay Nixon vetoed the bill after it overwhelmingly passed both houses of the Missouri legislature. Lawmakers will consider overriding the veto as early as Sept. 11. (ACTION ITEMS TO OVERRIDE VETO BELOW)
Nullification opponents have ratcheted up pressure over the last few weeks, trotting out federal supremacists in academia and the media to parrot the predictable fallacious arguments asserting the “supremacy clause” grants the federal government unconditional authority to do whatever it wants.”
” Infuriated by what they see as the long arm of Washington reaching into their business, states are increasingly telling the feds: Keep out!
Bills that would negate a variety of federal laws have popped up this year in the vast majority of states – with the amount of anti-federal legislation sharply on the rise during the Obama administration, according to experts.
The “nullification” trend in recent years has largely focused on three areas: gun control; health care; and national standards for driver’s licenses. It’s touched off fierce fights within the states, and between the states and the feds, as well as raising questions and court battles about whether any of it is legal.”
” An Associated Press analysis found that about four-fifths of the states now have enacted local laws that directly reject or ignore federal laws on marijuana use, gun control, health insurance requirements and identification standards for driver’s licenses. The recent trend began in Democratic leaning California with a 1996 medical marijuana law and has proliferated lately in Republican strongholds like Kansas, where Gov. Sam Brownback this spring became the first to sign a measure threatening felony charges against federal agents who enforce certain firearms laws in his state.
“The states created this federal monster, and so it’s time for the states to get their monster on a leash,” said Marbut, president of the Montana Shooting Sports Association.
The Supreme Court ruled in 1997 that local police could not be compelled to carry out provisions of a federal gun control law. But some states are now attempting to take that a step further by asserting that certain federal laws can’t even be enforced by federal authorities.
Yet states may never need to prosecute federal agents in order to make their point.
If enough states resist, “it’s going to be very difficult for the federal government to force their laws down our throats,” Boldin said.”
” Support for decentralizing power and rolling back overreaching federal acts continues to gain traction within the “mainstream” political establishment. Even some who generally support the DC-centric system seem to be recognizing that the federal government has completely torn itself away from the constitutional moorings meant to limit its power.
Friedman’s Huffington Post article stands out in its consistent application of constitutional principle across the political aisle. The NYU professor grasps what eludes many American partisans: if the feds can control marijuana, they can control weed – and vice versa. And maybe they shouldn’t exercise quite so much control.
Friedman opens his article outlining the recent Kansas law nullifying federal gun acts, specifically provisions involving firearms manufactured and remaining within the state. He even includes the obligatory misapplication of the supremacy clause. But then, he suddenly goes all “tenther” on us.
Still, Kansas may be on to something. As the brewing collision of federal and state marijuana laws makes clear, there has to be some room for the states to have a say in what goods their citizens can possess and use. Eighteen states have legalized marijuana for medical purposes, and Washington and Colorado just did so even for recreational use. The problem is, what Colorado allows, federal law prohibits. Can the states opt-out from the federal laws?
But Friedman proposes a solution that illustrates the root of the problem: allowing the federal government to determine the extent of its own power.”
” The state of Texas continues to fight back hard against federal intrusions, especially in the area of gun control as President Obama and some Washington lawmakers push for new laws infringing upon the Second Amendment’s right of Americans to keep and bear arms.
Gun rights advocates in the state have applauded the measure, saying it would serve as a bulwark against future erosions of the Second Amendment within Texas. What’s more, many are pointing to recent comments by Fox News legal analyst and contributor Judge Andrew Napolitano that such widespread noncompliance with new federal gun control statutes would make them “nearly impossible to enforce.”
Tenther News 05-12-13: Two More Nullification Bills Awaiting Signature
Published on May 12, 2013
” This week’s episode is made possible in part by the Tenth Amendment Center membership program. Proudly wear the Tenther label with pride and become a card-carrying member of the TAC. Get all the details at http://members.tenthamendmentcenter.com
In Colorado, the State Senate last week voted to concur with the House on SB13-241, the Hemp Freedom Act. If the bill becomes law, Colorado will nullify unconstitutional federal laws and regulations which ban farmers from growing hemp. Currently, the United States is the world’s largest importer of Hemp (with China and Canada the top two exporters in the world), and the Colorado legislature wants their citizens to be allowed to participate and profit in this market.
The federal government has no constitutional authority to ban the production of this industrial plant, but has persisted in preventing its domestic production. The result? Products with hemp that are readily available at your local grocery store must be imported from another country — resulting in higher costs for you and fewer farming jobs in America.
The United States is the only developed nation that fails to cultivate industrial hemp as an economic crop, according to the Congressional Resource Service. Recent congressional research indicates that the hemp market consists of over 25,000 various products. The same research found that America imports over $400 million worth of hemp from other countries. At this time of economic difficulty, 13-241 would not only expand freedom and support the Constitution, it would also be a great jobs bill. It now goes to the Governor’s desk for a signature
Get model legislation, the Hemp Freedom Act, for introduction in your area at tracking.tenthamendmentcenter.com/hemp
In Missouri, the State House voted to send Governor Jay Nixon what could arguably be the strongest defense against federal gun control measures in American history. The vote was 116-38. HB436, introduced by Representative Doug Funderburk in February, was initially passed by the House in April by a vote of 115-42. The State Senate approved the bill with an amendment which did not change any of its nullification aspects. The vote there was 26-6. The bill then needed one final vote in the house which happened late last week.
The votes in both the House and Senate are by a strong veto-proof majority. Governor Jay Nixon can sign the bill into law, let it become law without signing or have his veto overridden by the legislature. In all three situations, the bill would become law by July 1st, 2013.
As law, HB436 would nullify virtually every federal gun control measure on the books — or planned for the future. It reads, in part: “
READ THE REST HERE:
” The South Carolina state House passed a bill Wednesday that declares President Obama’s Patient Protection and Affordable Care Act to be “null and void,” and criminalizes its implementation.
The state’s Freedom of Health Care Protection Act intends to “prohibit certain individuals from enforcing or attempting to enforce such unconstitutional laws; and to establish criminal penalties and civil liability for violating this article.”
” In a May 2 column [Alabama State Senate Embraces Crackpot, Antebellum Legal Theory], Robert Schlesinger relegated the idea of nullification to the historical trash heap. But if James Madison and Thomas Jefferson strolled down the streets of D.C. today, listening to current political discourse, they’d likely declare conventional wisdom holding the federal government supreme in all it does a “crackpot post-antebellum legal theory.”
Even Alexander Hamilton would undoubtedly express shock. After all, he was one of the first Constitution defenders to point out the limits of federal supremacy in Federalist 33.
Thirteen independent sovereign political societies came together to form the United States, delegating specific powers to a general government. Both supporters and opponents of the Constitution agreed the new government was to remain limited. The ratification debate revolved around one question: Would the Constitution create the limited government intended?
When anti-federalists insisted the government wouldn’t remain constrained, Madison countered that the states would serve as a check. In Federalist 46, he wrote that state “refusal to cooperate with officers of the Union” and “legislative devices, which would often be added on such occasions” would serve to “present obstructions.”
” Kansas Governor Sam Brownback received a letter today from Attorney General Eric Holder threatening action against the state should it enforce SB102, the pro 2nd Amendment law Brownback signed into law last month.
The new law declares that the federal government has no power to regulate guns manufactured, sold and kept only in Kansas.
Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas.
The legislation made it a felony for a federal agent to enforce any law, regulation, order or treaty regulating ammunition made, sold and kept in the state because the federal government does not “interstate commerce” authority over such items.
The law became effective only a week ago, but already Holder has leapt into action, firing off a letter to the governor of Kansas threatening to take “all appropriate action including litigation if necessary” to prevent the state of Kansas from protecting the 2nd Amendment. (Amazing for a guy who didn’t even know about his own department’s gun-running operation, Fast and Furious until months after a border patrol agent was killed by one of its guns.) But when a state passes a law he doesn’t like - this Attorney General is FAST!“
” The bill, which passed with a 115-41 vote, does several key things to protect resident’s gun rights. First, it bans the enforcement of federal gun control regulations within the state’s lines. Second, the bill allows for certain school officials to be armed, provided they have a valid permit and register with the Department of Public Safety. It also allows for the open carry of small firearms, less than 16 inches long. Additionally, the bill drops the legal age requirement to apply for a concealed carry permit from 21 to 19, while still requiring a background check and completion of a firearms safety course. The bill prohibits health professionals from being required to ask people about firearm ownership or documenting that information in medical records. Lastly, the bill makes it illegal to publish any personal information about gun owners or those applying for a concealed carry permit.
Currently there are a total of 24 pieces of gun legislation in the Missouri House, most of which focus on loosening gun restrictions rather than making them tighter. One piece that’s sponsored by a St. Louis republican would make it a felony for lawmakers to propose gun control bills.”
” Our own Ignorance is destroying us. Mark Twain wrote in his autobiography:
“In religion and politics people’s beliefs and convictions are in almost every case gotten at second-hand, and without examination, from authorities who have not themselves examined the questions at issue but have taken them at second-hand from other non-examiners, whose opinions about them were not worth a brass farthing.”
That is what has been going on in our Country for a very long time. Our “intellectuals” can’t think; our “scholars” parrot each other; the self-educated fixate on idiotic theories; no one studies original source writings; and The People jump on every bandwagon that rolls by.
In order to write intelligently on our Constitution, one needs to have studied and understood the original source writings of our Framers. No matter what your educational level, if you don’t know what is in our Declaration of Independence and federal Constitution; and if you are not familiar from personal study with The Federalist Papers, The Kentucky and Virginia Resolutions of 1798, Madison’s Report on the Virginia Resolutions (1799-1800), and Madison’s Notes on Nullification (1834), among other original source writings, then you have no business writing about these issues. “
” Published on Mar 19, 2013
Last week Colorado Sheriff John Cooke told reporters he would not enforce the new Democratic gun control laws.
Tonight Sheriff Cooke was on with Greta Van Susteren to discuss his comments.
“It’s an infringement of our rights. It’s not just the US Constitution but our state constitution… Plus, they are knee-jerk reactions, feel good bills to a tragedy and they’re not going to do anything for public safety and law enforcement. They are totally unenforceable… People down at the capitol, and I’m assuming the governor, are not happy with me for taking this stance. I believe there are a large number of sheriffs that are standing with me… I know there are several sheriffs that are going to do the same things I am and are not going to enforce these bills… There is absolutely no doubt in my mind I am not going to enforce these laws.” “
” Last week in Southwest Utah, the Iron County Board of Commissioners voted unanimously in passing an Iron County 2nd Amendment Protection Resolution. This is the second Resolution passed in the county, the first being the Cedar City 2nd Amendment Resolution passed by the City Council in February.
The Resolution makes it clear that the county does not recognize any federal acts, laws, orders, rules, executive orders, or regulations that violate the 2nd Amendment of the US Constitution. It also requires the sheriff to take a stand to protect the right to keep and bear arms. It reads, in part:
“it shall be the duty of the Sheriff of Iron County to take all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.”
Iron County Sheriff Mark Gower is fully on board with the resolution. He said, “I will not allow anyone to come into this county and violate the Constitutions of the United States or Utah. If I have to stand in the street and stop that from happening I would do it.” He further said, “I have refused to sign any agreements or contracts with Homeland Security or any other federal department and no one can come in and preempt the local control of our law enforcement. The US Constitution will not be violated on my watch.”
In Maine, the town of Millinocket also passed a 2nd Amendment resolution last week. Town Councilors Jimmy Busque and Michelle Anderson both explained the importance of this Resolution to those present. Busque explained the importance of the resolution and why its passage was required, followed by Anderson discussing the history of nullification. The resolution passed by a vote of 5-2.
A similar resolution is being considered on Monday night in Upper Pottsgrove, Pennsylvania. It would 1) Condemn federal overreach and infringement upon the Right of the Individual to Keep and Bear Arms; 2) Express support for, and urge immediate passage of PA House Bill 357 and 3) Reserve the right of the Township to take measures necessary to prevent enforcement of federal acts regarding the Right of the Individual to Keep and Bear Arms.
Also in Maine, the town of Brooksville held a public referendum in support of a Food Freedom Ordinance, which nullifies unconstitutional overreach from the FDA. The ordinance exempts “producers and processors” of local foods in town from state and federal licensure and inspection, so long as they leave the middleman out and sell their produce, baked goods, dairy and meat directly to customers. It passed by a vote of 112-64.”
READ THE REST HERE:http://news.tenthamendmentcenter.com/…
” On March 12 and 14, the Senate Judiciary Committee passed both Sen. Charles Schumer’s (D-NY) “Fix Gun Checks Act,” which would criminalize all private firearm sales and Sen. Dianne Feinstein’s (D-CA) “Assault Weapons Ban.”
These bills have a long way to go before they become law – if they ever do – but states across the nation are introducing their own legislation to preemptively defeat any new federal gun laws.
In Ohio, two senators have introduced SB36, which would prohibit firearms seizures, registration and bans in their state.
Sen. Jared Carpenter introduced a bill that would prohibit Kentucky from enforcing new federal gun control laws if they’re enacted. The measure passed by a vote of 34-3.”