” 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.”
Tag Archive: States Rights
” 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.”
- They Don’t Know What They Don’t Know (tenthamendmentcenter.com)
- AG Holder: Feds Will Ignore State Laws and Enforce Gun Grab (fromthetrenchesworldreport.com)
- Nullification Provides Needed Check on Federal Power (usnews.com)
- Resolutions of 1798: Guideposts of Limited Government (tenthamendmentcenter.com)
- Nullification – The Rightful Remedy and Our Last Hope (ncrenegade.com)
- Kansas Gov. Insists it’s OK to Ignore Federal Gun Laws (browardnetonline.com)
Colorado Lawmakers – Secret Service Must Arrest Local Sheriffs For Failing To Enforce An Unenforceable LawGraphic by Michelle Morin
” The furor over the signing into law of Senate Bill 13-013 earlier this week by Colorado Governor John Hickenlooper went viral following the publishing ofan article by Mike Opelka at theblaze.com. Opelka suggested that the new law could be “used to arrest or force county sheriffs to enforce the state’s new gun laws,” whether they wanted to or not.
It was fanned into white heat when World News Daily quoted Colorado State Representative Lori Saine who exclaimed:
This is insane! In theory if a Secret Service agent is in a county where the sheriff has refused to enforce some of the recent unenforceable gun laws, the agent could [ignore the sheriff entirely and] arrest any individual if he believes the law has been broken…
I believe it is intended to be used for setting up a framework so that at some other time they could expand it to possibly include being able to arrest a sheriff who is refusing to enforce unconstitutional laws.
Charley Barnes, writing at K99.com in Denver, further fanned the controversy last Monday when he wrote:
By the sounds of it, Colorado is being targeted with an attempt to set up loopholes that will allow the U.S. Secret Service to arrest and remove an elected sheriff for refusing to enforce the law, or anyone [else] breaking the law.”
- State Grants Secret Service Vast New Powers to Circumvent Sheriffs (joemiller.us)
- Governor of Colorado About to Give Secret Service Power to Arrest Sheriffs (lunaticoutpost.com)
- Colorado sheriffs: Sorry, but these new gun laws would be kind of unenforceable (hotair.com)
- NONE FOR YOU: State Grants Secret Service Vast New Gun Grabbing Powers (secretsofthefed.com)
- Colorado sheriff says he won’t enforce ‘unenforceable’ new gun grab laws (twitchy.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.”
- Ted Cruz And Dianne Feinstein Battle In Explosive Debate Over Gun Control In Senate: ‘I Am Not A 6th Grader’ (mediaite.com)
- H●ȴȴɣwͼͽd added a discussion to the group Guns and Tactics (12160.info)
- Growing Number Of States Eye Bills To Defy Federal Gun Laws (secretsofthefed.com)
- Growing Number of States Introduce Bills To Defy Unconstitutional Federal Gun Laws (patdollard.com)
” An Oklahoma bill known as the Firearms Freedom Act has successfully passed the state’s House panel with a whopping 13-0 vote, signifying a great start for the bill that protects Oklahoma citizens from federal laws or regulations concerning guns and ammunition.
Around eight states already have signed into law similar bills defending the Second Amendment rights of the public, and Oklahoma could keep this going strong. If you’ve been following this bill, you may be aware that the ultimate passing of this bill into law can signify some serious change that will surely reverberate throughout the nation and spark similar legislation that may be introduced and adopted in an even greater number of states. Of course the flip side of this is that if this bill is crushed, it will limit the chances of other states following the move successfully. With a vote of 13-0 by the panel, however, it is a good sign for sure.
Right now, a dozen other states are at some stage in the process of ruling on similar bills. The site FireArmsFreedomAct has provided a graphic that highlights the states as of February 9th, 2013:”
- Oklahoma Bill Protecting Guns From Federal Seizure Passes House Panel (storyleak.com)
- Oklahoma House Committee Passes Firearms Freedom Act, 13-0 (tenthamendmentcenter.com)
- Oklahoma guns exempted from federal rules in bill OK’d by House panel (newsok.com)
- A Brief and Bloody History of Gun Control Read more: http://www.storyleak.com/a-brief-and-bloody-history-of-gun-control/#ixzz2LkOGvaKz (storyleak.com)
- Oklahoma House Committee Passes Obamacare Nullification, 7-3 (tenthamendmentcenter.com)
- Dozens of gun bills filed in Oklahoma house (kfor.com)
- Concealed-carry Bill Signed into Law by Acting AR Governor (arkansasmatters.com)
A thorough , detailed and link-filled post on why nullification is not only feasible but our right . Very much worth your time .
” Nullification deniers such as Matthew Spalding of Heritage Foundation, Jarrett Stepman of Human Events, law professor Randy Barnett, David Barton of Wallbuilders, and history professor Allen C. Guelzo, say that nullification by States of unconstitutional acts of the federal government is unlawful and impossible. They make the demonstrably false assertions that:
- States don’t have the right to nullify unconstitutional acts of the federal government because our Constitution doesn’t say they can do it;
- Nullification is literally impossible;
- The supreme Court is the final authority on what is constitutional and what is not; and The States and The People must submit to whatever the supreme Court says; and
- James Madison, Father of Our Constitution, opposed nullification.
Their assertions contradict our Declaration of Independence, The Federalist Papers, our federal Constitution, and what James Madison, Thomas Jefferson, and Alexander Hamilton really said.
What are the Two Conditions Precedent for Nullification?
The deniers seem unaware of the two conditions our Framers saw must be present before nullification is proper and possible. These conditions are important – you will see why!:
- The act of the federal government must be unconstitutional – usually a usurpation of a power not delegated to the federal government in the Constitution; and
- The act must be something The States or The People can “nullify”- i.e., refuse to obey: the act mustorder them to do something or not do something.
What is “Interposition” and What is “Nullification”? “
Read The Whole Thing
- Wyoming NDAA Nullification Passes Out of Committee (tenthamendmentcenter.com)
- Nullification The Rightful Remedy – YouTube (chasvoice.blogspot.com)
- Nullification : An Idea Who’s Time Has Come (youviewed.com)
- The Path to Saving the Republic: Just Say ‘No’ (americanthinker.com)
- Nullification: The Basics (tenthamendmentcenter.com)
- There’s More Than One Way to Nullify (txwclp.org)
” The Daily Caller has published a report that suggests that Obamacare is under serious threat, due to half of states refusing
to establish healthcare exchanges. The article suggests a pressure point for the massive healthcare program that could send the legislation back to the Supreme
” A movement to stop unconstitutional violations of gun rights by refusing to enforce unjust laws is slowly gaining momentum.
Last week, we saw the positive news of a small town Chief of Police in Pennsylvania who is proposing an ordinance to ‘preserve the 2nd Amendment’ and nullify any and all policies or attempts at enforcement from the federal, state or local level that violate the right to keep and bear arms.
Now, as predicted, others are modeling legislation on this same, or at least similar, grounds.
Members of Wyoming’s state government are introducing bills to uphold the 2nd Amendment as well. K2Radio.com reports:
Several Wyoming lawmakers are proposing legislation designed to protect gun-owners from any potential federal firearm ban. The “Firearms Protection Act” bill, introduced this week, would make any federal law banning semi-automatic firearms or limiting the size of gun magazines unenforceable within the state’s boundaries. “
Police Chief Secures 2nd Amendment with Ordinance
- Wyoming Proposes Jail Time for Feds Who Violate The 2nd Amendment (forlibertysake.wordpress.com)
- Wyoming Lawmakers Propose ‘Gun Protection’ Legislation (k2radio.com)
- Wyoming Threatens Arrests For Federal Gun Grabbers (thedaleygator.wordpress.com)
- Wyoming to Preserve the Second Amendment? (tenthamendmentcenter.com)
- Wyoming Lawmakers Propose Legislation to Protect Gun Owners From Federal Firearms Ban (thegatewaypundit.com)
- Wyoming’s Firearms Protection Act: Wyoming Proposes Jail time for Feds who Enforce Gun Laws (offgridsurvival.com)
- Wyoming Lawmakers Propose ‘Gun Protection’ Legislation To Thwart Obama (patdollard.com)
- Police Chief Seeks Nullification of Unconstitutional Gun Control (thenewamerican.com)
- Pennsylvania Town Working To Nullify Federal Gun Control (tenthamendmentcenter.com)
- Pennsylvania Police Chief Proposes ’2nd Amendment Preservation’ Ordinance (dprogram.net)
” South Carolina Sen. Lee Bright (R-Spartanburg) has reintroduced a bill that would exempt any firearm, accessory or ammunition manufactured and kept within the borders of the Palmetto State from federal regulations.
Invoking states rights under the 9th and 10th Amendments to the U.S. Constitution, Bright’s legislation – known as the ‘South Carolina Firearms Freedom Act’ – states:
“A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”
” The ‘Firearms Freedom Act’ movement has its origins in Montana, where a gun maker by the name of Gary Marbut got sick and tired of the federal government’s overreach with respect to his business. After closely examining the Constitution, in particular the commerce clause, Marbut conceived the Firearms Freedom Act in 2009. “
- Will South Carolina Nullify Federal Gun Laws? (chasvoice.blogspot.com)
- Bill Would Exempt SC Made Guns From Federal Rules (charlotte.cbslocal.com)
- SC Senator Lee Bright Introduces Legislation To Nullify Federal Gun Laws | THE JEENYUS CORNER (jeenyuscorner.com)
- Will South Carolina Nullify Federal Gun Laws? (tenthamendmentcenter.com)
- Bill would exempt guns, ammo made in SC from federal regulations (chronicle.augusta.com)
- BATFE Taking Comments on a Pending Ban Ammo (ammoland.com)
Mike Maharrey on the origins of the Republican party and it’s integral association with state’s rights and nullification .
Remember who fought to end slavery (republicans) and who fought to deny equal rights to the black man based on the color of his skin (democrats).
And remember that the democrats efforts to combat equal rights continued for over a century after the slaves were freed .
Bull Conner , George Wallace and Robert (grand kleagle) Byrd were democrats after all .
Mr . Maharrey demonstrates the utility of the nullification process in asserting the sovereignty of the states and how that power can be put to work in ending the threat to individual liberty that is Obamacare .
” The Republican Party grew from the soil of state sovereignty and nullification. Now is the time for
Republicans to rediscover those roots and support state nullification of the federal health
Not being a regular Mother Jones reader I am surprised that I am linking to them but as with the subject matter of the article it has created some strange bedfellows .
I don’t think that this is the type of bipartisanship our “rulers” have in mind .
“The revolt against the NDAA has brought together organizations and activists that disagree on almost every other issue—tea party activists, the states’ rights Tenth Amendment Center,the American Civil Liberties Union, and Occupy Wall Street protesters. The NDAA is “waking people up to the idea that the federal government shouldn’t have this kind of power,” says Michael Boldin, the director of the Tenth Amendment Center. “We’re seeing this weird mishmosh coalition of people.” In mid-April, Boldin’s group joined a number of other conservative organizations in filing a friend-of-the-court brief in support of liberal journalist Chris Hedges’ anti-NDAA lawsuit against the Obama administration. ”
Once again the wisdom of the Founders comes to light as numerous states take matters into their own hands and attempt to mitigate this grossly unconstitutional powergrab .
” The NDAA backlash has already fueled action on the state level. In Virginia, Republican Gov. Bob McDonnell recently signed a bill that could prohibit state authorities from “knowingly” aiding in the military detention of a US citizen. The Arizona Legislature passed a bill making it a misdemeanor for state officials to help the feds detain US citizens under the NDAA, and the Maine Legislature passed a joint resolution urging Congress and the president to amend the law to make it clear that Americans apprehended on US soil can’t be detained without trial. All three states have legislatures with Republican majorities. ”
This is exactly why Washington DC in general and the Obama administration in particular demonstrate such disdain for the principle of ” state’s rights ” .
We all owe a debt of gratitude to the state of Arizona , Gov. Brewer , Sheriff Arpaio and everyone else in that state for pushing back against the Feds .
”Of course, what is going on here is that Obama administration doesn’t want to enforce the immigration laws that Congress has enacted. The essence of its position in the Arizona case is that the federal government has the right to decide not to enforce the law, and if it so decides, then no state has the power, under the Constitution, to do anything that would tend to enforce those federal laws. So if the Obama administration decides that it will gain political advantage by ignoring federal laws against illegal immigration, states like Arizona just have to take the consequences without complaining.”
This Administration has done nothing but work towards re-election since inauguration day . Literally everything it does , is with an eye towards sustaining it’s grip on power and has nothing to do with the good of the nation and it’s people .