Tag Archive: 10th Amendment


8 States Have Laws Voiding Federal Firearms Regs

 

 

 

 

” Across the country, a thriving dissatisfaction with the U.S. government is prompting a growing spate of bills in state legislatures aimed at defying federal control over firearms – more than 200 during the last decade, a News21 investigation found.

  Particularly in Western and Southern states, where individual liberty intersects with increasing skepticism among gun owners, firearms are a political vehicle in efforts to ensure states’ rights and void U.S. gun laws within their borders. State legislators are attempting to declare that only they have the right to interpret the Second Amendment, a movement that recalls the anti-federal spirit of the Civil War and civil-rights eras.

“ I think the president and the majority of Congress, both in the House and Senate, are just completely out of touch with how people feel about Second Amendment rights,” said Missouri state Sen. Brian Nieves, who has fought for bills to weaken the federal government’s authority over firearms in his state.

  In Idaho, the Legislature unanimously passed a law to keep any future federal gun measures from being enforced in the state. In Kansas, a law passed last year says federal regulation doesn’t apply to guns manufactured in the state. Wyoming, South Dakota and Arizona have had laws protecting “firearms freedom” from the U.S. government since 2010.

  A News21 analysis shows 14 such bills were passed by legislators in 11 states, mainly in Western states, along with Kansas, Tennessee and Alaska. Of those, 11 were signed into law, though one was later struck down in court. In Montana, Missouri and Oklahoma, three others were vetoed.”

 

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Arizona First US State To Attempt Legal Resistance To NSA Surveillance

 

 

 

” Arizona’s state senate panel approved a bill withdrawing state support for intelligence agencies’ collection of metadata and banning the use of warrantless data in courts. The panel becomes the first legislative body in US to try and thwart NSA spying.

  The bill will now have to be approved by majority of the Senate Rules committee before it can move on to the full senate. It prohibits Arizona public employees and departments from helping intelligence agencies collect records of phone-calls and emails, as well as metadata (information on where and when the phone calls were made). 

  The bill is entitled the 4th Amendment Protection Act and was introduced by Republican Senator Kelli Ward of Lake Havasu City. It was passed on Monday by the Senate’s Government and Environment committee with a 4-2 vote. 

The 10th Amendment allows states to stand up against unconstitutional federal law,” Ward said, as cited by AP. “It’s a state issue because many times the NSA is turning that information over to our local and state law enforcement and using that in cases that are basic criminal prosecutions, not anything to do with terrorism.” ”

 

 

 

 

 

 

 

 

A NEW YEAR AND OLD PROBLEMS

 

 

 

 

” Obamacare looms large and menacing on our horizon. This is not just because of computer problems, or even because some people who think that they have enrolled may discover at their next visit to a doctor that they do not have any insurance coverage. 

  Obamacare is more than a medical problem, though there are predictable medical problems — and even catastrophes — that will unfold in the course of 2014 and beyond. Our betters have now been empowered to run our lives, with whatever combination of arrogance and incompetence they may have, or however much they lie.

  The challenges ahead are much clearer than what our responses will be. Perhaps the most hopeful sign is that increasing numbers of people seem to have finally — after nearly five long years — begun to see Barack Obama for what he is, rather than for what he seemed to be, when judged by his image and rhetoric.

  What kind of man would blithely disrupt the medical care of millions of Americans, and then repeatedly lie to them with glib assurances that they could keep their doctors or health insurance if they wanted to?”

 

 

 

 

 

 

 

 

FEDERAL NULLIFICATION EFFORTS MOUNTING IN STATES

 

 

” 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.”

 

 

 

 

 

 

 

 

How Much Control Does Supremacy Clause Give Feds? – Andrew Nappi #N3

 

Nullification Is No Crackpot Theory

 

 

 

” 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.”

 

 

 

 

 

 

 

 

 

 

 

Tenther News 03-17-13: The Nullification Movement Goes Local

 

” 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/…

 

 

 

Growing Number Of States Eye Bills To Defy Federal Gun Laws

 

 

 

” 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.”

 

 

 

 

States Tackle Fiscal Problems While Feds Dawdle

 

 

 

 

” Democrats in Washington declare that they will absolutely, positively allow no changes whatever in the nation’s unsustainable entitlement programs — Social Security and Medicare.

But out in the states, politicians of both parties aren’t averting their gaze from impending fiscal crises. They are working to change policies that put state governments on an unsustainable trajectory.

The most obvious example was the passage of a right-to-work law last week in Michigan, the birthplace of the United Auto Workers union.

This was retaliation for a failed power grab by both the UAW and public-sector unions — Proposition 2, which would have enshrined collective bargaining in the state constitution.

Michigan voters defeated Prop 2 last month by a 58 to 42 percent margin. It won in the two counties that include the effectively bankrupt cities of Detroit and Flint. It lost in the other 81 counties.”

 

 

  There was a reason that the Founders structured our government sop as to vest the lion’s share of power in the states . They were well aware of the sclerotic nature of centralized power and realized that innovation thrives where ” the people ” have the most input in how they are governed . Those lessons seem to have been forgotten ignored by our self-appointed ruling class .