Tag Archive: Tenth Amendment


States Rise Up Against Washington

 

 

 

 

 

” State legislators around the country have introduced more than 200 bills aiming to nullify regulations and laws coming out of Washington, D.C., as they look to rein in the federal government.

  The legislative onslaught, which includes bills targeting federal restrictions on firearms, experimental treatments and hemp, reflects growing discord between the states and Washington, state officials say.

“ You have a choice,” said Kentucky state Rep. Diane St. Onge (R). “To sit back and not do anything or say anything and let overregulation continue — or you have the alternative choice to speak up about it and say, ‘We know what you are doing or intend to do and we do not think that it is constitutional and we as a state are not going to stand for it.’ ”

  Last month, St. Onge introduced H.B. 13 to nullify federal gun control laws within Kentucky state lines. Similar legislation has been introduced in seven other states.

“ This law is saying the sheriff and those under him do not have to follow federal regulations,” she said.

  Friction between the states and the federal government dates back to the nation’s earliest days. But there has been an explosion of bills in the last year, according to the Los Angeles-based Tenth Amendment Center, which advocates for the state use of nullification to tamp down on overzealous regulation.

People are becoming more and more concerned about the overreach of the federal government,” said center spokesman Mike Maharrey. “They feel the federal government is trying to do too much, it’s too big and it’s getting more and more in debt.” “

 

 

Nullification is gaining steam as this article in The Hill shows

 

 

 

 

 

 

 

 

 

 

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Florida Bill Would Virtually Nullify All Federal Gun Laws

 

 

 

 

 

” 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 “

 

 

Read more at the Tenth Amendment Center

 

 

 

 

 

 

 

 

 

Gun Bill In Missouri Would Test Limits In Nullifying U.S. Law

 

” Unless a handful of wavering Democrats change their minds, the Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them here. A Missourian arrested under federal firearm statutes would even be able to sue the arresting officer.

The law amounts to the most far-reaching states’ rights endeavor in the country, the far edge of a growing movement known as “nullification” in which a state defies federal power.

The Missouri Republican Party thinks linking guns to nullification works well, said Matt Wills, the party’s director of communications, thanks in part to the push by President Obama for tougher gun laws. “It’s probably one of the best states’ rights issues that the country’s got going right now,” he said.”

 

 

 

 

 

 

 

 

Nullification Deniers! This Is What James Madison Really Said

 

 

Nullification

 

 

  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

Nevada Introduces Anti-NDAA Bill

 

 

 

 

” With the recent passage by Congress of the 2013 National Defense Authorization Act, soon to be signed into law by Barack Obama, and existence of the 2012 NDAA law, many states have sought nullification of NDAA. Nevada is now set to put forth it’s own anti-NDAA bill, BDR 728. On December 19, the Nevada chapters of the People Against the National Defense Authorization Act (PANDA) announced the introduction of the bill. The bill is sponsored by Nevada State Senator Don Gustavson and will be presented to lawmakers in February when the legislature reconvenes.

Christopher Corbett, Nevada state coordinator for PANDA, said in a statement that announced the introduction of the bill, which is titled “The Nevada Liberty Preservation Act”:

I appreciate the community support backing up our efforts and the courage of those members of our governing bodies who are willing to actively protect the constitutional rights of their constituents. We need to restore the Constitutionally protected right to due process for every American.”

 

 

The Federalist Papers