Tenth Amendment Center Blog

The Hill

“White House press secretary Jay Carney said Monday that Chief of Staff Dennis McDonough and other senior officials knew of the general nature of the report but decided to keep the president in the dark about the report’s finding that the IRS had targeted conservative groups for extra tax scrutiny. Carney said it was the White House counsel Kathryn Ruemmler’s judgment that the matter should not be told to the president, and that she conveyed this sentiment to senior staff.”

Congressman Pat Meehan’s facebook status:

“Is there no accountability in government anymore?  In all of these scandals — the IRS, Benghazi, the AP wiretapping, Fast and Furious — we hear the same thing from the government officials involved:  It’s not my fault…  I wasn’t in the room…  I have no recollection…  I missed the meeting…  Not my responsibility…  I wasn’t aware…  I recused myself…  I only learned about it when you did.

What happened to accountability?  Is anyone in this administration responsible for their actions?”

How about two other people who “didn’t know” when systematic abuses took place on their watch? Continue Reading →

During the 2013 legislative session, we saw an explosion of state nullification bills dealing with issues ranging from heath care, to the Second Amendment, to NDAA detention.

Out of this renewed interest in nullification, a grassroots movement continues to grow and flex its muscles. Realizing they need to bring more pressure to bear on reticent state lawmakers, nullification advocates have taken the movement down to the local level.

Over the last several months, led by grassroots activists across America, city councils and county commissions have passed resolutions and ordinances in support of the Second Amendment and blocking NDAA detention provisions. Some bodies have passed legally binding legislation prohibiting local cooperation with unconstitutional acts. Others have approved non-binding resolutions supporting state efforts. Both strategies send strong messages to state lawmakers and will increase pressure to pass state-level nullification bills in the next legislative session.

Activists in Colorado serve as a powerful example of what local grassroots activism can accomplish.

At least six local governments in the Rocky Mountain State have passed resolutions supporting the right to keep and bear arms. These include the Weld County Commission, El Paso Board of County Commissioners, the Jefferson County Board of County Commissioners, the Mesa County Commission, the Montrose County Board of County Commissioners and the Archuleta Board of County Commissioners.

Jeff Maehr hopes to harness the momentum created by these grassroots efforts and coordinate county level efforts across the state to nullify unconstitutional acts.

Continue Reading →

On Monday, Governor Bill Haslam signed The Freedom of Unwarranted Surveillance Act, into law. This bill was introduced by Senator Mae Beavers, and had a roller coaster adventure through the legislative process. But it eventually passed – unanimously – in both state houses.  The tally was 32-0 in the Senate and 91-0 in the House.

The new law states that drones are prohibited with the following exceptions:

(1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States secretary of homeland security determines that credible intelligence indicates that there is such a risk;
(2) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone; or
(3) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life. (a very high bar in legal standards)

A party aggrieved by a violation of this bill may initiate a civil action against a law enforcement agency to obtain all appropriate relief, as determined by the court, in order to prevent or remedy a violation of the new law. Evidence obtained or collected in violation of this new law will not be admissible as evidence in a criminal prosecution in any court of law in the state.  Any law enforcement agency that uses a drone, or other substantially similar device to gather evidence or obtain information, must comply in all respects with the Fourth Amendment to the Constitution of the United States and article I, section 7, of the Constitution of Tennessee. Continue Reading →

Steve Benen over at the MaddowBlog came back for round two after apparently realizing some things he didn’t know that he didn’t know.

After his last post on nullification, North Carolina Tenth Amendment Center state chapter coordinator William Kennedy roughed him up pretty good. And a post by Jonathan Adler over at the Volokh Conspiracy schooled him too. That got Benen’s attention, so he brought in “big gun”  law professor extraordinaire David Gans, the director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center.

Of course, big guns don’t do much more than make noise when loaded with duds.

Benen  rolls out a strategy typically used by keepers of approved opinion. First they try to make the unapproved idea go away with some conventional wisdom spoon-fed with a healthy dose of ridicule. If that fails, they bring in some guy with impressive credentials to couch the same fallacious conventional wisdom  in academic language.

So, let’s take a look at a few of Gans’ assertions.

“Nullification was a 19th century theory, identified most closely with South Carolina Senator John C. Calhoun…”

Continue Reading →

Michigan House Bill 4455 is a bill to nullify warrantless surveillance and armed drones. HB4455 has been sitting in the Criminal Justice Committee since March. Your help is needed to move this bill forward.

HB4455 prohibits any law enforcement from storing biometric data from non-target suspects, ensures proper destruction of surveillance collected, and any surveillance obtained outside of this law may not be used as evidence in a court.

Please call and email your representatives. Tell them you want HB4455 to be voted on as soon as possible.

Action Items for HB4455.

1. Contact the Committee Chairman. Politely ask him to schedule HB4455 for public hearing and vote.

Kurt Heise (517) 373-3816 KurtHeise@house.mi.gov

2. Contact the other members of the Criminal Justice Committee. Strongly, but respectfully, urge each of them to vote YES on HB4455.

Joseph Graves (517) 373-1780 JosephGraves@house.mi.gov
Kenneth Kurtz (517) 373-1794 KennethKurtz@house.mi.gov
Mike Callton (517) 373-0842 MikeCallton@house.mi.gov
Ed McBroom (517) 373-0156 EdMcBroom@house.mi.gov
Margaret O’Brien (517) 373-1774 MargaretOBrien@house.mi.gov
Klint Kesto (517) 373-1799 KlintKesto@house.mi.gov Continue Reading →