The Nebraska legislature will consider Legislative Bill 1171, titled The Nebraska Balance of Powers Act during the 2012 session.

State Senator Mark Christensen of Nebraska’s 44^th District introduced the bill on Jan. 19.

The Nebraska Balance of Powers Act shall serve as notice and a demand that the federal government cease and desist any and all activities outside the scope of the federal government’s constitutionally designated powers and which diminish the proper balance of power between the state and federal government. It also calls for the formation of a committee on nullification.

The bill is intended to reclaim the powers that the Tenth Amendment guarantees and reserves to the states and the people of Nebraska, not delegated to the federal government elsewhere in the Constitution.  Such guarantee makes up part of  a compact between the people of the State of Nebraska and the United States as of the time that the State of Nebraska was admitted to statehood in 1867.

“The Constitution of the United States affirms that the sole and sovereign power to regulate a state’s business and affairs rests in the state legislature and has always been a compelling state concern and central to state sovereignty.” (more…)

I don’t recall ever agreeing with the left-liberal Center on Budget and Policy Priorities (CBPP), but their new paperon the drawbacks of the federal government switching to biennial budgeting is a good read. Congressional Republicans, including House Budget Committee chairman Paul Ryan (R-WI) and Senate Budget Committee ranking member Jeff Sessions (R-AL), are the chief proponents of switching to a biennial budget cycle. By providing (qualified) support to the CBPP paper, I’m hoping to demonstrate to would-be GOP naysayers that criticism of biennial budgeting isn’t confined to one area of the ideological spectrum.

I don’t agree with everything in the paper and I don’t share some of the authors’ concerns, but here are three solid points that the paper makes: (more…)

Most of the Tenth Amendment Center‘s efforts since its founding have been focused on opposing the federal government’s usurpation of state, local and individual powers. There are certainly plenty of actions on the part of the federal government in the past century that could fall under that category, with both major parties sharing culpability. Unconstitutional wars, the war on drugs, massive government expansion into health care, education, agriculture…the list could go on and on. However, another threat to local, state and even national sovereignty comes from the international community, specifically the United Nations.

Coming out of the 1992 Rio Summit, Agenda 21 seeks to increase the UN’s power over areas of life ranging from farming practices to housing, all under the guise of environmentally sustainable development. What Agenda 21 really amounts to is a threat to private property rights, free markets and local self-government. Ironically, many towns have been gradually implementing Agenda 21 at the local level through ICLEI, which is an organization of local governments for sustainability. Like many power grabs, it is presented as being for the good of the people, but if one looks at the results of centralization of power at the national level, much less the international level, it is difficult to believe their rhetoric about saving the earth will yield any environmental benefit. (more…)

New Hampshire and Utah lawmakers have introduced legislation that would protect local food commerce from unconstitutional federal regulation in their states. HB1650 and SB34, respectively, would protect agricultural products that never cross state lines, not legally subject to federal regulations.

New Hampshire HB1650, sponsored by Rep. Davenport, Rep. Manuse, Rep. Mauro, Rep. Terrio, Rep. Bowers, and Sen. Forsythe, would “allow for locally produced food products to be sold and consumed within New Hampshire and to encourage the expansion and accessibility of farmers’ markets, roadside stands, farm and home based sales, and producer to end consumer agricultural sale.” The New Hampshire Food Freedom Act would protect products labeled “Made In New Hampshire.” It would also make it a class B misdemeanor for State officials, and class A misdemeanor for Federal officials, to attempt to enforce a federal act, order, law, statute, rule, or regulation upon labeled products.

Utah SB34, sponsored by Sen. Casey Anderson (R- Cedar City) would also allow for locally produced food products to be sold and consumed within Utah, while providing legal protections for consumers and producers and imposing penalties for officials who attempt to interfere. It would also make it a class A misdemeanor for anyone attempting to enforce a federal regulation upon agricultural products indicating that they are “Made in Utah,” “Grown in Utah,” or “Produced in Utah.” (more…)

On Jan. 17, Republican Tom Trail introduced HB 370 in the Idaho House of Representatives. This marks Trail’s second attempt to address the needs of medical marijuana patients in as many years.

“Representative Trail is a conservative who gets it. He sees that it’s all about compassion. In essence the heart of this bill is true conservatism.” Robert Capecchi of the Marijuana Policy Project in Washington D.C. said.

HB370 would provide for alternative treatment centers where very ill patients could obtain cannabis medication to ease their suffering. It is not a legalization bill, but it does contain some interesting statements regarding the relationship between the States and their central government:

“According to the U.S. sentencing commission and the federal bureau of investigation, 99 out of every 100 marijuana arrests in the country are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana.” (more…)

Introduced in the Virginia House of Delegates is House Bill 1160 (HB1160) which “Prevents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia.”

The bill is sponsored by Delegate Bob Marshall and was introduced on 01-16-12. It has been assigned to the House Courts of Justice Sub-Committee: #2 Civil. Visit this link for information on this Subcommittee.

The bill reads as follows:

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, employee of either acting in his official capacity, or any member of the Virginia National Guard or Virginia Defense Force, when such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty, may engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) in the investigation, prosecution, or detainment of any citizen of the United States in violation of Article I, Section 8 or 11 of the Constitution of Virginia.

Virginia is now the first state in the nation to introduce and consider a version of the Liberty Preservation Act (click here for model legislation for your state) in response to unconstitutional kidnapping provisions in the National Defense Authorization Act (NDAA) of 2012. Sources close the to the Tenth Amendment Center tell us to expect up to ten states considering various laws or resolutions in response to the NDAA in the 2012 state legislative session.

CLICK HERE to track the status of NDAA nullification legislation around the country.

CLICK HERE to view a suite of model resolutions and legislation available for introduction in your area.

*****UPDATE 10:32AM – CONTACT INFO FOR SUBCOMMITTEE MEMBERS:*****

Courts of Justice Civil Law Subcommittee

Chairman Sal Iaquinto                delsiaquinto@house.virginia.gov         804-698-1084
Delegate Terry Kilgore                deltkilgore@house.virginia.gov                 804-698-1001
Delegate Manoli Loupassi        delmloupassi@house.virginia.gov         804-698-1068
Delegate Gregory Habeeb        delghabeeb@house.virginia.gov                 804-698-1008
Delegate Peter Farrell                delpfarrell@house.virginia.gov                 804-698-1056
Delegate Randy Minchew        delrminchew@house.virginia.gov         804-698-1010
Delegate Joe Johnson                deljjohnson@house.virginia.gov                 804-698-1004
Delegate David Toscano        deldtoscano@house.virginia.gov         804-698-1057
Delegate Jennifer McClellan        deljmcclellan@house.virginia.gov         804-698-1071

Remaining Courts of Justice Committee Members

Chairman Dave Albo                deldalbo@house.virginia.gov                 804-698-1042
Delegate Robert Bell                delrbell@house.virginia.gov                 804-698-1058
Delegate Ben Cline                delbcline@house.virginia.gov                 804-698-1024
Delegate Todd Gilbert                deltgilbert@house.virginia.gov                 804-698-1015
Delegate Jackson Miller        deljmiller@house.virginia.gov                 804-698-1050
Delegate Ronald Villanueva        delrvillanueva@house.virginia.gov         804-698-1021
Delegate Richard Morris        delrmorris@house.virginia.gov                 804-698-1064
Delegate Vivian Watts                delvwatts@house.virginia.gov                 804-698-1039
Delegate Charniele Herring        delcherring@house.virginia.gov                 804-698-1046

*****UPDATE 2:45PM*****

Passed out of subcommittee today – 6 Yay – 3 Nay
YEAS–Iaquinto, Kilgore, Habeeb, Farrell, Minchew, Johnson–6.

NAYS–Loupassi, Toscano, McClellan–3.

ABSTENTIONS–0.
NOT VOTING–0.

*****UPDATE 01-26 2:14PM*****

Bill number has been changed in the title and the blog text – HB1160. Thanks, Catherine Crabill!