New Hampshire Intrastate Commerce Act in Committee

cross-posted from the New Hampshire Tenth Amendment Center

Written testimony in support of HB 324

Article 7 of the New Hampshire bill of rights says the Federal government only has powers “expressly delegated”; and as article 7 pre-dates the Constitution for the United States it was clearly understood at the time of the signing of the compact between the States.

Whereas the power delegated to the United States with concern to commerce reads “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” and a 1942 Supreme Court ruling changed the meaning of commerce to include “anything that affects commerce”.

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Montana lawmaker seeks to create state militia

In a move that will hopefully be copied nationwide over the next few years, Montana lawmakers are considering forming and training an armed volunteer force of “home guards” certified by the governor and not subject to federal oversight. These home guards would be under the direct authority of the county sherriffs and the governor during any state emergency.

According to the Billings Gazette:

Supporters said the bill is not about arming citizens but to provide additional emergency services as some other states do.

A number of states have a state defense force like a “home guard” for responding to emergencies but few states have an armed force like the bill proposes.

As you might expect, the idea of a sovereign state organizing its citizens to exercise their Second Amendment rights has met with considerable shock, outrage and hyperbole from the Left.

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Lookie what Fox News found

The idea is not just going to go away.

While opponents continue their attempts to paint state nullification of the federal health care act as a kook, fringe idea rooted in racism and repudiated by the Civil War, the concept continues to garner more and more mainstream media attention. The AP has done two stories on nullification in the last couple of weeks, and one of them even provided a pretty fair and balanced look at the concept.

Now Fox News has taken notice, much to the chagrin of the Daily Kos. First, watch the video:

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The legality of nullification

A frequent commenter to the Ohio Republic blog, Robert Barga, brings up an interesting objection to nullification in his comment on “Health Care Ruling, Victory or Trojan Horse?” (Feb. 1). Mr. Barga, who is an Ohio resident studying law in Connecticut, writes:

Here’s the thing, I think that the court will find that this is an allowed action on Congress. If growing your own wheat for your own use is interstate commerce, then healthcare clearly is (right or wrong, this is how i see the court ruling)

Furthermore, I don’t really see how nulification could work. While an argument over the right of it is interesting, the court has made it clear that the state’s dont have the right to do that (see several cases prior to the 1860s, most after are clear cause of that war thingy).

Here is my response:

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Nullify Now! Tour Wows Phoenix

from The New American Magazine

On Saturday, January 29, the Nullify Now! 2011 tour began with a bang in Phoenix, Arizona. Hundreds of people gathered at the Sheraton Hotel in downtown Phoenix as the Tenth Amendment Center promoted nullification of unconstitutional acts by the federal government. With an array of reputable speakers like Arizona’s State Senator Sylvia Tenney Allen and The John Birch Society’s CEO, Art Thompson, the event proved to be an educational success.

A national tour sponsored by WeRefuse.com and the Tenth Amendment Center, Nullify Now! focuses on the Founding principles of the United States Constitution and educates attendees about the Tenth Amendment, as well as the powers of the state including that of nullification, and a variety of issues that can be resolved by state nullification.On Saturday, a number of speakers bemoaned the dwindling authority of the states as the federal government continues to grow, and promoted the philosophies of America’s Founding Fathers like Thomas Jefferson and James Madison, who heavily supported powerful states over a powerful central government.

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In all fairness…

After ripping AP writer John Miller for his horribly biased story on health care nullification efforts in Idaho, it’s only fair to point out that AP reporter Emery P. Dalesio wrote a very fair and balanced story highlighting nullification efforts in North Carolina. In fact, he probably could have gone further pointing out opposition to…

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