Going Toe to Toe with Uncle Sam

2010 marked a huge political swing in the Tar Heel State with Republicans gaining control of both houses for the first time since the 1860’s. The Governors mansion is currently controlled by Gov. Beverly Perdue (D)  but is up for grabs in 2012 in a race that is already heating up.

One of the many freshman Republican members of the House is Glen Bradley. Glen is a former Marine, tireless defender of freedom, and someone who gets things done. In his short time of being in Raleigh he has introduced four 10th amendment related bills and is co-sponsoring others as well. One of Mr. Bradley’s latest bills is H240 NC Intrastate Commerce Act. The Act states in part:

All goods grown, manufactured, or made in North Carolina and all services performed in North Carolina, when such goods or services are sold, maintained, or retained in North Carolina, shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce among the several states.”

The bill is brief and to the point. It is very much unlike many of the long and superfluous bills we see coming out of Washington these days. Within the bill under the headline “Declarations” Glen takes head on the commonly held beliefs that congress has the power to regulate any and all commerce within North Carolina’s borders. Using the Federal Constitution as the guide for the bill we see that:

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Florida Senate Passes Health Care Freedom Act

Florida Senate presidents seldom sponsor legislation. This session, Senate President Mike Haridopolis not only sponsored The Florida Freedom Health Care Act, he delivered it early as promised- on the second day of this years legislative session.

The Health Care Freedom Act when passed by the Florida House will be placed on the ballot in November of 2012. If approved by 60% of the voters this will become an amendment to Florida’s constitution.

The Health Care Freedom Act states A law or rule may not compel, directly or indirectly, any person or employer to purchase, obtain, or otherwise provide for health care coverage.”  Read the entire text at: http://www.flsenate.gov/Session/Bill/2011/0002/BillText/c1/HTML

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Utah Passes Constitutional Tender Act

cross-posted from the Utah Tenth Amendment Center

Today, the Utah Senate passed HB317, a bill which will legalize gold and silver as tender within the state of Utah and exempt the exchange (purchase) of such specie from sales and capital gains taxes. Having already passed the House, the bill will now be sent to Governor Herbert to be signed into law, should he so decide.

This type of bill is one that is becoming increasingly popular throughout the country, with multiple states introducing and considering such legislation. Though Utah is now the first state to have a legislature approve of the idea, the sustained momentum of getting other states to review the proposal demonstrates the resiliency of the campaign for sound money. With the U.S. Dollar plummeting in value, this is an issue that will become more popular as time goes on.

As the author of the bill noted in a Fox News article on the subject, this bill will allow Utahns to better prepare for financial turmoil ahead, more easily diversifying into currency with a long history of stability.

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New England Nullification Tradition Marches On

Though many living in New England today might be loathe to admit it, there is a long history of nullification being used in the region to defy unconstitutional federal edicts. This week, the town of Sedgwick, Maine voted to carry on that proud tradition by nullifying certain federal agricultural regulations.

They did so through what might be the most legitimate form of democratic expression left in America: the New England town meeting. (Which have been held in the Sedgwick town hall since 1794.)

According to one report, the residents of Sedgwick voted to enact a law that not only permits

“Sedgwick citizens…to produce, process, sell, purchase, and consume local foods of their choosing,”

but declares that

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Abrupt end to Kentucky regular session kills sovereignty bills

The 2011 regular session of the Kentucky State Legislature came to an abrupt end Wednesday, killing any hope of passing one of the several state sovereignty bills still pending.

Senate President David Williams (R-Burkesville) ended the session 12 days early, a political move related to the ongoing budget battle and deadlock over how to resolve Medicare shortfalls.

Gov. Steve Beshear immediately called for a special session to begin next week. But lawmakers can only take up legislation included in the governor’s call during special session, and it appears Beshear will limit the session to the passing the budget and raising the high school dropout age, one of his pet issues.

That leaves several state sovereignty bills dead in the water.

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New Hampshire to Review Federal Financial Control of our State Sovereignty

HB 590 passed the House 228 – 111; it calls for a committee to review state participation in federal grant-in-aid programs. Considering that over 50% of the State budget and laws associated with that spending is controlled by the Federal government; this is a prudent first step to shine some light on an area of financial Sovereignty for the State.

In a recent town hall meeting a lady was explaining to me that if we as a State simply participated in more Federal programs we would get more Federal money and be like those States who get back 2 and 3 dollars for every dollar we sent to Washington D.C. instead of the 85 cents on the dollar that we get back now.

Unfortunately a portion of those Federal programs must be paid for by the State budget, and in the process we must make State laws that comply with the requirements to participate in those programs; the Federal government can change the rules any time they like and we are forced to comply or leave the program. The Federal government has been known on occasions to create programs that get the people hooked on a social service just to remove Federal funding later and leave the State holding the bag or explaining to the citizens why we have to cut the program; in other cases they leverage existing grants to demand we participate in unrelated programs and spend our own money doing so.

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Tennessee Passes Health Care Freedom Act

On Monday, the Tennessee Health Care Freedom Act cleared its last hurdle in the Tennessee General Assembly.  The House voted 70 to 27 to pass the legislation, following on the heels of the Senate passage of SB0079 on February 23.  This bill provides vital protections to Tennesseans who choose not to comply with the Patient Protection and Affordable Care Act passed by Congress last year.   The Tennessee Health Care Freedom Act states:

It is declared that the public policy of this state, consistent with our constitutionally recognized and inalienable right of liberty, is that every person within this state is and shall be free to choose or to decline to choose any mode of securing health care services without penalty or threat of penalty.

It is declared that the public policy of this state, consistent with our constitutionally recognized and inalienable right of liberty, is that every person within this state has the right to purchase health insurance or to refuse to purchase health insurance. The government may not interfere with a citizen’s right to purchase health insurance or with a citizen’s right to refuse to purchase health insurance. The government may not enact a law that would restrict these rights or that would impose a form of punishment for exercising either of these rights. Any law to the contrary shall be void ab initio.

The bill will be heading to Governor Bill Haslam’s desk shortly.

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Rick Perry 1, Obama 0

EDITOR’S NOTE: Bernie Quigley will be a featured speaker at Nullify Now! New Hampshire. Get tickets and info here – http://www.nullifynow.com/newhampshire/ – or by calling 888-71-TICKETS

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. . . states rights, states rights, states rights . . . !
– Rick Perry, Governor of Texas, at the first Tea Party event on April 15, 2009

To put it simply, the most astonishing thing that has happened these past two years is that the states have suddenly seen, as if through a glass darkly, that they do not have to do what the federal government tells them to do. Consider the consequences. The idea seemed incomprehensible when it was first presented up here in northern New England five years ago. Speaker Nancy Pelosi’s truly shocked comment when she was told she couldn’t just do anything she wanted was, “Are you serious? Are you serious?” Today, the Supreme Court faces state sovereignty challenges which promise to shake the nation.

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Et tu, Heritage?

The Heritage Foundation is opposed to state nullification. The peons have evidently latched onto an idea that has not been approved for them in advance by either National Review or the New Republic, so it is time for a ritual scolding. Why, didn’t you know, citizen, that if you think a federal law is unconstitutional we can change that law? Happens all the time! All. The. Time. And we have courts, too, which have done a splendid job restraining the institution that employs them. What kind of crank could be unsatisfied with this?

Since I’m getting things together for the first lecture in my online U.S. history course for the Mises Academy tonight, I don’t have time for the usual point-by-point reply. But I don’t need one. I see almost nothing here that isn’t already addressed in my standard reply to objections.

A few highlights, though:

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