OLYMPUS DIGITAL CAMERA

Virginia NDAA Nullification Bill Passes Senate Committee 8-4

About an hour ago, Virginia House Bill 1160 (HB1160) which recently passed the House of Delegates by a vote of 96-4, was approved by the Senate Courts of Justice Committee. The vote was 8-4 with 3 abstentions.

The legislative goal of HB1160 is to codify in Virginia law noncompliance with what many are referring to as the “kidnapping provisions” of section 1021 and 1022 of the National Defense Authorization Act of 2012 (NDAA). The official summary of 1160:

“A BILL to prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detention of a citizen in violation of the United States Constitution, the Constitution of Virginia, or any Virginia law or regulation.”

HB1160 is sponsored by Delegate Bob Marshall, who recently told The New American – “They say this law [the NDAA] is designed to fight terrorists. You don’t defeat terrorists by adopting their tactics. I will be faithful to my calling to stand against these predators who would sell their birthright for a mess of pottage.”

Details

Kentucky, West Virginia considering firearm freedom legislation

West Virginia and Kentucky lawmakers will consider legislation nullifying federal gun laws applying to firearms made and kept within state borders.

Under the auspices of the “commerce clause,” the federal government places all kinds of restrictions on firearms and ammunition.

Although the Constitution grants the federal government power to regulate interstate commerce, the ratifying conventions insisted on the Bill of Rights, making it clear that Congress and the other branches of the federal government may not infringe on certain rights, including the right to keep and bear arms, even when exercising legitimate powers. But federal courts have done nothing to protect individual rights, choosing instead to broaden the scope of federal “authority.” Furthermore, the Constitution grants absolutely no authority for regulation of intrastate commerce.

Details

Will Mississippi Defy Feds, Legalize Medical Marijuana?

Senator Deborah Jeanne Dawkins (D) has introduced a bill to allow medical use of marijuana by seriously ill patients under doctor’s supervision.

Senate Bill 2252 “an act to authorize the medical use of marihuana by seriously ill patients under a physician’s supervision; to define certain terms; to provide an exemption from criminal and civil penalties for the medical use of marihuana; to provide limitations on the medical use of marihuana; to provide a legal defense for patients and primary caregivers; to amend sections … of Mississippi code to transfer marihuana from schedule I to schedule II under the controlled substances law; to amend section … Mississippi code of 1972, to exempt the medical use of marihuana from criminal penalties under the controlled substances law; and for related purposes.”

The bill also states: “Although federal law expressly prohibits the use of marihuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington permit the medical use and cultivation of marihuana. The Legislature intends to join in this effort for the health and welfare of the citizens of Mississippi.  However, the Legislature does not intend to make marijuana legally available for other than medical purposes.”

If passed, this bill it would put the state in conflict with federal law declaring itl illegal to use, buy and sell marijuana. As the bill authors point out, 99 out of 100 arrests for marijuana are by the states, but this bill still will not protect the states citizens from federal prosecution. The state is legally within its rights to decide this issue based on the 10th Amendment which declares; “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  Nowhere in the U.S. Constitution is the federal government given the authority to regulate what plants we grow or consume. This remains purely a state power.

Details