Free New England: Repudiate The National Defense Authorization Act

New England was a Jeffersonian region of independent-minded yeoman farmers and free-thinking, independents before the Civil War. We lost that earthy colloquialism to the abstraction of federalism after teaming up for the conquest of the west and the South in 1857 and 1865, and again to globalism after the conquest of Europe and Asia in…


Earmarks are a Symptom of the Problem

Washington Post investigation identified dozens of examples of federal policymakers directing federal dollars to projects that benefited their property or an immediate family member. Members of Congress have been enriching themselves at taxpayer expense? In other news, the sun rose this morning.

According to the Post, “Under the ethics rules Congress has written for itself, this is both legal and undisclosed”:

By design, ethics rules governing Congress are intended to preserve the freedom of members to direct federal spending in their districts, a process known as earmarking. Such spending has long been cloaked in secrecy and only in recent years has been subjected to more transparency. Although Congress has imposed numerous conflict-of-interest rules on federal agencies and private businesses, the rules it has set for itself are far more permissive.

Lawmakers are required to certify that they do not have a financial stake in the actions they take. In the cases The Post examined, not one lawmaker mentioned that he or she owned property that was near the earmarked project or had a relative who was employed by the company or institution that received the earmark. The reason: Nothing in congressional rules requires them to do so, and the rules do not address proximity.

With the fox guarding the henhouse, the most one can hope to accomplish is to limit the carnage. Many pundits, politicians, and policy wonks argue that a permanent ban on earmarks would be an effective limit. Unfortunately, that’s just wishful thinking as earmarks are merely a symptom of the real problem: Congress can spend other peoples’ money on virtually anything it wants.

Take the example of Rep. Candace Miller (R-MI):


Missouri Stands on Tenth Amendment to just say NO to Obamacare – HB1534

The Missouri State House has introduced proposed legislation, sponsored by Representative Kurt Bahr, and co-sponsored by Andrew Koenig, which would allow for misdemeanor charges being filed against any state or federal official attempting to enforce or implement the federal Patient Protection and Affordable Care Act in the state. The legislation also makes plain Missouri’s view, summarizing that the act is considered unconstitutional as it exceeds “the powers granted to Congress under the United States Constitution. Therefore, it is not law and is altogether void and of no force.” The tone of the proposed legislation clearly shows Missouri is not at all happy with the mandate sent down from D.C.

“Null and void from inception” is an accurate way of describing an unconstitutional law inferring it has  no basis or authority within the Constitution for the United States allowing it to be even proposed for debate or voted upon by Congress. The summary text is stating this idea clearly by relaying  ” it is not law and is altogether void and of no force”

Text within the proposal itself specifically declares that Missouri considers Obamacare to be unconstitutional:


Kansas Health Care Freedom Amendment Heads to Senate Floor

Mary Pilcher-Cook Praises Judiciary Committee Action; Thanks Public for Attendance

Topeka, KS – On Friday, Feb. 3, 2012, the Kansas Health Care Freedom Amendment passed the Senate Judiciary Committee by a 6 to 4 vote. Originally introduced in the 2010 legislative session, the proposed constitutional amendment was adopted in 2011 by the Kansas House with a 91-27 vote, and this year, on Friday, the measure was forwarded by the committee to the full Senate for debate. Final passage of a constitutional amendment would require a two-thirds vote from the Kansas Senate. It does not need approval by the governor; instead, it would be placed directly on the November ballot for consideration by the voters.

Sen. Mary Pilcher-Cook (R-Shawnee), the chief sponsor of the amendment and who has spearheaded it through the legislative process, praised the committee’s actions.

To track health care freedom act bills from across the U.S., click HERE.

“I would like to thank my colleagues on the Judiciary Committee who took their legislative duty seriously to protect the health care liberty of Kansas citizens, and who voted to forward the Health Care Freedom Amendment to the full Senate, giving each senator a chance to be heard on this critical measure. I look forward to the debate and am optimistic we can achieve the required super majority,” she said.


Virginia Taking a Stand Against EPA

Virginia House Delegates Robert G. Marshall and Anne B. Crockett-Stark recently introduced  HB 27. The Residential energy efficiency standards exempts certain homes from federal cap & trade legislation,  and would limit the power of the EPA to set the standards for home construction in Virginia, as stated in the bill’s brief description.

Residential energy efficiency standards. Exempts any residential building or manufactured home in Virginia from being subject to federal legislation relating to residential energy efficiency standards if such building complies with the Statewide Uniform Building Code. Except to the extent required by the Statewide Building Code, the owner of such building or home cannot be required by the federal government to (i) have an energy efficiency analysis conducted on his residence, (ii) have his residence meet federal energy efficiency standards, (iii) participate in a building performance labeling program, (iv) make modifications to the residence in accordance with federal legislation, or (v) post a label showing the energy efficiency of his home prior to its sale. The bill also prohibits any state agency from assisting any federal agency in the implementation of global warming or climate change legislation.

We at the Tenth Amendment Center believe strongly in the wisdom and views of two of Virginias’ most respected statesmen on the duty of the  states under the US Constitution; “and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said  compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”- James Madison, Virginia Resolutions, 1798;”whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force”Thomas Jefferson, Kentucky Resolutions, 1798


Three and Counting. Colorado Counties Rejecting NDAA

Colorado – taking a stand against the NDAA. Fremont, El Paso, now Weld County say NO to Indefinite Detention.

Some people argue that principles of state sovereignty would be a pointless strategy in their state. They argue that their statehouse is even more corrupt than the Feds and in some cases, they may have a point.

Fortunately there is much that can be done at the county level. Sources are telling Tenth Amendment Center that there are a high number of counties in Colorado alone that are ready to turn back the NDAA.

In recent weeks, the counties of Fremont and El Paso passed resolutions opposing sections 1021 and/or 1022 of the National Defense Authorization Act – what some refer to as the “kidnapping provisions” of the act. And this week, Weld County joined them in this stand by passing a unanimous resolution stating its “opposition to the authority affirmed in Section 1021” of the legislation Monday.

“The issue at hand is not a publicity stunt, it’s not politics … It’s the constitution,” Scooter McGee, radio talk show host for 1310 KFKA News Talk, told commissioners Monday before they voted on the issue.


Tennessee vs. the Federal Playground Bully

cross-posted from the Tennessee Tenth Amendment Center

On the heels of the passage of the Tennessee Health Freedom Act last year, Governor Haslam and the Tennessee General Assembly continue their quiet work spearheading the backdoor implementation of Obamacare in Tennessee.

Bills like HB2839 by Rep. Charles Sargent have been introduced into the legislature, designed to build the exchanges required to comply with the Patient Protection and Affordable Care Act. While the bill was withdrawn today from the Tennessee General Assembly due to protest, this is still a sobering reality check with regards to the strength of will and character of our state government (or lack thereof).

In fact, Governor Bill Haslam has even accepted money from the federal government to build the health care exchange.


Idaho is Next to Introduce Sound Money Legislation

Idaho has become the third state to introduce sound money legislation in the last 12 months.  Idaho HB430 was recently introduced by Rep. Phil Hart which declares:  “”Gold and silver coin” means all such “gold and silver Coin” as are allowable for a state (a) to “make …a Tender in Payment of Debts” under the…


NDAA Action Alert in Tennessee

Legislative Alert: NDAA Nullification/Sheriffs First Bill to Be Heard in Committee This Week

The combination NDAA/Sheriffs First bill HB 2619/SB 2669 is heading to the General Subcommittee of the House Judiciary Committee on Wednesday, February 8.  This is the critical first step for the bill and we have to start swamping our legislators with contacts expressing our support for the bill, and demanding that our legislators do not weaken the bill by amending it.

To read more about the bill and what it does in nullifying not the just NDAA, but all unconstitutional actions of the federal government, click here.

Quite simply, this bill is Priority Number One here at TN-TAC.  Start contacting these legislators NOW to express your support, and let them know that you want the bill passed as written.  Remember to be polite and courteous, but firm in your contacts with our legislators.