To Some, the Tenth and Nullification is Taboo

With a quip typical of a main stream media talking head, Scott Keyes traversed some well worn turf in the article entitled “Strict Constitutionalist’ Ron Paul Endorses Nullification As A ‘Very Good’ Idea”. In the post, Keyes attempts to justify federal legislative oversteps by referring to any act of congress as “the supreme law of the land” and thus, are good to go.  He makes no distinction in this assertion for the sovereigns of the state, or the individual.

It’s sad really…

As the Constitution lays out the framework for our great republic, the first ten amendments guarantee that the government cannot encroach on, or take away our freedom and liberty.

Our natural rights.

You might recall those. We have been losing a lot of them lately.

He comes to this conclusion by referring to the test of the Constitution which “states clearly that acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding”

Keyes interpretation of the constitutional passage show no regard for the Ninth or Tenth Amendments.


West Virginia steps up to the plate to block NDAA kidnapping

Momentum continues build against detention provisions in the National Defense Authorization Act.

Last week, lawmakers in a ninth state introduced legislation to block implementation of the act within state borders. West Virginia House Delegate Carol Miller (R-Cabell), along with five cosponsors, introduced HB4627. The bill would “amend and reenact §15-1-6 of the Code of West Virginia, 1931, as amended, relating to restricting certain aid to the Armed Forces of the United States by West Virginia agencies and employees that would place them in violation of the United States Constitution, the Constitution of West Virginia, any provision of the Code of West Virginia, any act of the Legislature or any rule in the West Virginia Code of State Rules.”

West Virginia’s liberty preservation act contains verbiage almost identical to Virginia HB1160, which passed that state’s Senate 39-1 on Tuesday. It would prohibit any agency, political subdivision or employee of the state, including the West Virginia National Guard, from cooperating or aiding the federal government in unconstitutional indefinite detention of U.S. citizens.

Earlier this week, Pres. Obama released a Presidential Policy Directive, which set forth procedures for implementing section 1022 of the NDAA. The directive makes clear Obama does not interpret the section to apply to “non-U.S. citizens.” Some supporters of NDAA detention argue this proves the language in the act poses no real threat. Tenth Amendment Center communications director Mike Maharrey disagrees.


Compassionate Use Act for Medical Cannabis Introduced in West Virginia

Delegate Mike Manypenny (D) has introduced a bill to allow the legalization of small amounts of marijuana by adults for medical purposes.

House Bill 4498 would amend the “Code of West Virginia, 1931, as amended, by adding thereto a new article, designated … all relating to creating the Compassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis; limitations of article; prohibiting discrimination; authorizing addition of debilitating medical conditions; registration of qualifying patients and designated care givers; issuance of registry identification cards; affirmative defense and dismissal for medical marihuana; providing misdemeanor offense and  criminal penalties for disclosing certain information; and otherwise provides for the enforcement of this article

Language in the bill points out that “Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon, Vermont, Rhode Island, Washington state and the District of Columbia, have removed state-level criminal penalties from the medical use and cultivation of marihuana.”

If passed this bill it would put West Virginia in conflict with federal laws asserting it is still illegal to use, buy and sell marijuana.