Pitching the Tenth or promoting the Tenth? Clear Choice

In reviewing Charles P. Pierce’s “Pitching the Tenth” article which recently appeared on Esquire.com, it is always amazing to me when those of the left, tell us exactly who they are by projecting their values, or lack of values, upon their perceived enemies.

Mr. Pierce bases much of his article on Kenneth Stern the author of The Force Upon the Plain, who is preoccupied with ‘Politics of Hate,’ along with armed citizens. Also quoted is a former Colorado State Senator, Charlie Duke, who has fallen on hard times and who has been discredited by some on the left. The article, not showing the skill set of a journalist of 36 years, attempts to credit the ‘militia movement’ as the driving force behind the ‘Tenther movement’ and also the driving force behind “Tenth Amendment Resolutions” in numerous states. Oh, and the militias are forcing the establishment Republican candidates to join in so they can be elected. The militias are also causing State governments to be corrupt. Seriously, is there anyone or thing that the militias don’t influence?

Wow, I don’t know what to say. Well, let’s see, maybe,” The militias are coming , the militias coming.”

But wait a minute; the use of force is exactly what the left does. Maybe that’s why they’re so paranoid over the militias. They don’t call their troops militias, but they have and are using force in groups such as Acorn, SEIU, and other unions to move their progressive agenda. It will happen in Obama ‘s proposed mandatory civilian service corps if it is ever formed.

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Utah legislature unanimously passes anti-NDAA detention resolution

After some back-and-forth, and give-and-take, both the Utah House and Senate unanimously passed a compromise resolution addressing the detention provisions in the National Defense Authorization Act.

SCR11 “expresses concern” over the indefinite detainment in the NDAA and “urges the United States Congress to clarify, or repeal if found necessary, Sections 1021 and 1022 of the 2012 NDAA to ensure protection of the rights guaranteed by the United States Constitution and the Utah Constitution.”

The resolution also reaffirms the right to due process under both the U.S. and state constitutions.

WHEREAS, the indefinite military detention of a citizen in the United States without charge or trial violates the right to be free from deprivation of life, liberty, or property without due process of law guaranteed by the United States Constitution, Amendment V and Utah Constitution, Article I, Section 14.

The final version of the resolution was not as strongly worded as the bill passed by the House, which expressed “disapproval of” sections 1021 and 1022, included more emphatic language describing the intent of those sections and called for outright repeal. But the compromise resolution was much stronger than the tepid bill first passed by the Senate. (Read about the legislative wrangling HERE.)

Ultimately, lawmakers hammered out differences in a conference committee. The final resolution passed the House 71-0 (with four not voting) and sailed through the Senate 26-0 (with three not voting).

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Missouri Nullification Bill HB1534 makes progress, but action still needed

On March 6, 2012, the Public Hearing portion was completed on HB1534.

The Jeffersonian style nullification bill declares the federal Patient Protection and Affordable Care Act as unauthorized by the United States Constitution, and creates criminal penalties for persons enforcing or attempting to enforce the act. While the bill has been promised a prompt reporting following the public hearing, Spring Break will likely slow down the progress of this important act.

What we need to do now is to encourage the Missouri Speaker of the House, Rep. Steven Tilley, and Rep. John Diehl (Chairman of Rules Committee) to keep HB 1534 in the forefront. Politely explain why you are serious about the protection of you and your children’s healthcare freedom. And don’t forget to send a short thank-you to Rep. Kurt Bahr (bill sponsor), and Rep. Ward Franz (Chairman of General Laws Committee), and let them know you appreciate their work in protecting your freedoms through HB1534. Remember – If this should pass in Missouri, it will help serve as an example of how to preserve freedom in those states where  Federal nullification efforts are under way.
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Alleghany County NC Rejects NDAA Indefinite Detention

On March 5, 2012, Alleghany County Commissioners in a unanimous vote joined eight other counties, towns and cities across the country saying NO to the indefinite detention provisions of the NDAA. There are already 10 states also considering the same – including neighboring Virginia where a bill passed both houses in the legislature by a wide margin. The bill has been forwarded to the Governor’s office for signing.

These Resolutions from counties, towns and cities are clearly sending a signal to their respective state governments that they expect them to make a stand against these new “intolerable acts” that have been handed down by the federal government.  These NDAA provisions are so onerous and a threat to our liberties, so clear that they have brought together in opposition people of all different political persuasions.

The Reslution states in part:

WHEREAS, Sections 1021 and 1022 (or any wording as the bill is modified) of the National Defense Authorization Bill, SB 1867, jeopardize the
fundamental rights of American citizens to remain free from detention without due process and the right to habeas corpus in direct contravention of the guarantees of the Bill of Rights and the United States and North Carolina Constitutions; and

WHEREAS, it is indisputable that the threat of homeland and international terrorism is both real and viable, and that the full force of appropriate and constitutional law must be used to defeat this threat so that terror never wins; however, winning the war against tenor cannot come at the great expense of mitigating basic, fundamental, constitutional rights using rules, laws, regulations, bill language or executive orders;

Dennis Smith, a local Alleghany County resident, cited a media press conference put on by the Tenth Amendment Center partnered with the Bill of Rights Defense Committee and Demand Progress in a statement to commissioners. The press conference highlight state and local action against NDAA detention provisions.This bi-partisan event featured both Democratic and Republican Party officials, and also well-known civil liberties activists Naomi Wolf, who served as an adviser to Vice Pres. Al Gore, and Bruce Fein, an attorney and former Justice Department official under President Reagan.

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Leaving No Child Left Behind Behind

Though it expired in 2008, No Child Left Behind, the sweeping Bush-era education act that was passed in 2001 is still in effect, because federal lawmakers won’t just let it die.

“It’s time for it to go,” says Rep. Linden Bateman, R-Idaho Falls who believes that the law has forced educators to teach to a test and ignore other subjects, while unfairly labeling schools as “failing.” “It’s provided completely unrealistic expectations.”

HOUSE JOINT MEMORIAL NO.8 (2012) – No child left behind/request repeal per Rep. Bateman is a nonbinding and toothless resolution. Still, his position puts him at odds with the state’s education department, which wants to see the act re-authorized.

The question should be whether the federal government had the authority to enact the law in the first place. A cursory reading of the U.S. Constitution will not reveal the ‘educational clause’ or anything else to justify the Department of Education, or any laws that would mandate virtually unfunded educational requirements  placed on the States. So, if the federal government does not have the authority to do something, do they have the authority make others do it? Can you appropriate moneys for something you don’t have the authority to do so that you can ‘bribe’ others to do it?

“I’ve read the Constitution 100 times,” Bateman says. “I can’t see even a slight mention … that gives the feds any power in the field of education.” [The Constitution] does not say that the Federal government supersedes State laws and customs… instead, in that document’s own 10th Amendment, it states that “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”

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ACTION ALERT! Utah lawmakers wrangling over NDAA resolution

SALT LAKE CITY (March 8, 2012) – Lawmakers in Utah continue to wrangle over a resolution condemning the detention provisions in sec. 1021 and 1022 of the National Defense Authorization Act.

Originally, SCR11 expressed “strong disapproval” of sections 1021 and 1022 of the NDAA, and called for the repeal or clarification of the offending provisions.  Ultimately the Senate gutted the resolution through amendment, changing “strong disapproval” to “concern.” The amended bill also removed the call for repeal and stripped out language referring directly to the detention provisions in the NDAA.

NOW, THEREFORE, BE IT RESOLVED that the Legislature of the State of Utah, the Governor concurring therein, urges the United States Congress to clarify Sections 1021 and 1022 of the 2012 NDAA…

The Senate passed this tepid resolution 28-0 on March 2, sending it to the House for consideration.

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Rhode Island makes it 10 states fighting NDAA detention

PROVIDENCE R.I. (March 7, 2012) – Rhode Island Rep. Dan Gordon presented a resolution to the House floor condemning detention provisions in the National Defense Authorization Act Tuesday, with a majority of his fellow representatives signing on as cosponsors.

Gordon garnered 43 cosponsors for the H7916. It only needs 38 votes to pass the House.

That brings the total number of states considering some action opposing the kidnapping provisions in the NDAA to 10.

The resolution meticulously lays out the case against NDAA detention provisions, specifying 10 violations of the Rhode Island Constitution. The resolution then emphatically condemns federal detention without due process.

RESOLVED, That this House of Representatives of the State of Rhode Island and Providence Plantations hereby finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112-81, is inimical to the liberty, security, and well-being of the people of Rhode Island, and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.

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Corporate Welfare: A Bipartisan Love Story

I have previously discussed how multiple levels of government work together to provide businesses with taxpayer money (see here and here). And while Republican policymakers have enjoyed making political hay out of the Obama’s administration’s Solyndra problem, the truth is that both parties are willing partners in the corporate welfare racket.

The state of Indiana continues to be a perfect example. In March 2010, NPR ran a piece on the Obama administration’s efforts to “stimulate” the city of Elkhart, which at one point during the recession had the nation’s highest unemployment rate. The story was hopefully titled, “Electric Vehicles May Energize Elkhart’s Future.” One year later, the title of a new NPR piece on Elkhart is a little different: “As Elkhart’s Electric Dreams Fizzle, RVs Come Back.”

The new piece focuses on the failure of Think, an electric vehicle manufacturer, to deliver upon the promises made by the company and the politicians who gave them taxpayer handouts:

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