Judges? We Don’t Need No Stinking Judges

In response to my latest column I received an e-mail from Bill Walker, co-founder of the Friends of the Article V Convention. The text of the e-mail was also posted as a comment on the original post.

My point with this post isn’t to burn bridges or start some feud between organizations that have similar goals in mind, namely restricting federal power. But I do think it’s important to understand both what we’re up against and where each organization comes from. So, with that in mind, allow me to expand on a few points by addressing Mr. Walker’s comments.

He writes: “[Joel Poindexter] provides no proof where any judge has ever ruled the states have such authority [to use nullification].”

This assumes that the states need approval from the Feds before they can nullify the Feds, and as the title of this post states, “we don’t need no stinking [judges].” And to that point, let me first suggest that if any judge with any clout ever ruled that a state can nullify an unconstitutional “law,” as determined by that state, we’d likely be in far better shape. Any judge who would side with a state on this issue isn’t likely to acquiesce to federal overreach in the first place, and since judges are appointed to the bench by politicians, we’d have to assume this judge had a similar outlook on federalism.

It’s because judges aren’t overturning unlawful “laws” that nullification is even necessary, so who needs them? That’s sort of the point of nullification; it essentially removes the Feds from the equation, since by the time a state has decided to nullify something, the Feds must have failed somewhere in the process. Whether it’s a legislature with an overly broad interpretation of the commerce clause, an executive who decides to write his own laws or a court without the moral fiber to strike down one of the former, nullification is the answer.

Details

To insult, or not to insult? Is that the question?

Recently,  Politico ran an article Obama interrupted by heckling reporter by Byron Tau and Donovan Slack, discussing The Daily Caller reporter, Neil Munro, who interrupted President Obama’s speech by asking a critical question.  This event stirred some controversy in the comments section following the article.

The article stated:

In a surprising breach of etiquette, President Barack Obama’s Rose Garden remarks on Friday were interrupted by heckling from reporter Neil Munro of the website Daily Caller, whose editor-in-chief is conservative commentator Tucker Carlson.

Following the article, many internet commentators suggested that this reporter wasn’t showing the President the proper respect he deserves.  I totally disagree with this point of view.

Details

Tenther News: 06-25-12

This episode is made possible in part by the new Nullification Movie. Now available for pre-order at tenthamendmentcenter.com/movie

+

*******

Last week, Michigan joined the swelling ranks of states considering legislation that would effectively block any state cooperation with federal officials seeking to detain Americans under provisions in sections 1021 and 1022 of the National Defense Authorization Act.

State Rep. Tom McMillin introduced HB5768. The legislation would prohibit any state agent, state employee or member of the Michigan National Guard from assisting “an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to 50 USC 1541, as provided by the federal national defense authorization act for fiscal year 2012, Public Law 112-81, if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state.”

Five cosponsors signed on to the bill, including two Democrats and a 10-year Air Force veteran.

If you live in Michigan, you are urged to contact your state representatives – especially members of the Government Operations Committee and strongly encourage them to pass HB5768 out of committee.

*******

From a report by TAC communications director Mike Maharrey, we learn that New Hampshire took a small stand against implementation of the Patient Protection and Affordable Care Act last week.

Details