Texas: Nullify the NDAA!

Nullify NDAA Sections 1021 & 1022 In Texas. Here’s The Words. Which Texas Legislators Will Add The “Music”?

The Texas Liberty Preservation Act

(The nullification of Sections 1021 and 1022 of the National Defense Authorization Act of 2012)

Whereas, the Tenth Amendment to the United States Constitution provides the United States federal government authorization to exercise only those powers delegated to it in the Constitution (Article 1, Section Eight) and nothing more. The guaranty of those limitations on federal power is a matter of contract between the several states in general, the citizens of the state of Texas in particular, and the federal government of the United States at the time the Constitution was agreed upon and adopted.

Whereas, Article VI, Clause 2, of the Constitution of the United States provides that laws of the United States are the supreme law of the land provided they are made in pursuance to the powers delegated to the federal government in the Constitution.

Whereas, the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law 112-81, is inimical to the liberty, security, and well being of the citizens of the state of Texas, and was adopted by the United States Congress in violation of the limits of federal power authorized by the United States Constitution.

Whereas, the Office of the President of the United States has asserted the 2001 Authorization for the Use of Military Force Against Terrorists allows for the President to indefinitely detain, without charge, persons including United States citizens and lawful resident aliens, whether or not they are captured within the confines of the United States.


No More Solyndras? Not Quite

Last week, the House Energy and Commerce Committee passed the “No More Solyndras Act.” As Taxpayers for Common Sense notes, however, the bill should probably be called the “More Solyndras Act” because it would still allow the Department of Energy to approve loan guarantee applications that were submitted by Dec. 31, 2011. Today the House Energy…


Tenther News: Small Government Frauds, Government Wiretapping, and Commerce Clause on Life Support

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


From Tad DeHaven of the CATO Institute. Ranting Against Big Government, But Voting for It

Congressman Mike Kelly (R-Pa.) recently made some news by unleashing an oratorical blast against the stifling regulatory regime in Washington. It’s good stuff, but, unfortunately, Rep. Kelly’s anti-big government credentials are questionable.

The Pennsylvania freshman Republican is a member of the so-called “Tea Party Class.” His campaign websitesays the following:

America needs to have a business conversation. Along with many of his colleagues in the 2010 freshman class, Rep. Kelly has played a role in changing the debate from “How much do we grow government” to “How much do we shrink government.” If nothing else is accomplished in the 112th Congress, both sides of the aisle are now acknowledging that we cannot continue to bankrupt the future for our children and grandchildren. Mike has supported, voted for and co-sponsored a number of pieces of legislation that aim to reduce the size and scope of government. As long as he is serving the 3rd Congressional District, Mike will continue to be an unwavering voice for fiscal responsibility in Washington.

But, as DeHaven notes, far from being an unwavering voice, On six recent votes Kelly voted for big government every time:

-He voted against an amendment that would have terminated the Economic Development Administration.
-He voted against an amendment that would have defunded the Advanced Manufacturing Technology Consortia program, a new corporate welfare program requested by the Obama administration.
-He voted to reauthorize the Export-Import Bank.
-He voted against an amendment that would have terminated the Essential Air Service subsidy program.
-He voted against an amendment that would have shut down the Department of Energy’s Title 17 loan guarantee program—the program that gave birth to Solyndra.
-He voted against an amendment that would have terminated the Community Development Block Grant program.

So much for walking the walk…

From Nick Hankoff, the federal farm bill is still in limbo. And so is the commerce clause. Before Congress vacays for most of August, the 2008 Farm Bill will either be extended or replaced by a new 2012 version. One of the great debates to rise from this issue centers around Congressman Steve King’s (R-IA) amendment which nullifies state laws restricting trade with other states on issues of agriculture and food safety. Get this: some progressives are upset about a conservative citing the “power to regulate”


House Passes Bill Eliminating Senate Approval of Presidential Appointments

By a vote of 261-116, the House of Representatives passed a bill rewriting Article II of the Constitution and divesting the Senate of the power to accept or reject the appointment of many presidential nominees.

Last year, the Senate passed the measure by a vote of 79-20, so it now goes to the desk of President Obama for his signature.

“Important positions will be filled faster, government agencies will be more capable of offering valuable services to their constituents, and the overall confirmation process will be more efficient,” said Senator Joseph Lieberman (I-Conn.), chairman of the Senate Homeland Security and Governmental Affairs Committee.

Dozens of key management positions in the Departments of Agriculture, Defense, Commerce, and Homeland Security (including the treasurer of the United States, the deputy administrator of the Federal Aviation Administration, the director of the Office for Domestic Preparedness, and the assistant administrator of FEMA) will now be filled by presidential edict, without the need of the “advice and consent” of the Senate, a phrase specifically removed from the process in the text of the bill.

Although the House vote occurred on Tuesday, the Senate voted to surrender its constitutional check on the executive over a year ago on June 29, 2011.

Despite a last-minute attempt by some House leaders to put the measure to a voice vote, thus allowing members to vote in favor of the legislation without being listed on the record, a roll call vote was taken, and the name of every congressman who voted to unconstitutionally neuter the legislative branch is listed.