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Coming off election victories in six states, the nullification is moving full steam ahead. This morning, Texas state Representative David Simpson filed House bill 80, the Texas Travel Freedom Act. If passed, the new law would make it a criminal act to intentionally touch “the anus, breast, buttocks, or sexual organ of the other person, including touching through clothing,” without probable cause in the process of determining whether to grant someone access to a public venue or means of public transportation.
The act also provides additional protection for minors.
A public servant acting under color of his office or employment commits an offense if he…removes a child younger than 18 years of age from the physical custody or control of a parent or guardian of the child or a person standing in the stead of a parent or guardian of the child.
If passed, the law would prevent TSA agents from carrying out the most intrusive pat-down searches at airports across Texas. Tenth Amendment Center communications director Mike Maharrey said it only makes sense to put limits on these types of personal searches.
“If you walk up to somebody and grab their crotch out on the street, it will land you in jail. Blue uniforms and federal badges don’t grant some goon the power to sexually assault you, or at least they shouldn’t. A person doesn’t forfeit her or his personal dignity with the purchase of an airline ticket.”
Simpson said that since the federal government won’t back off of these intrusive and unconstitutional searches, the responsibility of protecting its citizens falls to the states, and ultimately the people themselves. Simpson will talking about this legislation further when he joins Tenther Radio as a guest this week. Tune in live on Wednesday night at 9pm eastern at radio.tenthamendmentcenter.com
In Alabama, where people voted to ban health mandates by a margin of 60%-40%, Governor Robert Bentley seems to be stepping up to follow the instructions of the people there. In a press release after the vote, he stated, “The worst piece of legislation that has ever been passed in my lifetime by Congress is this quote ‘Affordable Health Care Act. It is not affordable and it is not health care. It is the worst — ah, I said that. I don’t have to say it twice.”
“They have made a mistake in the bill,” he continued. “When they wrote the bill, they only talked about state exchanges. So if I refuse — like a lot of conservative governors are doing — to set up a state exchange, then it’s going to throw a monkey wrench in all of the stuff that’s going on. And I’m telling you folks, the states may be the last great hope — to be the firewall — against the implementation of this health care bill.”
It appears Gov. Bentley is not swayed by the SCOTUS decision at all. He appears to be moving towards following the instructions of the people of his state and making the 10th Amendment his line in the sand.
Following Bentley’s lead, Governors in two other states are talking about making similar moves. In Kansas, Governor Brownback was clear when he said “My administration will not partner with the federal government to create a state-federal partnership insurance exchange because we will not benefit from it and implementing it could costs Kansas taxpayers millions of dollars.”
And in Missouri, Democratic Governor Jay Nixon is under direction of the people there as well. In 2010, Missouri residents voted for a health freedom amendment similar to the one’s approved this month by Alabama, Montana and Wyoming. And on November 6th, Missouri had a follow up vote – to reject the creation of an exchange without a legislative act or a vote of the people. He said this, “The only option for Missouri at this time is to indicate that we will be unable to proceed with a state-based exchange absent a change in circumstances.”
We believe the statement from both governors should have reflected a view that the bill is unconstitutional, no matter who might or might not benefit or what it may or may not cost. But the bottom line remains, rejecting exchanges is a good first step towards nullifying it.
In Washington State, where voters passed Initiative 502 to legalize the sale, production, possession and consumption of marijuana for personal reasons, we are already beginning to see the early effects, and it’s tilting towards positive for the people there.
In King and Pierce counties in Washington State, prosecutors are already dismissing more than 220 marijuana cases in response to this month’s vote to legalize pot. While the federal government has insisted that federal law reigns supreme not matter what, and that they’ll continue to enforce their so-called laws banning a plant in defiance of the will of the People there, it appears that they might not have the manpower to do so.
In Washington DC, Republican Speaker of the House John Boehner solidified the strategy needed to rid the country of Obamacare – nullification. How? By making clear that he is part of the problem. Boehner, as many already know, told Diane Sawyer of ABC News that he’s dropped Obamacare repeal from his priority list because the election made it “law of the land”
But as Tenthers nationwide already know, John, Obamacare certainly is NOT the law of the land. It never was. The Constitution is. And since the constitution doesn’t authorize the federal government to be involved in the health care business, it’s up to the states to stand up and resist – to nullify the unconstitutional federal act.
As we’ve seen in Montana, Wyoming, Alabama, Missouri and Kansas, the states are most certainly moving in that direction.
And closing today, newly added to the Tenth Amendment Center’s list of model nullification legislation. First, an updated version of the Federal Health Care Nullification Act. Get it online at tenthamendmentcenter.com/obamacare. Next, the Sheriff’s First Act. This bill would make it a state crime for any federal agent to make an arrest, search, or seizure within the state without first getting the advanced, written permission of the elected county sheriff of the county in which the event is to take place. Get it online at tenthamendmentcenter.com/sheriffsfirst. And finally, the Privacy Protection Act. This legislative package is a state-level response to the forthcoming expansion of drone-use by law enforcement agencies within the United States. It is designed to severely restrict or ban their use on a state level. Get it online at tenthamendmentcenter.com/nullifydrones