New Flyer Explains How the States Can Use the Constitutional Amendment Process to Curb the Feds (Article V)

The Founders built various checks and balances into the Constitution. One of the most important was the power of state legislatures to propose constitutional amendments to curb an abusive federal government. The Founders placed the procedure in the Constitution’s Article V. The Founders would be astonished—and chagrined—to learn the process has never been used. If…

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Will Mississippi Become State #19 to Nullify Federal Marijuana Laws?

Mississippi State Senator Deborah Jeanne Dawkins has introduced a bill that would reverse state law and legalize the use of marijuana for specified medical purposes.

SB 2369 would amend the Mississippi Code concerning marihuana. The text of the bill simply states that it is:

“An act to authorize the medical use of marihuana by seriously ill patients under a physician’s supervision; to define certain terms; to provide an exemption from criminal and civil penalties for the medical use of marihuana; to provide limitations on the medical use of marihuana; to provide a legal defense for patients and primary caregivers; to amend sections 41-29-113 and 41-29-115, Mississippi code of 1972, to transfer marihuana from schedule i to schedule ii under the controlled substances law; to amend section 41-29-139, Mississippi code of 1972, to exempt the medical use of marihuana from criminal penalties under the controlled substances law; and for related purposes.”

This bill, if passed, would effectively nullify federal marijuana laws through non-compliance with the state no longer following federal marijuana laws. In 2005, the Supreme Court ruled against medical marijuana in the states in the case Gonzalez vs Raich. The attorneys general of Alabama, Louisiana, and Mississippi, three strongly anti-drug states from the usually conservative South, filed a brief supporting Raich on the grounds of states’ rights. Already, 18 states have marijuana laws on the books – 2 of which are full legalization and not just for medical purposes – leading to an effective nullification of unconstitutional federal laws and regulations on that plant.

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Colorado Legislation would Nullify Federal Gun “Laws”

Colorado State Senators Marble, Balmer, Baumgardner, Brophy, Cadman, Crowder, Grantham, Harvey, Hill, King, Lambert, Lundberg, Renfroe, Scheffel along with State Representatives Saine, Sonnenberg, Buck, Everett, Holbert, Humphrey, Joshi, Landgraf, Nordberg, Priola, Rankin, Wilson, Wright have introduced a bill that would stop new federal gun control “laws” at the state border. (Legislators without links are new and the state has not setup pages for them as of the writing of this post.)

SENATE BILL 13-140 would not only block any new federal firearms bills but also blocks federal expansion of the” interstate commerce clause” on any firearm, accessory, ammunition, ammunition magazine manufactured in and retained within the state. The Constitution gives authority to Congress to regulate Interstate Commerce (to make regular not to limit) but it does not authorize interference in intrastate commerce i.e. commerce solely within the borders of a state. The text of the bill simply states that:

“An employee, agent, or agency of the state, including but not limited to a peace officer, shall not enforce or attempt to enforce any statute, rule, regulation, order, action, or act of the United States government that relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:

  • Is manufactured commercially or privately within Colorado; and
  • Remains exclusively within the borders of Colorado.

This bill, if passed, would make any federal gun control bill in effect on or after January 1, 2013 “unenforceable within the borders of Colorado” if it limits the citizens of Colorado access to firearms, ammunition and firearm accessories if the statute, rule, or regulation purports to:

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Oklahoma Senate Considers bill to Nullify Obamacare

On Monday February 4, 2013, Patrick Anderson [Senator, District 19] will have the First Reading of  SB 93.  This Bill is a direct frontal assault to the Patient Protection and Affordable Care Act, as well as the Health Care and Education Reconciliation Act of 2010.  SB 93 is based The Tenth Amendment Center’s model legislation for nullification, and would be a powerful deterrent if enacted.

When a piece of legislation begins with:

“1. The people of the several states comprising the United States of America created the federal government…”

Is then followed by:

“2. The Tenth Amendment to the United States Constitution defines the total scope of federal powers……”

And buttressed with:

“3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” (Public Law 111-148, March 23, 2010) and “Health Care and Education Reconciliation Act of 2010″ (Public Law 111-152, March 30, 2010) is nowhere expressly granted by the United States Constitution and interferes with the right of the people of the State of Oklahoma to regulate health care as they see fit.”

Then concludes:

“2A.  The Legislature of the State of Oklahoma declares that the federal laws known as the “Patient Protection and affordable Care Act” (Public Law 111-148) and the “Health Care and Education Reconciliation Act of 2010″ (Public Law 111-152), signed by President Barack Obama on March 23 and 30, 2010, are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers, and are hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.”

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Michigan Legislature Works For Firearms Freedom

Michigan is yet another state that is fighting for its residents’ right to keep and bear arms. Over a dozen State House members are co-sponsoring a Firearms Freedom Act that was introduced on Jan. 24.

House Bill 4099 is supported by Reps. MacMaster, Genetski, Lauwers, Rogers, McMillin, Somerville, Pettalia, Daley, Rendon, Kurtz, Haveman, Kelly and Johnson and is intended to stop the federal gun grabbers from controlling firearms made within the State of Michigan. Michigan joins Pennsylvania, Texas, Tennessee, South Carolina and a whole slew of other states that are battling back against federal gun control measures with legislation introduced during the 2013 session.

The bill asserts state sovereignty and affirms the natural rights of its citizens stating, “Amendment II of the constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Michigan was admitted to statehood, and the guaranty of the right is a matter of contract between the state and people of Michigan and the United States as of the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.”

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