Is “Something” Better Than “Nothing?” YES

Dear Delegates,

The watered-down versions of the Kentucky and Virginia Resolutions will be heard before the delegates on December 15, 1798. To ensure these resolutions will fail, it is CRITICAL that you contact the delegates and tell them to enact unreasonable penalties for those who enforce laws under the Sedition Act.

The federal government has spent the last three months fighting off nullification from Republicans Thomas Jefferson, James Madison and others. These resolutions are sure to nullify our federal overreach against the federal agents that try to inflict Sedition onto the people. These nullification resolutions will give the people local protection.

These efforts are aided by citizens at the local level, citing the Tenth Amendment, who want a victory at the federal governments expense. But now, Jefferson, Madison and others are walking around claiming that the people of the states are duty bound to use nullification.

What we need to do to kill these efforts that would stop the protection of federal agents who will inflict the Sedition Act on the people, regardless of what the Constitution says, is make the resolutions too unrealistic to pass.

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Madison County Tennessee Passes “Internet Sales Tax Opposition Resolution”

MadisonCoCourthouseMadison County Tennessee now has two firsts. The county was the first in Tennessee to pass a 2nd Amendment Preservation Resolution against federal gun control schemes, and now it is the first in Tennessee to pass an Internet Sales Tax Opposition Resolution.

The resolution is intended to protest and push back against the federal government’s efforts toward passage of an internet sales tax.

Commissioner Adrian Eddleman told the Tennessee Tenth Amendment Center that the resolution passed the Madison County Commission with the support of 15 out of 25 county commissioners.

The full text of the “Internet Sales Tax Opposition Resolution” is below.

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Action Alert: Tennessee Bills Moving the Week of April 15

600px-Tennessee_State_Capitol_2009The 2013 legislative session is coming to a close. But we still need your help contacting legislators about the bills that are moving. Important items moving this week include:

  • Stopping the Obamacare Medicaid expansion,
  • Putting major restrictions on the use of drone technology in Tennessee,
  • Two constitutional tender bills, and
  • Asset forfeiture reform.

You can follow our “Legislative Mischief Alerts” to several bills where we know legislators or perhaps even Governor Haslam are engaged in underhanded tactics to block good bills. Be sure to let legislators know you are on to these tactics when you contact them.

Please contact the legislators listed for each bill. Remember to be polite, but firm in your communications with legislators. Remember that on short notice phone calls always count for more than e-mails. We need to flood legislators with support for these bills.

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Kansas Governor Sam Brownback Signs 2nd Amendment Protection Act into Law

cfiles23937TOPEKA, KS (April 16, 2013) – Today, Kansas Governor Sam Brownback signed into law Senate Bill 102 (SB102), formerly HB2199 – the 2nd Amendment Protection Act.  In the wake of increased federal interest in restricting the right to keep and bear arms, the new Kansas law is the most comprehensive nullification of such acts thus far.

The new law nullifies a wide range of federal attacks on the right to keep and bear arms in the State of Kansas.  It states, in part:

Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas

In conjunction with Section 6a (quoted above), the bill defines what is meant by “the second amendment to the constitution of the United States,” and that it isn’t based off a decision of the supreme court.

The second amendment to the constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861, and the guaranty of that right is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.

State and local agents would be prevented from enforcing any acts or actions that are “null, void and unenforceable in the state of Kansas.”  Based off this text, the state of Kansas would not be allowed to participate in any federal gun control measures that restrict the individual right to keep and bear arms as understood in 1861.   

As Judge Andrew Napolitano has said recently, such widespread noncompliance can make federal gun control laws “nearly impossible to enforce” (video here)  This mass noncompliance with an unconstitutional federal act is both constitutionally sound, and very effective.  Read more about it here.  A future legislative session could also address how to further prevent federal enforcement should these steps prove to not be effective enough.

A JOBS BILL TOO

Supporters of the legislation also see the legislation as a jobs bill in that is specifically includes language from Firearms Freedom Acts that have been passed in various states since 2009.

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Federal Gun Legislation is Un-Constitutional

I have had many debates over this issue and it does not get any easier. Recently the New York State legislature passed a horrendous anti-freedom bill entitled the NYSAFE act. This legislation, that was passed in the middle of the night without proper debate, instantaneously made honest, law-abiding citizens criminals. It banned the possession of a myriad of innocuous semi-automatic rifles and magazines (not clips) that can hold more than seven rounds of ammunition along with many other ridiculous “feel good” items. It may well be that Commissar Cuomo and his Republican lackeys overstepped their bounds. You see, in New Yorks Constitution there contains a bill of “Civil Rights” much like the United States Constitutions “Bill of Rights”. New York Civil Rights – Article 2 – § 4 is New York’s Right to Keep and Bear Arms security. It states:

Right to keep and bear arms. A well regulated militia being
necessary to the security of a free state, the right of the people to
keep and bear arms cannot be infringed.

This is the exactly the same as the Federal Constitutions Second Amendment except the words “cannot be infringed” replaces “shall not be infringed”. Law suits are already in place to overturn this horrible piece of legislation.

If New York courts uphold this freedom denying legislation, which I believe is inevitable, then the People of New York have a couple of choices. Throw out the tyrannical legislators and King, oh I mean Governor, that helped enact it, or submissively acquiesce to it and grovel at the feet of their new Masters.

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Why Nullification? Because It Logically Flows From the System Itself

The following is a short excerpt from Our Last Hope: Rediscovering the Lost Path to Liberty

“If the deliberate exercise of dangerous powers, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself, as well as to provide for the safety of the parties to it, there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all state constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” – James Madison

St. George Tucker wrote the first extended, systematic commentary on the Constitution. Published in 1803, View of the Constitution of the United States served as an important law book for the next 50 years. Tucker explained the nature of the government formed by the Constitution

“The government thus established may be pronounced to be a confederal republic, composed of several independent and sovereign democratic states, united for their common defense, and security against foreign nations, and for the purpose of harmony, and mutual intercourse between each other; each state retaining an entire liberty of exercising, as it thinks proper, all those parts of its sovereignty, which are not mentioned in the Constitution, or act of union, as parts that ought to be exercised in common.”

The framers intended the states to serve as a check on federal power, and it logically follows that states should possess some mechanism to step in when Congress, the president or some ABC bureaucratic agency wields power it doesn’t rightly possess. Nullification provides the means to that end.

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Avoid Election-Day Registration

Carting uninformed, transient voters to the polls to vote for the political boss-man is a time-dishonored practice of demagogues everywhere. It has been proposed for Colorado, but it has no place here.

Some historical perspective: America has a long tradition of democratic governance. By the time our American Constitution was adopted, nearly all states had broadened their electorates greatly from colonial days. Property requirements were loosened. Several states allowed women to vote (formally in New Jersey, informally elsewhere). Free African-Americans cast ballots in at least five states.

This was all to the good. But the Founders also understood that democracy is not the same as ochlocracy (mob rule). They understood that, for democratic governance to work, the electorate must (1) be reasonably well informed, and (2) stand to lose personally as well as gain from the choices they make.  One of the Founders’ solutions—an imperfect one, to be sure—was to retain some modest property requirements. Several states also provided exemptions for people meeting other qualifications, such as gainful employment.

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Action Alert: Nullify the TSA in the State of Texas

Texas HB80, David Simpson’s Travel Freedom Act, would nullify unconstitutional TSA overreach in Texas.  It had a public hearing in the State Affairs Committee on 04/10/2013.  This bill will soon be up for a vote. Your help through phone calls and emails will move it on towards the full state house.

HB80 may have 45 co-sponsors but this bill has not moved fast through the legislative process. Please contact committee members to get this bill scheduled for a vote.

1. Contact the Committee Chairman. Thank him for the hearing and politely urge him to schedule a vote – and to vote YES on HB80.

Byron Cook (512) 463-0730

2. Contact all the other Committee members. Strongly, but respectfully, let each know that you want nothing less than a YES vote on HB80.

Helen Giddings (512) 463-0953
Tom Craddick (512) 463-0500
Jessica Farrar (512) 463-0620
John Frullo (512) 463-0676 

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Minnesota: Help Stop Drone Spying Now

In Minnesota, both houses have bills introduced that would nullify warrantless drone spying in the state of Minnesota. Both SF485 and HF612 have been sitting in committee since February. These bills need your help to move forward or they will die in committee.

Please contact the chairman of each of the committees and politely request that they schedule this bill for a vote. Also contact all the other committee members and strongly, but respectfully request vote YES on the specific bill.

Action Items for SF485.

1. Contact the Chairman of the Judicial Committee

Ron Latz 651-297-8065

2. Contact the members of the Judiciary Committee

Barb Goodwin 651-296-4334
Warren Limmer 651-296-2159 sen.warren.limmer@senate.mn
Richard Chohen 651-296-5931

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