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

TOPEKA, 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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Alabama Action Alert: Nullify Warrantless Drone Spying

Alabama SB317, the Freedom from Drone Surveillance Act, passed the State Senate judiciary committee unanimously, 8-0.  It will soon have a third reading and final vote in the state senate and needs your help to move forward!

This bill is currently the strongest anti-drone spying bill in the country, and your calls today can move it out of the Senate and on to the state house.

ACTION ITEMS

1. Contact your State Senator.  Strongly, but respectfully, urge a YES vote on SB317

contact info here:
http://www.legislature.state.al.us/misc/zipsearch.html

2. Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

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Michigan: Act Now to Help Nullify NDAA Indefinite Detention

Michigan HB4138, a bill that seeks to nullify NDAA indefinite detention in the state, has passed out of committee unanimously and will head to the State house floor very soon.  The companion bill, SB94, already passed in the senate, and your help is needed to keep the momentum going!

This is the final push in the House, so please take action today!

ACTION ITEMS

1. Contact your State Representative.  Strongly but respectfully, urge him or her to vote YES on HB4138 and oppose federally sanctioned kidnapping in Michigan.

http://house.michigan.gov/MHRPublic/

2. Encourage your local community to take action as well.  Present the Liberty Preservation Act to your city county, your town council, or your county commissioners.  Various local governments around the country are already passing similar resolutions and ordinances.  Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention

Model legislation here:
http://tenthamendmentcenter.com/ndaa   

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