The Mainstream Media Is Recognizing The Supremacy of Nullification

We at the Tenth Amendment Center have promoted the idea that nullification brings people from both sides of the political equation together. And although we have seen mainstream voices from the establishment left and establishment right come together to denounce nullification, the idea continues to catch on amongst the freedom-starved American people. One recent example of nullification catching on comes from the left as author W.W. Houston wrote a recent article for the Economist on May 9 triumphing the idea of nullification and states rights.

Houston began his article with an interesting anecdote about the founding of the Republic of Texas. According to legend, freedom fighters in Texas held up a flag over their cannon that said ‘COME AND TAKE IT’ in defiance of their Mexican oppressors. Houston brought up a recent bill that had passed the Texas House that declared all federal gun control laws to be null and void, comparing it to their revolutionary ancestors. Usually, you would expect a mainstream media outlet at this point to go on a tyrade against this legislation calling it “crazy”, “racist”, “extreme” and every other derogatory term they could come up with. However, this time the Economist has thrown us a curve ball and is actually running the pro-States Rights point of view.

The article goes on to give a solid description of the arguments and counter-arguments for nullification before closing tremendously with an eloquent defense of states rights. “The discretion of states to decide what federal laws they will enforce strikes me as part of a healthy division and balance of government power. Requiring that states devote its citizens’ resources to the enforcement of laws with which the state legislature disagrees seems to me straightforwardly to deny the democratic sovereignty of the state’s people,” Houston said.

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Arizona Voters Get Opportunity To Consider State Sovereignty Amendment In November 2014

PHOENIX, Ariz. ( May 15, 2013) – The people of Arizona haven’t had much to cheer about when it comes to assertion of state sovereignty to block unconstitutional federal acts. Several measures passed through the state legislature over the last two years, but none escaped the ink flowing from Gov. Jan “Finger-wagging” Brewer’s veto pen.

Last year, the Arizona governor vetoed a bill nullifying indefinite detention provisions written into the National Defense Authorization Act and a sheriff’s first initiative that would have required federal agents to notify the county sheriff before operating in their jurisdiction. During the latest legislative session, Brewer rejected a bill that would have allowed the use of gold and silver as legal tender in the Grand Canyon State.

But Brewer won’t have the opportunity to put the kibosh on a powerful state sovereignty bill  garnering final approval in the legislature Tuesday.

The people of Arizona will get the final say.

HCR1016 places a constitutional amendment on the November 2014 general election ballot. If approved by the voters, a direct mechanism will be created to help ensure that the use of state personnel and financial resources will only be authorized for activities consistent with the Constitution. That would functionally prohibit state cooperation with  federal enforcement of  gun “laws” violating the Second Amendment, or attempts to indefinitely detain people in Arizona under the NDAA. The provision would essentially end all state cooperation with  any unconstitutional acts across the board.

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Texas 2nd Amendment Preservation Act up for a Final Senate Vote

AUSTIN, Texas (May 15, 2013) – On Monday, the Texas State Senate Committee on Agriculture, Rural Affairs & Homeland Security approved a bill that would render almost all federal gun control measures toothless within the state.  House Bill 928 (HB928), by Representative Matthew Krause, was passed by a 102-31 vote in the State House last week, and was approved in Senate committee by a 3-1 vote on Monday.

If passed into law, HB928 would require that the state refuse to enforce almost all federal gun control measures enacted at anytime – past, present or future.    It reads, in part:

An agency of this state or a political subdivision of this state, and a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state, may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under the laws of this state.

This would make a HUGE dent in any new federal effort to further restrict the right to keep and bear arms in Texas. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). Quite simply, the federal government absolutely cannot enforce gun control in Texas without the help of Texas.

After passing the committee, the bill will now go to the State Senate to pass the bill.  Senate rules require that bills and resolutions be listed on the regular order of business and be considered on second reading in the order in which committee reports get to the Senate.  In other words, it’s essential that committee chair Senator Craig Estes get that report to the full Senate quickly. (UPDATE 05-15: Sen. Estes has finalized the committee report and the bill is going to the full Senate)  

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