Pennsylvania Town Makes First Move To Preserve The Second Amendment

Local resistance to unconstitutional violations of the Second Amendment continues to grow with the Mt. Holly Springs, Pa. council passing a resolution declaring that its citizens have the right to own firearms “free of unreasonable restraint and regulation.”

Council members voted unanimously May 14 to pass a resolution affirming the rights of its citizens to keep and bear arms.

The Second Amendment Preservation Resolution was based upon the Tenth Amendment Center’s model legislation and was proposed by resident Chris Rietmann. As reported in an article the Cumberland Sentinel, Reitmann explained why he proposed the bill saying, “I believe that the Framers of the Constitution chose their words carefully and, for the most part, it has worked very well for us for the last 200-plus years. I don’t believe you can legislate natural rights.”

The resolution is non-binding, and the city council chose to set aside a proposed Second Amendment Preservation Ordinance that would have nullified any federal gun control laws within city limits. The council sent the ordinance its legislative council for review.

Rietmann said the goal of the ordinance was to forbid borough officials, including the police, from assisting the federal government in carrying out what he called “acts that deny local residents their Second Amendment rights.”

Details

Warrantless Drone Surveillance Banned in Tennessee

On Monday, Governor Bill Haslam signed The Freedom of Unwarranted Surveillance Act, into law. This bill was introduced by Senator Mae Beavers, and had a roller coaster adventure through the legislative process. But it eventually passed – unanimously – in both state houses.  The tally was 32-0 in the Senate and 91-0 in the House.

The new law states that drones are prohibited with the following exceptions:

(1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States secretary of homeland security determines that credible intelligence indicates that there is such a risk;
(2) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone; or
(3) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life. (a very high bar in legal standards)

A party aggrieved by a violation of this bill may initiate a civil action against a law enforcement agency to obtain all appropriate relief, as determined by the court, in order to prevent or remedy a violation of the new law. Evidence obtained or collected in violation of this new law will not be admissible as evidence in a criminal prosecution in any court of law in the state.  Any law enforcement agency that uses a drone, or other substantially similar device to gather evidence or obtain information, must comply in all respects with the Fourth Amendment to the Constitution of the United States and article I, section 7, of the Constitution of Tennessee.

Details

MaddowBlog Smackdown Revisited

Steve Benen over at the MaddowBlog came back for round two after apparently realizing some things he didn’t know that he didn’t know.

After his last post on nullification, North Carolina Tenth Amendment Center state chapter coordinator William Kennedy roughed him up pretty good. And a post by Jonathan Adler over at the Volokh Conspiracy schooled him too. That got Benen’s attention, so he brought in “big gun”  law professor extraordinaire David Gans, the director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center.

Of course, big guns don’t do much more than make noise when loaded with duds.

Benen  rolls out a strategy typically used by keepers of approved opinion. First they try to make the unapproved idea go away with some conventional wisdom spoon-fed with a healthy dose of ridicule. If that fails, they bring in some guy with impressive credentials to couch the same fallacious conventional wisdom  in academic language.

So, let’s take a look at a few of Gans’ assertions.

“Nullification was a 19th century theory, identified most closely with South Carolina Senator John C. Calhoun…”

Details

Why Your Representatives are Not Representing You

In the time I have spent in the field of public policy, I’ve noticed people  like to post on social media platforms, talk about, or blog about how their representatives do not represent them, or do not wish to hear their concerns and suggestions. It also seems many people generally treat public policy with great distaste. They make it their objective to deter people from voting, from “working within the system”, and from attempting to “change things from within.”

These folks are understandably angry because of a perceived lack of representation and diminishing faith in the constitutional system.

They may have a point. But how many times do you think those individuals have actually gone out of their way to communicate with their local or state representatives? How many people actually spend time working to direct change? How many people, out of the millions in our republic, actually spend time talking about solutions with their representatives?

Maybe part of the problem is that we aren’t proactive enough.

Our elected officials pack their days with committee hearings, floor sessions, speaking engagements, radio/television interviews, and press conferences. It’s reasonable to assume that their time is at a premium. So, if you want good representation, you need take the time to schedule a meeting. Then show up prepared with an objective, a solution, and a positive attitude. This will go a long way toward developing a strong two-way relationship with your representative. They aren’t used to this kind of effort, and it WILL have an impact.

Details