Surprise: Constitutional Law Professor Lies About the Supremacy Clause.
“The [State] legislature can pass anything it wants,” said Sam Kamin, a constitutional law professor at the University of Denver. “The Supremacy Clause of the Constitution makes that clearly unconstitutional. Where there’s a conflict between state and federal law, the federal government is supreme.” “Kamin and other legal experts said such disdain of Obama’s proposals [...]
NDAA Nullification: Status of Bills Around the Country
Now that State legislative sessions for 2013 are starting to get underway, it’s a good time for a quick overview of who’s looking at bills to nullify NDAA kidnapping powers (the ones called “indefinite detention”). In 2012, Virginia became the first state to pass a law along these lines. And, while Arizona and Michigan were [...]
Educating Virginia Governor Bob McDonnell on Health Exchanges
In a recent interview on Fox News, Virginia Governor Bob McDonnell implied that his state might not set up a state insurance exchange under the Affordable Care Act. In fact, as things stand right now, he wouldn’t. “If I had to make a decision today, we would not elect to have a state-based exchange,” he [...]
Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents
At the close of 2011, Barack Obama signed the National Defense Authorization Act for the year 2012. In it are what some constitutional experts consider to be some of the greatest constitutional violations in American history. At issue are sections 1021 and 1022 which, in essence, create a new power for the federal government to [...]
John Boehner, Get out of Our Way
John Boehner, speaker of the House, has told the world that repealing Obamacare is no longer his mission. In his own words: Diane Sawyer, ABC News: You had said, next year, that you would repeal the healthcare vote. Is that still your mission? Speaker John Boehner: I think that the election changes that. It’s pretty [...]
Colorado and Washington State tell DC to Go to Hell
Imagine this hypothetical nightmare – the Federal Government passes an outright ban on the ownership of firearms. You know this violates your natural rights. You know this violates the Constitution. Someone gets the idea that this needs to go to court. It ends up in the Supreme Court. After some creative legal reasoning, 5 of [...]
18 and Counting: Massachusetts Voters Nullify Federal Marijuana Laws
Marijuana. Pot. Weed. Medicine. Whatever you call the plant, Washington DC considers it dangerous and illegal. Laws on the books in Congress – illegal. The executive branch – aggressive about enforcing those laws. The supreme court – in 2005 ruled against the idea of states legalizing for any purpose. But yet, 17 states have been [...]
Interstate Compacts, a Clarification
On last night’s episode of Tenther Radio, Health Care Compacts were the primary discussion. (listen to the show here). There was a constitutional issue that was a sticking point – how do Interstate Compacts become valid? Let’s begin with the Constitution, Article I, Section 10: “No State shall, without the Consent of Congress…enter into any [...]
The Constitution is not Self-Enforcing.
NOTE: The following was submitted to the Arizona Secretary of State as “The Argument in Support of the Checks and Balances Ballot Proposition” on July 10, 2012. If approved for the ballot in November, 2012, this would be published in a brochure accompanying the ballot question. Thomas Jefferson stated “The government created by this compact [...]
All Time Best Read Articles from the Tenth Amendment Center
NOTE: Today is the Tenth Amendment Center’s 6 year anniversary! Founded June 25, 2012 My blog earlier today – Posts from our First Year – garnered some nice feedback. Thank you! With that, I thought it would be good to share a quick top-5 all time list. So here goes – the 5 most-read Tenth [...]
Posts from our First Year
NOTE: Today is the Tenth Amendment Center’s 6 year anniversary! Founded June 25, 2012 In our first year of operating this site, we generally received about the same amount of traffic every six months that we do in about 2 weeks today. But, there’s some pretty good content on the site from back then – [...]
15 and Counting. Berkeley, CA Rejects NDAA
In recent weeks, resistance to federal kidnapping powers in the 2012 NDAA (specifically sections 1021 and 1022 of the Act) has been catching on like wildfire. Virginia this year became the first state in the country to pass a binding law refusing compliance with the act. And yesterday, the Rhode Island House of Representatives passed [...]
NDAA Nullification Passes Arizona House
Just one day after Virginia became the first state in the country to pass an NDAA Nullification bill – refusing to comply with the federal government on “indefinite detention” powers of Sections 1021 and 1022 of the National Defense Authorization Act – the Arizona House voted to approve a similar measure, moving that state one [...]
NDAA Nullification Becomes Law in Virginia. Effective July 1st.
Today, the Virginia legislature once again approved House Bill 1160 (HB1160), what many refer to as the NDAA Nullification Act. The support was overwhelming, again. In the House today the vote was 89-7 and the Senate concurred a few hours later, 36-1. The bill “Prevents any agency, political subdivision, employee, or member of the military [...]
Virginia House Approves NDAA Nullification – for the Last Time.
In what supporters hope will be the last round, the Virginia House of Delegates once again approved House Bill 1160 (HB1160), what many refer to as the NDAA Nullification Act. The support was overwhelming, again – with a final vote tally of 89-7. The bill “Prevents any agency, political subdivision, employee, or member of the [...]
NDAA Nullification up for a Vote in the Arizona House
Arizona Senate Bill 1182 (SB1182) is one step away from being sent to Governor Jan Brewer for a signature. The bill states in part that: ”this state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the National Defense Authorization [...]
NDAA Nullification Passes Arizona House Committee
After being left for dead, Arizona Senate Bill 1182 (SB1182), what many are referring to as the NDAA Nullification Act, is breathing life once again after the House Rules committee passed it by a vote of 6-3 this week. SB1182 recently passed the Senate by a 21-9 vote. This week, the rules committee voted it [...]
Eight and Counting: Cherokee County Rejects NDAA
In recent days, resistance to federal kidnapping powers in the 2012 NDAA (specifically sections 1021 and 1022 of the Act) has been catching on like wildfire. Virginia’s House of Delegates is in a heated battle over a bill to refuse compliance with the Act. And just yesterday, the Arizona Senate passed a similar bill by [...]
URGENT: Action Needed on NDAA Nullification in Virginia!
Virginia House Bill 1160 (HB1160), what many are calling the “NDAA nullification bill”, is in trouble – even after a big Senate vote in favor this week – with one final House of Delegates hurdle on Friday, March 2nd. This is a bill to require state noncompliance with the new “kidnapping provisions” of the 2012 [...]
NDAA Action Alert: Virginia Nullification Bill up for Senate vote on Tuesday 02-28.
Today, the Virginia State Senate held a procedural vote on House Bill 1160 (HB1160), commonly referred to as the “Virginia NDAA Nullification Bill.” There was a “motion to recommit” the bill – essentially delaying a vote on it until next year. The bill was almost put on hold as the vote in the Senate was [...]
Virginia NDAA Nullification Bill Passes Senate Committee 8-4
About an hour ago, Virginia House Bill 1160 (HB1160) which recently passed the House of Delegates by a vote of 96-4, was approved by the Senate Courts of Justice Committee. The vote was 8-4 with 3 abstentions. The legislative goal of HB1160 is to codify in Virginia law noncompliance with what many are referring to [...]
Seven and Counting. Two More Cities Reject NDAA
In recent days, resistance to federal kidnapping powers in the 2012 NDAA (specifically sections 1021 and 1022 of the Act) has been catching on like wildfire. Virginia’s House of Delegates this week passed a bill to refuse compliance with the Act by a whopping vote of 96-4. Other states are considering similar laws and resolutions [...]
NDAA Nullification Bill Passes Arizona Senate Committee 6-1
By a vote of 6-1 (with 1 abstaining) the Arizona Senate’s Border Security, Federalism and States Sovereignty Committee approved Senate Bill 1182 (SB1182), bringing it one step away from a full Senate vote. SB1182, if signed into law, “Prohibits this state and agencies of this state from participating in the implementation of Sections 1021 and [...]
NDAA Nullification Passes Virginia House 96-4
On Tuesday, February 14th, the Virginia House of Delegates voted in favor of House Bill 1160 (HB1160). The final vote was 96-4. The legislative goal of HB1160 is to codify in Virginia law noncompliance with what many are referring to as the “kidnapping provisions” of section 1021 and 1022 of the National Defense Authorization Act [...]
