House bill 3514 (H3514) would prohibit the operation of drones by an agency of the state unless it is “pursuant to a criminal warrant issued by a court of competent jurisdiction.”Details
This question just came in on our feedback forum, and I thought it was important enough to discuss that I’d share my answer here.
QUESTION: Is the principle of anti-commandeering synonymous with nullification
ANSWER: It depends on how you define the word “nullification”
Many believe that it is defined only as John Calhoun did in 1830′s South Carolina.
Anti-commandeering is not that process.
What it is, though, is a 100% legal process, backed up by years of Supreme Court precedent, which says that the feds cannot “commandeer” state resources to carry out a federal act or regulatory program. In other words, the states are free to decide if they will participate or not.
Recognizing that many, if not most, federal programs rely heavily on this kind of cooperation, by enacting anti-commandeering laws on various issues around the country, they can have the effect of a practical nullification – rendering federal acts “nearly impossible to enforce”
Today, a bipartisan state house committee in New Hampshire voted unanimously in support of a bill which deems federal indefinite detention powers unconstitutional and bans “any activity that aids” the federal government in carrying out such powers.Details
After being the first legislator in the country to announce an intent to do so last fall, Ward along with nine sponsors introduced the Fourth Amendment Protection Act on Wednesday. SB1156 also garnered four co-sponsors, including senate President Andy Biggs.Details
House Bill 2832 (HB2832), the Firearm Protection Act, prohibits all state public servants from enforcing any “act, law, statute, rule or regulation of the United States Government relating to a personal firearm, firearm accessory, or ammunition” provided that the item in question remains “exclusively within the borders of West Virginia.”Details
SB231 bans the state from assisting the NSA or using warrantless data in criminal proceedings, and provides for criminal charges for violations of the act.Details
There have been some top constitutional experts making comments about our legislative proposal to NullifyNSA. Here’s a balance – pro and con – of the most prominent of late.Details
Supporters say passage would tell the NSA “We don’t want you in California unless you follow the Constitution.”Details