Indiana Senate Passes NDAA Nullification, 31-17
The Indiana Senate passed a bill that would block any attempts to detain people on Indiana soil without due process Thursday afternoon. The Prohibition on Aiding the Enforcement of Unconstitutional Laws Act (SB400) passed 31-17. All but one Senate Democrat reportedly voted against the bill, with six Republicans joining the dissent. If the bill becomes [...]
Oregon Lawmaker Introduces Tough Second Amendment Protection Act
Add Oregon to the ever-growing number of states considering legislation to protect their citizens’ basic right to keep and bear arms from overreaching federal acts. On Monday, Rep. Tim Freeman (R-Roseburg) filed HB3006. The bill stands among the most ambitious Second Amendment Protection Acts in the U.S. It would essentially nullify all federal gun regulations [...]
Dear Legislator: Will You Do Your Duty?
The following was submitted to the Colorado House Committee on State, Veterans, & Military Affairs in support of HB13-1045. The legislation would block federal indefinite detention without due process in Colorado. The committee passed the bill on 02-17-13 by a 7-4 vote. It will now go to the full Colorado state house for debate and [...]
Kansas 2nd Amendment Protection Act Passes out of SubCommittee
The Kansas Second Amendment Protection Act got the blessing of a five-member subcommittee last week and will move on for further consideration in the Committee on Federal and State Affairs. With more than 50 cosponsors, HB 2199 declares “any act, law, treaty, order, rule or regulation of the government of the United States which violates [...]
First U.S. City Passes Anti-Drone Resolution
Last week, the City Council of Charlottesville, Va., became the first U.S. city to approve an anti-drone resolution. The resolution declares: WHEREAS, the rapid implementation of drone technology throughout the United States poses a serious threat to the privacy and constitutional rights of the American people, including the residents of Charlottesville; and WHEREAS, the federal [...]
South Carolina Action Alert on Obamacare Nullification
ACTION ITEMS The South Carolina Obamacare Nullification Bill needs your support for passage. H3101 has been assigned to the Judiciary Committee, where chairman Greg Delleney is waffling. He recently proposed completely removing ALL nullification language from the legislation and leaving it as just an opposition to a State-run insurance exchange. 1. If you live in [...]
New Hampshire Joins The Rising Tidal Wave of States Considering Defying Feds on Weed
The federal prohibition on marijuana doesn’t seem to serve as much of a deterrent to the people of those states who want it legalized within their borders. Congress and the president claim the constitutional authority to prohibit weed. The Supreme Court concurs. But claiming something doesn’t make it so. I can claim I am a [...]
Nullification: The Basics
What is State nullification? (there are other forms as well) Nullification is any act, or set of actions, taken by a state legislature finding a federal act unconstitutional, and rendering it null, void or simply inoperable in that state. Where did nullification originate? It finds its basis in the very structure of the Republic. The [...]
It Looks Solid, But…
I recently participated on a round-table discussion on the Tenth Amendment, political sovereignty, delegation of power and nullification on a talk show in Indiana. The panel consisted of me, two left-leaning lawyers and a right-leaning lawyer. I took two interesting observations away with me. Most telling was the fact that both of the lefties and [...]
Nullify Obamacare Rally Draws Hundreds in South Carolina
COLUMBIA, S.C. (Jan. 9, 2012) – Hundreds of people rallied at the South Carolina state capitol building yesterday, calling on state lawmakers to nullify the Patient Protection and Affordable Care Act. South Carolina Republican Liberty Caucus secretary Daniel Encarnacion estimated 300 to 400 showed up to demand the state do everything within its power to [...]
Medical marijuana for the Bluegrass State?
FRANKFORT, Ky. – Just over a year ago, a legend in Kentucky politics passed away. Lexington lawyer Gatewood Galbraith was a perennial gubernatorial candidate, running for the highest office in the Commonwealth five times. He also took a shot at Congress twice and made an unsuccessful bid for state Agricultural Commissioner. The lack of election [...]
Florida legislature has chance to say ‘no’ to drones
TALLAHASSEE, Fla. – The Florida legislature will consider a bill in the 2013 session that would protect residents and visitors from prying eyes in the sky. Sen. Joe Negron (R-Palm City) filed SB92 last month. If passed, the Freedom from Unwarranted Surveillance Act would prohibit the use of domestic drones over the Sunshine State. “A [...]
I swear to protect and defend a herd of unicorns
Thursday marked the beginning of the 113th session of Congress, kicking off with Congress-critter swear-in day. All of the House members and one-third of the Senate took their oaths of office at noon. I wonder if a Guiness Book of World Record category exists for most people simultaneously telling a lie in one place? But [...]
The Muddled Thinking of a New York Times Intellectual
On Dec. 30, the New York Times editorial page featured what has to qualify as one of the most intellectually vapid columns of the year. And considering the source, that’s saying something! Louis Michael Seidman says we simply must do away with our blind obedience to the Constitution! As the nation teeters at the edge [...]
Gun Bans and their moral and logical inconsistency
In order to remain logically consistent, anybody favoring banning so-called “assault weapons,” or guns in general, must also support banning alcohol with equal passion. Ostensibly, gun banners hold their position based on a desire to protect lives and prevent tragedies. Obama alluded to this in a statement made in the wake of the horrible mass [...]
No Koch money here!
The other day, I was perusing comments on an article a reporter over at the Washington Times Communities section wrote in which she extensively quoted me. A comment by “Charles” gave me quite a chuckle when he associated the nullification movement with the Koch Brothers. Of course, progressives love to throw Koch out as a [...]
NRA says to hell with the Constitution
(Dec. 21, 2012) – A week after the tragic shootings at Sandy Hook Elementary, the National Rifle Association finally broke its silence. On Friday, NRA executive vice president Wayne LaPierre tried to out-blame the gun-blamers. He focused his attention on Hollywood. He focused his attention on violent video games. He focused his attention on the [...]
Efforts to Nullify NDAA detention picking up steam in Nevada
CARSON CITY, Nev. – With the federal government apparently intent on maintaining the power to kidnap people in the United States, the movement to thwart any such action continues to grow at the state and local level. Earlier this week, conference committee members hammering out a compromise version of the 2013 National Defense Authorization Act [...]
NDAA detention back in on an ironic day
(Dec. 19, 2012) – History dealt out a delicious bit of irony yesterday. Lawmakers hammering out a compromise version of the 2013 National Defense Authorization Act dropped the so-called Feinstein amendment from the bill. According to a report at Politico.com, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters that the provision and language [...]
You don’t need that!
During a discussion the other day, a gun control advocate was making her case for banning assault weapons. “Why does anybody need an assault weapon anyway?” As I started thinking about it, I realized proponents of the government doing this or that often use the “need” argument to brush aside those who oppose government action. [...]
Michigan bill blocking NDAA detention passes out of Senate committee
LANSING, Mich. (Dec. 11, 2012) – With time winding down in the current legislative session, a bill that would prohibit state cooperation with any federal efforts to kidnap people and detain them indefinitely in Michigan cleared another hurdle Tuesday. The Senate Judiciary Committee unanimously passed HB5768 and referred the bill to the Committee of the [...]
A hockey player’s view over the fiscal cliff
So the other day, Cato Institute’s Ted DeHaven compared Treasury Secretary Timmy Geitner to NHL commissioner Gary Bettman. DeHaven pointed out that the Obama administration’s opening proposal to avert the so-called “fiscal cliff” trotted out by Geitner was about as ridiculous and insulting to congressional Republicans as the NHL owners first offer to players in [...]
Why I’ve become a foreign policy non-interventionist
Over the last few of weeks, a couple of people have asked me why I’ve turned into such a foreign policy non-interventionist. Or as one friend put it, “What turned you into such a bleeding-heart?” To put the question into context, I was once quite the hawk. I supported the first Gulf War to “liberate [...]
Ohio says no to health care exchanges
COLUMBUS, Ohio (Nov. 16, 2012) – Ohio has joined the growing list of states refusing to implement insurance exchanges under the Patient Protection and Affordable Care Act. On Friday, Ohio Governor John Kasich sent a letter to the director of the Centers for Medicare and Medicaid Services Center for Consumer Information and Insurance indicating the [...]
