Author Archive | Mike Maharrey

OKLAHOMA CITY (March 13, 2013) – Nullification of Obamacare in Oklahoma took a step closer to reality Wednesday when the Oklahoma House overwhelmingly approved a bill that would nullify the Patient Protection and Affordable Care Act.

HB1021 declares Obamacare unconstitutional and calls on the Oklahoma legislature to take action to prevent implementation of the federal health care plan in the Sooner State.

It shall be the duty of the Legislature of this state to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” and the “Health Care and Education Reconciliation Act of 2010” within the limits of this state.

The bill passed 72-20 and will now move on to the State Senate.

Oklahoma Liberty executive director Mark Kreslins said bill sponsor Rep. Mike Ritze, along with States’ Rights Committee chairman Rep. Lewis Moore, Rep. Dan Fisher and Rep. John Enns all delivered passionate floor speeches prior to the vote, calling on their fellow representatives to step up, and rein in an out of control and tyrannical federal government.

Kreslins also credited strong grass roots support for pushing the bill through.

Continue Reading →

TOPEKA, Kan. (March 8, 2013) – On Thursday, Rep. Travis Couture-Lovelady (R-Palco)  introduced a bill to prohibit the use of drones by law enforcement in the skies over Kansas.

HB2394 prohibits the use of a drone by state or local law enforcement “to obtain evidence or other information.” It also bans any drone from operating in the state “while carrying a lethal payload.” There is no exception in the bill for drones operated by the federal government.

“In light of Rand Paul’s filibuster yesterday, I don’t think Kansas could have picked a better time to introduce an anti-drone bill,” Kansas Rep. Brett Hildabrand said.

The legislation does provide an exception for drone use to “counter a high risk of a terrorist attack, provided, the United States department of homeland security has determined that credible intelligence indicates that there is such a risk of a terrorist attack, and a search warrant has been obtained for such use of a drone.”

Under the proposed law, any evidence gathered by a drone would be inadmissible in court, and any person violated by a drone would enjoy civil remedies. Continue Reading →

Late last month, the North Dakota House passed a bill the would limit the use of drones in the skies over the Peace Garden State by a wide margin.

HB1373 severely restricts the use of drones by North Dakota law enforcement and also calls for a study to assess the use of drone based surveillance.

Except as provided in section 3 of this Act, a law enforcement agency may not use an unmanned aircraft for surveillance of a person within the state or for the surveillance of personal or business property located within the borders of the state to gather evidence or other information pertaining to criminal conduct, or conduct in violation of a statute or regulation except to the extent authorized in a warrant issued by a court which satisfies the requirements of the Constitution of North Dakota.

The bill would also ban the use of evidence gathered in violation of the law in court, and provides for civil remedies for anybody spied on in violation of the act.

HB1373 passed the House 60-31 on Feb. 22 and was moved on to the Senate for consideration.

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FAYETTE COUNTY, Tenn. (Feb. 28, 2013) – The Fayette County, Tenn. County Commission passed its Second Amendment Enforcement Resolution on Tuesday.

The resolution condemns any violations of the Second Amendment, declares them unconstitutional, and therefore null and void. It also calls on the Sheriff  to take all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the Second Amendment to the Constitution of the United States. In addition, the county calls on the state legislature to adopt and enact any and all measures that would clarify the sheriff’s duty and responsibility to defend the citizens of the State of Tennessee against infringement by the federal government.

The resolution passed overwhelmingly by a 17-2 vote.

It was the second Tennessee County commission to pass a resolution opposing any violations of the Second Amendment in the last two weeks. The Madison County Commission passed its resolution on Feb, 19.

Sources close to the Tenth Amendment Center indicate a number of other Tennessee counties will consider similar resolutions. Continue Reading →

CONCORD, N.H. (Feb. 28, 2013) – The New Hampshire Liberty Act passed unanimously out of the State-Federal Relations and Veterans Affairs Committee Thursday, with an amendment enhancing the penalty provisions.

HB399 would prohibit state cooperation with indefinite detention without due process under the National Defense Authorization Act.

The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.

The final committee vote was 16-0

Rep. Dan Itse’s original bill provided for class A misdemeanor penalties on any state agent cooperating with indefinite detention. An amendment strengthened those penalties.

Any person who violates paragraph I shall be prosecuted to the fullest extent of current New Hampshire law related to the applicable crime.

That could include felony kidnapping charges. Continue Reading →

The West Virginia legislature will consider bills that would free mines producing coal exclusively for use within the state from federal regulation.

Delegate Gary Howell (R. – Mineral) introduced HB2214 last week, and Sen. Dave Sypolt (R – Preston) introduced a companion bill SB56 in the Senate. The Intrastate Coal and Use Act would make the West Virginia Department of Environmental Protection the sole entity issuing coal mining permits to companies that produce and sell coal exclusively within the borders of West Virginia.

The act rests on the Ninth and Tenth Amendment to the U.S Constitution, and the West Virginia state constitution.

Section two, Article I of the West Virginia Constitution, states: “The government of the United States is a government of enumerated powers, and all powers not delegated to it, nor inhibited to the states, are reserved to the states or to the people thereof.” Specifically enumerated among those “powers so reserved to the states is the exclusive regulation of their own internal government and police; and it is the high and solemn duty of the several departments of government, created by this Constitution, to guard and protect the people of this state from all encroachments upon the rights so reserved.”

While the Constitution does delegate the authority to regulate interstate commerce to the federal government, the power to regulate commerce within a state’s borders remains with that state government. And the meaning of the term “commerce,” as used by the framers of the Constitution, did not include activities such as mining. Continue Reading →

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 law, a “state actor may not investigate, prosecute, or detain any person lawfully in Indiana under a state or federal law that the state actor knows or reasonably should know deprives a person of life, liberty, or property without a fair proceeding in violation of the Due Process Clause of the United States Constitution or the Due Course of Law Clause of the Constitution of the State of Indiana.”

The legislation not only prohibits state cooperation with indefinite detention without due process under the National Defense Authorization Act, it also covers any such attempts under any other act.

An amendment was approved on the Senate floor during the second reading that would make violation of the act a class A misdemeanor.

A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).

Sen. Jim Banks (R-Columbia City) sponsored the bill. Continue Reading →

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 in the state of Oregon.

All federal acts, laws, orders, rules and regulations relating to firearms are invalid and may not be enforced in the State of Oregon.

The bill directs the Oregon Legislative Assembly to adopt all measures necessary to block federal enforcement of firearms regulations and makes provisions of the act applicable before, on or after its passage.

Nine fellow representatives and six senators joined Freeman in sponsoring HB3006.

While many will undoubtedly balk at the scope of the proposed legislation, Tenth Amendment Center communications director Mike Maharrey called the bill legitimate and necessary in light of the federal government’s actual authority to regulate firearms.

Continue Reading →

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 vote as well.

The Tenth Amendment Center began championing state interposition to block federal kidnapping powers written in the National Defense Authorization Act of 2012 soon after its passage.

Now, some people will accuse me of hyperbole when I use the term “kidnapping.” But what else do you call it when a person, or group of people, drags somebody away against their will without any charges, without any due process, and locks them up? We call that kidnapping, and it doesn’t become acceptable simply because agents in government uniforms carry out the act.

When Congress passed the Sedition Act making it a crime to criticize the federal government, and President John Adams signed it into law in 1798, James Madison argued that “in case of a deliberate, palpable, and dangerous exercise of other powers” not granted by the Constitution, the states “have the right, and are in duty bound, to interpose for arresting the progress of the evil.”

What can be more evil than denying a person on American soil basic due process rights on the mere accusation of the president or one of his agents and locking them up without charges until the end of a war with no defined ending?

Notice the language Madison used. He didn’t say, “You might want to consider stepping in.” He didn’t say it would be a good idea if maybe you do something. No. He said it is your duty. Continue Reading →

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 the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas.”

If passed, the bill would make it illegal to enforce any federal regulations on firearms made and kept within the borders of Kansas and includes felony penalties.

No official, agent or employee of the state of Kansas, nor any dealer selling any firearm in the state of Kansas, shall enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding any personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in the state of Kansas and that remains within the borders of Kansas.

Rep. John Rubin (R-Shawnee) authored the bill. He told the Topeka Capitol-Journal the legislation was based on the premise that firearm business activities confined to Kansas don’t constitute interstate commerce and remain outside federal jurisdiction. Under the law, any gun owned or built in Kansas, and remaining within its borders, wouldn’t be controlled by “any past, present or future federal law, rule or regulation of any kind.”

The subcommittee was formed to wade through half-a-dozen gun related bills.  Rep. Ken Corbet (R-Topeka) serves on the subcommittee. He says it’s important to erect a shield protecting the basic rights of Kansans to keep and bear arms.

“Being an old Boy Scout, it’s better to be prepared.” Continue Reading →