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Texas Senate Passes Bill to Nullify Warrantless Drone Spying, 29-1

By on May 21, 2013 in Big Brother, Constitution, Liberty, Tenthers

A bill has passed through the Texas State Senate that aims to protect the privacy of their residents from the police state by instituting strict limitations on the use of unmanned drones in surveillance by law enforcement.

Dubbed the ‘Texas Privacy Act’, H.B. 912 is an attempt to rein in potential abuses related to the rapidly-developing drone technology that has made its hands into the hands of government at the state and federal levels. The bill was originally authored by Rep. Gooden (R-District 4) and has amassed over 100 co-sponsors since it was introduced Feb. 1, showing vast and bipartisan support for stopping the government’s Orwellian takeover of our skies.

The House passed the bill by a vote of 128-11 on May 10th. (roll call here)  And last Friday the Senate passed a slightly amended version of the bill by a vote of 29-1. (roll call here).  HB912 will now go back to the State House to either concur on the amendments or form a conference committee to approve a final version acceptable to both the House and Senate.  Then it’s off to Governor Perry’s desk for a signature.

BILL INFORMATION

The bill states that “a person commits an offense if the person uses or authorizes the use of an unmanned vehicle or aircraft to capture an image without the express consent of the person who owns or lawfully occupies the real property captured in the image.” The offender would be charged with a Class C misdemeanor if they were caught violating this part of the law.

Data gathered by law enforcement illegally ‘may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding’ according to the bill and ‘is not subject to discovery, subpoena, or other means of legal compulsion for its release.’ This incentivizes police to not misuse the drone technology unless they wish to risk jeopardizing their entire investigation. Continue Reading →

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The Mainstream Media Is Recognizing The Supremacy of Nullification

By on May 15, 2013 in Liberty, Media, Nullification, Sovereignty Movement, State Sovereignty

We at the Tenth Amendment Center have promoted the idea that nullification brings people from both sides of the political equation together. And although we have seen mainstream voices from the establishment left and establishment right come together to denounce nullification, the idea continues to catch on amongst the freedom-starved American people. One recent example of nullification catching on comes from the left as author W.W. Houston wrote a recent article for the Economist on May 9 triumphing the idea of nullification and states rights.

Houston began his article with an interesting anecdote about the founding of the Republic of Texas. According to legend, freedom fighters in Texas held up a flag over their cannon that said ‘COME AND TAKE IT’ in defiance of their Mexican oppressors. Houston brought up a recent bill that had passed the Texas House that declared all federal gun control laws to be null and void, comparing it to their revolutionary ancestors. Usually, you would expect a mainstream media outlet at this point to go on a tyrade against this legislation calling it “crazy”, “racist”, “extreme” and every other derogatory term they could come up with. However, this time the Economist has thrown us a curve ball and is actually running the pro-States Rights point of view.

The article goes on to give a solid description of the arguments and counter-arguments for nullification before closing tremendously with an eloquent defense of states rights. “The discretion of states to decide what federal laws they will enforce strikes me as part of a healthy division and balance of government power. Requiring that states devote its citizens’ resources to the enforcement of laws with which the state legislature disagrees seems to me straightforwardly to deny the democratic sovereignty of the state’s people,” Houston said. Continue Reading →

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Missouri 2nd Amendment Preservation Act One Step Away from the Governor’s Desk

By on April 25, 2013 in Constitution, Liberty, Nullification, State Sovereignty, Tenthers

“The Second Amendment Preservation Act” successfully made its way through a Missouri State Senate Committee on Wednesday, bringing the state ever closer to protecting the natural rights of their citizens.

HB 436 was passed by a Senate Committee on a 4-1 vote. The bill was already passed by a strong veto-proof majority in the State House. It now awaits a full vote in the State Senate before it is fully passed and sent to the governor.

UPDATED 04-26 We’ve been informed that the Senate committee removed an unrelated amendment that the house inserted, so after passing the full senate it will first go back to the House for concurrence, then to the governor’s desk.

If passed into law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future.   It reads, in part:

All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

The bill also does a service of providing the State Legislature and the public-at-large with a history lesson that is particularly appreciated by Tenthers, saying, “The limitation of the federal government’s power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.” Continue Reading →

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Missouri Looking To Amend State Constitution To Bolster the Right to Keep and Bear Arms

By on April 11, 2013 in Announcements, Nullification, Sovereignty Movement, State Sovereignty

The State of Missouri is getting serious when it comes to protecting the gun rights of its citizens, and the legislature has proposed amending their State Constitution to show they that mean business.

Senate Joint Resolution 14 was passed by a landslide 29 to 2 vote on Apr. 4, and this proposed State Constitutional Amendment would provide ‘that a citizen has the right to keep and bear arms in defense of their family, in addition to the current rights in defense of home, person and property.’

The bill gets even better from there as it would not just re-affirm gun ownership rights for individuals but it would also remove ‘language stating that the right to keep and bear arms did not justify the wearing of concealed weapons’ and provide ‘that the rights guaranteed under this provision of the Constitution are unalienable. The State of Missouri is obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.’

The language in this proposed amendment is clear that the State of Missouri must act decisively in protecting the God-given right to bear arms. It is unclear how this would exactly take shape during a full-scale federal ban and seizure of firearms, but this type of action is a decisive rebuke of the would-be gun grabbers and creates the legal requirement that the State defend against such acts. The message is being sent loud and clear to the federal usurpers that at least one state will be firmly on the side of the people should they overstep their bounds on this important issue. Continue Reading →

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North Carolina Bill would Nullify Many Federal Gun Laws

By on April 9, 2013 in Constitution, Nullification, State Sovereignty

North Carolina is the latest state to take a stand against federal gun control laws, as the Second Amendment Protection Act is now making its way through their State House.

House Bill 518 was introduced on Tuesday and is co-sponsored by an impressive 22 legislators with Reps. Jones, Holloway, R. Brown and Millis as the primary sponsors. It was referred to the Committee on the Judiciary on Wednesday where it awaits further action.

The bill states that “The North Carolina General Assembly finds that the right to keep and bear arms is a fundamental right. The North Carolina General Assembly affirms this right as a constitutionally protected right in this State… This Article applies to firearms, firearm accessories, and ammunition that are manufactured in North Carolina.”

The bill continues on to lay out rules to protect firearm and firearm accessories made in North Carolina saying, “A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in North Carolina and that remains exclusively within the borders of North Carolina is not subject to federal law, federal taxation, or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. It is declared by the North Carolina General Assembly that those items have not traveled in interstate commerce.”

To clarify any possible loopholes that the Feds may try to exploit within the law, the bill very specifically states, “The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made within North Carolina borders from those materials. Firearms accessories that are imported into North Carolina from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because the firearm accessory is attached to or used in conjunction with a firearm in North Carolina.” Continue Reading →

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On NDAA, Ignorance is Dangerous

By on April 3, 2013 in Uncategorized

op-ed originally published in The Daily Telegram (Lenawee County, Michigan)

Statements made by certain members of the Lenawee County Commission quoted in The Daily Telegram’s March 14 story on National Defense Authorization Act detention provisions (“County commission deadlocks on voicing opposition to NDAA”) were utter falsehoods.

And while it’s not unusual to read false statement from politicians, it becomes imperative to set the record straight when those falsehoods create the sole basis defending actions that threaten basic due process rights. Commissioner Terry Collins and David Stimpson both suggested that the federal courts ruled indefinite detention of people on American soil without due process constitutional. The commissioners are either ignorant of the facts or deliberately misleading their constituents.

In fact, last summer U.S. District Court Judge Katherine Forrest granted a permanent injunction, ruling detention provisions written into the NDAA overbroad and unconstitutional.

“The Court finds that § 1021(b)(2) is facially unconstitutional: it impermissibly impinges on guaranteed First Amendment rights and lacks sufficient definitional structure and protections to meet the requirements of due process,” she wrote. “This Court rejects the Government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.”

The Obama administration appealed Forrest’s ruling, but the issue remains far from settled. Continue Reading →

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Minnesota Bills Would Nullify Warrantless Drone Spying

By on April 1, 2013 in Big Brother, Sovereignty Movement, State Sovereignty

Companion bills in the Minnesota State House and Senate aim to curtail potential abuses by law enforcement pertaining to predator drones.

HF 612 and SF 485 were both introduced last month and they hope to specify guidelines to protect the privacy rights of Minnesotans. HF 612 has been referred to the Public Safety Finance and Policy Committee while SF 485 has been referred to the Senate Judiciary Committee.

The bills state that “law enforcement agency may not use a drone to gather evidence or other information on individuals.” This is meant to safeguard individual citizens from excessive spying by law enforcement. However, some exceptions are given for law enforcement personnel to use drones.

Such exceptions include if it is necessary “to counter a high risk of a terrorist attack by a specific individual or organization if the secretary of the United States Department of Homeland Security determines that credible intelligence indicates that there is this risk” or “if the law enforcement agency first obtains a search warrant authorizing its use” or “if the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or the
destruction of evidence.”

Although these exceptions may seem like they could be prone to abuse (ie. DHS fabricating evidence to show that a political dissident is involved in terrorism), Subsection 4 of the bill states that “A person aggrieved by a law enforcement agency’s violation of this section may bring a civil action against the agency.” This will hopefully give the public some recourse in fighting back against unlawful infringements on their rights if the bills are passed. The bills also make evidence collected in violation of these new rules inadmissible in the court of law. Continue Reading →

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Susquehanna County Resists Federal Gun Grab

By on March 27, 2013 in Constitution, Government, Liberty, News, Nullification, Sovereignty Movement

Susquehanna County, Pennsylvania is the latest local community to take a stand against the Police State. They recently passed a 2nd Amendment Preservation Resolution that stands against the Feds trampling upon the Constitution in their neck of the woods.

The resolution affirms the natural rights of people saying that “any federal act, bill, law, rule or executive order that in any way infringes on our Second Amendment rights by attempting to reduce the private ownership of any firearm, magazine or ammunition shall be unenforceable in Susquehanna County.”

As Judge Andrew Napolitano has said recently, widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)

The passing of this resolution also marks a rare instance where bipartisanship within government works to the benefit of the American people. The resolution was introduced by Republican Commissioner Michael Giangrieco and supported by Democratic Commissioner MaryAnn Warren, as well as the whole committee. It was passed unanimously. Continue Reading →

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Tennessee State House and Senate Working To Stop Indefinite Detention

By on March 11, 2013 in Constitution, Liberty, Nullification, Sovereignty Movement, State Sovereignty

Two bills have been introduced in the Tennessee legislature to stop the indefinite detention provisions of the 2012 National Defense Authorization Act from being complied with by local and state law enforcement officials.

House Bill 1059 and Senate Bill 1290 were introduced on Feb. 11 and Feb. 14, respectively. They were referred to the State Government Committee and Senate Judiciary Committee where they currently await further action. HB 1059 was sponsored by Rep. Rogers (R-Goodlettsville) with seven more House members adding their support. SB 1290 was sponsored by Sen. Summerville (R-Dickson).

HB 1059 says, “Notwithstanding any law to the contrary, no agency of this state, political subdivision acting in his or her official capacity, member of the Tennessee National Guard on official state duty or member of the Tennessee state guard and civil air patrol shall aid an agency of the armed forces in any investigation, prosecution or detention of any United States citizen pursuant to section 1021 of the national defense authorization act of fiscal year 2012.” The Senate Bill contains the same text.

Although these bills do not interpose any criminal penalties for feds who try to kidnap Americans without proper legal protections, they do get the incredibly important idea of non-compliance to federal laws out there to Tennesseans. These bills are a firm stand against the dangerous idea promulgated all too often that the states wield nothing more than vestigial power and are meant to acquiesce to whatever their federal masters dictate to them, no matter how obviously unjust it is.

Sadly, there are still many voices of the soon-to-be obsolete political establishment spewing the same old tired nonsense in opposition. A great example of this is Tennessee State House Democratic Caucus Chairman Mike Turner. He said to the Knoxville News Sentinel that “[Republicans and Democrats] need to show some courage to put these extremists in line. … There are extremists in both political parties. A lot of their extremists got elected to the Legislature. Our extremists didn’t get elected to the Legislature.” Continue Reading →

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Florida County Fights Back Against Federal Gun Grabbers

By on March 11, 2013 in Big Government, Constitution, Liberty, Nullification, Sovereignty Movement

Collier County, Florida has taken measures to protect the safety and security of its citizens, passing a resolution that will nullify any federal gun control measures in that county.

The resolution was passed on Feb. 26 with a unanimous vote and declares ‘that no county resources be used in the implementation of any Federal law, executive order or executive directive that infringe on the right to keep and bear arms.”

The resolution also calls for the state government to follow their lead and be vigilant in defending the liberties of Floridians saying, “The Collier County Board of Commissioners calls upon the Governor and the Florida Legislature to immediately pass an act to nullify the implementation within the State of Florida of any Federal law, executive order or regulations restricting the right to keep and bear arms.” Continue Reading →

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