Ending Privacy, Sports Betting, Peaceful Voluntary Exchange. Tenther Radio 08-20-12

This episode is made possible in part by the new Nullification Movie. Now available for order at tenthamendmentcenter.com/movie


According to a report from the Electronic Frontier Foundation, in order to Make Sure that criminals get no location privacy, the 6th Circuit federal court kills it for everyone else too.

As part of an ongoing investigation into a drug trafficking organization, DEA agents obtained approval from a federal magistrate judge to access the “subscriber information, cell site information, GPS real-time location, and ‘ping’ data” from a pre-paid wireless phone through the use of an admininstrative order (PDF) issued under the Stored Communications Act, which does not require “probable cause” like a search warrant. On appeal the defendant Melvin Skinner, argued that the three day warrantless cell phone tracking violated the Fourth Amendment, but the Sixth Circuit disagreed.

In what can only be described as a results-oriented opinion, the court found Skinner had no reasonable expectation of privacy in the cell phone location data because “if a tool used to transport contraband gives off a signal that can be tracked for location, certainly the police can track the signal.” Otherwise, “technology would help criminals but not the police.” In other words, because cell phones can be used to commit crimes, there can’t be any Fourth Amendment privacy rights in them. If this sounds like an over-simplistic description of the legal reasoning in an opinion we disagree with, the sad reality is that the court’s conclusion really did boil down to this shallow understanding of the law.

Somehow, the Sixth Circuit lost sight of the fact that its attempt to ensure criminals cannot “use modern technological devices to carry out criminal acts” means that innocent people will have to lose their privacy rights. Judge Berzon of the Ninth Circuit recently noted a fear that “understandable abhorrence” of child pornography crimes “can infect judicial judgment” and lead to incorrect legal results that erode constitutional protections against intrusive computer searches for everyone. This fear is even greater when the issue before a court is the scope of privacy protections for a cell phone, a device carried by far more innocent people than criminals. Judge Berzon wrote judges must “remember that the protections of the Fourth Amendment do not depend on the nature of the suspected criminal activity, any more than they do on the race or gender of the suspect.”

According to a report from Joel Poindexter, a confederacy of professional sports leagues and the NCAA have filed suit against New Jersey, in attempt to prevent the people of the state from gambling there legally.


Ban the Drones!

This episode is made possible in part by the new Nullification Movie. Now available for order at tenthamendmentcenter.com/movie


According to BuffaloNews.com – Activists are pushing that city to be first in this U.S. to ban use of drones.

While the city has not been approached by the federal government or any other entity about purchasing drones, about 20 people showed up for a recent public hearing to encourage lawmakers to support a proactive ban.

Earlier this month, Occupy Buffalo and the WNY Peace Center proposed legislation to the Council prohibiting the use and purchase of unmanned aerial vehicles in Buffalo, arguing that they violate constitutional rights and pose imminent danger to the public.

Excerpts from the proposal state that “drones present an unreasonable and unacceptable threat to public safety in the air and to persons and property on the ground … due to limitations in drone vision, capability to avoid other aircraft and adequate control.”

Another part of the proposed legislation reads “armed drones and surveillance drones present an unreasonable and unacceptable threat to the rights of individual privacy, freedom of association and assembly, equal protection and judicial due process …”

Victoria Ross of the Peace Education Project noted that the drones in Buffalo most likely would be used primarily for surveillance, “which means warrants won’t be needed.”

The proposed legislation submitted to the Common Council asks that drones not be purchased, leased, borrowed, tested or used by any agency of the City of Buffalo.

From Bill Greene – author of the Constitutional Tender Act – Peter Schiff has opened a hard-money bank.

In other words, you can open accounts in any denomination you want, whether fiat currency OR gold bullion – whatever you’d like. You can even get a “gold debit card” that you can use anywhere in the world. It’s backed by actual gold, which converts to whatever currency you’re needing at the time you hit that ATM.


Tenther News: Small Government Frauds, Government Wiretapping, and Commerce Clause on Life Support

This episode is made possible in part by the new Nullification Movie. Now available for order at tenthamendmentcenter.com/movie


From Tad DeHaven of the CATO Institute. Ranting Against Big Government, But Voting for It

Congressman Mike Kelly (R-Pa.) recently made some news by unleashing an oratorical blast against the stifling regulatory regime in Washington. It’s good stuff, but, unfortunately, Rep. Kelly’s anti-big government credentials are questionable.

The Pennsylvania freshman Republican is a member of the so-called “Tea Party Class.” His campaign websitesays the following:

America needs to have a business conversation. Along with many of his colleagues in the 2010 freshman class, Rep. Kelly has played a role in changing the debate from “How much do we grow government” to “How much do we shrink government.” If nothing else is accomplished in the 112th Congress, both sides of the aisle are now acknowledging that we cannot continue to bankrupt the future for our children and grandchildren. Mike has supported, voted for and co-sponsored a number of pieces of legislation that aim to reduce the size and scope of government. As long as he is serving the 3rd Congressional District, Mike will continue to be an unwavering voice for fiscal responsibility in Washington.

But, as DeHaven notes, far from being an unwavering voice, On six recent votes Kelly voted for big government every time:

-He voted against an amendment that would have terminated the Economic Development Administration.
-He voted against an amendment that would have defunded the Advanced Manufacturing Technology Consortia program, a new corporate welfare program requested by the Obama administration.
-He voted to reauthorize the Export-Import Bank.
-He voted against an amendment that would have terminated the Essential Air Service subsidy program.
-He voted against an amendment that would have shut down the Department of Energy’s Title 17 loan guarantee program—the program that gave birth to Solyndra.
-He voted against an amendment that would have terminated the Community Development Block Grant program.

So much for walking the walk…

From Nick Hankoff, the federal farm bill is still in limbo. And so is the commerce clause. Before Congress vacays for most of August, the 2008 Farm Bill will either be extended or replaced by a new 2012 version. One of the great debates to rise from this issue centers around Congressman Steve King’s (R-IA) amendment which nullifies state laws restricting trade with other states on issues of agriculture and food safety. Get this: some progressives are upset about a conservative citing the “power to regulate”


Nullification vs NDAA, Drones and more. Tenther News 07-31-12

This episode is made possible in part by the new Nullification Movie. Now available for order at tenthamendmentcenter.com/movie


In a report by Joe Wolverton in the New American magazine, we learn that a Virginia state lawmaker is introducing a bill to strictly limit drone surveillance in his state.

In the report, Delegate Todd Gilbert stated,

“I believe, as do many Virginians across the political spectrum, that the use of drones by police and other government agencies should be strictly controlled by state laws that protect the privacy and civil rights of all Virginia residents. I will be introducing legislation in the 2013 General Assembly Session to i) prohibit the use of drones by law enforcement unless a warrant has been issued; ii) require that policies and procedures for the use of drones be adopted by legislative bodies in open meetings; iii) provide for public monitoring and accountability; and iv) mandate that pictures of individuals acquired by drones be destroyed unless they are part of an authorized investigation.”

Learn nore about this legislation – and the escalating deployment of drones for unconstitutional monitoring – when Joe Wolverton joins us on Tenther Radio. You can tune in this Wednesday night at 9pm Eastern and 6PM Pacific at radio.tenthamendmentcenter.com

Mike Maharrey reports in Michigan that a strong grassroots coalition around the state is expanding the push for nullification of the kidnapping provisions in the National Defense Authorization Act.


States are Resisting Obamacare

This episode is made possible in part by the new Nullification Movie. Now available for pre-order at tenthamendmentcenter.com/movie


After the Roberts Court handed down the Obamacare decision, people in the states immediately taking steps to reject the act – and what they see as a supreme court ruling in violation of the Constitution.

As we reported last week, John Lynch, the Democratic Governor of New Hampshire, signed into law HB1297. The new law declares, “No New Hampshire state agency, department, or political subdivision shall plan, create, participate in or enable a state-based exchange for health insurance under the Act, or contract with any private entity to do so.”

A number of governors are lining up to follow New Hampshire’s lead.

On Fox News last Thursday night, Louisiana Governor Bobby Jindal declared, “Absolutely, we’re not implementing the exchanges. We’re not implementing ObamaCare”

Wisconsin Gov. Scott Walker’s reaction to the ruling was essentially the same thing: “Wisconsin will not take any action to implement ObamaCare.”

And in Florida, from Governor Scott, “We’re not going to implement Obamacare in Florida. We’re not going to expand Medicaid because we’re going to do the right thing. We’re not going to do the exchange.”

While opponents of Obamacare certainly have something to cheer about with this level of non-compliance, they shouldn’t consider these small steps a silver bullet to stop the act either.


Tenther News: 06-25-12

This episode is made possible in part by the new Nullification Movie. Now available for pre-order at tenthamendmentcenter.com/movie



Last week, Michigan joined the swelling ranks of states considering legislation that would effectively block any state cooperation with federal officials seeking to detain Americans under provisions in sections 1021 and 1022 of the National Defense Authorization Act.

State Rep. Tom McMillin introduced HB5768. The legislation would prohibit any state agent, state employee or member of the Michigan National Guard from assisting “an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to 50 USC 1541, as provided by the federal national defense authorization act for fiscal year 2012, Public Law 112-81, if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state.”

Five cosponsors signed on to the bill, including two Democrats and a 10-year Air Force veteran.

If you live in Michigan, you are urged to contact your state representatives – especially members of the Government Operations Committee and strongly encourage them to pass HB5768 out of committee.


From a report by TAC communications director Mike Maharrey, we learn that New Hampshire took a small stand against implementation of the Patient Protection and Affordable Care Act last week.


Congressional Republicans Fail Again. Tenther News: 06-18-12

This episode is made possible in part by Silver Saver – when you save a portion of your regular paycheck in gold or silver, you can help your future and the Tenth Amendment Center at the same time. Visit www.tenthamendmentcenter.com/silversaver for all the information today.

According to a report from Tad DeHaven of the CATO Institute, Congressional Republicans have teamed up – once again – with Democrats to save corporate welfare.

Rep. Tom McClintock (R-Calif.) proposed ending all nuclear energy research subsidies to private companies. But the House rejected that amendment in a 106-281 vote that divided Republicans 91-134.

McClintock also proposed language cutting fossil energy research subsidies. But the House killed that amendment 138-249, as Republicans split again 102-123.

DeHaven further points out that even Dennis Kucinich – the Democrat who many Tea Party members deride as being the leading leftist in the House – took a stronger stand against these handouts than a strong majority of Republicans. Kucinich introduced an amendment that would have shut down the Department of Energy’s Title 17 loan guarantee program. That’s the program that gave us Solyndra.

The amendment got crushed by a vote of 136-282 with 127 Republicans joining 155 Democrats to defeat the amendment.

DeHaven wrote – “That the Republican-led House couldn’t get rid of the program that begot Solyndra is about as low as it gets.”

Even with Congressional Republicans failing constitution supporters yet again, there’s a bit of good news in the Tenther movement.