Author Archive | William Kennedy

Indiana State Senator Jim Banks has introduced a bill that would prohibit detainment of citizens under federal defense act (NDAA) in the state.

SB 400 would amend the Indiana Code concerning state and local administration. The text of the bill simply states:

“Prohibits specified individuals and entities in Indiana from aiding an agency of the armed forces of the United States in the investigation, prosecution, or detention of a person under a provision of the National Defense Authorization Act (NDAA) or similar law providing for indefinite detention.”

The legislation takes things a step further too – providing for criminal charges on federal agents who attempt “indefinite detention” (AKA Kidnapping) in the State of Indiana: Continue Reading →

Indiana State Senator Phil Boots has introduced a bill that would nullify implementation of Patient Protection and Affordable Care Act in the state.

SB 0230 would amend the Indiana Code concerning state and local administration. The text of the bill simply states:

“Provides that any federal act, order, law, rule, regulation, or statute found by the general assembly to be inconsistent with the power granted to the federal government in the Constitution of the United States is void in Indiana. Provides that a resident of Indiana has a cause of action to enjoin the enforcement or implementation or the attempted enforcement or implementation of a federal act, order, law, rule, regulation, or statute declared void by the general assembly. Provides that a plaintiff who prevails in such an action is entitled to reasonable attorney’s fees and costs.”

The general assembly finds the following:

(1) The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes as set forth in the Constitution of the United States and for nothing more. Continue Reading →

The 2013 legislative session in Columbia may well become a watershed event in the reassertion of State Sovereignty and protection of the rights of the people of South Carolina. Senators Bright and S. Martin submitted a pre-filed bill that would nullify the Patient Protection and Affordable Care Act in South Carolina.

S. 102 would nullify not just the mandate portion of the ACA, but the entire bill as unconstitutional. It states:

The General Assembly declares that the federal law known as the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010, exceeds the power granted to Congress under the United States Constitution and therefore is not law, but is altogether void and of no force.

Passage would also prohibit the state of South Carolina from implementation the Patient Protection and Affordable Care Act and criminalize federal agents from attempting to do so as well: Continue Reading →

The 2013 legislative session in Columbia will have numerous bills that aim to protect the rights of the citizens of South Carolina. Among these is Representatives Clemmons, G.R. Smith, Wells, Henderson and Long’s pre-filed bill that would be a major obstacle to the implementation of the Patient Protection and Affordable Care Act.

With more than 20 state governors and state legislatures declaring they will not set up state exchanges, the highly unpopular Patient Protection and Affordable Care Act, more commonly known as Obamacare, is facing stiff opposition and pushback.

H. 3096 would prohibit the state of South Carolina from implementation of a Health Benefit Exchange under the auspices of the Patient Protection and Affordable Care Act.  The text of the bill simply states: Continue Reading →

With this past weekend’s actions of the North Carolina GOP Executive Committee, the state’s Republican leadership have been put on notice by grassroots party officials from across the state who expect them to declare their intentions on returning any federal monies requested and accepted by Gov. Perdue.

The Resolution and the overwhelming vote makes a clear statement that the Patient Protection Affordable Care Act’s healthcare exchanges are not welcome in North Carolina, and it is the position of the majority of the county and state leadership that the PPACA, otherwise known as Obamacare,is not needed in our state.

We at the Tenth Amendment Center wish to commend the NC GOP Executive Committee on their stand on Obamacare monies. We would urge them to join us in requesting the first order of business in the 2013 session of the State Legislature would be the introduction and passage of the Federal Health Care Nullification Act making Obamacare “null and void” in North Carolina. Continue Reading →

The fact the Governor Perdue has made a decision to work with the Federal government to implement a federal-state healthcare exchange in North Carolina should come as no surprise. She is a BIG government progressive politician and she is only doing what BIG government progressive politicians always do, bow down to the Federal government. The real problem is she is going against the wishes of the citizens of North Carolina, which rejected democrats both in the State House and Senate and for the governorship of North Carolina. She is attempting to tie the hands of the new State Legislature and the incoming governor-elect Pat McCrory, but was it nessary.

It has been reported in a Charlotte Observer news article that Governor Perdue said she preferred a state operated exchange, but chose the intermediate course so that governor-elect Pat McCrory and the legislature can make a future choice to go to a fully state run or federally run exchange. But this was not her decision to make she is and lame-duck governor making a choice for the citizens of North Carolina, a decision that does not need be made until after the first of the year.

In a statement Perdue said, “It will be an important choice and one the incoming administration is very aware of.”

Senate leader Phil Berger in a statement November 15, stating that Perdue was making a decision to an important issue that it should have been left to McCrory. “Let’s set the record straight — it is not necessary or appropriate for Governor Perdue to prematurely declare her intent to establish a state-federal partnership exchange. The initial deadline for the state to make this declaration is February 15, 2013 — three months from today. The voter’s elected and new legislature and the governor last week and policy decisions of this magnitude should be left to them.” Continue Reading →

The major argument used by those that oppose Nullification is the Constitution’s Supremacy Clause, but the arguments for the Supremacy Clause ARE the arguments for Nullification.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Article VI, US Constitution

Timothy Bloodworth in the State Ratifying Convention of North Carolina stated the consensus of those that opposed the Supremacy Clause when he stated, “It appears to me to sweep off all the Constitutions of the states. It is a total repeal of every act and Constitution of the states. The Judges are sworn to uphold it. It will produce an abolition of the state governments. Its sovereignty absolutely annihilates them.”

So, was Timothy Bloodworth and others who opposed the Constitution and the Supremacy Clause right or were the Federalists?

The major architects of the Constitution and those that led the fight for its adoption laid down what the Supremacy Clause meant in reality at the Ratifying Conventions, by doing so they defended State Sovereignty, and set the stage for the negation of unconstitutional actions. Continue Reading →

We are fast approaching Election Day and with that, the responsibility of every voter to determine which local, state and national candidates will best preserve and defend North Carolina and US Constitutions. Following and preserving these Constitutions or “employee handbooks” ensures our and our children’s freedom and liberties — failure to do so will bring financial collapse and tyranny.

The group organizer should at every function that a candidates for office attends give them a pocket Constitution to remind them that when elected they will swear an Oath to protect and defend that Constitution. It is imperative that they understand what powers they are given and which belong to the states or to the people.

State officials have not only an Oath to the US Constitution but also to our State Constitution and with their Oaths comes the extra responsibility to monitor the federal government, making sure that they have not stepped outside the bonds of the Constitution and are infringing on the citizens’ rights. Continue Reading →

Patrick Henry Caucus leading is fight against Affordable Care Act in Utah and they have joined forces with the Tenth Amendment Center in unveiling “a document template for legislation that each state can run declaring the Affordable Care Act null and void in that state.”

Billy Hesterman’s article in the Daily Herald states, “In the aftermath of the Supreme Court’s ruling on the Affordable Care Act, also known as Obamacare, a few of Utah’s legislators are hoping the state will lead the nation in a fight against the law.”

“Our position is that basically the states cannot afford to implement this,” said Rep. Ken Sumsion, R-American Fork, a founding member of the caucus. “The federal government will bankrupt the states by doing this.”

Besides the cost to the states, Rep. Sumsion also argued that the health care law is an infringement on the 10th Amendment of the U.S. Constitution, which delegates all responsibilities not listed in the Constitution to the states. Rep. Sumsion even went as far as to call for Gov. Gary Herbert to bring the Legislature into a special session to pass the caucus’s null and void legislation to start the fight against the Affordable Care Act.

“I want the governor to bring us into a special session,” said Rep. Sumsion.

Gov. Herbert said in a statement after the ruling was issued by the court that it was up to Congress and the American people to work for a repeal of the law. He did not make mention of any state action to fight it. Continue Reading →