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Will DC be the next “State” to Nullify Federal Prohibition?

Oh the irony to think that the capital city of these united states will be nullifying their own law even while their agents are raiding dispensaries in the states.  The voters in the city of DC approved medical Marijuana in 1998, and finally all of the licensing is complete.  The dispensary by the name of Capital City Care will be the first to open on the 22nd of April within blocks of the White House, and with a clear view of the US Capital.  This will be a hugevictory for the forces of liberty, in the face of the growing police state.

After resisting the clear will of the American people for so long, DC could have to call it quits and accept the demise of the war on drugs (police state), as they join the 18 states that have already nullified the war on pot (as a legal drug) .  As I have always said, weed is much like the war on drugs.

Respectable opinion on weed seems to be that it is a “gateway drug”.  This is meant to give the impression that one puff of it will lead one through a gateway and down a path towards desperation, and dependence upon drugs for daily functioning.  Doing unspeakable things for the next hit of your current drug of choice.  Theft and violence will become the life of the addict or so says this paradigm.  In reality it is the war on drugs that is the gateway, it is a gateways towards tyranny, and authoritarianism.

It is ironically the so called “Constitutional” Conservative who are the biggest cheerleaders for this insane policy.  Even as they hold the correct position on so many policies that you should not pile additional laws on already illegal behavior (such as opposing gun control because murder is already illegal, or opposing hate crimes because the crimes they punish are already illegal.)  None the less they point towards the culture of crime that surrounds the drug trade (as surrounds all black markets regardless of the banned items for sale) and say “look drugs cause murders and robberies.”  Murder and theft are already illegal, so why is that an argument for prohibition? Continue Reading →

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Understanding The 10th Amendment

The “winners” write the history, and always in favor of their side of the “argument”.

Government’s job is to “control” the people. Control takes power and power comes at a price: the people’s liberty. In a nutshell, government power  stands as the enemy of liberty. And when it comes to the war between power and liberty, power generally triumphs.

Government wins.

And government writes our history.

Most people allow the government to educate their children and that means they learn the approved government version of history. Sadly, it is totally corrupt. Few Americans realize it and can’t, or wont, correct the mistake.

I will try to help correct a piece of the disinformation surrounding the 10th Amendment and put it all into the correct perspective for you.

We’ve  watched government trample on the  Constitution throughout most of our recent history. We do not have to look very far to see examples. President Bush’s Administration created the The Patriot Act, anything but patriotic. Throughout his terms in office, Bush completely disregarded what the Constitution said and wielded the arms of war with wanton disregard.

President Obama continues in the same vein with more anti-constitutional measures. When Congress does not do what Obama wants he creates Executive Orders with the force of law. Effectively legislating from the White House and overstepping his constitutional boundaries without any regard to the laws our country.

Our Constitution is a document designed to LIMIT the power of the federal government. It enumerates the exact duties, responsibilities and powers of each branch of the federal government. In other words, the federal government ONLY has the powers over things that are specifically spelled out in the Constitution. ALL OTHER POWERS are reserved for the states and people. This is succinctly spelled out in the 10th Amendment.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Continue Reading →

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Do you believe in self-rule?

Do you believe in self-rule?  Can people determine for themselves how to live and what kind of governmental system that they will live under?

Sure you do!

Right?

But are you sure?

Please, consider the following questions:

Should the federal government be involved in regulating marijuana?

Should the federal government be involved in regulating other drugs?

Should the federal government establish a central bank?

Should the federal government declare anyone an enemy combatant without due process?

Should the federal government regulate marriage: gay or straight?

Should the federal government take either the Pro-Choice or Pro-Life stance on abortions?

Should the federal government regulate guns?

Should the federal government interfere in the health care market?

Should the federal government interfere in education?

If you answered “Yes,” to any of these questions, then on some level you don’t believe in the concept of self-rule.  Therefore, you are imposing your values or morals on others who might not share them. Continue Reading →

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Florida County Fights Back Against Federal Gun Grabbers

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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Enemy of the State

In a published FOIA request, an Airman stationed in the UK was investigated after a mental breakdown caused by conflicting values of US military’s mission and her own political beliefs. She was found to sympathize with Bradley Manning, Julian Assange, and Wikileaks. She had admitted to communicating her political ideas with various organizations known for anti-war/anti-military sentiments on Twitter and to a UK journalist. She also attended the Julian Assange Trial. However, her own admission and tweets revealed that she was never asked to release any intelligence to these groups and denied volunteering any intelligence to any journalist or group. The US Airforce Office of Special Investigations filed a complaint report on matters alleging “Communicating with the Enemy.”

The Uniform Code of Military Justice (UCMJ) Article 104: Communicating with the Enemy states:

“Any person who–
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.”

Who is the enemy in this document? Is it Julian Assange? Wikileaks? Journalists? Bloggers? Social media users? Those opposed to an unconstitutional and failed foreign policy? Anti-war organizations? The leaked document does not directly point to any person or organization but acknowledges who the Airman was in contact with and her activities surrounding her political beliefs. But, constitutionally speaking, who gets to determine the enemy?

The Constitution does not provide any structure to determine an enemy. An enemy could be those the US is at war with. Congress has the power to declare war but there is no framework as to what constitutes a declaration of war. In Federalist Paper number 3, it states, “The just causes of war, for the most part, arise either from violation of treaties or from direct violence.” Continue Reading →

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Oklahoma Legislation Would Nullify Agenda 21

Senator Patrick Anderson has introduced a bill in the Oklahoma State Senate that combats the United Nations Agenda 21 and reaffirms the sovereignty of the American people against globalist and internationalist forces.

The bill as introduced, SB23, is for “prohibiting state and political subdivisions from implementing certain Agenda 21 policies supported by the United Nations.” The law, if passed, will ensure that the state of Oklahoma “shall not adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process.”

If this passes, it will be a big win for both Constitutionalists and supporters of liberty. Private property rights for Oklahomans would be strengthened while the process of representation for the American people will be protected from a pernicious outside influence.

The US federal government officially endorsed Agenda 21 in 1992 when President George H. W. Bush signed on to a treaty with 177 other countries that he personally described as ’mammoth’ at a U.N. meeting called the ’Earth Summit’ in Rio De Janeiro, Brazil. He triumphed this accomplishment as emblematic of a world coming together to maintain a safe, living environment for present and future generations. However, there is more to Agenda 21 than what these world leaders are willing to let on. Continue Reading →

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Pennsylvania Town Working To Nullify Federal Gun Control

With the Obama administration winning a second term and gun control publicly on the national agenda, more and more people are standing up at the state and local levels to protect Constitutional freedoms. This is exactly what is occurring in the small town of Gilberton, Pennsylvania.

Chief of Police Mark Kessler will propose a ’2nd Amendment Preservation’ Ordinance during the January 24, 2013 meeting of city council. According to the text of the ordinance, it will be ‘nullifying all federal, state or local acts in violation of the 2nd Amendment to the Constitution of the United States along with section 21 Right to Bear Arms of the Pennsylvania constitution.’

The ordinance continues on with some strong words for the authoritarians in Washington D.C. who wish to trample upon the Constitutional rights of Americans saying, “It shall be the duty of the Governing body of Gilberton Borough and within all of its boundaries within the State of Pennsylvania to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal, state or local acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States along with section 21 of the Pennsylvania Constitution or any violation of this ordinance.” You can read the rest of the bill by clicking HERE.

Police Chief Kessler says that he intends for this bill to send a message to the Federal Government that the spirit of resistance is alive and well within the American people Continue Reading →

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Will Indiana Nullify Drones?

We are living in a world where our phone calls, our text messages, our emails, and our internet sites are being recorded and stored by the federal government. The surveillance state is growing. The next step in the destruction of 4th Amendment continues with the invasion of drones in US airspace. Drones are currently being used in Afghanistan, Pakistan, Yemen, Iraq, Libya, and Somalia to combat terrorist. CNN and RT have reported that the success rate for targeted strikes against high level targets is 2%. If life is regarded with no value and death is regarded so frivolous that it can be played like a video game, how will our government treat our privacy?

We are searched without warrants or probably cause. The burden of proof to determine innocence is placed on ourselves. There is no liberty living in a world that assumes you are already guilty. Our only answer is to nullify. And Indiana now has a great opportunity to do so.

SB0020 has been introduced by Senator Tomes. If passed, this bill will amend the Indiana Code concerning criminal law and procedure by nullifying the use of drones. SB0020 summary of the law reads as:

“Use of unmanned aerial vehicles. Provides that a person who knowingly or intentionally uses an unmanned aerial vehicle to monitor a person, property, or thing without the written consent of the subject of the monitoring commits a Class D felony. Provides that images or communications obtained through the use of an unmanned aerial vehicle are not admissible as evidence. Provides that a person who possesses an image or communications obtained through the use of an unmanned aerial vehicle commits a Class A misdemeanor. Prohibits the use of public money to purchase an unmanned aerial vehicle.”

This law prohibits law enforcement personel from being exempt as a person controlling or owning a UAV. Additionally, it criminalizes the collection of intercepted communications, like “wire, electronic, or oral communications; or the capture, collection, monitoring, or viewing of images.” Continue Reading →

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Federalism and the 10th: The State Reclamation Begins

The state governments are now beginning in earnest to do something about the encroaching federal government. Way back in 1994 when the “Republican Revolution” was taking place in Congress the Republican Governors Association (RGA) “adopted” a sort of “declaration of independence” for themselves.  From Congress we got the “Contract with America” and from the RGA we saw a resolution that the states will actively fight against the federal government’s encroachment upon states authority.

Underlying the theme of both “movements” was the idea that the federal government was going beyond its constitutional duties and something needed to be done to bring it back in line. While these had good intentions, they fell short like everything else from the government does. People will always fall back to doing what they know and in the case of government; that is trying to gain power over everything.

At least twelve states had passed resolutions demanding that Congress get rid of all the unfunded federal mandates. Many of the other states asked for “mandate-relief” because they could not afford to implement the mandates. Kansas and South Dakota were probably the most vociferous; they were calling for a constitutional convention and wanted an amendment to our Constitution forbidding the federal government making such mandates.

Many states took up the call and passed resolutions asserting states sovereignty. The language of the resolutions was all similar in nature with their call for the federal government to halt its behavior of violating the 10th Amendment.  Walter Williams had noted:

The 10th Amendment movement may be America’s last chance to peacefully get Congress to obey the Constitution. Politicians have seriously underestimated public anger and are blind to the rebellion spreading across the land.

http://news.google.com/newspapers?nid=336&dat=19941222&id=IBtOAAAAIBAJ&sjid=f-wDAAAAIBAJ&pg=3154,3716396

For all their wanting, the RGA still fell short and the states dropped the ball. They were right to stand up and be noticed. It was all talk and no action. Unfortunately, over time, history has shown that people will always revert to what they have been taught. This effort slowly fizzled out as the states and federal government once again began colluding with each other.

The federal government can control things one of two ways. They can do it with the point of a gun or the use of the purse. So, while the states flexed their muscles, President Clinton gave them some of what they wanted to help rebuild their autonomy but he insisted on the federal government controlling the funds and their usage. He did this in his speech to the National Governors Association on Jan. 31, 1995, when he told them:

Even though you’ll have more flexibility to solve your problems, you must be held accountable for how you spend the federal money

http://www.gpo.gov/fdsys/pkg/WCPD-1995-02-06/html/WCPD-1995-02-06-Pg151-2.htm

Even though that part of our history proved to be faulty, the idea of the 10th Amendment and the force behind it; is not. Today many states are sick and tired of what the federal government is doing and mandating them to do. We are witnessing the “states political revolution” all over again. The difference here and now is that he states are no longer “asking permission”.

It is always easier to “do” and say you are sorry later, then to ask for permission and wait for denial. Apparently many states have learned the lessons of this folly from the 1994/95 fiasco. States are NOT asking the federal government for permission any more. They are enacting their own laws to nullify the federal government’s mandates.

States are finally stepping up the jurisdiction game and putting authority where it belongs. Several states have already passed medical marijuana laws making the drug legal for medical use. Two states (Washington and Colorado) have completely decriminalized marijuana all together.

This is a direct slap in the face of the federal government’s drug war policies. If EVERY state followed Washington and Colorado’s example, what could the federal government do?  Would they build a wall around the entire United States and say that everyone is in jail because of drug use? These actions, where they states work together to accomplish the same goal is exactly what James Madison was talking about when he said they would band together against the federal encroachment.

There is also a growing consensus among the states to nullify things like ObamaCare. Many states have enacted laws against its implementation. Some states, like Texas, even lay fines and penalties against anyone who aides the federal government in getting it implemented within their state.

More work still needs to be done before the correct balance of federalism is restored. As people learn more about Liberty they will insist their states exercise their 10th Amendment rights and hold the federal government accountable. People and state legislatures will need to read and acquire a sound understanding of the Constitution, what it says and why it says it.

Knowing how the Constitution was designed to properly function is vital to the successful 10th Amendment “movement” that Walter Williams was talking about. It should be obvious, to even the most casual observer, that the only way to restore our American federalism, is to know all the inner workings and apply the very principles it was built upon.

Freedom is not free. We, each of us, have an obligation to learn the principles are fore-fathers laid out for us. From there, it is our responsibility to hold our elected officials accountable and force them to abide by those principles. The Constitution cannot protect itself. We the people, MUST, be the ones to do it. If we do not, everything we do to try and get our system back on track will fail in misery.

The present battles, between the states and federal government, to recover federalism throughout the country; goes directly to the principles enshrined within our Constitution. The primary objective of our fore-fathers, when designing the Constitution, was NOT to answer how we run any public policy.

Public policy question and answers were nowhere in their minds. What they set out to do was to define the level where decisions would be made (the vertical plane). They created the Constitution in such a way as to define what they viewed as the federal-state relationships. Exercising the Constitution in any other way was not part of its original design.

In conclusion, it is up to us, we the people, to ensure the 10th Amendment is properly exercised. Failure to do so will ensure the rise of a tyrannical government.

Yours in Liberty

 

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Federalism and the 10th: The States’ Great Awakening

In Part 1 of this series, I explained how our federalism works and how the powers were divided between the states and our national government. The details showed that the states were superior to the federal government on the hierarchy scale and that the 10th amendment protected that position whenever the federal government stepped outside its boundaries.

The Constitution is a great document, but it is nothing more the words on a piece of paper unless those responsible for working within its boundaries are held accountable. The Constitution is absolutely meaningless if the federal government can ignore it and do whatever it wants at any time it wants.

Slowly, of the course of the last century or so, we have witnessed the deterioration of our Constitution. The federal government has stolen power from the states and people on a regular basis. Our rights that are supposed to be guaranteed protection from an encroaching federal government are being dismantled one by one as new laws keep coming out of the federal government.

Members of Congress are vehemently imposing their will upon the states and the people with no regard to the Constitution at all. Perhaps they need to return to school and learn what happened the last time an “imperial” government mandated edicts while ignoring the people. If the federal government continues to treat the states like Britain did the colonies, how could they not expect the “revolution” to happen?

Today we can easily see that our federal government is pushing harder than ever to take on the dominate role in our country’s politics. The servant is attempting to become the master and centralizing power in Washington. The answer to stopping this usurpation lies in the governors and state legislatures. It is within their power to correct this problem.

President Obama and his Administration seem to want to repeat history. They are trying to recreate the New Deal in modern terms. Through the use of Congress, the Fed and the judiciary, they are overstepping their bounds and violating the fiscal and constitutional rights of state and local governments. The imbalance of power in our federalist system has finally reached a tipping point.

When the pain gets large enough, people will do something about it. Apparently, James Madison was correct about the states banding together. While a lot has been taken away, the beginnings of the reclamation process is becoming more evident in our modern times. Several states, although not making compacts with each other, are all moving in the same direction to oppose federal intrusions on their authority.

Perhaps the legal axiom of “silence is acceptance” is being put to use as the states are no longer being silent. That silence has been broken is the first indicator that the pain threshold has been breached. There seems to be a growing movement among the states now to take back the power that is rightfully theirs.  The wheels of insurrection are turning. State and local officials are fighting back. The giant has awakened.

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