Texas Moves To Nullify NDAA

House Bill 149 (LS: 83R) – Texas Liberty Preservation Act.

Website: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB149

HB149 is a Bill introduced in the Texas Legislative Process on Nov. 12, 2012, by its author (Rep. Lyle Larson) and currently sits at stage 1 (filed). The design of the Bill is to nullify portions of the National Defense Authorization Act (NDAA) implemented by the federal law. Specifically, sections 1021 and 1022 are being made invalid and illegal in the State of Texas. You can read the entire bill here: http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/HB00149I.pdf#navpanes=0

Section (1) (b) (1) of the Bill lays out the constitutional groundwork of the findings that prompted the bill in the first place. It notes the limitations of the federal government under the 10th Amendment. It read:

(b) The legislature finds that:
(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it under Article I, Section 8, United States Constitution;

Many people think that whatever the federal government creates as law it is the “supreme law of the land” but that is not true. Often the federal government creates laws that are thrown out because they go beyond the powers delegated to the government in the Constitution. Section (1) (b) (3) of the Bill makes this point eloquently clear. It reads:

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Do the Secessionists Have As Much Courage As the Nullifiers?

By now, anybody who even casually follows the Tenther movement and the liberty movement in general has likely heard about the secession petitions circulating.  Yesterday, I had personally gone from only hearing about Louisiana, to hearing my State of New Jersey had one too, to hearing the count was up to twenty States.  That could be an old number by the time this makes it into the Tenth Amendment Center blog.

The language of these petitions is interesting, as they “ask” the federal government to let said States peaceably withdraw from the United States.  Although I confess to having signed, originally for Louisiana upon first finding out, and then for New Jersey, it was more out of curiosity than anything else.

Apparently, any State circulating these petitions requires a minimum of 25,000 signatures within thirty days in order to receive a White House response.  Texas has nearly double the required signatures, and Louisiana is likely a day away from hitting the threshold.  Several states are beyond halfway there.  Check to see if your State is on the list.  While you’re at it, go ahead and sign, so you can get your response.  The most likely response from the White House is a familiar word to anybody in the nullification movement, “No.”

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Hungry for Freedom

It is probably fair to say no President, First Lady, or candidate for said office has ever left a campaign event, state dinner or probably any meal in general saying, “Gee, I wish I’d had more to eat.”  Yet none before the Obamas entered 1600 Pennsylvania Avenue have claimed the authority to tell us what they want us to eat, while they eat what they want.  Plenty of kids across these 50 States have probably said that with increasing frequency in response to new federal mandates regarding school lunches.

While our First Lady is able to enjoy her favorite pizza, children in a Kansas school have made a video in protest.  Other students have said the portrayal is accurate, with students claiming they are still hungry throughout the rest of the school day.  There is so much wrong with this situation, it almost encompasses all the problems facing the Tenther movement today.

First, the school administrator interviewed said the solution in the past has been to make adjustments to the school lunches when there were complaints, but the new federal “laws” left him with his hands tied.  A word to that administrator personally, RESIGN!   Your primary responsibility is the well being of the students in your school.  You ought to know better than the people in Congress, the White House and the untold numbers of executive agencies trying to appear significant by churning out new rules.  You should even know better than the nine self-proclaimed demigods on the Supreme Court.  Show some spine and make the adjustments without their permission.  You want input on improving school food?  Go to your community first.

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Name Calling and “Tenther Nullification Nonsense” in Arizona

AzBlueMeanie claims in the article Neoconfederate insurrectionists in Arizona Legislature revive discredited ‘nullification’ theory that:

All elected officials in Arizona take the following oath of office:

“I do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of __________ according to the best of my ability, so help me God.”

And yet the Arizona legislature is populated by Neoconfederate insurrectionists who have violated their oath of office and are actively engaged in acts of domestic insurrection against the United States government.

Let’s get this straight now… AzBluemeanie believes that a state elected official who stands up against what he or she perceives to be a clear violation of the U.S. Constitution has “violated their oath of office and are actively engaged in acts of domestic insurrection against the United States government”. That is a pretty bold statement to make with no evidence to back it up. Nice job!

Let us bring some credentials into the discussion.

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The Freedom to Gamble

I don’t follow sports directly; they don’t interest me much. I do follow sports indirectly though, because I follow politics. And anymore nothing is sacred.  So government gets involved in that too. Everything’s been perverted by government involvement. I wrote some time ago about the prospect of a few states bucking the Feds and allowing sports gambling, among them was New Jersey, and the inevitable push-back is underway.

NBC Sports is reporting that 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. This is a clear example of a concept that Frédéric Bastiat described in The Law, in which one group engineers the legal code for its own benefit.

They, of course, do it under the guise of protecting the sport, but their motive is irrelevant, given that their means relies on State violence to achieve their ends. It’s immoral to coerce non-violent individuals into behaving in one way or another, and coercion is at the heart of every government action.

Of course this confederacy is able to use the government because the law, in Bastiat’s words, has been “diverted from its true mission,” which is protecting property rights, and now “it may violate property instead of securing it.”

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Brief Highlights from United Nations “Agenda 21″

The below sections are taken directly from the United Nations Agenda 21, and represents some of the serious concerns this plan represents to liberty for our people. Please note this overview is intended as a brief introduction, which may interest folks in looking further into the possible ramifications of Governmental Centralization. Please utilize the links at the bottom of the article to explore more of the discussion.

Section 1.1. Humanity stands at a defining moment in history. We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being. However, integration of environment and development concerns and greater attention to them will lead to the fulfilment of basic needs, improved living standards for all, better protected and managed ecosystems and a safer, more prosperous future. No nation can achieve this on its own; but together we can – in a global partnership for sustainable development.

Section 1.3. Agenda 21 addresses the pressing problems of today and also aims at preparing the world for the challenges of the next century. It reflects a global consensus and political commitment at the highest level on development and environment cooperation. Its successful implementation is first and foremost the responsibility of Governments. National strategies, plans, policies and processes are crucial in achieving this. International cooperation should support and supplement such national efforts. In this context, the United Nations system has a key role to play. Other international, regional and subregional organizations are also called upon to contribute to this effort. The broadest public participation and the active involvement of the non-governmental organizations and other groups should also be encouraged.

Section 2.32. All countries should increase their efforts to eradicate mismanagement of public and private affairs, including corruption, taking into account the factors responsible for, and agents involved in, this phenomenon.

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cameras-police-state

Tread carefully on the King’s Highways!

“If Big Brother saves lives, then I’m happy to be Big Brother.” – Florida’s Palm Beach County Commissioner Burt Aaronson

What is it about modern Western Civilization that has often caused people to trade things of greater value (wisdom, integrity, honor, liberty) for something of lesser or more ambiguous worth? Is it a misplaced hope, selfish interests, or a lacking in full comprehension of what’s truly at stake? For instance: take closed circuit television cameras (CCTV). These days, people can’t seem to walk (or drive) one city block without coming across several. We’re told they are there to keep us, and our property safe. But really, why so many? And more troubling still, how did the once nightmarish “Orwellian” future of constant observation become implemented with many folks simply unconcerned?

As the poster child of Government surveillance, red light cameras have become a hot-button issue for many liberty-minded activists, and rightly so. For instance, Photoenforced.com’s database lists 33 red light traffic cameras for Kansas City, and 87 for St. Louis. But while red-light cameras do present a sticky Constitutional issue, more disturbing is the often unnoticed concern of literally hundreds of cameras scattered across Missouri’s major roadways. (Please see The Eye in the Sky Graphic included below, or click Trafficland.com for more information)

The answer behind these cameras (and more) may lie with the U.S. Department of Transportation, who has been pushing for increased monitoring and control not only over the roadways in our communities, but also over the vehicles and operators themselves. In 1998, the Federal Motor Carrier Safety Administration, under Section 5117 of the Transportation Equity Act stated that Congress required the U.S. Department of Transportation to “conduct research on the deployment of a system of advanced sensors and signal processors in trucks and tractor-trailers to determine axle and wheel alignment, monitor collision alarm, check tire pressure and tire balance conditions, measure and detect load distribution in the vehicle, and adjust automatic braking systems.”

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Police State Clashes with Protesters in Chicago

With the recent outburst of Police-State action in Chicago, while we’d hoped it wouldn’t come to this – we can’t say we didn’t know it was coming. With images coming not out of Iran or Egypt, but out of some of the Tenther communities own back yard, we’re witnessing a literal army of state and federal funded police, in riot gear bloodying faces, shoving people – and according to some reports – even running people over. So it’s understandable that the Liberty community is a little apprehensive that what we’re witnessing isn’t yet another exception to the rule – but a sign of things to come for every-day Americans in the near future.

And regardless of where Tenthers choose to stand on the Occupy movement, the escalating action on the part of the local, State and Federal Government is certainly worthy of condemnation in regards to obvious first-amendment Constitutional violations. Besides, with the majority of the protestors remaining peaceful, there’s only been a select number acting with violent intent – who according to Bernie LaForest, member of the Tenther Community, stated was “mostly from the anarchist crowd from the G8 summits.”

This illustrates that with very little provocation (and in some cases none at all), our Government no longer seems interested in protecting our constitutional rights, but willing to reduce us to a “commodity” status where individual freedom has been reduced to a foot-note in the Fed’s 20 volume set of Red-Tape laws.

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Pushing Back on NDAA in Kansas

Kansas Representative O’Hara says that HR6021 (Opposition to NDAA) an important first step

In a hopeful attempt at interposition between the people of Kansas and the Federal Government, Chris Hong, wrote an April 25 article at L J World.com entitled “House committee looks at measure that advocates individual rights” that “The Veterans, Military and Homeland Security committee held a hearing on HR:6021, which opposes the 2012 National Defense Authorization Act signed by Pres. Obama. According to the resolution, the NDAA allows the ‘arrest, detention and rendition of American citizens without trial.’”

With a number of Kansans concerned that individual rights of Kansans (as well as those of people all across the United States) are under threat by the Federal Government’s NDAA measures – a reported “high number” of concerned people attended the hearing in the hopes of offering verbal support for HR:6021. In fact, it was stated that with testimony being limited to five minutes – it was still expected to require more than one session in order to hear everyone.

However, according to L J World, some leaders amongst the Kansas House believe that even if HR6021 should pass, the resolution wouldn’t have any effect on the Federal law.  “It’s just a statement,” said Rep. Mario Goico, R-Wichita.

“It doesn’t change anything other than make a statement on what the position of the House is.”

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Jefferson to Madison — Is Too!

Writing as if he were James Madison, Pete Spiliakos, in his recent article James Madison Keeps It Real On Nullification, (an excellent article I urge you to read) made an interesting argument stating that nullification and interposition were not legal. But before we get to that, let’s look at the rest of his article where he states as Madison that, “Now I’d say that nullification and interposition are two different things. The first is the alleged legal rights of states to suspend the enforcement of any law a state government feels to be unconstitutional within the borders of that state. The second is the power of the state government to protect their citizens from radical violations of their rights by the federal government. I know they sound similar, but they could hardly be more different.”

This is where he goes on to explain the difference between the two concepts. But when you break it down, it is the difference between turning your back and saying I am not going to do that and getting in the bullies face and saying I’m not going to do that and neither are you!

At the Tenth Amendment Center, we have a Model Legislation tab at the top of the page. We offer model legislative bills on different Tenth Amendment issues, and with some there are as many as three different versions.

First, there is a Resolution, which states what Tenth Amendment issue you are raising, and then asks that the federal government stop doing it, a lot like a First Amendment redress of grievances. Second, Nullification, where the Tenth Amendment issue is stated and you refuse to comply and forbid any state officer from aiding or complying with the federal government. Kind of the state version of civil disobedience. And finally comes Interposition, this one restates Nullification but not only will state officials not comply they will physically block federal officials from enforcing the “law” in the state. That’s were things get a little dicey. This is the last option no state wants to be pushed to, but when all else fails they must be willing to push back.

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