If You Have an Ally, Don’t Go It Alone

Cross posted from the Pennsylvania Tenth Amendment Center.

There is a point that I think I’ve been trying to get to for much of the time that I’ve been working with the Tenth Amendment Center.  Unfortunately, I don’t think I’ve done a very good job at getting there.  I’ve written a few articles that skirted past it and danced around it, but I kept missing this particular target.  It’s something that we probably all know, but maybe we don’t all know that we know it.

I got close to this idea it in The Individual and the Tenth, where I talked about the role of the individual in resisting the federal government during the “Whiskey Rebellion”.  Apparently, though, I didn’t really have things clear enough in my own mind at the time, because I only got part way there.  It came closer to the surface some time last year, when I drew up this diagram, intended to depict the proper Constitutional balance of power.

Details

Presidential Election 2012: Spitting into the Wind

To those of you who believe the Republican Party will save you from the evil mechanizations of the Democrats…sorry. It ain’t going to happen in November 2012. And that’s even if their poster-boy Mitt Romney steals the show. Why? Well, Missouri Tenth has made it pretty darn clear in the past, but we’ll say it once more: The Executive Branch of the Fed is wildly out-of-control (see Federal Government Made Simple to see how it has grown over the years), and the people of the States have pretty much come to accept what’s become a King-like ruler over them.

Now, because the President has become such a terrifyingly powerful agency, with so many Americans grumbling (but not doing anything) about the lack of choice for their supreme leader, we thought we’d take a moment to share our thoughts on why you should expect business as usual from our two saviors of the union: Money-bags Mitt and Overlord Obama. But you already know what to expect from Obama, so let’s focus on Romney – an individual many “conservatives” believe might just be the guy to turn things around.

State of Republican Party

But first, let’s review the state of the Republican Party in general, by taking a look at the article entitled GOP stands down on social issues, focuses on jobs, by Laurie Kellman of the Associated Press. In it, she writes, “Republicans stung by culture wars that dominated the nation’s political discourse this year are standing down on social issues…” Kellman notes that while the GOP plays around with abortion and family issues with little serious intentions to do anything about it, House Speaker John Boehner reminds folks that he’s focused on jobs – and not much else. As for someone in our own backyard, Rep. Jo Ann Emerson of Missouri was quoted as saying “I truly believe that those things will shake out in a more positive way if we can just deal with the issues that we really need to deal with, on the economy and fiscal side, and shame on us if we don’t do it.”

So it should really come as no surprise that Establishment Republicans have, for the most part, settled on yet another fat-cat businessman with just enough “religion” to hopefully dupe Americans into voting for him. Let’s proceed, shall we?

Details
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.”

Details

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.

Details

Religious Nullification – Part I – HHS Mandate

For the better part of a year, I have personally wanted to start a series on the religious history of Nullification, both in America and worldwide, even before the beginning of America and in some cases before the existence of Christianity. The recent showdown over the US Bishops and the Obama administration over the HHS mandate regarding abortion and contraceptive funding in health insurance plans has opened up that door with a modern day example.

While the Catholic Church has been the most visible player on this issue, Orthodox Christian, Protestant and Jewish leaders have voiced their solidarity with the Catholic Bishops in their opposition to the HHS mandate.  There were also examples in my research of Muslim leaders joining in interfaith protests against the mandate, and brief mentions in the media of Muslim organizations joining in, but I personally found little on Muslims generally supporting or opposing the mandate.

While perhaps not every Tenther is opposed to abortion and contraception, to force religious employers, or even non-religious employers whose personal convictions forbid one from paying for things that conflict with their conscience, is a clear violation of the First Amendment, and unjust in general.

One’s religion is much more than what one does for an hour or two on Sunday, Saturday or any other day of the week. Most religions have rules governing not just how their adherents worship, but also how they carry themselves in day to day life. And in some cases, the violation of some of those rules results in de facto and/or public excommunication from that religion.

Details

Will Kansas Interpose to Protect Residents Against NDAA?

April 3, 2012: It’s official. The people of Kansas are serious about protecting their natural rights, and won’t be led into the shackles of tyranny without a fight. Because, as reported at “Occupy 316”, members of Occupy Wichita recently recognized the 2012 NDAA passage for what it was, and staged a demonstration outside Senator Pat Roberts’ office – complete with detainees, a prison cell and private security personnel. (Senator Roberts was one of the Kansas Senators who voted Yes on NDAA, along with fellow Senator Jerry Moran, and Representatives Lynn Jenkins, Kevin Yoder and Mike Pompeo).

And as reported by Michael Boldin in the Tenth Amendment Center article “Cherokee County Rejects NDAA”, the people of this county didn’t wait around until their citizens began disappearing off the streets, but took preemptive action, unanimously passing a resolution in opposition to the NDAA.

But now, with the help of leaders like Kansas Rep. Charlotte O’Hara (Dist.  27), Kansas government may have an opportunity through HR 6021 to interpose (via nullification) on behalf of the people. For example, HR6021 makes clear that, “The NDAA contains provisions repugnant to, and destructive of, the constitutions and Bill of Rights of the United States of America, and this state, directly violating the U.S. Constitution’s Article I, Section 9 [Habeas Suspension Clause], Article III, Section 2, Clause 2 [Trial by jury of all crimes except impeachment], Article III, Section 3 [Treason Clause], Article IV, Section 4 [guarantee of a Republican Form of government] the 4th Amendment [Protection against unreasonable search and seizure] 5th Amendment [Right to grand jury indictment and due process], 6th Amendment [Right to speedy and public trial], 8th Amendment [Protection against cruel and unusual punishments], and 14th Amendment [Equal protection], as well as infringes on the entirety of the Bill of Rights and basic structure of the Constitution, making We the People insecure in the exercise of any of our Rights and Powers…

Because of the above injuries and usurpations of the Constitution, HR6021 states that the NDAA provisions are not only establishing an absolute tyranny over the states, but “are nearly identical to many of the long train of abuses and usurpations that compelled our forefathers to take up arms and to separate from Great Britain, as enumerated in The unanimous Declaration of the thirteen united States of America, of July 4, 1776: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas: That for the above and forgoing reasons, this Legislature expresses its belief that the National Defense Authorization Act for fiscal year 2012 (NDAA) is unconstitutional in authorizing the President to use war powers, the “law of war,” and/or martial law in the United States and its territories over any person…

Appreciate your right to free speech? Speak up!

Details

Pennsylvania Tenth Amendment Legislation Status – March 25, 2012

New Arrivals to Legislative Tracking

These Tenth Amendment related items are currently under consideration in the Pennsylvania Legislature and are appearing for the first time in our legislative updates:

  • HB1622 – An Act providing for Pennsylvania-manufactured incandescent light bulbs. -  Representative GABLER – Referred to COMMERCE, July 18, 2011 [House].
  • HR436 – A Resolution designating October 10, 2011, as “Tenth Amendment Day” in Pennsylvania. -  Representative CREIGHTON – Adopted, Oct. 5, 2011 (200-0) [House].
  • HR319 - A Resolution memorializing Congress to repeal the provisions of the Energy Independence and Security Act of 2007, which creates Federal energy efficiency standards for lighting. – Representative GABLER -  Referred to ENVIRONMENTAL RESOURCES AND ENERGY, July 18, 2011 [House] .
  • HR369 - A Resolution memorializing the Congress of the United States to address concerns raised by recent regulations promulgated by the Federal Highway Administration concerning road and street signs. – Representative LAWRENCE - Referred to TRANSPORTATION, Aug. 10, 2011 [House].

Updates

Legislative items which have already been reported and have changed from our last update include:

Details

To Some, the Tenth and Nullification is Taboo

With a quip typical of a main stream media talking head, Scott Keyes traversed some well worn turf in the article entitled “Strict Constitutionalist’ Ron Paul Endorses Nullification As A ‘Very Good’ Idea”. In the post, Keyes attempts to justify federal legislative oversteps by referring to any act of congress as “the supreme law of the land” and thus, are good to go.  He makes no distinction in this assertion for the sovereigns of the state, or the individual.

It’s sad really…

As the Constitution lays out the framework for our great republic, the first ten amendments guarantee that the government cannot encroach on, or take away our freedom and liberty.

Our natural rights.

You might recall those. We have been losing a lot of them lately.

He comes to this conclusion by referring to the test of the Constitution which “states clearly that acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding”

Keyes interpretation of the constitutional passage show no regard for the Ninth or Tenth Amendments.

Details

Food Freedom for New Hampshire?

The mood of  New Hampshire’s  legislature concerning an overstepping federal government is clearly illustrated in NH HB1650. In no uncertain terms, the representatives of the people of New Hampshire have made clear their thoughts on the role of the United States Government,  declaring that Uncle Sam is bounded by the U.S. Constitution, and that when it decides to step outside these limits, it is unlawful  and of no effect. The bill has provisions which would make it a criminal act for its violation:

439-A:5 Penalty.

I. Any public servant of the state of New Hampshire as defined by RSA 640:2 that enforces or attempts to enforce a federal act, order, law, statute, rule, or regulation upon a foodstuff labeled “Made in New Hampshire,” that is produced commercially or privately in New Hampshire, and that remains within the state of New Hampshire shall be guilty of a class B misdemeanor.

Details

Missouri Stands on Tenth Amendment to just say NO to Obamacare – HB1534

The Missouri State House has introduced proposed legislation, sponsored by Representative Kurt Bahr, and co-sponsored by Andrew Koenig, which would allow for misdemeanor charges being filed against any state or federal official attempting to enforce or implement the federal Patient Protection and Affordable Care Act in the state. The legislation also makes plain Missouri’s view, summarizing that the act is considered unconstitutional as it exceeds “the powers granted to Congress under the United States Constitution. Therefore, it is not law and is altogether void and of no force.” The tone of the proposed legislation clearly shows Missouri is not at all happy with the mandate sent down from D.C.

“Null and void from inception” is an accurate way of describing an unconstitutional law inferring it has  no basis or authority within the Constitution for the United States allowing it to be even proposed for debate or voted upon by Congress. The summary text is stating this idea clearly by relaying  ” it is not law and is altogether void and of no force”

Text within the proposal itself specifically declares that Missouri considers Obamacare to be unconstitutional:

Details