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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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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“Constitutional Rights”? Not Really

I frequently hear people talk about how many “constitutional rights” we have lost under (fill in whichever President’s name). This brings up a very interesting misunderstanding about the origin of our rights… For one thing, our rights don’t come from the Constitution; the Constitution merely recognizes that our rights preexist it.

For instance, in the 2nd Amendment it goes like this:

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

It says “the right of the people to keep and bear arms shall not be infringed” ..not “the people shall have the right to keep and bear arms” – this is a very important difference in syntax! This is true throughout the document, and the document even recognizes in the 9th Amendment that we have all the rights not specifically mentioned.

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

If the Constitution gave rights, then the syntax of the 9th would say something like “that the people shall enjoy” or “that the people shall have” instead of retained by the people.”

The meaning of the subtle difference here is profound, and has vast implications!

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To Intervene or Not to Intervene?

Turkey has a fighter plane shot down by a Syrian missile defense battery. Do you think that they will respond with military force? Do you wonder if anyone in our central government said that they wished it was one of our F4 Phantoms that was fired upon?

Syria, much like Libya before it, is in a civil war. There is a large group of people tired of the oppression of their ruling government and they are killing each other.

We had a President once who thought he knew better and went to war to prevent a bunch of states from withdrawing from the union of states that they had previously sought to join as members.

No country decided who was right and who was wrong and sent troops over here to fight on a side; did they? Is it our place to decide who is right and who is wrong in Libya, or Syria?

Let us say our country arrives at a point where we find ourselves in a civil war.

Say the people of a number of states tire of the tyranny of the central government. They refuse to be threatened with indefinite detention without trial or evidence.

They refuse to live with drones able to conduct 24 hour surveillance without any warrant. No more will they submit to bodily searches by uniformed thugs before they travel or having their mail, phone calls and Internet activities monitored.

A number of states decide that they cannot realistically expect their citizens to be able to pay their state, property and sales taxes needed to maintain the state as well as pay federal taxes for the central govt. to fund programs that support the schooling, food, housing and utility assistance of those who pay no taxes.

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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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A Busy Week for the Tenth Amendment in Pennsylvania

According to the West Chester Patch, two Tenth Amendment legislative items are on the House calendar in Pennsylvania this week.

First, the House State Government Committee will take up SB10, “A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for health care services“, in a hearing beginning at 9am tomorrow. This legislation proposes an amendment to our state Constitution which prohibits:

  • laws requiring an individual to purchase health insurance;
  • penalties for direct payment for health care services; and
  • penalties, taxes, assessments or fees for failure to purchase health insurance.
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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!

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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.

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Virginia Taking a Stand Against EPA

Virginia House Delegates Robert G. Marshall and Anne B. Crockett-Stark recently introduced  HB 27. The Residential energy efficiency standards exempts certain homes from federal cap & trade legislation,  and would limit the power of the EPA to set the standards for home construction in Virginia, as stated in the bill’s brief description.

Residential energy efficiency standards. Exempts any residential building or manufactured home in Virginia from being subject to federal legislation relating to residential energy efficiency standards if such building complies with the Statewide Uniform Building Code. Except to the extent required by the Statewide Building Code, the owner of such building or home cannot be required by the federal government to (i) have an energy efficiency analysis conducted on his residence, (ii) have his residence meet federal energy efficiency standards, (iii) participate in a building performance labeling program, (iv) make modifications to the residence in accordance with federal legislation, or (v) post a label showing the energy efficiency of his home prior to its sale. The bill also prohibits any state agency from assisting any federal agency in the implementation of global warming or climate change legislation.

We at the Tenth Amendment Center believe strongly in the wisdom and views of two of Virginias’ most respected statesmen on the duty of the  states under the US Constitution; “and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said  compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”- James Madison, Virginia Resolutions, 1798;”whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force”- Thomas Jefferson, Kentucky Resolutions, 1798

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New England Nullification Movement Grows

Back in March, the town of Sedgwick, Maine courageously voted to nullify certain unconstituional federal regulations dealing with local food production. The ordinance was passed in response to S.510, the odious Food Safety and Modernization Act, written by agricorps like Monsanto to put their smaller competitors out of business, and passed by Congress under the cover…

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