The Mainstream Media Is Recognizing The Supremacy of Nullification

We at the Tenth Amendment Center have promoted the idea that nullification brings people from both sides of the political equation together. And although we have seen mainstream voices from the establishment left and establishment right come together to denounce nullification, the idea continues to catch on amongst the freedom-starved American people. One recent example of nullification catching on comes from the left as author W.W. Houston wrote a recent article for the Economist on May 9 triumphing the idea of nullification and states rights.

Houston began his article with an interesting anecdote about the founding of the Republic of Texas. According to legend, freedom fighters in Texas held up a flag over their cannon that said ‘COME AND TAKE IT’ in defiance of their Mexican oppressors. Houston brought up a recent bill that had passed the Texas House that declared all federal gun control laws to be null and void, comparing it to their revolutionary ancestors. Usually, you would expect a mainstream media outlet at this point to go on a tyrade against this legislation calling it “crazy”, “racist”, “extreme” and every other derogatory term they could come up with. However, this time the Economist has thrown us a curve ball and is actually running the pro-States Rights point of view.

The article goes on to give a solid description of the arguments and counter-arguments for nullification before closing tremendously with an eloquent defense of states rights. “The discretion of states to decide what federal laws they will enforce strikes me as part of a healthy division and balance of government power. Requiring that states devote its citizens’ resources to the enforcement of laws with which the state legislature disagrees seems to me straightforwardly to deny the democratic sovereignty of the state’s people,” Houston said.

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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.”

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Missouri 2nd Amendment Preservation Act One Step Away from the Governor’s Desk

“The Second Amendment Preservation Act” successfully made its way through a Missouri State Senate Committee on Wednesday, bringing the state ever closer to protecting the natural rights of their citizens.

HB 436 was passed by a Senate Committee on a 4-1 vote. The bill was already passed by a strong veto-proof majority in the State House. It now awaits a full vote in the State Senate before it is fully passed and sent to the governor.

UPDATED 04-26 We’ve been informed that the Senate committee removed an unrelated amendment that the house inserted, so after passing the full senate it will first go back to the House for concurrence, then to the governor’s desk.

If passed into law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future.   It reads, in part:

All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

The bill also does a service of providing the State Legislature and the public-at-large with a history lesson that is particularly appreciated by Tenthers, saying, “The limitation of the federal government’s power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.”

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Missouri Looking To Amend State Constitution To Bolster the Right to Keep and Bear Arms

The State of Missouri is getting serious when it comes to protecting the gun rights of its citizens, and the legislature has proposed amending their State Constitution to show they that mean business.

Senate Joint Resolution 14 was passed by a landslide 29 to 2 vote on Apr. 4, and this proposed State Constitutional Amendment would provide ‘that a citizen has the right to keep and bear arms in defense of their family, in addition to the current rights in defense of home, person and property.’

The bill gets even better from there as it would not just re-affirm gun ownership rights for individuals but it would also remove ‘language stating that the right to keep and bear arms did not justify the wearing of concealed weapons’ and provide ‘that the rights guaranteed under this provision of the Constitution are unalienable. The State of Missouri is obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.’

The language in this proposed amendment is clear that the State of Missouri must act decisively in protecting the God-given right to bear arms. It is unclear how this would exactly take shape during a full-scale federal ban and seizure of firearms, but this type of action is a decisive rebuke of the would-be gun grabbers and creates the legal requirement that the State defend against such acts. The message is being sent loud and clear to the federal usurpers that at least one state will be firmly on the side of the people should they overstep their bounds on this important issue.

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The Keystone(d) State?

Last week Pennsylvania State Senator Daylin Leach introduced Senate Bill No. 528, known as the “Regulate Marijuana Act,” which decriminalizes the sale and use of marijuana for persons 21 years of age and older. Citing the efficient use of law enforcement resources, the potential tax bonanza and individual freedom, SB 528 ends criminal penalties and prosecution of cannabis users and small backyard growers, saving taxpayers tens of millions of dollars per year, according to Leach.

“Lives are being destroyed by prohibition,” observed Leach, making the case that the health and safety of Pennsylvania would be better served if marijuana were regulated in a manner similar to alcohol.

Leach’s decriminalization bill is actively backed by the non-partisan Students for Sensible Drug Policy, Pennsylvania Veterans for Marijuana Legalization and cleverly-named Pennsylvania Hempland Security.

The bill is not without its flaws. Most detrimentally SB 528 gives the state Liquor Control Board a near monopoly on the wholesale and retail distribution of marijuana, in the manner of Pennsylvania’s much maligned government retail sales of wine and spirits. Still, the bill attempts to reclaim state sovereignty against unconstitutional federal regulation, which is a welcome assertion of state rights secured by the Tenth Amendment.

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North Carolina Bill would Nullify Many Federal Gun Laws

North Carolina is the latest state to take a stand against federal gun control laws, as the Second Amendment Protection Act is now making its way through their State House.

House Bill 518 was introduced on Tuesday and is co-sponsored by an impressive 22 legislators with Reps. Jones, Holloway, R. Brown and Millis as the primary sponsors. It was referred to the Committee on the Judiciary on Wednesday where it awaits further action.

The bill states that “The North Carolina General Assembly finds that the right to keep and bear arms is a fundamental right. The North Carolina General Assembly affirms this right as a constitutionally protected right in this State… This Article applies to firearms, firearm accessories, and ammunition that are manufactured in North Carolina.”

The bill continues on to lay out rules to protect firearm and firearm accessories made in North Carolina saying, “A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in North Carolina and that remains exclusively within the borders of North Carolina is not subject to federal law, federal taxation, or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. It is declared by the North Carolina General Assembly that those items have not traveled in interstate commerce.”

To clarify any possible loopholes that the Feds may try to exploit within the law, the bill very specifically states, “The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made within North Carolina borders from those materials. Firearms accessories that are imported into North Carolina from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because the firearm accessory is attached to or used in conjunction with a firearm in North Carolina.”

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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.

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Minnesota Bills Would Nullify Warrantless Drone Spying

Companion bills in the Minnesota State House and Senate aim to curtail potential abuses by law enforcement pertaining to predator drones.

HF 612 and SF 485 were both introduced last month and they hope to specify guidelines to protect the privacy rights of Minnesotans. HF 612 has been referred to the Public Safety Finance and Policy Committee while SF 485 has been referred to the Senate Judiciary Committee.

The bills state that “law enforcement agency may not use a drone to gather evidence or other information on individuals.” This is meant to safeguard individual citizens from excessive spying by law enforcement. However, some exceptions are given for law enforcement personnel to use drones.

Such exceptions include if it is necessary “to counter a high risk of a terrorist attack by a specific individual or organization if the secretary of the United States Department of Homeland Security determines that credible intelligence indicates that there is this risk” or “if the law enforcement agency first obtains a search warrant authorizing its use” or “if the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or the
destruction of evidence.”

Although these exceptions may seem like they could be prone to abuse (ie. DHS fabricating evidence to show that a political dissident is involved in terrorism), Subsection 4 of the bill states that “A person aggrieved by a law enforcement agency’s violation of this section may bring a civil action against the agency.” This will hopefully give the public some recourse in fighting back against unlawful infringements on their rights if the bills are passed. The bills also make evidence collected in violation of these new rules inadmissible in the court of law.

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Nullifying Obamacare in Texas

HB 3785, authored by Rep. Charles Perry (HD 83), has been referred to the Federalism & Fiscal Responsibility Committee. This bill nullifies Obamacare in Texas and interposes against taxes created or increased by it. It’s not captioned as such, but those of us who worked on this bill call it the “Texas Taxpayer Protection Act”.

Part of the bill states:

The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” (PPACA) interferes with the right of the people of the State of Texas to regulate health care as they see fit.

Also, the bill states the United States Supreme Court decision upholding the PPACA as a tax is invalid.  One of the reasons stated was:

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Nulllification can lead to a State Economic and Prosperity Plan

Hear ye, hear ye.   Pull your chair up to the edge of the precipice. I have a story to tell…

Nullification can imply, if not be the road to  economic and prosperity as an action plan, demonstrating that State Soverignty is good the well being of its citizens.  Putting together three of TAC’s 10th Amendment legislations, plus creating a Health Free Zone in your  State could be the basis for revitalizing and promoting economic and prosperity for all in the State!

Based on a recent article, Create the first Health Freedom Zone in America. a live talk show referencing a couple great health reform ideas, Mike Adams has triggered an Action Plan for any state to move toward sovereignty. I am calling it the 2+2 plan= State Economic & Prosperity Plan.  Whether your State is nullifying ObamaCare or not, this plan opens the health field to competition, and creates a mecca for bringing commerce and prosperity to your State.

The 2+2 is a core strategy for state sovereignty and freedom.  The ‘+2′ part of the plan is a one-two punch for health, wealth and prosperity, but not self-reliance and the full blessings of liberty for you and your progeny.  Together, they are almost invincible.

The first ‘2′ in the “2+2″ is based on sovereignty principles for any state, country or wannabe self-sustaining jurisdiction. The ‘+2′ is viable actions a state can take.  Both 2′s in the ’2+2′ are things a state can do using legislation, the Tenth Amendment, honor ‘the blessings of freedom,’ and create a viable economy in these trying and surely to become darker times ahead.

There are two fundamental principles for creating a viable self sustaining, self reliant and self standing state:  gaining control of the Purse & Sword. This is based on the solid work of Dr Vieira, the constitutional lawyer who advances this theme (video).  TAC has been tracking this, the Purse idea via the Constitutional Tender legislation and the Sword via the Defend the Guard legislation tracking .

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