Missouri House Moving Forward on State Sovereignty Legislation

“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” – The Tenth Amendment to the Constitution of the United States

As the federal government was created by the states specifically to be an agent of the states, the Tenth Amendment serves to define federal power as that which is specifically granted by the Constitution of the United States – and no more! The United States Supreme Court even went so far as to rule in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states. But lately, the states are increasingly being treated as agents of the federal government, with many federal mandates standing in direct violation of the Tenth Amendment to the Constitution of the United States.

But under HCR:7, the members of the Missouri House of Representatives “hereby claims sovereignty for the State of Missouri under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and BE IT FURTHER RESOLVED that this resolution shall serve as a notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally-delegated powers; and BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and President of the Senate of each state’s legislature of the United States of America, and each member of the Missouri Congressional delegation.

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The First State Needs to Act Like a State

Amid the chatter among fellow Tenth Amendment Center contributors, it came up in conversation that Delaware currently lacks a Tenth Amendment Center state chapter.  This was while discussing an article in the Examiner about a bill in the Delaware House that would essentially do the opposite of the Sheriffs First model legislation advocated on the Tenth Amendment Center website.

Delaware, as far as the Tenth Amendment Center’s legislative tracking goes, shows only two pieces of legislation on record, with very different results for the two bills.  HB353, the Health Care Freedom Act, was introduced March 30, 2010, and didn’t get any further than that.  The bill has not been reintroduced in any subsequent legislative session.  The other, SB17, legalized marijuana for medicinal use; it passed both the House and Senate by considerable majorities and was signed into law May 13, 2011.  Delaware, like New Jersey, apparently can pass Tenth Amendment related legislation when their officials feel the situation calls for it.  Unfortunately, that situation doesn’t seem to come along very often.

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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:

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2011: Some Personal Highlights

I wanted to share my personal list of top experiences and milestones from the past 12 months that have me going strong into the new year:

Nullify Now! Los Angeles – This event was possibly the most challenging Nullify Now! event of the entire tour.  The stakes were high- we could not allow anything short of our goal in our home city!  What we somehow pulled off was more festival than meeting, with live music, art on display, panoramic views and the hardest hitting Tom Woods speech of the entire tour.  Nearly 500 came to the event, at least 30% of which were young people.  It was a day I’ll never forget.

Fundraising Call Center – For the first time as an organization, we paid for help to raise money.  Nick Hankoff and Rajani Elek came in an made hundreds of calls to ask for financial support.  To our surprise, most of those calls ended with “thank you for calling me”.

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Are Tenther Governors on the Horizon?

Your Governor took an oath to the Constitution of the United States- one which they have not followed.

Each of the 50 governors have enormous potential to lead the process of breaking apart the power centralized in DC and return it to We the People. Despite this potential we have yet to see even one strong willed example, willing not only to talk the talk but also do what America’s founders said must be done in the face of Federal tyranny. This has been true for decades.

At least two States now have a chance to vote for Gubernatorial candidates who promise to do just that.

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Oklahoma governor puts taxpayers’ money where her mouth is

Oklahoma governor Mary Fallin just set an important precedent. By rejecting $54.6 million in federal money to begin implementation of ObamaCare, the governor has firmly set herself against the unconstitutional law and with the citizens of her state. From Fox News: To make it clear Oklahoma will develop its own plan, the state will not accept a $54.6 million…

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Who’s the real hypocrite?

Some guy named Doug Thompson took a cheap shot at Ron Paul recently in an incoherent article titled “The Constitutional hypocrisy of Ron Paul.” From what I could gather, Thompson’s claim is that Ron Paul supports nullification and the 10th Amendment, therefore Ron Paul is a racist because a document published in 1956 called the Southern Manifesto once alluded to nullification.

No mention of the Virginia or Kentucky Resolutions, or of Thomas Jefferson.

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South Carolina reps see the light on Commerce Clause

Two state representatives in South Carolina are pushing back against a federal ban of incandescent light bulbs set to begin in January of 2012. There is no constitutional authority for Congress to impose such a ban on the citizens of the several states, and it’s nice that South Carolina noticed. From NetRightDaily: “State Representatives Sandifer and Loftis are taking the lead…

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Dan Casey Betrays His Ignorance While Ranting About Tenthers’ “Flawed” Arguments

Casey’s central argument against what he views as our misreading of the Constitution, betrays both his ignorance of the history surronding the Constitution and the rules of legal interpretation that were understood very well by the those who framed and ratified it.

Both James Madison (the author of the amendment Casey uses to make his case), and Alexander Hamilton, had serious reservations about a Bill of Rights. Why? Because they argued what Tenthers today understand — that the Constitution created a federal government of strictly limited powers. That’s the reason pro-ratification founders, like Hamilton, expressed concern that the Bill of Rights:

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