But even after spending $258 million, they couldn’t get one sign right.

An exhibit there has the worthy purpose of educating the public about the rule of law. The sign in question features what it calls “the four pillars of the rule of law:” divided powers, guarantees of individual rights, due process of law, and equal application of the law.

There are several defects in the sign. For example, instead of the repetitive quotes about  “due process of law,” it would have been better to explain the term. To the Founders, “due process of law” meant that when government officials proceed against a citizen, they have to follow pre-existing procedures; they are not allowed to  make up the rules as they go along.

But the biggest defect is a SCREAMING omission in the sign’s explanation of divided powers: “The powers and responsibilities of the United States government are divided among the legislative, executive, judicial branches.”

Whoa! What about federalism—reserving most governmental authority to the states? Better to have said, “Power is divided between the states and the federal government, and both state and federal powers are split among legislative, executive, and judicial branches.”

Your help is needed right now to ensure that HB436 becomes law – and federal gun control is subsequently nullified.

Action Items

1. Contact Governor Nixon.  While he’s not expected to be a friend of the effort, still call him and respectfully urge him to sign HB436.

2. Contact your State Senator and State Representative There is a veto-proof majority in both houses, but to ensure that holds, call your senators and representatives to voice your support for HB436 today!

http://www.senate.mo.gov/LegisLookup/Leg_Lookup.aspx

http://house.mo.gov/legislatorlookup.aspx

3. Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters. 

4. Encourage your local community to take action as well.  Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners.  Various local governments around the country are already passing similar resolutions and ordinances.  Local legislative action is a great way to strengthen a statewide campaign against 2nd Amendment violations. Get active locally!

model legislation here: http://tenthamendmentcenter.com/missourilocal

5. Connect with the Tenth Amendment Center on Social Media. Join the grassroots activism group -http://www.facebook.com/groups/2ndAmendmentMissouri/

BILL INFORMATION

HB436, the 2nd Amendment Preservation Act, might be the most appropriately named bill anywhere.  It proposes to do just what’s in the title, and would nullify virtually all federal gun control measures on the books – “past, present, or 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.

There is no stronger protection for the right to keep and bear arms anywhere in the country – if passed into law.

ADDITIONAL READING AND RESOURCES

The 2nd Amendment Preservation Act IS constitutional

How to Respond to Unlawful Orders

The 2nd Amendment didn’t “grant” rights

HB2710 “provides that law enforcement agency may use drone to intercept communications only as provided under laws relating to wiretaps and other interceptions of communications.”

In other words?  No warrant = no drone.

Action Items for HB2710.

1. Contact the Committee Chairman. Thank him for scheduling the hearing, and encourage him to vote YES on HB2710.

Floyd Prozanski 503-986-1704 sen.floydprozanski@state.or.us

2. Contact the other members of the Judiciary Committee. Strongly, but respectfully, urge each of them to vote YES on HB2710. 

Betsy Close 503-986-1708 sen.betsyclose@state.or.us
Jackie Dingfelder 503-986-1723 sen.jackiedingfelder@state.or.us
Jeff Kruse 503-986-1701 sen.jeffkruse@state.or.us
Arnie Roblan 503-986-1300 rep.arnieroblan@state.or.us

3. Encourage your local community to take action as well. Using model legislation from the Tenth Amendment Center, you can introduce legislation to nullify Drones in your city, town, and county with the Privacy Protection Act .

Model legislation here:
http://tenthamendmentcenter.com/legislation/privacy-protection-act/

4.  Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

ADDITIONAL INFORMATION 

While the state Privacy Protection Act applies to state and local law enforcement, and not federal drone us, it’s still a strong step forward to protect against federal plans for drone spying around the country.  At this stage in the ‘drone game,’ the feds are relying almost solely to get states and local communities to start drone programs.  Federal agencies are working hard behind the scenes to get states to operate the drones for them.

In fact, the primary engine behind the expansion of drone surveillance being carried out by states and local communities is the Federal government itself. Department of Homeland Security issues large grants to local governments so that those agencies can purchase drones. Those grants, in and of themselves, are an unconstitutional expansion of power.

In fact, this has been as much as confirmed by a drone industry lobbyist who testified in opposition to a similar bill in Washington State, saying that such restrictions would be extremely destructive to the drone market and industry.

The goal? Fund a network of drones around the country and put the operational burden on the states. Once the create a web over the whole country, DHS steps in with requests for ‘information sharing.’ Bills like these put a dent in this kind of long-term strategy. Without the states and local communities operating the drones today, it’s going to be nearly impossible for DHS plans to – take off.

I see he has been fined $1,000.  And get this: the TSA said they fined him for breaking their rules.  THEIR rules?  Apparently they have a series of rules that We the People must follow: “no person may interfere with, assault, threaten, or intimidate screening personnel in the performance of their screening duties.”  (What was a naked man threatening them with, one must wonder. But I digress.)

And now for some humor.  The TSA representative said “All of TSA’s policies and procedures comport with the law and the Constitution.”

I have my Constitution out. I don’t see any delegated power indicating the feds may fondle people for simply wanting to travel.  Ah, here it is, in the Fourth Amendment.  “the right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Oh, wait! That appears to be exactly the opposite of what the TSA does.

The TSA’s annual budget runs over $5 billion per year.  Seems like that might be a place to cut the budget.  Defund and dismantle the TSA.  It executes its lawlessness on the American people very personally, every day.

But even with broad-based popular support, the Alabama House failed pass the bill and do its duty to protect Alabamians from federal overreach. SB93 did not move out of House Committee before session deadlines.

With the next legislative session a year away, only one option remains, and it’s likely the most effective: build grassroots groups to block violations of the  Second Amendment at the local level.

Counties and cities must refuse to assist any federal attempts to violate your right to keep and bear arms in their jurisdictions. Starting now, work to get your county, city or town to pass a resolution then a binding ordinance in response to violations of the 2nd Amendment.  Covering the state with local communities saying NO to such unconstitutional federal acts will not only render the laws “nearly impossible to enforce” as Judge Napolitano has said – it will also provide the heavy pressure needed to ensure that the state legislature will have the courage to do the same in the future.

Of course, local governments won’t act without your input and grassroots pressure. The good news is a few dedicated individuals can make a difference at the local level.

That’s where you can step up to the plate.

It’s going to take work to ensure that this is how things play out.  Here’s what you can start doing right now.

1.  Contact your local legislators – County, City, Town - and urge them to introduce model legislation in support of the 2nd Amendment Protection Act.

local ordinance here:
http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/

2.  Become a local leader.   If you’re dedicated to the right and keep and bear arms, we’ll provide you with the tools you need to not only act on your own, but to organize and lead others to help support these efforts.

contact us here and let us know – http://tenthamendmentcenter.com/volunteer

3. Get active on Facebook.  Join the 2nd Amendment Alabama group and stay active in support of SB93 and other legislation coming forward. Even if this bill does not get heard, this Facebook group is the means to form grassroots support to act locally and in the state.

https://www.facebook.com/groups/2ndAmendmentAlabama/

4. Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

ADDITIONAL READING AND RESOURCES

The 2nd Amendment Preservation Act IS constitutional

How to Respond to Unlawful Orders

The 2nd Amendment didn’t “grant” rights

HB149 is only one piece of the puzzle to nullify the unconstitutional federal act.  The most important step is something you can doing right now – nullify locally!

Government bodies at the local level can step into the fray. Counties and cities must refuse to assist any federal attempts at indefinite detention in their jurisdictions. Starting now, work to get your county, city or town to pass a resolution then a binding ordinance in response to NDAA indefinite detention.  Covering the state with local communities saying NO to the unconstitutional federal act will not only render the law “nearly impossible to enforce” as Judge Napolitano has said, it will also provide the heavy pressure needed to ensure that the state legislature will have the courage to do the same in the future.

Here’s what you can start doing right now.

1.  Contact your local legislators – County, City, Town - and urge them to introduce model legislation in support of the Liberty Preservation Act.

local ordinance here:
http://tenthamendmentcenter.com/ndaa

2.  Become a local leader.   If you’re dedicated to stopping federally sanctioned kidnapping, we’ll provide you with the tools you need to not only act on your own, but to organize and lead others to help support these efforts.

contact us here and let us know – http://tenthamendmentcenter.com/volunteer

3. Get active on Facebook.  Follow the Texas Tenth Amendment Center and join the Nullify NDAA group for Texas:

http://www.facebook.com/TexasTenthAmendmentCenter
http://www.facebook.com/groups/nullifyndaatexas/

4. Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

BACKGROUND ARTICLES AND INFORMATION ON NDAA “INDEFINITE DETENTION”

NDAA: Open Season for the Police State

Scary Potential in Sections 1021 and 1022

There is absolutely ZERO serious dispute about the fact that the federal government cannot “commandeer” the states to carry out its laws.  None. Even the Supreme Court has affirmed this multiple times.

In the 1992 case, New York v. United States, the Supreme Court ruled that Congress couldn’t require states to enact specified waste disposal regulations.

In the 1997 case, Printz v. United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks on prospective handgun purchasers.

In the 2012 case, National Federation of Independent Business v. Sebelius, the Supreme Court ruled that a significant expansion of Medicaid was not a valid exercise of Congress’s spending power, as it would coerce states to either accept the expansion or risk losing existing Medicaid funding.

In each of these cases, the Supreme Court made is quite clear that their opinion is that the federal government cannot require the states to act, or even coerce them to act through a threat to lose funding.  Their opinion is correct.  If the feds pass a law, they can sure try to enforce it if they want.  But the states absolutely do NOT have to help them in any way.

Note: while some believe that the 2013 NDAA eliminated indefinite detention, it does not.  Dianne Feinstein introduced a very weak amendment to 2013 – and it failed anyway.  2012 indefinite detention provisions remain in tact – and the Obama administration is aggressively defending them in court.

Also, a case about indefinite detention is still being heard in federal court. Last year, Federal Judge Katherine Forrest struck down these indefinite detention powers as unconstitutional. She issued a temporary court order blocking the use of these powers.  That order was revoked by the appeals court and indefinite detention powers remain while the case is currently on appeal but not decided.

Additionally, when asked by Judge Forrest if the federal government was using indefinite detention in violation of her temporary order blocking it, Barack Obama’s attorneys refused to confirm, leaving the door open that the Feds were potentially using this power in secret, even in outright defiance of an order from the federal courts.

Because of all this, and more, the state stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.  Whether on a local or a state level, NDAA should be rejected with full confidence.

But even with mounting pressure, grassroots organizations across Kansas can take action and nullify  that message.

The power to determine the extent of federal authority in the last resort resides in the people of the states, not a select few in DC. Under the newly passed Firearms freedom act, and now,  any federal action, law, regulation, or order infringing on the right to bear arms in Kansas is unenforceable.

The new law states, “Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas.”

The law goes on to specify the operative interpretation of the Second Amendment.

“The second amendment to the constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861, and the guaranty of that right is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.”

Based off this text, the state of Kansas is not allowed to participate in any federal gun control measures that restrict the individual right to keep and bear arms as understood in 1861. 

But passing the Firearms Freedom Act was merely the first step. Kansans will need to apply constant pressure at the local level to ensure policy makers follow through. Local support will play a key role in the success of the new Kansas law.

Two county commissions have already stepped up and indicated that they have Gov. Bownback and the state legislature’s backs.  Butler County and Seward County commissions recently approved resolutions in support of the state law and Second Amendment rights.

Butler County and Seward County took a great first step. Now other county and city commissions need to follow suit and even turn it up a notch. Cities and counties need to  back up resolutions with ordinances prohibiting any cooperation with federal agents attempting to enforce acts violating the Second Amendment.  Herndon, Kansas has done so and others need to join them.  These ordinances will add another row of teeth to the state law and will let lawmakers in Topeka know you support their stand.

ACTION ITEMS to help make that happen!

1.  Contact your local legislators – County, City, Town - and urge them to introduce model legislation in support of the 2nd Amendment Protection Act.

Local ordinance for Kansas:
http://tenthamendmentcenter.com/kansaslocal

Model legislation for the rest of the country:
http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/

2.  Become a local leader.   If you’re dedicated to the right and keep and bear arms, we’ll provide you with the tools you need to not only act on your own, but to organize and lead others to help support these efforts.

contact us here and let us know – http://tenthamendmentcenter.com/volunteer

3. . Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

ADDITIONAL READING AND RESOURCES

The 2nd Amendment Preservation Act IS constitutional

How to Respond to Unlawful Orders

The 2nd Amendment didn’t “grant” rights

Testimony

A.B. 351 full hearing  

The Illinois House passed the bill legalizing marijuana for medical use by a vote of 61-57 in April, and the Senate concurred by a vote of 35-21.  on Wednesday.  Passage into law would nullify, as 18 states are already doing, unconstitutional federal bans on the plant.

Congress and the president claim the constitutional authority to ban marijuana. The Supreme Court concurs. But sharing an opinion on something doesn’t necessarily make it a fact. You can claim you are a unicorn, but you’re not. Clearly, the Constitution delegates no power of marijuana regulation to the feds. And the so-called war on drugs rests on the same legal authority as all of the other modern-day undeclared wars.

None.

So, more and more states continue to do exactly what they should do when the federal government tries exercise power it does not legitimately possess.

Ignore it.

Nineteen states have done just that, legalizing marijuana for either limited medical purposes – or as done by the People of Washington State and Colorado last fall, legalize the plant for the general public. The wave continues to build, with even more state legislatures considering medicinal marijuana legislation in the current session, and more likely to follow suit this year and next.

The message?  When enough people say NO to unconstitutional federal “laws” – and enough states back them up, there’s not much the feds can do about it.

The final vote for HB1 was cheered by supporters who say that this is compassionate legislation which could save patients from the agony caused by illnesses such as cancer, multiple sclerosis and HIV – even though the federal government opposes such help for sick people.

Under the bill, an individual could be prescribed no more than 2.5 ounces of marijuana over two weeks. A doctor who prescribes marijuana must have had a prior and ongoing relationship with the patient.

Patients would have to buy the marijuana from one of 60 dispensing centers throughout the state rather than be allowed to grow their own. Workers at dispensing centers would undergo criminal background checks, the stores would be under around-the-clock camera surveillance, and users would carry cards that indicate how much they had purchased to prevent stockpiling.

The feds insists Americans can’t use marijuana. That hasn’t stopped 19 states from legalizing medicinal cannabis. And the people of Colorado and Washington voted for full marijuana legalization last November.

“Clearly, the Constitution delegates no power of marijuana regulation to the feds. And the so-called war on drugs rests on the same legal authority as all of the other modern-day undeclared wars…none,” Tenth Amendment Center executive director Michael Boldin said. “The rapidly growing and wildly successful state-level movement to legalize marijuana, either completely, or for medical use, proves that states can successfully nullify unconstitutional federal acts. The feds can claim the authority to prohibit pot all they want, but it clearly has done nothing to deter states from moving forward with plans to allow it, pushed by the will of the people.”.

HB1 now moves on to Governor Quinn for a signature.

Kansas was admitted to statehood in 1861, affirming its commitment to the Second Amendment by adopting Section 4 of the State Bill of rights. It provides for the right to keep and bear arms, for the defense of self, family, home and state. With that right under assault by an overzealous and overreaching federal government, state officials moved in to interpose. On April 16, Gov. Brownback signed “The Second Amendment Protection Act” into law.

The passage and signing of the 2nd Amendment Protection Act represented a huge step in protecting the right to keep and bear arms in Kansas, but local support will play a vital role in the ultimate success of the new Kansas law. The town of Herndon did its part to add another layer of protection for its citizens, passing an ordinance refusing any local cooperation with federal efforts to infringe on the Second Amendment. If other cities, counties and towns follow Herndon’s lead on this, blanketing the entire state with local governments refusing to enforce, federal gun control measures will be rendered toothless throughout the state. Judge Andrew Napolitano affirmed that such widespread noncompliance can make federal laws “nearly impossible to enforce” (video here). Quite simply, the federal government absolutely cannot enforce gun control in Kansas without the help of Kansas.

On May 7, the Honorable Mayor Kenny Chartier, introduced  Ordinance # 510 to the city council. The council did not even wait for the presentation of the ordinance before making a motion to adopt. It prohibits any agency or person in the employ of the City of Herndon from enforcing, providing material support for, or participating in any way in the enforcement of any act, law, treaty, order, rule or regulation of federal government regarding personal firearms, firearm accessories, or ammunition with the city limits.

Several county commissions have passed resolutions in support of the Kansas Firearms Freedom Act, but Herndon stands as the first locality to pass a legally binding ordinance. (See the update at the end of the article)

Chartier said his background is deeply rooted in Herndon. His great-great grandparents homesteaded there in 1879.

“Those that oppose taking this action do not understand the Constitution. Our Second Amendment Rights are not negotiable and it is our responsibility to defend these rights.”

The example set by Mayor Chartier and the City Council of Herndon are part of a growing trend in America of folks taking a stand to nullify federal laws by refusing to enforce them at the local level. In Kansas, this movement will prove vital in supporting the recently passed state law. Other cities and counties should follow Herndon’s lead and pass ordinances prohibiting any cooperation with federal agents attempting to enforce acts violating the Second Amendment. These ordinances will add another row of teeth to the state law.

You can read the full text of the Herndon ordinance at the end of this post.

UPDATE: There has been at least one other local government that has passed legally binding legislation:  Sedgwick County. In Kansas, a city government’s way of making law is through an ordinance. For cities, resolution are non-binding. However, counties pass law by resolution and its proclamations are non-binding.

This was part of the discussion among the Sedgwick County commissioners when they were debating their resolution. At least one commissioner wanted to change it to a proclamation because a resolution has the effect of being law at the county level. This commissioner  felt that it would be redundant didn’t like the idea that a new law was needed to support the Second Amendment when they have already sworn an oath to do so. More here: http://www.kansas.com/2013/04/16/2764474/commissioner-wants-to-change-second.html

Here are some concrete steps you can take today

1.  Contact your local legislators – County, City, Town – and urge them to introduce model legislation in support of the new Kansas 2nd Amendment Protection Act.

local ordinance for Kansas here (pdf):
http://tenthamendmentcenter.com/kansaslocal

Model local legislation for the rest of the country:
http://tenthamendmentcenter.com/2ndamendmentpreservation

2.  Become a local leader.   If you’re dedicated to the right and keep and bear arms, we’ll provide you with the tools you need to not only act on your own, but to organize and lead others to help support these efforts.

contact us here and let us know – http://tenthamendmentcenter.com/volunteer

3. Kansas residents – Join the 2nd Amendment Preservation Group on Facebook.  This group is the center where grassroots activists can coordinate, task, and activate their communities to stop federal infringements. Click here to join in!
https://www.facebook.com/groups/2ndAmendmentKansas/

This group is the center where grassroots activists can coordinate, task, and activate their communities to stop federal infringements. Open the toolkit to see how you can help out! Whether you are talking to your council members, speaking at events, educating your neighbors, or help fund gun safety training, there’s something YOU can do!

4. Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

For additional reading:

The 2nd Amendment Preservation Act IS constitutional

How to Respond to Unlawful Orders

The 2nd Amendment didn’t “grant” rights

2nd Amendment Preservation – Ordinance #510 in Herndon, Kansas by Tenth Amendment Center