Tag Archives | Constitution

Nothing to Worry About on Indefinite Detention? Guess Again

By on December 3, 2012 in Big Brother, Big Government, Constitution, Nullification, Politicians

As mentioned in Friday’s feature article about the Feinstein-Lee Amendment by Tenth Amendment Center Legal Analyst Blake Filippi, it did absolutely nothing to rectify the loss of rights Americans faced from the indefinite detention provisions in the 2012 NDAA that we are working to nullify throughout the country. However, Senator Mike Lee disagrees about the effectiveness of the amendment and is using quite a bizarre rationale to defend it.

Lee released a press release on Friday in an attempt to clarify concerns with the Feinstein-Lee Amendment (http://www.lee.senate.gov/public/index.cfm/blog?ID=142f4fe6-3446-4d1a-b82b-df9503db1952). He stated that the 2012 NDAA did not actually authorize indefinite detention of American citizens. If this is the case, then why even pass the amendment in the first place? If the 2012 NDAA was so hunky dory and didn’t authorize indefinite detention of Americans, why propose an amendment to supposedly ensure that Americans wouldn’t be indefinitely detained (which was assumed by everyone to be a response to last year’s Act)?

Lee could not deny that last year’s NDAA would be the ‘Act of Congress’ needed to allow for indefinite detention of Americans. In his press release, he did not quote the provisions of the NDAA which are cause to alarm and we are working to nullify. He omitted this information while assuring us that since a sentence within the Act said that the government would never use the powers that they usurped against citizens that we are supposed to have no fears and feel protected thanks to his work. I’m not buying that the same gang that extra-judicially kills American citizens is going to have restraint in their interpretation of the 2012 NDAA, as Mike Lee apparently does.

Libertarian Republican Congressman Justin Amash agrees with the Tenth Amendment Center interpretation of Lee’s amendment saying, “The Feinstein amendment to the 2013 NDAA does NOT protect you from indefinite detention without charge or trial. In fact, it explicitly permits such detention so long as the detention is approved by an Act of Congress . . . such as the 2012 NDAA.”

This just goes to show you that even people who do a good job of talking the talk might not always walk the walk. Whether he’s simply misguided in an attempt to protect the Constitution for Americans or he’s working to push something he knows will have no effect to quell push-back against federal power grabs, tea party Senator Mike Lee is doing no favors for liberty working with Senator Feinstein and releasing misleading press releases about it. It’s become more obvious than ever that federal bureaucrats aren’t going to protect our liberty, and we’re going to have to work at the state and local level to circumvent the D.C.vers through nullification to protect our sacred rights.

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Texas Moves To Nullify NDAA

By on November 18, 2012 in Big Government, Congress, Constitution, Delegated Powers, Government, Liberty, Military, Nullification

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: Continue Reading →

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Name Calling and “Tenther Nullification Nonsense” in Arizona

By on August 18, 2012 in Big Government

AzBlueMeanie claims in the article Neoconfederate insurrectionists in Arizona Legislature revive discredited ‘nullification’ theory that:

All elected officials in Arizona take the following oath of office:

“I do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of __________ according to the best of my ability, so help me God.”

And yet the Arizona legislature is populated by Neoconfederate insurrectionists who have violated their oath of office and are actively engaged in acts of domestic insurrection against the United States government.

Let’s get this straight now… AzBluemeanie believes that a state elected official who stands up against what he or she perceives to be a clear violation of the U.S. Constitution has “violated their oath of office and are actively engaged in acts of domestic insurrection against the United States government”. That is a pretty bold statement to make with no evidence to back it up. Nice job!

Let us bring some credentials into the discussion. Continue Reading →

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“Constitutional Rights”? Not Really

By on July 25, 2012 in Constitution, Delegated Powers, Federalism, Founding Principles, Law, Liberty, Uncategorized

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! Continue Reading →

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Police State Clashes with Protesters in Chicago

By on May 22, 2012 in Big Brother, Big Government, Constitution, Founding Fathers, Founding Principles, Government, Tenthers

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. Continue Reading →

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Arizona State Sovereignty Amendment Back from the Dead!

By on April 30, 2012 in Sovereignty Movement, State Sovereignty, Tenthers, Uncategorized

UPDATE: The Arizona Senate passed HCR2004 16-14 the second time around 0n April 30.

HCR:2004 unfortunately failed to pass in the Senate on the third reading of April 24, 2012, with a vote of 14 “Ayes”, 14 “Nays”, and two who did not vote (Steve Gallardo and Frank Antenori). Supporters thought the bill was dead.

However, Senator Yarbrough (who voted no) put forth a motion to reconsider, and the motion carried. To view the vote detail, and to see the breakdown of who voted for or against HCR: 2004, please Click Here.

As Joel Poindexter wrote in the previous Tenth Amendment Center story Arizona Moves to Regain Sovereignty, “The proposed amendment, HCR:2004, is intended to reassert Arizona’s sovereignty as a state, and regain control over much of the state’s lands and resources. According to Section C. of the proposal: “The State of Arizona declares its sovereign and exclusive authority and jurisdiction over the air, water, public lands, minerals, wildlife and other natural resources within its boundaries….” The authors made exceptions for existing military posts, Indian reservations, and federal property, pursuant to the US constitution’s Article I, Section 8, Clause 17.” Continue Reading →

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SCOTUS and the EPA vs Private Property

By on April 23, 2012 in Big Government, Law

On March 21, TAC reported that the Supreme Court had ruled in favor of an Idaho couple who had been petitioning the court system to be allowed to make their case concerning EPA administrative heavy handedness. The post, U.S. Supreme Court: Idaho Couple can take EPA to Court, reported that the couple had been directed by the Environmental Protection Agency to restore their newly acquired home construction plot back to its original state or face stiff fines. The EPA would not allow an appeal, or even a hearing.

Article 1 Section 8 of the U.S. Constitution enumerates the main powers delegated to the federal government, specifically those of the Legislative Branch. An original understanding makes it clear that the Constitution does not authorize Congress to form a federal agency which can dictate what people can do with their private property. Just as it has no authority to demand the American people purchase something, Washington D.C. has no power to tell us what to do with personal or real property we own.

Utah, Colorado, Nevada and many other western states are neighbored by separate “federal states” which cannot be utilized for their own taxing purposes or to access the natural resources that reside within them. This is due to the fact that the federal government had either grabbed up the land when the state first entered the union, or had purchased it by some means. Regardless of how it was acquired, the federal land is within the state, and the people of that state cannot utilize it, in most cases.

Federal ownership of the land creates no benefit to the state itself. As U.S. Government Property, it is considered a resource of the U.S. Federal Government. In some instances, such as the Smoky Mountains in North Carolina, the area has been deemed A UNESCO World Heritage Site and is “legally protected pursuant to the Law of War, under the Geneva Convention, its Articles, Protocols and Customs, together with other treaties including the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and international law”. Our Congress had to ratify that UN treaty. ”While each World Heritage Site remains part of the legal territory of the state wherein the site is located, UNESCO considers it in the interest of the international community to preserve each site”.

How is that for giving away Sovereignty? Continue Reading →

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Missouri House Votes to Nullify Obamacare in its Entirety

By on April 19, 2012 in Uncategorized

On April 19, 2012, HB:1534 passed the Missouri House with a vote of 108 to 44! The bill “Declares the federal Patient Protection and Affordable Care Act as unauthorized by the United States Constitution and creates criminal penalties for persons enforcing or attempting to enforce the act”

But the good news doesn’t stop there. Inside reports tell us that when the absent Representatives who have committed to vote “yes” are able to do so, HB1534 should have a veto-proof majority.

This is a major step beyond what a number of states around the country – including Missouri – have been doing previously, rejecting just the mandate portion of the federal act.

(To see how your Missouri Representative voted, please see the following link: Ayes and Noes of 1534. If they voted “No”, you may wish to let them know your concern by sending them a polite message. Use the following link to look up your Missouri Representative.)

Additionally, it’s important to notice that when HB1534 was “perfected” in the Missouri House several days ago (with a vote of 109 to 49) – there weren’t any amendments offered. This also is encouraging, as it means that the preferred language, consisting of a Jeffersonian style nullification of Obamacare (along with the arrest of federal officials who attempt to enforce Obamacare), was retained in the bill. Continue Reading →

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ACTION ALERT: Help Maryland Nullify the TSA

By on April 4, 2012 in Activism

Un-consented contact means a contact that a person does not want, or contact that was informed as wanted to avoid. This is exactly what Maryland’s House Bill 1111 is proposing to make a crime. The legislation could substantially curb the federally mandated Transportation Security Administration’s (TSA) blatant violations of American’s civil rights. We urge you to contact the individual leaders of the House Judiciary Committee and express your support for this bill, and the protection of our Constitutional rights.

The Maryland State Legislature proposes in the bill titled “Public Safety – Restrictions on Searches for Security Purposes – Penalties”, to define illegal detention,  search, and seizure by a public servant as a crime against the victim of the encroachment, and authorizes the State Attorney General to make use of existing laws and the Tenth Amendment as a defense against any federally levied claims against its constitutionality:

Synopsis:

Prohibiting a specified public servant, while acting under color of the public servant’s office or employment, from intentionally subjecting another person to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that the public servant knows is unlawful, intentionally denying or impeding another person in the exercise or enjoyment of a right, privilege, power, or immunity, knowing that the conduct of the public servant is unlawful, or intentionally subjecting another person to sexual harassment; etc.

ACTION ITEMS Continue Reading →

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South Carolina reps see the light on Commerce Clause

By on March 7, 2011 in Big Government, Constitution, Delegated Powers, Federalism, Firearms Freedom Act, Founding Principles, Government, Originalism, Politicians, Sovereignty Movement, State Sovereignty, Tenthers

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 in protecting the rights of South Carolina consumers, who don’t want the federal government telling them which light bulbs they must use,” Bill Wilson the President of Americans for Limited Government said.

“The basic concept of the bill is to allow the citizens of South Carolina to be able to continue to buy incandescent light bulbs,” said State Representative Bill Sandifer, Chairman of the House Labor, Commerce and Industry Committee.

“It is my strong belief that the feds have overstepped the Tenth Amendment, and now are venturing into telling us what kinds of lighting we can have in our homes,” Sandifer added.

Their bill (H. 3735) is essentially a version of the Firearms Freedom Acts and Intrastate Commerce Acts that have been popping up all over the country. Essentially, any light bulb manufactured and sold exclusively in South Carolina would not be subject to federal regulation.

Which is already the case, but it never hurts to repeat the obvious for emphasis when dealing with a government as corrupt and insular as the one in Washington, D.C.

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