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Apparent Tug-of-War in Topeka over State Sovereignty

By on April 2, 2010 in Sovereignty Movement, State Sovereignty 2

After over a year and two legislative sessions the Kansas Tenth Amendment Resolution (KTAR), SCR1615, was finally passed on March 29th. Some declared “victory” as the resolution was packaged and sent off to Washington D.C.

Senator Mary Pilcher-Cook, the resolution’s number one sponsor and champion, said, “SCR1615 was the first step in claiming state sovereignty and it sent a strong message that the federal government needs to recognize the limited nature of its power…”

There is a divide among some of the groups including the grass roots coalition, Coalition of Citizen Advocacy Groups – Supporting State Sovereignty (CCAG-SSS (“KEGS”))*, as to the implications of the passage of KTAR with language which only address future violations of the state’s soveirgnty and not those already on the books.

There is no difference of opinion that there has been a fury of citizen promoted and supported legislation asserting state sovereignty this session and more may be on deck for next session. Senator Pilcher-Cook observed “Now, to protect the liberty of Kansas citizens, the Kansas Legislature must begin the application. There are many areas and subjects where this could be done…”

The Kansas legislature has no fewer than three new state soveirgnty related resolutions and bills which were introduce this session and are working their way through the legislature. Most observers agree it is unlikely that any of the currently pending state sovereignty friendly legislation will actually make it out of the Kansas legislature this session. However, hope springs eternal and citizen enthusiasm flourishes.

The bogged down bills are the Health Care Freedom Amendment (HCFA) (a resolution to amend the state’s constitutional ) which was introduced by Sen. Pilcher-Cook, the Freedom Firearms Act (H.B.2650) (FFA) (introduce by Representative Ray Merrick et.al.) , and an Anti-Real ID bill (ARI) introduced by Representative Krieger. All of these were citizen promoted initiatives introduced by citizen friendly and Constitutional supportive legislators.

The Kansas Legislature’s regular session ended on March 31st, its veto session will start up on April 28th. Senator Pilcher-Cook is trying to rally the grass roots legions to give another final push during the veto session to get the HCFA pushed through.

Last year the grass roots group Wichita -South Central Kansas 9-12 Group, lead by Larry Halloran, organized a final and unsuccessful push during the veto session to get the KTAR through. Sen. Pilcher- Cook is certainly encouraging such a last minute action regarding HCFA to which the grass roots will no doubt respond.

According to Mr. Halloran “The Wichita 9-12 has already implemented actions in conjunction with other CCAG-SSS members to get the health care act through the legislature and to deal with problem legislators that were identified this session. Santa’s not the only one making a list this year.”

Stay tuned, be active.

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Protecting Rights: D.C. is the Worst Choice for the Job

By on February 17, 2010 in Constitution, Federalism, Liberty 6

freedomYesterday, in response to the Kansas Senate passing SCR1615 (Sovereignty Resolution) a Kansas reporter asked me the following question:

the kansas senate has adopted a resolution affirming the state’s 10th amendment rights. the amendment supports the repeal of all federal laws that compel the state to do something. some legislators here say that means the proposal supports the repeal of voting rights and civil rights laws. is this the intent of these kinds of resolutions that the states have been considering? do you support the repeal of federal laws, including the voting and civil rights acts?? thank you.

Here’s my response:

As numerous articles and publications on the Tenth Amendment Center website make clear, following the Constitution and the Bill of Rights is the best way to advance the cause of liberty. It’s the best way to protect minority interests. It’s the best way to build a society that lives in peace. Following the Constitution is, sadly, far from what the U.S. Federal Government has done for a long, long time.

With one-size-fits-all solutions forcing everyone in the country into the same lifestyle, economic choices, health care decisions, education systems, and the like, we only guarantee that the country will be divided into competing factions whose sole interest is to take over the entire federal apparatus. This is the opposite of what the founders and ratifiers gave us – a system where the most difficult and the most divisive issues would be kept close to home. That is a system unique in history – where widely differing political, economic and religious viewpoints can live in peace.

For decades and decades “We the People” have allowed the federal government to bend the rules of the Constitution – or violate them – with almost complete impunity. The result of allowing federal politicians this kind of power? Sooner or later you’ll end up with politicians who feel that the rules – the Constitution – don’t apply at all. After a couple decades of Bush-Clinton-Bush-Obama rule, I’d hope this would ring true to most Americans.

Those vehemently opposed to the strict limits that the Constitution places on the federal government (while Bush was in office, it was primarily R’s, and now with Obama in office, it’s primarily D’s), often resort to scare tactics as a way to deflect from these truths.

In fact, relying on a federal government whose unconstitutional expansion of the interstate commerce clause (Article I, Section 8 of the Constitution) has resulted in the arrest of hundreds of thousands of people each year – disproportionately minorities – for owning a plant – might be the worst organization in America to protect the Constitution and the natural rights of the People. HB2610, currently in Health and Human Services Committee in the Kansas House, is one attempt to right these wrongs on a state level.

The Kansas constitution has been amended many times, including an amendment in 1912 affirming the right to universal suffrage. The Bill of Rights to the Kansas Constitution is also quite explicit – “All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.” Thus, it’s my opinion that such concerned talk about the Civil Rights Act of 1964 is little more than hyperbole and rhetoric intentionally designed to change the debate from the fact that we live in a nation where the constitution is rarely followed.

I recommend that those in the Kansas Senate concerned about the rights of their constituents introduce and work to pass strict state legislation or state constitutional amendments protecting those rights if they feel the State Constitution is not sufficient to protect those rights.

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Kansas Senate Affirms Sovereignty Under the 10th Amendment

By on February 12, 2010 in Sovereignty Movement, State Sovereignty 5

kansas-welcomeThe Kansas Senate passed a state sovereignty resolution Thursday that affirms the principles of enumerated powers and the 10th Amendment:

“the State of Kansas hereby claims sovereignty 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”

Senate Concurrent Resolution 1615 (SCR1615) was authored by Senator Mary Pilcher-Cook, and was originally introduced in May, 2009. It passed by a vote of 33-7 and will be transmitted to the House.

SCR1615 is a non-binding resolution, and does not carry the force of law. Its intention is to act as a statement of the legislature of the state.

They play an important role, however.

For example, if you owned an apartment building and had a tenant not paying rent, you wouldn’t show up with an empty truck to kick them out without first serving notice. That’s how many view these Resolutions – as serving “notice and demand” to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.” Follow-up, of course, is a must.

As of this writing, 18 states have seen similar resolutions introduced in 2010. Alabama’s was recently passed and signed by Governor Riley. And, in South Carolina, the House and Senate passed S424, which awaits reconciliation in the Senate.

Click here to view the Tenth Amendment Center’s 10th Amendment resolutions tracking page.

Click here to view the Tenth Amendment Center’s model 10th Amendment resolution

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Kansas State Sovereignty: Senate Judiciary Hearing Success!

By on January 18, 2010 in Sovereignty Movement, State Sovereignty 2

kansas-welcomeThere were well over 200 people who attended the Senate Judiciary Committee hearing to support state sovereignty last week.

What a wonderful endorsement of our Tenth Amendment and what an exciting day!

All of the proponents offered outstanding testimony, and they were a great source of pride and encouragement to everyone attending.

There were 16 proponents, one neutral and one opponent who testified. Chairman Owens decided to give the proponent conferees two minutes each, while giving the neutral and opponent conferees ten minutes each. The Chairman expressed he wanted to give more time to those with different views because there were so few of them.

Even during the opposition’s testimony, everyone maintained a professional attitude (until the very end), and I am greatly appreciative of the civility and respect given to others. That can be very difficult when the principles we hold so precious are disparaged.

Later, I didn’t get to one of the events, but the rally at the Dillon House was very moving and inspirational with some terrific speeches by some very impressive speakers, including Congressman Todd Tiahrt. I was honored to be with such a group.

This is reason to take courage! We are making a difference.

The next step — the resolution will be “worked” in committee.

Chairman Owens may or may not announce the date when this will occur. When the bill is “worked,” the committee members debate the resolution, and they could add amendments or make other modifications to the language. At the end of debate, members usually vote for or against the measure. If it receives a majority vote, it advances to General Orders. Then Majority Leader Derek Schmidt, at his discretion, schedules it for Senate floor debate.

Thank you to everyone who came to show their support, and thank you also to those who couldn’t come and prayed for us.

God bless you and God bless Kansas!

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