Texas Moves To Nullify NDAA

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:

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“Constitutional Rights”? Not Really

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!

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Rand Paul Reads TenthAmendmentCenter.com

Or, at least, we think alike. The junior Senator from Kentucky recently said that to believe in a “right” to health care one must support slavery: I’m a physician. That means you have a right to come to my house and conscript me. It means you believe in slavery. He’s right of course. As I pointed out nearly two…

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How to worship the State on Presidents Day

By Robert Higgs: Great Leader, who art in Washington, Hallowed be thy name. Thy empire come, thy will be done, on earth as it is in the Oval Office. Give us this day our daily dole. And forgive us our late tax filings, as we forgive the IRS for refunding our overpayments without interest. And lead…

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Consistently supporting liberty and the Tenth Amendment

One of the main obstacles to getting the “tenther” movement and the message of freedom to spread is that too many people claim they are for freedom on some issues (guns, taxes), but simultaneously claim to be anti-freedom on others (marijuana, gay-marriage).

Our two-party political system has raised people to believe that based on which party you subscribe to, you are supposed to advocate for either the federal government to get out of the way in regard to things that you like and to get in the way of people doing things that you don’t like. This is the essence of the problem. To truly embrace freedom and the tenth amendment movement, people need to start opposing federal involvement in EVERY area that is not authorized under the Constitution and not only in the activities which they personally disapprove.

For example, I know many republicans who constantly decry government interference in gun ownership and business, but practically BEG for it when it comes to banning gay marriage and drug use. The same goes for the other side; I know many democrats who say that government needs to get out of the way when it comes to marijuana and gays in the military, but they decry any attempt to lift the federal ban on abortion and/or repeal federal gun laws. It just doesn’t make any sense.

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California Ranks Fourth Lowest In Liberty

California: #47 in Freedom Index A study entitled “Freedom in the 50 States: An Index of Personal and Economic Freedom” placed California as one of the least free states in the union with only three states Rhode Island, New Jersey and New York less free.  William P. Ruger and Jason Sorens published the non-partisan study published…

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Laws of Nature and of Nature’s God

Understanding the Constitution part II As a Constitutional reawakening takes place across the nation renewing the debate of it’s meaning and intent, it is important that we try to understand not only the document, but the ideas behind it, so we can make better sense of the arguments on both sides.      Did you know that…

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Compounding Liberty

What is the purpose of a state government? Historically, and even in modern times, countries with states or provinces we’re ruled by a strong central government. Any rules that were passed by the central government applied to each state. So, do we really need states? The Founders intended to make American states completely different than…

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