Time to Take Down TSA – For Real

“Time to Take Down TSA” was the Heritage Foundation’s headline. The author, James Carafano, was commenting on a recent study he coauthored for the D.C.-based think-tank. But in typical establishment, inside-the-beltway fashion, his prescription for the Transportation Security Administration would take down nothing. Nor would it restore to the states a constitutional level of federal aviation oversight – which is zero.

Just like politicians who throw buzzwords like “reform” around to pander to constituents, these groups who advocate “rethinking” the TSA have nothing profound to contribute to the discourse. Under such a plan, which involved “redefining” the TSA’s role, no fundamental change would take place in transportation security.

What Carafano and the Heritage Foundation call for is changing the role of the TSA from providing “security” directly, to “making aviation security policy and regulations.” He goes on to suggest that: “Screening responsibility would devolve to the airports, whose security operations would be supervised by a federal security director.”

This is really no different than the various federal agencies charged with waging the war on drugs shifting their focus from direct action to merely writing policy and regulations. In the same way that airports would be responsible to implement the government’s central plan, drug enforcement would be turned over to semi-private agencies which, under the direct supervision of the feds, would continue the very same assault on our civil liberties. At least the current system allows the tyranny and incompetence to be directly associated with government, whereas a more “privatized” system would tend to shift the blame away from the feds and onto others.

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Religious Nullification – Part I – HHS Mandate

For the better part of a year, I have personally wanted to start a series on the religious history of Nullification, both in America and worldwide, even before the beginning of America and in some cases before the existence of Christianity. The recent showdown over the US Bishops and the Obama administration over the HHS mandate regarding abortion and contraceptive funding in health insurance plans has opened up that door with a modern day example.

While the Catholic Church has been the most visible player on this issue, Orthodox Christian, Protestant and Jewish leaders have voiced their solidarity with the Catholic Bishops in their opposition to the HHS mandate.  There were also examples in my research of Muslim leaders joining in interfaith protests against the mandate, and brief mentions in the media of Muslim organizations joining in, but I personally found little on Muslims generally supporting or opposing the mandate.

While perhaps not every Tenther is opposed to abortion and contraception, to force religious employers, or even non-religious employers whose personal convictions forbid one from paying for things that conflict with their conscience, is a clear violation of the First Amendment, and unjust in general.

One’s religion is much more than what one does for an hour or two on Sunday, Saturday or any other day of the week. Most religions have rules governing not just how their adherents worship, but also how they carry themselves in day to day life. And in some cases, the violation of some of those rules results in de facto and/or public excommunication from that religion.

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Missouri House Votes to Nullify Obamacare in its Entirety

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.

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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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missouri-welcome

Missouri House Committee Votes to Nullify Obamacare

Missouri’s HB:1534, also known as the Federal Health Care Reform Law, declares the federal Patient Protection and Affordable Care Act as unauthorized by the United States Constitution. Furthermore, language utilized in the bill creates criminal penalties for persons enforcing or attempting to enforce the act…

According to Article 1 of the Missouri Constitution, the purpose of the government is to protect the rights and property of the people, and that neither other states nor the general government has the right to regulate their internal affairs. So it seems pretty clear that Missouri Government isn’t supposed to allow tyranny to proceed unchecked, but should be working to protect its citizens from the abuses of Big Government. Because of this, passionate supporters of HB:1534 spoke at a recent hearing not only about the unconstitutionality of the Federal Health Care Reform Law, but that Missouri citizens shouldn’t be required to accept health care that includes provisions that they are morally or religiously opposed to. Additionally, there was the thought that people should be free to opt out of certain services and providers. Testifying for the bill were Representative Bahr; James Coyne, Mid-Missouri Patriots; Ron Calzone, Missouri First; and Missouri Right to Life.

However, those who opposed HB:1534 noted that access to affordable health care is vital to people living with certain diseases, such as AIDS and HIV. And rather than encourage individual responsibility, such opposition believed that robust Governmental measures are necessary in order to protect life and prevent the further transmission of dangerous diseases. Testifying against the bill was Gretchen Waddell of the Missouri AIDS Task Force.

Meanwhile, others like Dave Roland of the Freedom Center of Missouri, noted that when the United States Constitution was ratified, several states demanded that certain rights be protected, such as a state’s ability to reject certain federal actions.

As a result, the Committee on General Laws voted “do pass” by a vote of 5 to 4 on March 29, 2012.

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Pennsylvania Legislature Overwhelmingly Passes Real ID Nullification. Governor’s Signature Next?

Last October, the Pennsylvania Senate voted unanimously to refuse to comply with the Bush era Federal Real ID law by passing SB354. Today, the House concurred, passing it by a vote of 189-5. Senator Mike Folmer (R, district 48) announced passage on his Facebook page,

“I am especially pleased my Senate Bill 354 to exempt Pennsylvania from the mandates of the federal REAL ID law was passed by the full House 189 – 5. If signed by the Governor, Pennsylvania would be the largest state to opt out.”

This legislation states,

Neither the Governor nor the Department of Transportation or any other Commonwealth agency shall participate in the REAL ID Act of 2005 or regulations promulgated thereunder.

and if Governor Corbett signs it, it will take affect in 60 days.

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ACTION ALERT: Health Care Nullification Bill in New Jersey!

New Jersey A861 would render the federal “Patient Protection and Affordable Care Act”  null and void in the state.  Sponsored by Assemblywoman Alison L. McHose, this bill not only voids the insurance mandate,  it declares the entire act null and void within the state.

“This bill renders the federal “Patient Protection and Affordable Care Act,” Pub.L.111-148, as amended by the federal “Health Care and Education Reconciliation Act of 2010,” Pub.L.111-152, and any federal rules and regulations adopted pursuant thereto, null and void and of no force and effect in the State of New Jersey.”

A861 currently sits in the Assembly Health and Senior Services Committee. Your help is needed to get it moving towards a floor vote (action steps below)

BASIS FOR THE BILL

The bill itself provides the rational for nullification, based on the Tenth Amendment:

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To Some, the Tenth and Nullification is Taboo

With a quip typical of a main stream media talking head, Scott Keyes traversed some well worn turf in the article entitled “Strict Constitutionalist’ Ron Paul Endorses Nullification As A ‘Very Good’ Idea”. In the post, Keyes attempts to justify federal legislative oversteps by referring to any act of congress as “the supreme law of the land” and thus, are good to go.  He makes no distinction in this assertion for the sovereigns of the state, or the individual.

It’s sad really…

As the Constitution lays out the framework for our great republic, the first ten amendments guarantee that the government cannot encroach on, or take away our freedom and liberty.

Our natural rights.

You might recall those. We have been losing a lot of them lately.

He comes to this conclusion by referring to the test of the Constitution which “states clearly that acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding”

Keyes interpretation of the constitutional passage show no regard for the Ninth or Tenth Amendments.

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New England Nullification Movement Grows

Back in March, the town of Sedgwick, Maine courageously voted to nullify certain unconstituional federal regulations dealing with local food production. The ordinance was passed in response to S.510, the odious Food Safety and Modernization Act, written by agricorps like Monsanto to put their smaller competitors out of business, and passed by Congress under the cover…

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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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