Tag Archives | Pennsylvania Sovereignty

Pennsylvania Town Makes First Move To Preserve The Second Amendment

Local resistance to unconstitutional violations of the Second Amendment continues to grow with the Mt. Holly Springs, Pa. council passing a resolution declaring that its citizens have the right to own firearms “free of unreasonable restraint and regulation.”

Council members voted unanimously May 14 to pass a resolution affirming the rights of its citizens to keep and bear arms.

The Second Amendment Preservation Resolution was based upon the Tenth Amendment Center’s model legislation and was proposed by resident Chris Rietmann. As reported in an article the Cumberland Sentinel, Reitmann explained why he proposed the bill saying, “I believe that the Framers of the Constitution chose their words carefully and, for the most part, it has worked very well for us for the last 200-plus years. I don’t believe you can legislate natural rights.”

The resolution is non-binding, and the city council chose to set aside a proposed Second Amendment Preservation Ordinance that would have nullified any federal gun control laws within city limits. The council sent the ordinance its legislative council for review.

Rietmann said the goal of the ordinance was to forbid borough officials, including the police, from assisting the federal government in carrying out what he called “acts that deny local residents their Second Amendment rights.”

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Susquehanna County Resists Federal Gun Grab

Susquehanna County, Pennsylvania is the latest local community to take a stand against the Police State. They recently passed a 2nd Amendment Preservation Resolution that stands against the Feds trampling upon the Constitution in their neck of the woods.

The resolution affirms the natural rights of people saying that “any federal act, bill, law, rule or executive order that in any way infringes on our Second Amendment rights by attempting to reduce the private ownership of any firearm, magazine or ammunition shall be unenforceable in Susquehanna County.”

As Judge Andrew Napolitano has said recently, widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)

The passing of this resolution also marks a rare instance where bipartisanship within government works to the benefit of the American people. The resolution was introduced by Republican Commissioner Michael Giangrieco and supported by Democratic Commissioner MaryAnn Warren, as well as the whole committee. It was passed unanimously. Continue Reading →

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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. Continue Reading →

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1811: Resolutions of Pennsylvania Against the Bank

On page 73 of Nullification, Thomas E. Woods, Jr., provides an 1811 quote from the Pennsylvania legislature.  The quote comes from State Documents on Federal Relations, edited by Herman V. Ames.  That, in turn, contains the 1811 Pennsylvania Resolutions Against the Bank.  In the preamble to those resolutions, our legislature wrote,

The people of the United States by the adoption of the federal constitution established a general government for special purposes, reserving to themselves respectively, the rights and authorities not delegated in that instrument.  To the compact thereby created, each state acceded in its character as a state, and is a party.  The act of union thus entered into being to all intents and purposes a treaty between sovereign states, the general government by this treaty was not constituted the exclusive or final judge of the powers it was to exercise, for if it were so to judge then its judgement and not the constitution would be the measure of its authority.

Should the general government in any of its departments violate the provisions of the constitution, it rests with the states, and with the people, to apply suitable remedies. (emphasis added)

Ames also notes,

As first passed by the House the language of the Preamble was even stronger, and closely followed the text of the first resolve of the Kentucky Resolutions of 1798, but it was amended by the Senate by a vote of 20 to 8 and agreed to by the House in the form given below.

I have to admit that I’m curious why Dr. Woods quoted the first paragraph but omitted the sentence in bold.  Maybe I’ll find out when I get further into the book.

cross-posted from the Pennsylvania Tenth Amendment Center

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PA Senate Unanimously Votes to Nullify Real ID

Real IDIntroduced in the Pennsylvania Senate last year, Senate Bill 621 (SB621) was finally brought to a floor vote this week, and passed unanimously, 50-0.

The bill would make law that “Neither the Governor nor the Department of Transportation or any other Commonwealth agency shall participate in the compliance of any provision of the REAL ID Act of 2005 OR REGULATIONS PROMULGATED THEREUNDER.”

The 2005 Real ID Act created national standards for driver’s license and identification cards and opponents have been resisting it for various reasons – it’s a privacy risk, forces states to bear the financial burden, and is not authorized by the constitution.

“REAL ID was implemented by the federal government as a way to protect Americans from terrorists, but I believe it will redefine privacy as we know it and create a mountain of new bureaucracy and increase fees and taxes — without making us any safer,” said Sen Mike Folmer, the bill’s primary sponsor, in a news release.

States were originally given until May 2008 to comply with the law, but widespread state-level resistance resulted in the Federal Government changing that deadline not once, not twice, but three times.

When more than two dozen states refuse to comply with yet another unfunded mandate from D.C. – that mandate may sit on the books, but it’s as good as repealed, even without going to the federal courts to oppose it.

And, while the centralizers would certainly like to see their plans revived – either in Real ID itself, or in its latest incarnation, TWIC – the bottom line remains the same…nullification works.

CLICK HERE – to view all current Real ID nullification legislation

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Pennsylvania HB2053 – Freedom of Choice in Health Care Act

Here’s a message I sent to my elected state officials via congress.org.

February 28, 2010

Dear Sirs,

Based on recent news reports, it seems that the federal government is once again ramping up its efforts to take over health care systems across this nation. As I’m sure you’re aware, health care is not one of the enumerated powers which the states delegated to the federal government in the Constitution.

As your constituent, and as the Pennsylvania State Chapter Coordinator for the Tenth Amendment Center (www.tenthamendmentcenter.com), I once again ask you to take action to preempt this federal power grab.

As you can see here – http://pennsylvania.tenthamendmentcenter.com/2010/02/early-pennsylvania-nullifying-the-way-to-freedom/, Pennsylvania has a long tradition of protecting Liberty by resisting unjust and unconstitutional laws.

Because this coming federal grab of the states’ health care systems is an unconstitutional assault on Pennsylvanians’ Liberty. I ask you to please continue this tradition and protect our Liberty today by supporting Pennsylvania’s Freedom of Choice in Health Care Act (HB 2053).

This bill contains provisions to
1.) Protect Pennsylvanians from being compelled to purchase health insurance.

2.) Protect the right of Pennsylvanians to individually purchase health care -AND-

3.) Protect the right of Pennsylvanians to purchase a private health insurance plan of our own choosing.

This out of control federal government must be reminded of the Constitutional limits on its power. Please support HB 2053 as one reminder.

FYI, the text of HB2053 can be found here – http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&BN=2053

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Pennsylvania Health Care Freedom

Last week, a rally was held at the Pennsylvania State House in support of HB2053, the Health Care Freedom Act, introduced by State Rep Matt Baker.

“My legislation will protect our right to pay directly for medical service and prohibit any individual from being penalized for not purchasing federally sanctioned health insurance,” said Baker, Republican chairman of the House Health and Human Service Committee. “A government requirement to purchase health insurance is ineffective, costly and arguably an unconstitutional infringement upon states’ rights.”

The bill is currently in the House Insurance Committee. Nearly 20 other states are also considering similar legislation.

CLICK HERE to see the Tenth Amendment Center’s Health Care Nullification Tracking Page

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