FRANKFORT, Ky. (Sept. 13, 2016) – During the 2017 session, the Kentucky legislature will consider a resolution declaring state sovereignty over powers not delegated to the federal government and demanding that the federal government cease enforcing mandates beyond its constitutionally delegated powers.Details
At a time when the Republican establishment is doing everything they can to alienate their constituents, and nullification measures are getting introduced around the country, it becomes more important than ever to step up and put our best foot forward when presenting our ideas to citizens desperately looking for a way to fight back against unjust federal power. Luckily, we have a shining example to follow in constitutional attorney KrisAnne Hall who gave an eloquent defense of ObamaCare nullification at the Florida Senate Select Committee on Monday, December 3rd.
“Some claim that [ObamaCare] must be submitted to as law of the land since the Supreme Court made its declaration from on high. This admits that we are not a Republic of sovereign states, but a monarchy. The supremacy clause declares the Constitution to be supreme, not the federal government,” Hall said in her stirring repudiation of the bill.Details
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.”Details
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?Details
“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.”Details
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:Details
Dan Casey of the Roanoke Times recently embarrassed himself with a juvenile, ad hominem attack on the Tenth Amendment movement titled “The Whole Tenth Amendment Business is Dumb and Crazy.”
While it’s unclear whether Casey actually expected his “arguments” to be taken seriously, it is clear that he cannot make his point through the use of logic or fact. Therefore, Casey’s piece is chock full of historical inaccuracies, mis-characterizations and outright falsehoods regarding the original intent and meaning of the Constitution.
So many, actually, that I cannot list them all here. However, I did respond point by point in a piece of my own to be published soon.
Here is a sample:Details
In a move that will hopefully be copied nationwide over the next few years, Montana lawmakers are considering forming and training an armed volunteer force of “home guards” certified by the governor and not subject to federal oversight. These home guards would be under the direct authority of the county sherriffs and the governor during any state emergency.
According to the Billings Gazette:
Supporters said the bill is not about arming citizens but to provide additional emergency services as some other states do.
A number of states have a state defense force like a “home guard” for responding to emergencies but few states have an armed force like the bill proposes.
As you might expect, the idea of a sovereign state organizing its citizens to exercise their Second Amendment rights has met with considerable shock, outrage and hyperbole from the Left.Details
As a supporter of laws like SB1070 and other state and local efforts to curb illegal immigration I am disturbed by the trend that federal courts are now weeding through state laws and deciding if they are constitutional or not. Whether or not you support state efforts to curb illegal immigration you have to agree that the courts have lost all prudence in this matter. They now want to chop through state laws and decide what is permissible for them to have and not have.
Pardon me but don’t the courts only have one function and that is to weigh the facts and punish those who break the law. The way a court system works is that the government brings the accused before it where they weigh the facts presented by the state in order to decide if the accused broke the law. They then meet out punishment based on what the law says.
Notice I said they don’t decide punishment because that has already been decided by the law. In fact, everything the court does is decided by law. The courts have this power because of the constitution and the same constitution gives them the power to judge the law as well as the facts. This is stated in Article III section 2 of the constitution.Details