This episode is made possible in part by the new Nullification Movie. Now available for pre-order at



Last week, Michigan joined the swelling ranks of states considering legislation that would effectively block any state cooperation with federal officials seeking to detain Americans under provisions in sections 1021 and 1022 of the National Defense Authorization Act.

State Rep. Tom McMillin introduced HB5768. The legislation would prohibit any state agent, state employee or member of the Michigan National Guard from assisting “an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to 50 USC 1541, as provided by the federal national defense authorization act for fiscal year 2012, Public Law 112-81, if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state.”

Five cosponsors signed on to the bill, including two Democrats and a 10-year Air Force veteran.

If you live in Michigan, you are urged to contact your state representatives – especially members of the Government Operations Committee and strongly encourage them to pass HB5768 out of committee.


From a report by TAC communications director Mike Maharrey, we learn that New Hampshire took a small stand against implementation of the Patient Protection and Affordable Care Act last week.

Gov. John Lynch signed legislation into law that blocks the creation of a state run insurance exchange in New Hampshire. The exchanges serve as a foundational mechanism in the infrastructure of ObamaCare.

HB1297 declares, “No New Hampshire state agency, department, or political subdivision shall plan, create, participate in or enable a state-based exchange for health insurance under the Act, or contract with any private entity to do so.”

According to Maharrey, “You can’t exactly put this in the same category as the last stand of the 300 Spartans, but it does represent a small step in the right direction. More states refusing to cooperate with implementation of the PPACA means more frustrations for the federal bureaucracies trying to put the plan into place. As we’ve seen with the Real ID Act, state non-cooperation can effectively nullify a federal act if enough states refuse to comply.”

The fact that Lynch is a Democrat makes the move that much more interesting. The New Hampshire governor expressed support for the exchanges in the past, but it seems fiscal realities tempered his enthusiasm. Lynch actually inked his name on the bill instead of simply letting it become law without his signature, indicating he hopes to take some credit for a move many pundits think will prove politically popular.


From Joel Poindexter, Tenther news in California.  The federal government currently preempts the states regarding the issue of sports gambling, allowing only four states to sanction the activity. This however may change soon, as legislators in California are considering a bill to decriminalize sports gambling in the state.

Under the proposed Senate Bill 1390, which was recently approved overwhelmingly by the senate, sports betting would be allowed at licensed gambling establishments, including casinos and horse-racing tracks.

While legislators there aren’t using the word nullify – the language of the bill itself leaves little wiggle room, and doesn’t ask for federal permission, even though bill sponsor, Senator Roderick Wright, says he hopes the federal government will someday permit California to take this action.

But, according to Poindexter, states can take action without federal approval.  That’s what the government in New Jersey is doing. Governor Chris Christie recently reversed his less-than-friendly position on gambling and said, “If someone wants to stop us, let them try to stop us.” This was on the heels of New Jersey voters approving to 2-to-1 a non-binding measure to open sports gambling in the state.


Bob Livingston, head of the popular online newsletter, the Personal Liberty Digest, recently took to the defense of the Tenth Amendment Center in a featured op-ed.  In it, he rebuked attacks on the TAC, and yours truly, from the Southern Poverty Law Center.

Livingston writes –  “Boldin and the Tenth Amendment Center are doing good work in exposing the unConstitutional laws being pushed upon us by government and educating Americans about the Constitution and legitimate — according to the likes of James Madison and Thomas Jefferson — ways of resisting and rejecting government overreach.”

Find the entire rebuttal online at


Harold Pease reports that LOST, the Law of the Sea Treaty, is once again before the Senate Foreign Relations Committee.

The treaty evolved out of a series of United Nations Conventions on the Law of the Sea between 1973 and 1982, with the third such convention, known as UNCLOS III, being the most important. It is designed to create government rules regarding every aspect of the world’s oceans. What began as an effort “to codify certain navigational rights had … morphed into a ‘constitution for the oceans.’ ”

According to an analysis by Pease, the treaty would do the following – “All ocean bordering nations would be allowed a total jurisdiction outreach of 12 nautical miles from their shoreline, called Territorial Waters, plus another 200 nautical mile Exclusive Economic Zone with sole exploitation rights over all natural resources. All ocean water thereafter would be International Water, controlled and managed by organizations created by the treaty but under the oversight of the United Nations. Under this new treaty the United Nations would own and control 70% of the earth’s surface.

Additional hearings are scheduled this month with a favorable vote scheduled, supporters hope, before July. President Barack Obama is reported to want a full Senate vote before November to avoid the ratification becoming an election issue but is willing to wait, if need be, until December. Then, while his party hopefully retains control of the Senate, they can quietly force it through before January.


In closing, a reminder that today, June 25, 2012 – is the six year anniversary of the Tenth Amendment Center.  Founded with a goal of advancing your liberty – I’d like to thank you – personally, and on behalf of everyone here at the TAC, for supporting our work.

We’ll be back next week – streaming live at 10:10AM Pacific time at

View archived episodes at

Tenther News

The 10th Amendment

“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.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.