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Tenther News 05-27-13: Local and State Nullification Efforts Advance

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

This weekend, Sheriffs and peace officers from across the country will be meeting with likeminded supporters for a national convention focused on one goal: restoring constitutional rule in the United State. From May 31-June 1, the Constitutional Sheriffs and Peace Officers Association, or CSPOA, will be meeting in St. Charles, Mo., for its Heartland of America Conference.

The purpose of the conference is to equip sheriffs, peace officers and public officials with information and public support to carry out their oaths of office – specifically, to uphold the U.S. Constitution – recognizing that in the case of federal overreach, the county sheriff may be the last line of defense in protecting Americans’ constitutional rights.

CSPOA Founder and Executive Director Sheriff Richard Mack said, “We are going to train and vette them all, state by state, to understand and enforce the constitutionally protected rights of the people they serve, with an emphasis on state sovereignty and local autonomy, then these local governments will issue our new Declaration to the Federal Government regarding the abuses that we will no longer tolerate or accept.”  For details and tickets, visit cspoa.org

In New Hampshire last week the state legislature moved a step closer to legalizing marijuana for medical use, joining the swelling ranks of states nullifying the unconstitutional federal ban on weed.

Congress and the president claim the constitutional authority to ban marijuana. The Supreme Court concurs. But the opinions of black-robed judicial oracles don’t magically transform the meaning of the Constitution. It delegates no power to regulate plants grown and used within the borders of a state. And the so-called war on drugs rests on the same legal authority as all of the other modern-day undeclared wars: None.

Doubt this? Then ask yourself why it took a constitutional amendment to legalize federal alcohol prohibition.

Nevertheless, 19 states have already put the well-being of their citizens above faux federal supremacy, nullified the unconstitutional prohibition and  legalized medical marijuana anyway.  And Illinois and New Hampshire may well become states number 20 and 21. The Illinois legislature sent its medical marijuana bill to the governor for his signature last week. Continue Reading →

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Tenther News 05-12-13: Two More Nullification Bills Awaiting Signature

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

In Colorado, the State Senate last week voted to concur with the House on SB13-241, the Hemp Freedom Act.  If the bill becomes law, Colorado will nullify unconstitutional federal laws and regulations which ban farmers from growing hemp. Currently, the United States is the world’s largest importer of Hemp (with China and Canada the top two exporters in the world), and the Colorado legislature wants their citizens to be allowed to participate and profit in this market.

The federal government has no constitutional authority to ban the production of this industrial plant, but has persisted in preventing its domestic production.  The result?  Products with hemp that are readily available at your local grocery store must be imported from another country – resulting in higher costs for you and fewer farming jobs in America.

The United States is the only developed nation that fails to cultivate industrial hemp as an economic crop, according to the Congressional Resource Service.  Recent congressional research indicates that the hemp market consists of over 25,000 various products. The same research found that America imports over $400 million worth of hemp from other countries.  At this time of economic difficulty, 13-241 would not only expand freedom and support the Constitution, it would also be a great jobs bill.  It now goes to the Governor’s desk for a signature

Get model legislation, the Hemp Freedom Act, for introduction in your area at tracking.tenthamendmentcenter.com/hemp

In Missouri, the State House voted to send Governor Jay Nixon what could arguably be the strongest defense against federal gun control measures in American history.  The vote was 116-38.  HB436, introduced by Representative Doug Funderburk in February, was initially passed by the House in April by a vote of 115-42.  The State Senate approved the bill with an amendment which did not change any of its nullification aspects. The vote there was 26-6.  The bill then needed one final vote in the house which happened late last week.

The votes in both the House and Senate are by a strong veto-proof majority. Governor Jay Nixon can sign the bill into law, let it become law without signing or have his veto overridden by the legislature.  In all three situations, the bill would become law by July 1st, 2013.

As law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future.   It reads, in part: Continue Reading →

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Tenther News 04-29-13: States Move to Nullify Drones, Obamacare, and Gun Control

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

In South Carolina, the State house gave preliminary approval to H3101, the so-called Obamacare nullification bill.  If passed into law, the bill would authorize the state to interpose in protection of the people of the state.  It reads, in part:

“The General Assembly of South Carolina has the absolute and sovereign authority to interpose and refuse to enforce the provisions of the Patient Protection and Affordable Care Act of 2010 that exceed the authority of the Congress.”

H3101 also takes direct aim at the Supreme Court, affirming the view that the several states have not only an interest, but a role in determining the constitutionality of acts of the federal government, including those of the courts.  The bill continues:

“the judicial decision of the United States Supreme Court upholding the constitutionality of the “Patient Protection and Affordable Care Act” directly contravenes Article I, Section 1 of the United States Constitution because, in upholding the law by re-characterizing the Act as a tax even though Congress specifically refused to identify it as a tax, the United States Supreme Court legislated new law in violation of Article I, Section 1 of the United States Constitution”

The vote in the South Carolina House was 65-34.  It will now be scheduled for a 3rd and final reading and vote in the coming days, which is more of a formality than anything.  The bill will then move to the state senate for concurrence.  South Carolina residents are encouraged to contact their state senator today to urge them to co-sponsor H3101.

While South Carolina is making moves to nullify Obamacare head on, other states are grappling with decisions that could pull the rug out from under the unconstitutional federal act – most notably, whether or not to expand medicaid.  Rob Natelson is urging states to reject the expansion as “an important step toward more fiscal sanity and physical health.”  And CATO Institute’s Michael Cannon has an op-ed column in the Indianapolis Star taking apart each of the arguments in favor of expansion.   He concludes by writing, “The expansion would only worsen Medicaid’s pre-existing conditions, which include fraud, abuse, poor access to care, crowded emergency rooms, inefficient care, high taxes, deficit spending and dependence on government. No wonder supporters want to distract voters from how much the expansion would cost and how little it would help.” Continue Reading →

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Tenther News 04-22-13: Nullification Bills Move Forward in Alaska, Florida, Missouri and Illinois.

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

In Alaska, a bill to nullify the Real ID act of 2005 is sitting on Governor Parnell’s desk.  HB69 expands on legislation passed in 2008 to ensure that “A state or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of” the Real ID Act.  In other words, since the unconstitutional federal law requires the states to carry it out, it won’t be happening in Alaska.

In Florida, a rare victory for supporters of liberty.  Senate bill 92 has passed both the state house and senate unanimously and is being sent to Governor Rick Scott for a signature.  If signed into law, SB92 would prohibit any law enforcement agency from using unmanned drones to gather evidence or other information without a warrant. The bill opens the door for any person whose privacy is violated by a drone to take civil action and would also make any evidence gathered in violation of the act inadmissible in court.  Read more about this legislation, and the arguments both in favor and against it, at tenthamendmentcenter.com/floridaSB92

The Illinois state house passed a similar bill to nullify warrantless drone spying by a vote of 52-1 last Thursday.  Sponsoring Sen. Daniel Biss told colleagues the “people of Illinois have a reasonable expectation for privacy.”  He continued, “The technology available to law enforcement agencies is evolving rapidly.  I want Illinois to take a pro-active approach – recognizing that drones can make police work more efficient and keep officers out of harm’s way, but also acknowledging the potential threat they pose to individual liberties.”

The day prior, the Illinois house also voted to nullify unconstitutional federal laws on marijuana.  In a highly-partisan, divided vote, House Bill 1 was passed and sent along to the State Senate for concurrence.  The final tally was 61-57.

In Missouri, the State House passed HB436 by a strong veto-proof majority.  By a vote of 115-42, they approved legislation which would nullify virtually every federal gun control measure. Continue Reading →

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Tenther News 04-15-13: Governors in 3 States Have Nullification Bills on Their Desks

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

Governors in three states have nullification bills sitting on their desks.  First, in Alaska, Governor Parnell has a 2nd Amendment Preservation Act awaiting his signature.  HB69 was passed by a 34-5 vote in the House, and by 17-3 in the Senate.  If Parnell signs it into law, the entire state would be required to stand down on enforcement of federal acts in violation of the 2nd amendment.  It reads, in part:

“A state or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of (1) an order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to (A) infringe on a person’s right, under the Second Amendment to the Constitution of the United States, to keep and bear arms”

This is a VERY effective method to stop the federal government from infringing the right to keep and bear arms within Alaska. It’s a known fact that a vast majority of federal enforcement actions rely on state and local assets in order to have the manpower and resources to carry them out.  As Judge Andrew Napolitano has said recently, such widespread noncompliance would make federal gun laws “nearly impossible to enforce”

In Maryland, Governor O’Malley is sitting on HB1101, a bill that would legalize medical marijuana, effectively nullifying unconstitutional federal laws banning the same.  The bill passed the house by a vote of 108-28, and the Senate passed it by a vote of 42-4.  O’Malley has pledged to sign the bill, which would authorize a very limited program in defiance of the feds.  Maryland would become the 19th state to do so.

Montana Governor Steve Bullock, who already vetoed a 2nd amendment Preservation Act, now has an NDAA nullification bill sitting on his desk.  House Bill 522 passed by a strong veto-proof majority.  The House voted 98-0 and the Senate voted 43-7.

If Bullock signs it into law, or the legislature overrides his veto, HB522 would ban compliance with any assistance for NDAA “indefinite detention”.   It reads: Continue Reading →

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Tenther News 04-07-13: Nullification Bills Pass in Kansas, Arizona, Missouri. More states voting soon.

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

Late into the night last Friday, the Kansas State Legislature was debating its final bills before the close of the 2013 legislative session.   The final vote of the year was on Senate Bill 102, formerly House Bill 2199.  Both the house and senate gave final approval to the 2nd Amendment Protection Act, and the bill will now go to Governor Brownback’s desk for a signature.

The House passed the bill by a vote of 96-24, and the Senate voted 35-4.  During the Senate vote, one Senator exclaimed, “Passage of SB102 means that 2nd and 10th Amendment are alive and well in Kansas.”

If signed into law, SB102 would nullify a wide range of federal attacks on the right to keep and bear arms in the State of Kansas.  It read, in part:  “Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas”

Brownback will have ten days to sign or veto the bill after transmittal, which is expected to happen as early as Monday.  With a veto-proof majority and strong grassroots support, the Governor will be in a difficult position on this bill, as major national forces are expected to pressure him to oppose it.

For more details on this nullification bill passing, visit tenthamendmentcenter.com/kansas102

In Arizona, the state house passed HB2573 last Thursday.  By a tally of 34-24, they voted to nullify NDAA indefinite detention and Agenda 21 in the same bill.  HB2573 forbids any state or local cooperation with NDAA indefinite detention.  As Judge Andrew Napolitano has said recently, widespread noncompliance like this by state can make a federal law “nearly impossible to enforce” Continue Reading →

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Tenther News 04-01-13: Local Nullification Movement Keeps Growing

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

Recognizing that all political efforts need support from the ground up, a number of Local communities are beginning to take the lead in the nullification movement.    In League City, Texas, City Council member Heidi Thiess is taking her oath to the constitution seriously.  In February, the council passed a 2nd Amendment Preservation Resolution by a vote of 7-1.  And last week, she presented a Liberty Preservation Resolution – in response to NDAA kidnapping powers – to the council as well.  It also passed by a vote of 7-1.

The resolution reads, in part: “[We] instruct all our public agencies to decline requests by federal agencies acting under detention powers granted by the NDAA that could infringe upon residents’ freedom of speech, religion, assembly, privacy, or rights to counsel”

As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce.

Theiss isn’t working to pass such resolutions as some kind of political theater – she’s recognizing the need to build support for such efforts locally, which will increase the chances of doing the same at the state level.  In fact, the very next day, she went to Austin to testify in support of Texas House Bill 149, a bill introduced by State Representative Lyle Larsen to nullify NDAA indefinite detention throughout the state.

Other local communities are taking similar steps.  Resolutions in support of the 2nd Amendment and the right to keep and bear arms have passed in Lee County, FL, Susquehanna County, PA, East Coventry Township, PA and Carter County, TN.  In the latter, we heard from a resident there the power of individuals to make a difference. Continue Reading →

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Tenther News 03-17-13: The Nullification Movement Goes Local

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

Last week in Southwest Utah, the Iron County Board of Commissioners voted unanimously in passing an Iron County 2nd Amendment Protection Resolution.  This is the second Resolution passed in the county, the first being the Cedar City 2nd Amendment Resolution passed by the City Council in February.

The Resolution makes it clear that the county does not recognize any federal acts, laws, orders, rules, executive orders, or regulations that violate the 2nd Amendment of the US Constitution.  It also requires the sheriff to take a stand to protect the right to keep and bear arms.  It reads, in part:

“it shall be the duty of the Sheriff of Iron County to take all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.”

Iron County Sheriff Mark Gower is fully on board with the resolution.  He said, “I will not allow anyone to come into this county and violate the Constitutions of the United States or Utah.  If I have to stand in the street and stop that from happening I would do it.”  He further said, “I have refused to sign any agreements or contracts with Homeland Security or any other federal department and no one can come in and preempt the local control of our law enforcement. The US Constitution will not be violated on my watch.”

In Maine, the town of Millinocket also passed a 2nd Amendment resolution last week.  Town Councilors Jimmy Busque and Michelle Anderson both explained the importance of this Resolution to those present. Busque explained the importance of the resolution and why its passage was required, followed by Anderson discussing the history of nullification.   The resolution passed by a vote of 5-2.

A similar resolution is being considered on Monday night in Upper Pottsgrove, Pennsylvania.  It would 1) Condemn federal overreach and infringement upon the Right of the Individual to Keep and Bear Arms; 2) Express support for, and urge immediate passage of PA House Bill 357 and 3) Reserve the right of the Township to take measures necessary to prevent enforcement of federal acts regarding the Right of the Individual to Keep and Bear Arms.

Also in Maine, the town of Brooksville held a public referendum in support of a Food Freedom Ordinance, which nullifies unconstitutional overreach from the FDA.  The ordinance exempts “producers and processors” of local foods in town from state and federal licensure and inspection, so long as they leave the middleman out and sell their produce, baked goods, dairy and meat directly to customers.  It passed by a vote of 112-64.

Activists point out that quite a bit can be done by just a single person.  The efforts in both Cedar City and Iron County, Utah were spearheaded by one man, Sylvan Malis.  He said, “This is only the beginning.  There are still many issues that need addressing and many resolutions that need passing.  After the resolutions come laws.  If we value our country like we say we do then get up and call or talk to your neighbor, family member, workmate and then call your city council person, your county commissioner or county supervisor, and get them working on passing the resolutions, ordinances, and laws.  If I did it, you can too; anyone can do it!  It’s easy!”

For model legislation that you can introduce in your area, visit http://tenthamendmentcenter.com/local

On the state level, there are a number of important hearings and potential votes on nullification bills this week. Continue Reading →

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Tenther News 03-10-13: States take Big Steps to Nullify Gun Control and Drone Spying

This week’s episode is made possible in part by the Tenth Amendment Center membership program.  Proudly wear the Tenther label with pride and become a card-carrying member of the Tenth Amendment Center.  Your membership support helps us continue the pressure, cover our base expenses, and reach new people through advertising and direct outreach. Get all the details and join us at http://members.tenthamendmentcenter.com

In Utah last week, State Representative Brian Greene’s 2nd Amendment Preservation Act passed the state house by a wide margin, 49-17.  HB114 states, in part: “An officer or employee of the federal government may not enforce or attempt to enforce any federal statute, order, rule, or regulation relating to the intrastate ownership, possession, sale, or transfer of a personal firearm, a firearm accessory, ammunition, or ammunition component.”

In other words, this bill is a big first step towards nullifying ALL federal gun laws, rules, regulations and orders on firearms owned within the state of Utah.  But there’s just days left in the state legislative session, and inside sources tell us that State Republican leadership is working behind the scenes to kill the bill.  HB114 is being held up and leadership is not wanting to allow it to come to a vote. Residents of Utah can turn this around with a phone call to their state Senator right now.  For more details, visit http://tenthamendmentcenter.com/supportHB114

In Arizona, two republican state senators are siding with the Obama administration by blocking passage of SB1112.  This legislation is similar to Utah’s HB114 in that it bans enforcement of federal gun laws, orders, rules and regulations on firearms within the state.  It also provides for felony charges for federal agents attempting to enforce them within Arizona.

Arizona state senators Adam Driggs and John McComish are siding with the Obama administration by blocking this bill.  They’re saying that stopping the federal government from violating the 2nd Amendment is somehow unconstitutional.  And they’re preventing SB1112 from going to the full Arizona Senate for a vote.   Arizona residents only should call these state senators and demand that they allow SB1112 to get an up or down vote in the State Senate. Continue Reading →

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