Posted tagged ‘Constitution’

Nullification: Firearms Freedom Act Introduced in Ohio

October 28, 2009

Nullification: Firearms Freedom Act Introduced in Ohio.

Firearms Freedom Acts have already passed in both Montana and Tennessee, and have been introduced in a number of other states around the country. There’s been no lack of controversy surrounding them, either.

The Tenth Amendment Center recently reported on the ATF’s position that such laws don’t matter:

The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature. ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.

Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government:

“Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.”

“This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn’t suit them.”

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Tennessee Says: They Can’t Push Us Around Forever

October 22, 2009

dont_treadWow – just wow. I will be very curious to see if anything comes of this (here’s hoping)…

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They Can’t Push Us Around Forever
by State Rep. Susan Lynn (TN-57th)

The following is a letter from Tennessee to the other 49 State Legislatures

We send greetings from the Tennessee General Assembly. On June 23, 2009, House Joint Resolution 108, the State Sovereignty Resolution, was signed by Governor Phil Bredesen. The Resolution created a committee which has as its charge to:

  • Communicate the resolution to the legislatures of the several states,
  • Assure them that this State continues in the same esteem of their friendship,
  • Call for a joint working group between the states to enumerate the abuses of authority by the federal government, and
  • Seek repeal of the assumption of powers and the imposed mandates.

It is for those purposes that this letter addresses your honorable body.

In 1776, our founding fathers declared our freedom in the magnificent Declaration of Independence; our guide to governance. They established a nation of free and independent states. Declaring that the purpose of our political system is to secure for its citizens’ their natural rights. The Constitution authorizes the national government to carry out seventeen enumerated powers in Article 1, Section 8 and the powers of several of the ensuing amendments.

At the time of the Constitutional ratification process James Madison drafted the “Virginia Plan” to give Congress general legislative authority and to empower the national judiciary to hear any case that might cause friction among the states, to give the congress a veto over state laws, to empower the national government to use the military against the states, and to eliminate the states’ accustomed role in selecting members of Congress. Each one of these proposals was soundly defeated. In fact, Madison made many more attempts to authorize a national veto over state laws, and these were repeatedly defeated as well.

There are clear limits to the power of the federal government and clear realms of power for the states. However, the simple and clear expression of purpose, to secure our natural rights, has evolved into the modern expectation that the national government has an obligation to ensure our life, to create our liberty, and fund our pursuit of happiness.

The national government has become a complex system of programs whose purposes lie outside of the responsibilities of the enumerated powers and of securing our natural rights; programs that benefit some while others must pay.

Today, the federal government seeks to control the salaries of those employed by private business, to change the provisions of private of contracts, to nationalize banks, insurers and auto manufacturers, and to dictate to every person in the land what his or her medical choices will be.

Forcing property from employers to provide healthcare, legislating what individuals are and are not entitled to, and using the labor of some so that others can receive money that they did not earn goes far beyond securing natural rights, and the enumerated powers in the Constitution.

The role of our American government has been blurred, bent, and breached. The rights endowed to us by our creator must be restored.

To be sure, the People created the federal government to be their agent for certain enumerated purposes only. The Constitutional ratifying structure was created so it would be clear that it was the People, and not the States, that were doing the ratifying.

The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States. The rest is to be handled by the state governments, or locally, by the people themselves.

The Constitution does not include a congressional power to override state laws. It does not give the judicial branch unlimited jurisdiction over all matters. It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.

With this in mind, any federal attempt to legislate beyond the Constitutional limits of Congress’ authority is a usurpation of state sovereignty – and unconstitutional.

Governments and political leaders are best held accountable to the will of the people when government is local. The people of a state know what is best for them; authorities, potentially thousands of miles away, governing their lives is opposed to the very notion of freedom.

We invite your state to join with us to form a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.

(source)

Most “Birthers” and Their Critics Missing the Real Question

August 3, 2009

Bloggers and pundits of every political stripe are calling for Barack Obama to just release the long form birth certificate and end the controversy once and for all.  Among those calling for the document are Carol Swain, Andrew Sullivan and even Chuck Norris. All well and good. Obama certainly should put the conspiracy theories to rest before the issue gets any further out of hand.

But I think there’s a larger question here than just where the president was born. For the sake of argument, if nothing else, let’s just say we accept that he was indeed born in Hawaii and is, in fact, a US citizen by birth. This means we also accept that his father was Kenyan and his mother was a full-fledged American citizen, period. Accepting all of that, does it automatically follow that Barack Jr. is a natural-born citizen? That, I think, is the question that needs to be answered.

HuffPo blogger Chris Kelly posted the following today:

I’m sorry, but I don’t think we can get Obama on the “natural born” part. I don’t know what it means and neither do you, and neither did the Founding Fathers. I think it had something to do with not letting Louis XVI be president or black people vote, but your guess is as good as mine. And guesses don’t count.

Read the rest

And there’s the rub. Natural-born was not defined in the constitution nor has it ever been clarified by constitutional amendment or supreme court decision. It seems to me the supreme court has a duty to hear any case based on this question and provide a ruling. If none of us can definitively say what it means, how can we know when the requirement has not been met?

Obviously it was important enough to the founders to include the phrase “natural-born” as something other than “citizen” alone. If it mattered enough to make it stand out linguistically then, it matters enough to decide what it means to us today when we lack the context of the revolutionary times and any written legal definition.

My humble opinion is that “natural-born” means born of two parents who are themselves both US citizens. Anything else involves multiple citizenship standing of the child and the potential (which was of utmost importance to the founders) of divided loyalties. Anything else does not really make sense.

UPDATE: A clarification – This post isn’t meant to be trying out a different approach to invalidating the 2008 presidential election results. Even if the supreme court or congress decided tomorrow that “natural born” means both parents must also be US citizens, it would only apply from that point onward. Obama couldn’t be held responsible and thrown out of office over an eiligibility requirement that up till now at least has no legal definition.

Is natural born something different than garden variety citizenship?

If we don’t ask and answer the question today we could be asking this question again someday… with a candidate who happens to be the US-born child of illegal immigrants, perhaps.

I think it’s a valid question and we better figure out an answer soon.

Domestic Terrorist? Me?

March 15, 2009

gadsdenIn a story first broken by infowars.com and confirmed by private citizens and local media (KansasCity.com, Columbia Daily Tribune, KMOV, Fox 4 ), the Missouri Information Analysis Center (MIAC) distributed a report entitled “The Modern Militia Movement” to Missouri law enforcement agencies.

The document lists numerous criteria that law enforcement officers should look for in identifying potential domestic terrorists and militia members. Among these criteria are:

Belief that:

Obama may enact firearms confiscation

Obama may not meet constitutional requirements to hold the office of President

The New World Order is a real agenda of certain politicians and other powerful “elites”

FEMA camps may be real

US military forces may be used for firearms confiscation and relocating citizens to FEMA camps in violation of the Posse Comitatus Act

US government may fall due to economic collapse

Possible Contstitutional Convention may alter or remove the 1st and 2nd amendments

NAU is a real agenda of certain politicians and other powerful “elites”

County Sheriff is the highest local authority

Also:

Anger towards the Federal Reserve System and all forms of tax collection

Oppose Ammunition Accountability legislation

Oppose any required Universal Service Program in the US

Oppose RFID tracking of citizens

Ideologies Include:

Christian

White supremacist

Neo-Nazi

skinhead

anti-government

anti-Semitic

anti-immigration

Sovereign Citizen

anti-abortion

tax resistors [sic]

Training Includes:

Military Simulation events – paintball or Airsoft “war games”

Militia and survival training events

Communications – short wave radio, internet forums, Yahoo groups, blogs and social networking sites, online talk shows

Recruitment – gun shows, internet forums, websites, social networking sites, informal social networks

Organization:

  • Public groups – groups that “desire to aid the County Sheriff or Governor in emergencies such as a natural disaster”
  • Committees of Safety – organization “established to lobby government officials and confront corruption”

Common Militia Symbols:
Association with 3rd party political groups. Display of materials from the Constitution Party, Campaign for Liberty or Libertarian Party. “These members are usually supporters of former Presidential candidate: Ron Paul, Chuck Baldwin and Bob Barr”.

Pictures, cartoons, bumper stickers that contain anti-government rhetoric. Also the Gadsden (“Don’t Tread On Me”) Flag, Sovereign Citizen flags, upside down US flag, First Navy Jack. Other literature and media include Zeitgeist the Movie (anti Federal Reserve System) and America: Freedom to Fascism (anti income tax documentary).

One local Freedom Movement group, The Liberty Restoration Project, is asking for “a retraction of this document, and a public apology made, and if this is not met, the LRP has promised heavy activism against their Division and will pursue further actions to correct what they feel is a devastating misrepresentation of what the “Freedom Movement” is about.”

In addition to the above press release, the first step of the Liberty Restoration Project’s plan of action will be to deliver letters (with video cameras) requesting information from FEMA, Dept of Public Safety, Govenor Nixon, and MO Highway Patrol in accordance with Missouri’s Freedom of Information Act / Sunshine Law. They plan to deliver these letters on Monday, March 16, 2009.

I do not belong to any militia group and I am most certainly not a racist or neo-nazi but I do hold a number of the beliefs and display some of the “symbols” referenced in this document. I have been a follower of the Zero Agression Principle all my life, even before I learned it had a name. I have met many others in the Freedom Movement who could say the same. I also happen to live in Missouri, not far from one of the alleged FEMA camps.

Missouri law enforcement officers take note – I am not your enemy, nor are the many others like me. If a day ever comes when you are ordered to target and/or detain your fellow citizens based on profile elements from the MIAC document I hope you will remember this and remember to what and to whom you swore an oath.

For those of you who live in states other than Missouri, do you know what your state’s “Fusion Center” is doing? Be aware – these Fusion Centers are a national network.

Does having political opinions that differ from those of the current powers-that-be make me a potential terrorist? Have we really arrived at the point where even peaceful dissent makes one an enemy of the state?

I sincerely hope not.

Watch this blog for updates.

The Police State Advances

January 7, 2009

Earlier this week, Dr. Henry Kissinger spoke of the opportunity presented by the global financial “crisis”  for a “New World Order” to take control. It’s in this CNBC video.

If that does not chill your soul, this will. A San Diego man was recently stopped and searched by Border Patrol agents well inside the US. Apparently, it is now legal for the government to detain and search citizens up to 100 miles from the border. Almost two thirds of all Americans live and travel within 100 miles of the border.

 

This is why America’s founders wrote the 2nd Amendment to the Constitution. It’s not about hunting. It’s not about target shooting competition. It’s not really even about individual self-defense (not entirely anyway). The 2nd amendment to the US Constitution is about preventing tyranny.

A recent editorial by Michael Gaddy discusses this and more…

Buy, Buy, Buy
by Michael Gaddy

While we stumble along economically with bailouts, buyouts, and poor sales in almost all sectors, two products in America are seeing dramatic increases in sales: guns and ammo. People who never owned a gun before are buying; people are buying multiples of military style weapons and ammo is being bought by the case instead of by the box.

Many explain this away as folks simply worried that Obama will move to ban certain firearms, especially those referred to by the ignorant as “assault weapons,” I believe the motivation to buy firearms and ammunition goes much deeper.

More and more Americans are becoming increasingly aware of the storm that is brewing on the horizon, a storm driven by the possibility of a complete economic collapse.

The more astute are reading the handwriting on the wall: military combat units being assigned for stateside duty to quell domestic disturbances, a militarization of law enforcement, and the fear of what will happen when the state is no longer able to provide monthly checks to the millions currently living on government handouts labeled as “entitlements.”

A strong possibility exists, when the checks stop, those who no longer have will seek to forcibly take from those who do. The scenes from New Orleans after Katrina have not disappeared from the public memory.

Regardless, legislation has been pre-planned and is now in place to be implemented just as soon as we have another tragedy involving a criminal idiot with guns.

Continue reading…

Anybody been to a gun show lately? My husband went to one the weekend after Christmas. It was in a location that has hosted many previous gun shows he attended in recent years. He had never seen it so crowded as it was that weekend after Christmas – it was so shocking, he even called home to tell me about it.

If you have a similar story, please comment and share it.

Citizen Obama?

December 5, 2008

Tomorrow, the U.S. Supreme Court will meet to consider whether to hear one of the many lawsuits challenging Barack Obama’s status as a natural born citizen of the United States.  The case to be considered asserts that because Mr. Obama Sr. was not an American citizen, his son would have had dual citizenship at birth (American from his mother and British from his father because Kenya was under British rule at the time).

Whether Barack Obama was born in Hawaii or Kenya or anywhere else is beside the point. Any person having dual citizenship at birth is not a natural born citizen, according to this suit.

It’s actually a very interesting Constitutional question. Does “natural born” mean born of parents who are both American citizens? Considering that the Constitution included this requirement for serving as President, it is also a rather important question. The founders made that rule to prevent a person who might have divided loyalties from ever becoming President. Unfortunately, they did not give us a clear definition of what they meant by “natural born”.

Keep your eyes open for news tomorrow. The question itself won’t be answered tomorrow, but we will find out if the Supreme Court decides it’s an important enough question for them to hear the case.