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Wyoming lawmakers propose bill to nullify new federal gun laws January 10, 2013 | 11:03 am 202Comments Charlie Spiering Commentary Staff Writer The Washington Examiner Wyoming lawmakers have proposed a new bill that, if passed, would nullify any federal restrictions on guns, threatening to jail federal agents attempting to confiscate guns, ammunition magazines or ammunition. The bill – HB0104 – states that “any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in Wyoming.” The bill is sponsored...

I met Senate President Don Gaetz after speaking to the Senate Committee on Healthcare Exchanges. I explained to him that I wanted to teach on nullification and why the Healthcare Act is unconstitutional. He mocked the Founders of the this nation to my face, implying they are irrelevant to the interpretation of the Constituion. He laughed at my support of Constitutional principles. He then shouted out to me as he left the room that he wouldn’t read anything that I sent him. This morning I sent him an email explaining the Founders’ position on State Sovereignty and nullificaion. After sending...

A top UN official called on the Obama administration to quash recent marijuana legalizations in Washington State and Colorado. UN Demands Obama Smash State Marijuana Legalization The New American 21 November 2012 In a move likely to further alienate the already unpopular United Nations from the American people, a top official with the global body put his ignorance about the U.S. constitutional system on full display by calling on the Obama administration to lawlessly quash recent marijuana legalization initiatives in Washington State and Colorado. Voters in both states approved the decriminalization of the controversial plant on November 6, nullifying...

At the close of 2011, Barack Obama signed the National Defense Authorization Act for the year 2012. In it are what some constitutional experts consider to be some of the greatest constitutional violations in American history. At issue are sections 1021 and 1022 which, in essence, create a new power for the federal government to “indefinitely detain” – without due process – any person. Indefinitely. That’s little different than kidnapping. In response, there’s been a bit of a firestorm from people across the political spectrum. Local communities in Colorado sent out the first warning shots, passing resolutions and ordinances rejecting...

   This summer the Supreme Court ruled that the Obama Administration’s health care mandates to be constitutional as a tax. Today, the people of the state of Alabama told the Supreme Court to shove it!    In a Majority vote of 56%-44% (with 46% reported), the People of Alabama passed Amendment 6, which reads:    An amendment to the Constitution of Alabama of 1901, to prohibit any person, employer, or health care provider from being compelled to participate in any health care system.    In the weeks leading up to the vote, there were overwhelming attempts by the media and...

MADISON — President Barack Obama and the Democratic Party may have built the Patient Protection and Affordable Care Act. The U.S. Supreme Court may have upheld it. But U.S. Sen. Ron Johnson, R-Wisconsin, aims to push back what he sees as an Internal Revenue Service power grab and knock a huge hole into the implementation of the federal health-care law.Johnson’s Senate Joint Resolution 48, which he introduced in late July, about a month after the U.S. Supreme Court’s decision, goes after an IRS rule on “premium assistance credits,” which subsidize health-insurance premiums in health-care exchanges. U.S. Sen. Ron Johnson The...

William Lynch never disputed that he had punched a retired Catholic priest in an old folks home in Los Gatos. He said the cleric raped him nearly four decades ago, that he had simply snapped when he demanded an admission of guilt. He didn't expect a jury to overlook the letter of the law and let him go. But Thursday, in a verdict that drew gasps of astonishment in a San Jose courtroom, the jury said the 44-year-old Lynch was not guilty of felony assault and elder abuse in the 2010 attack on Jerold Lindner, 67. The panel considered a...

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New Hampshire Governor John Lynch signed HB 146 on June 18, 2012 - which reads: "...a Right of Accused. In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy. Short, simple and to the point. Nullification advocate Tim Lynch of the Cato Institute thinks it may not be a game changer, but it's a step in the right direction

In 1832, the threat of nullification by States that opposed tariffs on imported goods came close to bringing about a civil war. Thirty years later as cries for the abolition of slavery reached a fever pitch the War Between the States would begin. Today, in the wake of the Supreme Court decision that found that the Affordable Health Care Act—Obamacare— is constitutional and thereby the law of the land. Republican Governors are lining up to say they will not obey it. Not only has President Obama and the Democrat Party imposed an enormously unpopular law on the nation, they have...

With all the buzz and anticipation surrounding the final rulings by the U.S. Supreme Court the past week, there has been little attention to an interesting legal development in New Hampshire: On June 18, Governor John Lynch (no relation) signed HB 146 into law and it becomes effective on January 1, 2013. HB 146 concerns “the right of a jury to judge the application of the law in relationship to the facts in controversy.” It’s popularly known as “the jury nullification bill.” In this post, I will try to explain what impact this new law may have in the New...

A few weeks ago, we had a lengthy conversation in Show-Me Daily’s comments about whether it would be constitutional for Missouri to nullify the Affordable Care Act (ObamaCare). Then last week, the Heartlander published a story on the “nullification” issue wherein I was quoted reiterating my concerns with such proposals. (For context, my Heartlander remarks were drawn from an interview I gave the publication in early May, before Missouri’s legislative session ended.) Generally, I would let my prior remarks speak for themselves, but given the continuing interest in the topic, I think it is worthwhile to revisit the issue at...

On April 19, 2012 New York federal Judge Kimba Wood dismissed an indictment against 80-year old Julian P. Heicklen for alleged jury tampering in the case against him for handing out materials to members of the public regarding the right of jurors to apply the historic doctrine of jury nullification. Nullification is the right of jurors to come back with a verdict of not-guilty even if the jurors believe that the defendant in fact technically violated the law, but the jurors conclude that the law in question is an immoral or bad law or a reasonable law applied in a...

We are told that it is up to the Supreme Court to determine what laws are constitutional, but that is hardly in line with the limiting principles offered by the U.S. Constitution. That power the courts claim to have is called Judicial Review, and it is addressed nowhere in the Constitution. In fact, the federal courts seized that power for themselves through an opinion written by Justice John Marshall in the Marbury v. Madison case of 1803. Yes, that’s right, the courts gave that power to themselves. By deciding if laws are constitutional, and since the Supreme Court is a...

The measure has the backing of the Senate's top two leaders -- President Pro Tem Tommie Williams, R-Lyons, and Senate Majority Leader Chip Rogers, R-Woodstock -- who have signed on as co-sponsors. "The federal government has excessively abused the authority of state and local governments for some time," Albers said, explaining why he sponsored the proposal. SR 889 has been assigned to the Senate Judiciary Committee.

The Obama administration on Monday rejected two states’ requests for waivers from the healthcare reform law. The decision could rekindle the controversy over the waiver process, as the two states that were turned down, Indiana and Louisiana, have Republican governors. GOP leaders at the state level have been extremely critical of the healthcare law and the requirements that it imposes on states. The Department of Health and Human Services said Indiana and Louisiana do not need an adjustment from the health law's medical loss ratio. That provision requires insurers to spend at least 80 percent of premiums on medical care...

Retired chemistry professor Julian Heicklen is facing imprisonment for advocating jury nullification to passersby, following an indictment by federal prosecutors last year, according to the New York Times. He stood on a plaza outside the United States Courthouse in Manhattan and handed out brochures on the subject. According to prosecutors, Heicklen’s “advocacy of jury nullification, directed as it is to jurors, would be both criminal and without Constitutional protections no matter where it occurred…. His speech is not protected by the First Amendment…. No legal system could long survive if it gave every individual the option of disregarding with impunity...

The near-showdown in Texas did not break any new ground in the nullification debate. The Texas House of Representatives passed a law that made the touching of genitals or breasts by TSA personnel illegal and punishable by fines and imprisonment. The federal government responded by citing the Supremacy Clause of the U.S. Constitution, together with a threat to cancel all air travel to and from Texas if the law were passed by the Senate and signed by the governor. The Texas Senate backed down. The crisis was averted – for the moment. For most, attention was probably focused on the...

...Perennial presidential candidate, Ron Paul is the standard bearer of the Libertarian movement in this country and a Conservative Republican Congressman from Texas. His first official run for President occurred in 1988 on the Libertarian ticket. Since then, he ran again in 2008 as a Republican and is now officially seeking the Republican nomination in 2012. Even with this assumed notoriety, at this point, Paul is still not that well known (although that may be changing) and as such, is considered a ‘dark horse’ candidate. And, this is why I ask: Who is Ron Paul and really, what does he...

C.L. “Butch” Otter GOVERNOR NEWS RELEASE FOR IMMEDIATE RELEASE: CONTACT: Jon Hanian April 20, 2011 (208) 334-2100 11:028 GOVERNOR’S EXECUTIVE ORDER PROHIBITS STATE AGENCIES FROM IMPLEMENTING OBAMACARE (BOISE) – Governor C.L. “Butch” Otter issued an executive order today imposing a State prohibition on receiving federal funding for or otherwise implementing the federal Patient Protection and Affordable Care Act – often called “Obamacare.” Executive Order 2011-03 uses portions of House Bill 298, a so-called “nullification bill” that was approved by the Legislature this year. The executive order directs State agencies not to establish new programs, promulgate rules or accept federal funding...