Free Republic

A state-level bureaucrat is standing up to the the central government planners is a most unusual way. Arizona’s superintendent of public instruction, Diane Douglas, has informed all school districts in the Grand Canyon State that they have blanket authority to ignore all federal nutrition mandates regulating school fundraisers. "Forcing parents and other supporters of schools to only offer federally approved food and snacks at fundraisers is a perfect example of the overreach of government and intrusion into local control," Douglas said in a statement. "I have ordered effective immediately, that the ADE Health and Nutrition Services division grant exemptions for...

State legislators around the country have introduced more than 200 bills aiming to nullify regulations and laws coming out of Washington, D.C., as they look to rein in the federal government. The legislative onslaught, which includes bills targeting federal restrictions on firearms, experimental treatments and hemp, reflects growing discord between the states and Washington, state officials say. “You have a choice,” said Kentucky state Rep. Diane St. Onge (R). “To sit back and not do anything or say anything and let overregulation continue — or you have the alternative choice to speak up about it and say, ‘We know what...

When the Tea Party wave arrived in 2010, it swept away much of the Republican Party's existing structure, and instituted a more populist approach. But as waves tend to do, it left some even older debris in its wake. "Nullification," the theory that states can invalidate federal laws that they deem unconstitutional, had its heyday in the slavery debate that preceded the Civil War, but it has found new currency since 2010. The theory has never been validated by a federal court, yet some Republican officeholders have suggested states can nullify laws, including Senator Joni Ernst, who gave the GOP...

This week, Tennessee became the 25th state to join a lawsuit against the president’s executive amnesty order. The lawsuit may work, but there’s another, more direct, and considerably more interesting redress against executive overreach. Proposed in 1798 by Thomas Jefferson and James Madison. In 1798, Congress passed the Alien and Sedition Acts, which were signed into law by President John Adams. The A&S Acts comprised four bills that increased the federal government’s power to shut up dissenters; most noxious was a provision that permitted the prosecution of anyone who said anything about the government that the government considered “seditious.” Fourteen...

House Republicans will have their largest majority since the 1930s next year, but that doesn't mean Speaker John Boehner's (R-Ohio) job will be easy.The House GOP leadership's struggles in keeping members in line over the past four years have been well documented. Some of the incoming freshmen will likely join the ranks of conservatives who frequently oppose leadership initiatives.Among the new freshmen, for instance, is one congressman-elect who has called Hillary Clinton the "anti-Christ," another who has suggested Muslims don't deserve First Amendment rights, and yet another who has declared himself open to the idea of the United States invading...

t’s a movement that’s been building in recent years: efforts by states to reclaim their constitutional authority by declaring Washington’s health care laws, gun control or other restrictions simply don’t apply within their boundaries. After all, the Constitution stipulates that, except for a couple of dozen specific issues such as national defense, the powers in the U.S. rest with the states. Now a new lawsuit contends states can regain their authority by returning to the practice of having state legislatures elect U.S. senators, as the Constitution originally required. The case is being brought by author, columnist, commentator and activist Devvy...

<p>WASHINGTON—Senate Democrats' effort to push back against the Supreme Court's Hobby Lobby decision stalled Wednesday when their bill to restore employers' responsibility to provide contraception coverage under the health law was defeated on a procedural vote.</p> <p>In a 56-43 vote, which was largely along party lines, Democrats came up short of the 60 votes needed to advance their legislation. It sought to prevent companies from relying on a religious-freedom law to avoid complying with the Affordable Care Act's requirement to cover all forms of contraception approved by the government without charging workers a copayment.</p>

Madison: "Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in...

Advocates of jury nullification did their best to improve a bill expanding a jury’s ability to nullify laws, but the bill won’t be making it to a vote this session. House Bill 316, a bill by North Pole Republican Rep. Tammie Wilson, would expand and protect a jury’s right to judge the merits of a law, not just the facts before them, in a criminal case. The bill would allow defendants to argue their case based merits of the law, encouraging jurors to find them not guilty even in cases where evidence shows otherwise. It also would bar judges from...

Tuesday, 25 March 2014 16:35 Declaring an Emergency, Idaho Governor Signs Gun Grab Nullification Written by Joe Wolverton, II, J.D. On Wednesday, March 19, Idaho Governor Butch Otter signed a powerful protection against the federal gun grab into law in the Gem State.The bill, SB 1332, came to Otter’s desk after being passed unanimously (with three abstentions) by the state House and Senate.The published purpose of SB 1332, the Idaho Federal Firearm, Magazine and Register Ban Enforcement Act, makes clear the intent of state lawmakers:This legislation is to protect Idaho law enforcement officers from being directed, through federal orders, laws,...

Surprise! The individual mandate has been watered down by the White House to the point that it barely exists at all. That's the conclusion of a piece at Politico which confirms what many conservatives were saying about the mandate two weeks ago. Titled "Honey, I shrunk the mandate," the piece highlights exemption 14, which was added to the list of possible hardship exemptions in December. It notes that under exemption 14 practically anyone can claim a hardship exemption and documentation is requested "if possible." In other words, documentation is optional. While the Politico piece accurately frames these exemptions to the...

With the campus carry bill that Governor Otter just signed into law taking up all the oxygen in Idaho, few were paying attention to the effective nullification bill that is now going to the Governor's desk. SB1332  is effective nullification of federal gun confiscation.  It unanimously passed the senate and the house!  The bill is likely to be signed by Governor Otter.  It effects legislation, executive orders, or other federal actions that take place after it goes into effect, and unlike other attempts at nullification law, it does not prescribe penalties for federal officers, only for state and local...

GIVE STATES VETO OVER ABUSIVE FEDERAL POWERS PETITION CONGRESS TO PROPOSE THIS AMENDMENT TO THE U.S. CONSTITUTION. IT WILL GIVE THE STATES A VETO ON OVERREACHING FEDERAL POWERS. http://tinyurl.com/VetoTheFed

by Gina Cassini | Top Right News Today, an Arizona state senate committee approved a bill that would virtually nullify all federal gun acts, laws, orders, rules or regulations. The vote was 6-3.Along with twelve sponsors and co-sponsors, Arizona State Sen. Kelli Ward introduced the Second Amendment Preservation Act in the Grand Canyon State. SB1294 prohibits the state from enforcing “any federal act, law, order, rule or regulation that relates to a personal firearm, firearm accessory or ammunition within the limits of this state.” “We’ve sat back and allowed the federal government to trample the Constitution long enough,” Ward said. “We’re going...

Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you define “nullification.” It also depends on what you mean by “right” and what kind of document you understand the Constitution to be. IOW, it depends on your premises. Unfortunately, people often discuss/debate, and attack each other over—the merits or demerits of nullification without making their premises clear. The result is quarreling among people who are fundamentally on the same side. The Constitution has been characterized as: * A compact (i.e., contract) to which only the states are parties, by which...

Last week on his call-in radio program, conservative commentator Mark Levin disparaged the spreading push by states’ rights activists like The Imaginative Conservative’s friend Kevin R.C. Gutzman for “nullification” by state legislatures of overreaching federal legislation. Sadly, Levin chose to slur the notion as a fundamentally “neo-Confederate” desideratum, one he views as, among other dreadful things, “nullifying” his recent push for a convention of the states. Now, that’s not nice—or true—at all. Some sharp observers have taken notice of Levin’s unkind—and untrue—accusations, but they’ve missed some of the acute angles. Everyone seems to agree that a nullification-supporter de facto sets...

If enough states act, we are on the way to a constitutional showdown over Obamacare. The Washington Times reports Missouri bill would gut Obamacare Next month, the Missouri Senate will consider a bill which would effectively cripple the implementation of the Affordable Care Act within the state. Following the lead of South Carolina, where lawmakers are fast-tracking House Bill 3101 in 2014, and Georgia, where HB707 was recently introduced by Rep. Jason Spencer, Missouri State Senator John T. Lamping (R-24) pre-filed Senate Bill 546 (SB546) to update the Health Care Freedom Act passed by Missouri voters in 2010. It passed...

(Yoo-hoo, Rick Perry...) As desperation mounts at the White House, Dear Leader -although he hasn't killed his uncle yet- is sinking to new depths of lawlessness in flailing attempts to salvage his 'signature' piece of legislation, the misnomer Affordable Care Act (and the entire Obama legacy).  The latest stunt involves all but forcing insurers to cover (cheaply or free, and at a financial loss) those without HC coverage who haven't been able to get anything out of 'state exchanges' due to the ongoing healthcare.gov debacle. But it seems South Carolinians have decided they've had their fill: If the ACA nullification bill -which has...

Four state representatives announced today that they are introducing legislation to block Obamacare in Georgia. State representative Jason Spencer (R-Woodbine), with three other representatives, will hold a press conference on Monday, Dec. 16 to discuss the proposal. In a press release, Rep. Spencer explained the bill’s goal: The bill’s main thrust is to prohibit state agencies, officers and employees of the state from implementing any provisions of the Affordable Care Act, leaving implementation entirely in the hands of the federal government, which lacks the resources or personnel to carry out the programs it mandates. Michael Boldin of the Tenth Amendment...

What Mark Levin says in “The Liberty Amendments” in support of an Article V convention is not true.1 On one side of this controversy are those who want to restore our Constitution by requiring federal and State officials to obey the Constitution we have; or by electing ones who will. We show that the Oath of Office at Art. VI, last clause, requires federal 2 and state officials to support the Constitution. This requires them to refuse to submit to – to nullify – acts of the federal government which violate the Constitution. This is how they “support” the Constitution!...