Free Republic

An unexpected feature of this year's gubernatorial race is the revival of certain political notions identified with early American history. Republican candidate Debra Medina in particular has made nullification a major aspect of her campaign, both in her two debates with U.S. Sen. Kay Bailey Hutchison and Gov. Rick Perry and on her Web site, which includes, under the label "Restore Sovereignty," the message that the U.S. Constitution "divides power between the federal and state governments and ultimately reserves final authority for the people themselves. Texas must stop the over reaching federal government and nullify federal mandates in agriculture, energy,...

Today, Feb. 8th, 2010 Missouri Capital Report shifts our focus to the Missouri Senate. This reporter sat in on the Senate afternoon session. First order of business was the recognition of, and a Senate Resolution acknowledging the 100th Anniversary of the Boy Scouts. The Pledge of Allegiance was led by a Scout. Several Scouts served as Senate Pages during the introduction of Bills portion. First Bill to be taken up for vote was Senate Resolution SCR37 which Directs Atty General Chris Koster to investigate the constitutionality of the Nebraska Compromise to the Federal Health Care Legislation by Senator Ben Nelson....

The battle over constitutional amendments across dozens of states that could sink the abortion industry by establishing constitutional rights for the unborn is heating up months in advance of the November elections with a detour into a Mississippi courtroom WND has reported how the move is exploding among pro-life activists and that as many as 32 states are expected to address some sort of "personhood" vote this year – whether through a constitutional amendment or law. Now a lawsuit has been filed in Mississippi over regulations limiting the amount of time that petition signature collectors have to gather names. The...

Health care legislation in Washington may be stalled, but that has not stopped legislatures in more than two-thirds of the states from objecting to one of its central planks: a requirement that everyone buy health insurance. The objections, many of them driven by the Tea Party movement, may turn out to be largely symbolic. But they nonetheless serve notice to President Obama and the Democrats of real anger over their health care plans and signal the potential for political upheaval down the road. These measures, which are in various stages of ripening in about 36 states, could also pave the...

Fueled by a deep mistrust of the federal government and Tea Party fervor, a House committee approved a bill Tuesday aimed at enabling Utah to opt out of national health-reform efforts. .... Mike Lee, a Republican candidate for the U.S. Senate, said the legislation empowers the states to decide who should enact health reform, rather than letting the federal government "commandeer" the Legislature's authority. "The state is a sovereign. It's not the lapdog of the federal government," Lee said, an attorney, who said he believes such a law would withstand legal challenge.

COLUMBIA, S.C. (WIS) — South Carolina legislators have passed a measure lambasting Congress as overstepping its constitutional bounds.

Jefferson City, Mo. (AP) - Although President Barack Obama's push for a health care overhaul has stalled, conservative lawmakers in more than two-thirds of the states are forging ahead with constitutional amendments to ban government health insurance mandates. The proposals would assert a state-based right for people to pay medical bills from their own pocketbooks and prohibit penalties against those who refuse to carry health insurance. In many states, the proposals began as a backlash to Democratic health care plans pending in Congress. But instead of backing away after a Massachusetts election gave Senate Republicans the filibuster power to halt...

The President on Wednesday may have reassured Americans that the state of the Union is "strong," but, just the week before, a group of Vermont secessionists declared their intention to seek political power in a quest to get their state to quit the Union altogether. On Jan. 15, in the state capital of Montpelier, nine candidates for statewide office gathered in a tiny room at the Capitol Plaza Hotel, to announce they wanted a divorce from the United States of America. "For the first time in over 150 years, secession and political independence from the U.S. will be front and...

RICHMOND, Va. Five Democrats broke with their party Monday to endorse measures that would ban government health care mandates like the one being debated in Congress. Three identical bills to prohibit Virginians from being required to purchase health care were approved on 23-17 votes in the Virginia Senate, where Democrats have a 22-18 majority. If approved by the GOP-controlled House, Virginia would be the second state behind Arizona to pass measures in defiance of the proposed federal legislation. Arizona last year approved a similar constitutional amendment, which will be on the ballot in November.

SCR34 January 31, 2010 This Tuesday, Senator Jim Lembke and Rep. Brian Nieves will be in their respective hearings for the State Sovereignty Resolution. We were able to submit HUNDREDS of Witness Forms for the Health Care Freedom Act hearings last week. We'd appreciate even more forms Tuesday, and the help from just a few friends/family can multiply the effort greatly! LET YOUR VOICE BE HEARD by delivering these forms in person on Tuesday, or by FAXing the attached form to Sen. Lembke's office as soon as possible at 573-526-1735. Click HERE to see the submission at the Senate site....

Although President Barack Obama's push for a health care overhaul has stalled, conservative lawmakers in about half the states are forging ahead with constitutional amendments to ban government health insurance mandates. The proposals would assert a state-based right for people to pay medical bills from their own pocketbooks and prohibit penalties against those who refuse to carry health insurance. In many states, the proposals began as a backlash to Democratic health care plans pending in Congress. But instead of backing away after a Massachusetts election gave Senate Republicans the filibuster power to halt the health care legislation, many state lawmakers...

State legislators in 35 states have made health care freedom a key issue in recent months, making it a hot campaign issue as 2010 elections near.

The federal government is claiming in court documents demanding the dismissal of a gun-law challenge in Montana the authority to regulate intrastate commerce under the Constitution's Commerce clause. But the plaintiff in the case says the court needs to review that provision in its amended form – since the 10th Amendment, adopted after the Commerce Clause, can be viewed as modifying the Constitution's provisions regarding the regulation of commerce, specifically granting additional authority to states.

PHOENIX — A House panel voted Thursday to let Arizonans make their own guns and bullets and sell them without having to comply with federal regulations. Rep. Nancy McLain, R-Bullhead City, said HB 2307 is designed to have Arizona exercise its right of sovereignty guaranteed under the 10th Amendment to the U.S. Constitution. It says “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.” That amendment is routinely cited by those who contend the federal government is usurping states’ rights. McLain...

Responding to an executive order by President Obama, a new push is under way for states to adopt laws limiting the use of their National Guard units unless there is an invasion, insurrection or other limited circumstance. As WND reported, Obama's order establishes a new "Council of Governors" designated to advise on the "synchronization and integration of state and federal military activities in the United States." The recent order, posted on the White House website, was accompanied by the explanation that the group is to work "to protect our nation against all types of hazards." It comes just weeks after...

Introduced in the State Senates of both Colorado and South Dakota last week is a bill known as the “Firearms Freedom Act.” If passed, the bill would make state law that “any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in the state and that remains within the borders of the state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.” This now makes Firearms Freedom Acts already passed in Montana and Tennessee, and currently introduced in these 21 states: Alabama, Alaska, Arizona, Colorado Florida, Georgia,...

As I was preparing to write a column on the ludi -crous maligning of the Tea Party movement by liberals, Democrats and the mainstream media (which I hope to write next week instead) I started thinking about one of the key objectives of the Tea Party people - the strict enforcement of 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."). As an early-1960s-vintage member of the then-new conservative movement, I remember us focusing on the 10th Amendment...

The United States government has filed a Motion to Dismiss the lawsuit filed by the Montana Shooting Sports Association and the Second Amendment Foundation. The suit was filed the support the Montana Firearms Freedom Act which declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The argument is that the Federal government has overstepped its authority in attempting to regulate and tax firearms that never cross a state border. The Feds counter that it is a valid exercise of commerse power because even sales of...

Louisiana State Senator A.G. Crowe (R, Slidell) is introducing a bill for the 2010 legislative session in Baton Rouge that would make Obamacare illegal if it violates state laws, effectively making Obamacare null and void in the Pelican State. Senator Crowe states that his bill "provides that no law or rule shall compel, directly or indirectly, any person, employer or health care provider to participate in any health care system or health insurance." Crowe's proposed Senate Bill (download .pdf file) begins as follows... Read the rest at Publiusforum.com...

America is unique among all of the countries in the world. America’s government does not grant rights to its citizens. Our rights are divine rights, God given and our government cannot infringe upon those rights. When issued, the Declaration of Independence contained the phrase, “united States of America” rather than United States of America. Why? Because “united States of America” is a direct reflection of the states sovereignty, as the “States” “united” to declare their independence. This is a prime example of why I love America, the federal government receives its power from the people and the “united States” of...

COLUMBIA – Memo to Congress: South Carolina affirms its sovereignty under the 9th and 10th amendments to the U.S. Constitution. Ditto for the Second and 14th amendments. And when it comes to the proposed federal health care reform, thanks, but no thanks.

In New Hampshire, State Representative Dan Itse has introduced House Bill 1343 (HB1343), which, if passed, would create "a joint committee of the legislature to consider the constitutionality of acts, orders, laws, statutes, regulations, and rules by the government of the United States including the legislative, executive, and judicial branches, and to consider the actions necessary to protect the sovereignty of the state of New Hampshire." Unlike the many 10th Amendment Resolutions that have been introduced around the country since 2008, HB1343 is legally-binding legislation.

MOBILE, Ala. -- Charging that the Alabama Department of Environmental Management has failed to enforce key sections of the federal Clean Water Act, a coalition of environmental groups has asked the federal government to take away Alabama's regulatory authority. The U.S. Environmental Protection Agency would take over, should ADEM lose its authority to regulate water permits under the National Pollutant Discharge Elimination System. "We have received notice of the petition and we will work closely with EPA to address all of the allegations that are contained in the petition. We take very seriously not only this petition but the responsibility...

It's no wonder that the sweetheart deal Senator Ben Nelson got for his home state of Nebraska as part of the Senate health reform bill has caused such consternation among his colleagues.[snip] ...as negotiations continue between House and Senate leaders over final legislative language, the idea of lessening the Medicaid burden for states is gaining traction. [snip] Helping states by extending the Nebraska deal nationwide or by upping federal contributions to future Medicaid costs would certainly relieve some unwelcome pressure. Along with Schwarzenegger, who had previously been a reliable Republican proponent of Democratic health care reform, many other governors —...

Although Democrats think their health care legislation faces smooth sailing to implementation, there is a rock dead ahead — a constitutional challenge to the legislation's core. Democrats who assume it is constitutional to make it mandatory for Americans to purchase health insurance should answer some questions: Would it be constitutional for the government to legislate compulsory calisthenics for all Americans? If not, why not? If it would be, in what sense does the nation still have constitutional, meaning limited, government? Supporters of the mandate say Congress can impose it under the enumerated power to regulate interstate commerce. Since the New...

Self-Evident Truths: Sen. Dianne Feinstein says it comes under the Commerce Clause. Rep. Steny Hoyer says it's mandated by the "general welfare" clause. Despite liberal wishes, health care is not a right. The "living Constitution" that Democrats and their court appointees have given us may be the death of our freedoms. Their constitution adapts to the times and serves the whims of the elitists. The Constitution is supposed to limit government powers. It does not allow government to do anything it feels like doing. Cass Sunstein, the head of the Office of Information and Regulatory Affairs, is the author of...

WASHINGTON (Reuters) – More than a dozen U.S. state attorneys general visited Washington on Wednesday threatening to sue the U.S. government if the so-called "Cornhusker Kickback," a special subsidy offered to Nebraska, is included in pen1ding healthcare reform legislation. The subsidy, which was included in the Senate version of the bill, is "capricious and arbitrary treatment of Nebraska," said South Carolina's Republican Attorney General Henry McMaster, who has organized a group of 15 attorneys to pursue a lawsuit. The group includes two Democrats, one from Oklahoma and one from American Samoa. Many states are outraged by the caveat, which would...

Jefferson City, Missouri 01-13-2010 "Today, January 13th, 2010 is the start of the new revolution. What year is it? 2010, a perfect time to reaffirm our 10th Amendment State Sovereignty", proclaimed State Representative Brian Nieves to the reverberating cheer of a standing room only crowd. Consisting of hundreds of citizens packed into the State Capital Rotunda, the Show Me State Sovereignty Rally in Jefferson City was a day of grass roots activism in the State Capital Building. The rally, organized by the Missouri Sovereignty Project, Tea Party Patriots, Concerned Women of America, and the Eagle Forum is a continuation of...

ESTABLISHMENT OF THE COUNCIL OF GOVERNORS By the authority vested in me as President by theConstitution and the laws of the United States of America,including section 1822 of the National Defense AuthorizationAct of 2008 (Public Law 110-181), and in order to strengthenfurther the partnership between the Federal Government and Stategovernments to protect our Nation and its people and property,it is hereby ordered as follows: Section 1. Council of Governors. (a) There is established a Council of Governors (Council).The Council shall consist of 10 State Governors appointed bythe President (Members), of whom no more than five shall be ofthe same political...

There is indeed nothing new under the sun. The answer to the federal government's current expansion far beyond the limits set by the Constitution lies in Thomas Jefferson's response to the Alien and Sedition Acts in 1798. The Sedition Act blatantly ran afoul of the First Amendment by forbidding any speech against the government. It stated in part. And be it further enacted, That if any person shall write, print, utter or publish ... writings against the government of the United States, ... then such person, being thereof convicted ... shall be punished by a fine not exceeding two thousand...

Posts on a number of threads at FR have correctly pointed out the damage done by many types of federal grants, dispensed with strings attached to states, and I’d been meaning to jot down some thoughts on the topic and respond. Of course, now I can’t find any of those threads, so I’ll just start one of my own. In reality, this is an issue of such importance it probably deserves its own thread. The offer of “federal funds” in exchange for the state taking some action desired by the feds is an implicit admission that it’s an issue on...

...now, however, the proposed nullification would be in support of a constitutional right — which removes the moral and emotional legitimacy that accrued to the Feds in the Arkansas integration case. Would Obama and Co. have the nerve to try to use the military to force New Hampshire to violate the 2nd amendment rights of its citizens? Would the military allow itself to be used in such a way?

Many are puzzled that Democrats persist in ramming unpopular and destructive legislation down our collective throats with no apparent concern for their plummeting poll numbers. A widespread belief is that the Democrats are committing political suicide and will be swept from one or both houses of Congress with unprecedented electoral losses next November. But since Democrat politicians rarely do things that will not ultimately benefit themselves, this column asked two weeks ago, "What do they know that we don't?" We may have found out. It's called universal voter registration. The Wall Street Journal's John Fund described the Democrat plan recently...

State Sen. Robert Hurt has proposed the 5th District GOP host five debates before the June primary for the seven candidates hoping to challenge Democratic incumbent Rep. Tom Perriello in November. In a news release sent Thursday, Hurt called on all 21 Republican unit chairs in the district to work together to sponsor, schedule and plan the debates across the district in the coming months. “I believe that by having the local Republican committees develop the plan for these five debates, Republican voters across the 5th District will be well served by increased debate attendance, greater participation by smaller units...

New Hampshire is considering a firearms freedom bill akin to those being considered in other states and already enacted in Montana and Tennessee, but with this provision added (this paragraph mine, not from article): "Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and...

As previously reported, the Republican Senate caucus and at least ten attorneys general are preparing political, procedural, and legal challenges to the health-care reform legislation proposed by President Barack Obama, House Speaker Nancy Pelosi (D-CA-8), and Senate Majority Leader Harry Reid (D-NV). But freedom activists are trying to encourage State legislatures in as many States as possible to present another challenge: nullification. Nullification is any action taken by a particular government that makes the laws passed and enacted by a higher-level government null and void within the lower-level government's jurisdiction, or at least causes enforcement of the higher-level law to...

See video at source

Federal health care legislation could add hundreds of millions of dollars in costs to Georgia’s state budge... Pages A1 (Front Page) & A15 in the Sunday December 27th edition in, and online at, The ajc.

Senator Diane Feinstein (D-Calif.) said that Congress has the authority to mandate that people buy health insurance and that there is no constitutional limit on Congress’ power to enact such mandates, adding that this unlimited authority stemmed from the Commerce clause of the Constitution. And apparently 59 other Democrat senators agree with her. It is my understanding that the intent of the commerce clause is to assign the responsibility of regulating commerce (the transportation and trading of goods with foreign Nations, and among the several States, and with the Indian Tribes) to the central government, taking the law-making responsibility for...

Looks like the steadily growing list of constitutional, ethical and political outrages that constitute the Harry Reid version of Obamacare is sparking a rebellion in the states, as AP reports South Carolina's attorney general plans to investigate the vote-buying that surrounded the proposal in the Senate majority leader's office. According to AP, South Carolina's Henry McMaster is being joined by the attorneys general of Michigan and Washington state in a suit to determine the constitutionality of the Obamacare proposal. Their initiative was prompted by a request from South Carolina's two senators, Lindsay Graham and Jim DeMint, both Republicans. Attorneys-general in...

Tennessee State Representatives Susan Lynn (R-Lebanon) and Debra Young Maggart (R-Hendersonville) asked Tennessee State Attorney General Robert Cooper to prepare to take the appropriate legal action against the federal government in the event HR 3200, the controversial federal healthcare reform legislation, passes into law. The legislators requested this action in order to grant Tennessee relief from the unfunded mandate contained in the bill that Tennessee complies with the expansion of the federal Medicaid program.

Bills blocking Obamacare should be introduced by Republicans in the state legislatures of every U.S. State. The bills should declare economic sovereignty from Obama's socialist health care program under the 10th Amendment to the U.S. Constitution. AMENDMENT X 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. Every state that passes such a bill should refuse to send health care money to Washington. It's time to fight Obamacare in all 50 States.

...Anger and opposition to Washington's policies and edicts--no matter now egregious--hardly ever translate into anything beyond words of frustration. And Washington politicians don't pay much attention to rhetoric--not even their own. You see, the wizards in Washington and on Wall Street have us figured out. Along with their compatriots in the propaganda press corps, they know that no matter how loudly we scream, how much we protest, or how angry we become, the system is rigged to protect them. The best we the people can seem to come up with is "throwing the bums out" every two or four years....

Well, as it turns out, Washington DC residents know exactly how much of a joke 911 is in their own town, after a cop. Pulled a gun. On kids. Throwing snowballs. Yeah, and they're reading this cop the riot act.

Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor...

(snip) Nationwide, education reform advocates are recognizing the importance of strong leadership in schools and looking for ways to promote it to ensure that all students receive a high-quality education. One organization that has helped teachers become more effective through a rigorous national certification program now plans to offer similar training to principals and "teacher leaders," which could create a pool of administrators who are role models for others. The certification program, offered by the National Board for Professional Teaching Standards, is an offshoot of the board's 20-year-old certification for teachers and counselors. (snip) The board has identified nine core...

Reporting from Phoenix - The day after the federal government told Maricopa County Sheriff Joe Arpaio that he could no longer use his deputies to round up suspected illegal immigrants on the street, the combative Arizona sheriff did just that. He launched one of his notorious "sweeps," in which his officers descend on heavily Latino neighborhoods, arrest hundreds of people for violations as minor as a busted headlight and ask them whether they are in the country legally. "I wanted to show everybody it didn't make a difference," Arpaio said of the Obama administration's order. Arpaio calls himself "America's toughest...

Asheville City Councilman Cecil Bothwell believes in ending the death penalty, conserving water and reforming government — but he doesn't believe in God. His political opponents say that's a sin that makes him unworthy of serving in office, and they've got the North Carolina Constitution on their side. Bothwell's detractors are threatening to take the city to court for swearing him in, even though the state's antiquated requirement that officeholders believe in God is unenforceable because it violates the U.S. Consititution. "The question of whether or not God exists is not particularly interesting to me and it's certainly not relevant...

The February 2010 issue of GUNS Magazine is online, and a letter by NRA Life Member David Lundeen regarding my Firearms Freedom Act "Rights Watch" column caught my eye. He cited the September 2009 issue of their American Hunter magazine, and observed: [I]t is clearly stated “Firearms Freedom Act “ supporters have never planned to test these laws in criminal cases, and no one who puts himself in that situation should expect support from the NRA.” It's true. I'm a Life Member and get American Rifleman, and it's on page 18. Their rationale? [T]his kind of litigation faces major obstacles–mainly...

Missouri State Representative Cynthia Davis has introduced the “Firearms Freedom Act” (HB1230) – prefiled for the 2010 legislative session. The bill “Asserts the right of the State of Missouri to regulate the intrastate use and acquisition of certain firearms pursuant to the reserved powers of the state over intrastate commerce and the Second Amendment right to keep and bear arms.” While the bill’s title focuses solely federal gun regulations, it has far more to do with the 10th Amendment’s mandate that powers not delegated to the federal government are “reserved to the states, respectively, or to the people.” It states:...