Free Republic

Both Montana and Tennessee have passed FFAs, and they are to be commended for their commitment to the right to keep and bear arms. Unfortunately, the FFAs passed in Montana and Tennessee have serious problems that make their probability for success in the courts highly unlikely. Both states' FFAs contain items regulated by the federal government not under its power of interstate commerce, but under the federal government's power of taxation. It specifically includes silencers and destructive devices (firearms over .50 caliber).

<p>DENVER – The Colorado ski town of Breckenridge has voted overwhelmingly to legalize marijuana.</p> <p>Early returns Tuesday night showed the proposal winning with 72 percent of the vote.</p>

Brady Campaign's Dennis Henigan seems to have problems understanding this document. The Brady Campaign's Dennis Henigan is apparently as unimpressed with the 10th Amendment as he is with the 2nd. This can be seen by his reaction to passage in Tennessee and Montana (and consideration elsewhere) of bills that would exempt firearms, ammunition, and firearm accessories made and sold within the state, from federal gun laws. That reaction is one of fussy disapproval. We know that individuals can defy the law. Can a state legislature defy the law? When it comes to the gun issue, apparently it can.I refer to...

It is no surprise that America's renewed focus on the separation between state and federal authority has created an almost hysterical rage on the Left. Collectivist ideologues are always necessarily threatened by divisions of power. But rather than shame dissenters into silence with labels like "tenther," the disdain shown by the political class and its sycophants for the Constitution has only heightened the growing tension between those in America who desire absolute central government, and those who still believe in the federalism and freedom of our founding.

A pro-life movement seeking to guarantee basic human rights to unborn babies is exploding in 32 states – and leaders say it could be just the key to nullifying abortion provisions in President Obama's health-care "reform." While abortion was not specifically mentioned in earlier bills under consideration, H.R.3962, unveiled by Nancy Pelosi this week, does in fact state abortion is to be covered. Concerns are mounting that whatever the final form of the legislation, the procedure will become more accessible, requiring health insurance companies to fund abortions. Gualberto Garcia Jones is director of Personhood Colorado and a legal analyst for...

Health Reform: House Majority Leader Steny Hoyer says it's constitutional to mandate insurance coverage. Congress, he insists, has "broad authority" to make us buy things to provide for the "general welfare." Democrats' Alice In Wonderland interpretation of what they consider to be a "living Constitution," where words mean what they say they mean based on political considerations, gets more bizarre by the minute. (snip) We've been down this road before. In 1994, Hillary Clinton's secretive health care task force was trying to nationalize health care. "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of...

We have known about the H1N1 (Swine Flu), risk for many months now. We knew that last spring's outbreak would turn into a more virulent strain by this fall. That is all basic science. Concerned for our citizens, the government recognized the need to produce substantial volumes of vaccine. We have spent more than $2.2B for H1N1 Swine flu. To date, only a minor amount of this vaccine has been delivered, but concern seems muted. Despite new vaccine manufacturing technologies, we persist in using outdated methods and to spend huge sums of money in a wasteful manner. Why?

Gun Rights: A decade after Congress forbade the CDC from studying the health consequences of gun ownership, the National Institutes of Health has started funding such research. Will reform pry the guns from our cold, sick hands? More than a decade ago Congress, seeing it as a backdoor assault on the 2nd Amendment and the right to keep and bear arms, voted to cut funding for firearms research by the Centers for Disease Control. Such research was viewed as one-sided and based on flawed assumptions that all gun use was bad, even that which saved lives and deterred crime. The...

In an act of merciful sanity, the Obama administration has made good on its promise to stop interfering with states that allow the medical use of marijuana. Clink-clink, hear-hear, salud, cheers, et cetera, et cetera.... It's a good move, long overdue. But is it enough? Not quite. The debate over whether Americans ought to have the right to be stupid -- or to make other people seem more interesting -- continues apace after 40 years of the (failed) "war on drugs." Arguments for and against decriminalization of some or all drugs are familiar by now. Distilled to the basics, the...

Tennessee is urging 49 other states to come together and create a "joint working group between the states" to combat unconstitutional federal legislation and assert state rights. Tennessee Gov. Phil Bredesen signed HJR 108, the State Sovereignty Resolution on June 23. According to the Tenth Amendment Center, the resolution created a committee to form a joint working group between the states to enumerate the abuses of authority by the federal government and seek repeal of imposed mandates. State Rep. Susan Lynn recently wrote a letter to the other 49 state legislatures, inviting them to join the group and warning that...

Ohio has joined with several other states, including Montana and Tennessee, in asserting independence from federal gun laws with the introduction of House Bill 315. This bill, sponsored by Representatives Morgan and Martin, would make all guns manufactured wholly within the state of Ohio exempt from federal gun regulations provided sales are within state boundaries. The Bureau of Alcohol, Firearms, Tobacco, and Explosives has claimed that they have the authority through the right to regulate interstate commerce because even exclusive intrastate sales of guns have an effect on gun sales nationwide. With two states already having passed similar bills, and...

Buckley on marijuana National Review ^ | William F. Buckley Conservatives pride themselves on resisting change, which is as it should be. But intelligent deference to tradition and stability can evolve into intellectual sloth and moral fanaticism, as when conservatives simply decline to look up from dogma because the effort to raise their heads and reconsider is too great. The laws aren't exactly indefensible, because practically nothing is, and the thunderers who tell us to stay the course can always find one man or woman who, having taken marijuana, moved on to severe mental disorder. But that argument, to quote...

On November 23, 1863, Ulysses S. Grant ordered George Thomas and his Army of the Cumberland to take Orchard Knob in preparation for the battle of Missionary Ridge. As Thomas' men advanced, the Confederate skirmishers fell back after a heavy engagement. Two days later Grant, Thomas and General Gordon Grainger were standing on the knob watching the battle of Missionary Ridge. From this vantage point they watched as the Army of the Cumberland routed Bragg's Army of Tennessee in what some scholars believe was the South's last chance for victory in the Civil War. Thomas needed a place to bury...

Heavily armed officers in helmets, bulletproof vests and, oddly enough, Bermuda shorts stormed his store, handcuffed him, disabled security cameras and seized his drugs before taking him to jail. When he asked why his shop was invaded, an officer responded, "We're closing them all down." Those words could prove prescient after Los Angeles County District Attorney Steve Cooley said last week he wants to shutter clinics that sell pot for profit. Cooley's plan is the latest salvo in a prolonged conflict in California over whether medical marijuana is truly having its intended effect or is being abused by the larger...

Although I don’t expect the state sovereignty movement to get a fair hearing over at Daily Kos, the total historical ignorance and vacuous credulity of some liberals never ceases to amaze me.A recent post, which purports to offer intellectual firepower capable of refuting the arguments of “tenthers,” essentially states that “Everything the federal government does is constitutional because the federal government says so.”Observe: Obviously Medicare, Social Security, and the Air Force (yes, I’ve had tenthers tell me the Air Force is unconstitutional) are legal because we’ve had them for decades without being struck down by the Supreme Court. Obviously. Except...

Obama Won't Seek to Arrest Medical Pot Users Federal prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws, officials say October 19, 2009 WASHINGTON -- The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday. Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of...

The federal government is facing a lawsuit over billions in unclaimed bonds that date back to the patriotic fundraising efforts of World War II, leading to a showdown between states who say they should be given the money and a Treasury Department that claims ownership.

WASHINGTON — The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday. Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws. The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.

O’Reilly told Dawkins” you insist you can’t even mention it, that is fascism, sir. Was he right? Is it constitutional/scientific to insist that only materialistic evolution can be taught? See: O’Reilly vs. Atheist Author Richard Dawkins...

I'm going to go back to this quote by Barney Frank of the US House, because it says everything those in state and local governments need to know: Barney Frank, the Massachusetts Democrat who is chairman of the House Financial Services Committee, said in an interview that the defaults were, in essence, worth it. “I don’t think it’s a bad thing that the bad loans occurred,” he said. “It was an effort to keep prices from falling too fast. That’s a policy.” Got it? It's a policy to screw the state and local governments. Huh, you say? It's simple, really:...

exas Governor Rick Perry was recently pilloried for bringing up the concept of secession (“succession” according to leftist political commentator Whoopi Goldberg). He did not, and was not, advocating it but the word obviously struck a nerve in the White House and its MSM trumpets. Everything the left does depends on financing from low tax states such as Texas, Nevada, and Florida. Low state taxes maximize income tax receipts, which help pay for the welfare state and vote buying so important to “liberals.” No person with an IQ above room temperature can read our Constitution and believe those states that...

USAToday has an article today about Sheriff Joe in Arizona being told by DHS to stop looking for illegals. Also, I posted this story yesterday about the illegals detention facility in Texas being emptied a couple of weeks ago, and illegals transferred into unguarded hotel facilities with free food, and medical care.

The nation's governors are emerging as a formidable lobbying force as health-care reform moves through Congress and states overburdened by the recession brace for the daunting prospect of providing coverage to millions of low-income residents. The legislation the Senate Finance Committee is expected to approve calls for the biggest expansion of Medicaid since its creation in 1965. Under the Senate bill and the House proposal, a state-federal insurance program targeted mainly at children, pregnant women and disabled people would effectively become a Medicare for the poor, a health-care safety net for all people with an annual income below $14,404. Whether...

Gun Control: The Supreme Court agrees to decide if the Second Amendment applies to all of us, or just Washington, D.C. Why would the Founders put in the Bill of Rights something applying only to a federal enclave? In a 5-4 decision last year written by Justice Antonin Scalia, the Supreme Court overturned a draconian District of Columbia gun ban enacted 32 years ago that barred private ownership of handguns at all. Scalia wrote that an individual's right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted. The court ruled that...

A Montana lawsuit filed on Thursday challenges federal authority to regulate guns manufactured and sold within the state, an argument that would effectively invalidate federal firearm laws in Big Sky Country if adopted by the courts. The lawsuit arose out of a state law signed by Democratic Gov. Brian Schweitzer that took effect on October 1. It says that firearms, ammunition, and accessories manufactured entirely inside Montana are not subject to federal regulation, including background checks for buyers and record-keeping requirements for sellers. They would remain subject to state regulation, and machine gun manufacturing is not permitted. This is part...

(Corrected) Gun Control: In a case headed for the Supreme Court, a three-judge panel rules Chicago's gun ban constitutional since the 2nd Amendment doesn't apply to states and cities. High court nominee Sonia Sotomayor concurs.Those Pennsylvania townsfolk bitterly clinging to their guns may have been premature in celebrating the decision in D.C. v. Heller that the 2nd Amendment to the U.S. Constitution does indeed guarantee an individual right to keep and bear arms.

The following article is from the June 1950 issue of analysis, vol. VI, no. 8, and was reprinted on LewRockwell.comThe Constitution that came out of the Philadelphia convention in 1787 was not acclaimed a “divine document.” On the contrary, the folks were rather skeptical about it and made ratification difficult. Yet there was no organized opposition. The Constitution simply ran head on into the individualism that had defied the arrogance of British Toryism. The backcountry, which started at the outskirts of the few seaboard cities, was as suspicious of a national government as if been hostile to foreign intervention. It...

The Supreme Court has clearly ruled that the Second Amendment to the U.S. Constitution means individuals have a right to own weapons, and the justices have been asked to take up two cases that could broaden that right to include state laws. The court’s decision on whether to take up the cases, National Rifle Association v. Chicago and McDonald v. Chicago, could come this week, before the fall term officially starts Oct. 5. The Second Amendment is one of the most contentious provisions in the Constitution. To many, it is an unqualified guarantee of Americans’ right to defend themselves. Others...

ST. PAUL — In more than a dozen statehouses across the country, a small but growing group of lawmakers are pressing for state constitutional amendments that would outlaw a crucial element of the health care plans under discussion in Washington: the requirement that everyone buy insurance or pay a penalty. Approval of the measures, the lawmakers suggest, would set off a legal battle over the rights of states versus the reach of federal power — an issue that is, for some, central to the current health care debate but also one that has tentacles stretching into a broad range of...

This all started with "No Child Left Behind" (which is being expanded under President Zero). We need to stop the federal drive to take over education in its tracks while there is still time. (For poll and aricle, click the excerpt link below)

I HAVE HAD ENOUGH of being told what is right and what is wrong by those who say Conservative, Christian values are no longer relevant.

The unemployment rate for young Americans has exploded to 52.2 percent -- a post-World War II high, according to the Labor Dept. -- meaning millions of Americans are staring at the likelihood that their lifetime earning potential will be diminished and, combined with the predicted slow economic recovery, their transition into productive members of society could be put on hold for an extended period of time. And worse, without a clear economic recovery plan aimed at creating entry-level jobs, the odds of many of these young adults -- aged 16 to 24, excluding students -- getting a job and moving...

An exclusive interview with Daniel Miller, President of The Texas Nationalist Movement The Texas Nationalist Movement supports Texas secession, and the establishment of a free and independent Texas. This movement has garnered an amazing amount of attention and has resulted in some very, let’s call it lively, commentary. One of the themes repeated often in the negative commentary is that the Texas Nationalist Movement is motivated by racism and a hate specifically for Barack Obama. Nothing could be further from the truth. In fact, the TNM is not an Obama thing. It’s not a Democrat thing. It’s not a GOP...

NASHVILLE - The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told Tennessee gun dealers to disregard a state statute that exempts firearms made and sold inside Tennessee from federal gun laws and registration. The ATF says the federal laws still apply regardless of the state's move. The Tennessee legislature considered and approved several bills this year to reduce restrictions on firearms, including one bill that its sponsors labeled the "Tennessee Firearms Freedom Act." It passed overwhelmingly, the House 87-1 and the Senate 22-7, despite warnings by some lawmakers that it could subject Tennessee citizens to federal prosecution and...

Two prominent East Bay marijuana advocates got clearance from the state today to try to put a pot-legalization initiative on the November 2010 California ballot....

There’s a growing movement on the part of states to override federal laws and regulations under the 10th Amendment, which reserves powers to the states not delegated to the federal government. So far, the battle lines have been drawn at Real ID, medical marijuana and firearms, but federally mandated health insurance may not be far behind. State sovereignty resolutions were introduced in 37 states this year; seven passed. Although the resolutions are not legally binding, Tenth Amendment Center founder Michael Boldin said they “serve notice” that states will no longer automatically enforce federal mandates in areas they believe the central...

Free People Need No Leader Throughout the summer’s town halls and protests, a passing question has been raised again and again by the media and their consorts: who is this movement’s “leader?� The assumption behind the question reveals something interesting about the questioners’ perspective. To ask this question, the questioner must believe that average people require a “leader� to tell them what they do and don’t want, what they must or mustn’t do and where they must or mustn’t do it. While it’s certainly true that we who resist federal intrusion into our every action must have representatives, free people...

Q: What is the AmericaAgain! project; what is its purpose? A: It’s a private charitable trust whose purposes are: a) We The People exercising our right of self-government by enforcing the U.S. Constitution in the courts of the sovereign States as has always been our duty; b) drafting and enacting reform legislation to serve the People, not corporate or socialist interests; and c) lawfully spreading Tax Honesty to shrink federal government by the power of the purse.

To All, Please read the message, carefully, and take action. The luxury of sitting and watching things happen, is over. It is time to get busy. I know some of you are already active on various causes. However, I would ask that you support this project, if only to spread the message to everyone you can. Thanks, Michael – Committee Member The PEOPLE’S CONSTITUTION COALITION OF OHIO August 5, 2009 To All Americans, As many of you are aware, there has been a flurry of activity around the country involving many States who are taking positive steps in asserting their...

Federal Powers: Where in the U.S. Constitution does it say the government can force people to buy health insurance? And by what authority does it prohibit the purchasing of insurance across state lines?A key part of the administration's plan to reform health care is what is called the "individual mandate" — a requirement that everyone must have health insurance either through his or her employer or purchased individually. A good chunk of the uninsured are that way of their own volition. They are young and healthy and feel they have better things to do with their money at this point...

In one of the more profound pronouncements of the gubernatorial campaign so far, Ron Ramsey declared last week that Tennessee is "an island of sanity" in a nation that is headed in a frightening direction. Then he added: "The 10th Amendment means the 10th Amendment." This remark got a "hearty round of applause" at one of those anti-Washington rallies that have come into fashion since Barack Obama moved into the White House, according to a Kingsport Times-News report on the event. As a matter of rhetorical flourish, of course, this is also reminiscent of Ramsey's predecessor at lieutenant governor and...

On a Thursday night Republican Governors Association conference call with conservative activists, moderated by Erick Erickson of RedState, Gov. Tim Pawlenty broached the possibility of “asserting the 10th Amendment” to keep Minnesota from fully participating in a health care plan passed by Congress and signed by President Obama. The 10th Amendment reads:

Obama is worried about our national TEA Party tomorrow. The pictures of 500,000 patriotic Americans outside his window demanding our freedoms more than has his attention, it has him off balance and in panic mode. Tomorrow half a million individual patriots largely from the “fly over country” the Marxists mock and hate will be holding a “teach in” to instruct the Left in how America works why America works and how America can and will be a great country again. His CBS stogies are turning 60 Minutes over to him Sunday night and Monday night he is speaking again on...

The arguments against the power of the states to arrest federal tyranny are as predictable as the sun coming up in the morning, and they are as philosophical in nature as the Declaration of Independence. One of the most commonly used arguments against such a State power is the United States Supreme Court (US S CT) dicta opinion in Marbury v. Madison in 1803, written by Chief Justice John Marshall. Before getting into the misunderstandings and misapplications of that infamous decision, we must first recognize the source and character of Marshall's opinion. As Marshall himself admitted that the US is...

TOPEKA, Kan. (AP) - In Kansas, Carrie Nation battled booze by smashing up saloons, the state school board once approved science guidelines questioning evolution and anti-abortion leaders have made their stiffest stands - all burnishing the state's conservative credentials.

If you're planning a garage sale or organizing a church bazaar, you'd best beware: You could be breaking a new federal law. As part of a campaign called Resale Roundup, the federal government is cracking down on the secondhand sales of dangerous and defective products. The initiative, which targets toys and other products for children, enforces a new provision that makes it a crime to resell anything that's been recalled by its manufacturer. "Those who resell recalled children's products are not only breaking the law, they are putting children's lives at risk," said Inez Tenenbaum, the recently confirmed chairwoman of...

Originally introduced and passed in Montana, the FFA 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. Since its passage in Montana, a clone of the Firearms Freedom Act has been enacted in Tennessee, and has been introduced in the legislatures of Alaska, Texas, South Carolina, Minnesota and Florida. Legislators in many other states have announced that they will introduce FFA clones when their legislatures next convene.The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the “commerce clause,� with firearms...

Members and citizens supporting the Republican Party rallied against the Obama administration outside the Texas Capitol Saturday afternoon. The Texas State Sovereignty or Secessions movement is backed by those who think the federal government is getting too involved in state and local government affairs. One of the options they're considering is seceding from the United States. "They're coming together to talk about the option of sovereignty, to rally support for state sovereignty, to encourage our state leadership, to exercise the sovereignty that Texas ought to be standing on," Republican Gubernatorial Candidate, Debra Medina, said. Medina said another way to allow...

The Environmental Protection Agency is expected in the next few weeks to declare that carbon dioxide and five other greenhouse gases are pollutants, a move that would require the federal government to regulate them -- even without legislation.

Fiercely independent and thoroughly horrified at the blatantly unconstitutional explosion of federal tyranny into every aspect of our lives, Texans are set to march on the state capitol in droves on Saturday. They will be delivering a million-strong petition to their elected officials based on the 10th Amendment, demanding an immediate constitutional confrontation with Washington. If they are turned away or their concerns inadequately addressed, organizer Gerry Donaldson says they "will be forced to call for a vote for secession." This will not be the last time a state openly defies Obama's treasonous war on the Constitution. Donaldson, who runs...