On November 8, 2011, a three-judge panel for the U.S. Circuit Court of Appeals for the District of Columbia issued another judicial hallucination regarding ‘Obamacare’ stating “..the centerpiece of the health care law – a mandate for individuals to buy health insurance or pay a fine – was an encroachment on individual liberty, but no more so than requiring businesses to serve all customers regardless of race. ” The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local – or seemingly passive – their individual origins,” wrote Judge Laurence H. Silberman.”

Later that night, the people of Ohio said no:

Ohio Votes to Nullify Insurance Mandates

“On the eve of the 213th anniversary of the passage of Thomas Jefferson’s Kentucky Resolutions of 1798, laying the intellectual groundwork of nullification, the people of Ohio exercised their power and nullified the insurance mandate in the Patient Protection and Affordable Care Act.

“Ohio’s passed Issue Three, a constitutional amendment to preserve their right to choose their own health care and health care coverage. Preliminary returns indicated a wide margin of victory, with more than 60 percent approving the amendment. The amendment makes it illegal for any local, state or federal law to require Ohio residents to purchase health insurance, effectively nullifying a key component of the PPACA.

“This signifies that state level resistance to federal power is not just an old idea relegated to history books,” Tenth Amendment Center executive director Michael Boldin said, “It’s something that’s alive and well right now.

“”Ohio became the tenth state to reject the insurance mandates in the PPACA.

“James Madison said that power over objects which in the ordinary course of affairs concern the lives, liberties and properties of the people, and the internal order, improvement and prosperity of the State would remain with the states. Health care choices clearly fall into that category,” TAC communications director Mike Maharrey said. “Ohio sent a strong message to D.C. tonight. We are not going to just sit back and accept your unconstitutional power grabs.

“”On Nov. 10, 1798, the Kentucky legislature adopted resolutions authored by Thomas Jefferson in response to the Alien and Sedition Acts. In these resolutions, Jefferson explained the states’ power to judge the constitutionality of an act, while also asserting that unconstitutional federal acts hold no force.

“He wrote, “That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress”

“Jefferson continued, “whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force”"

As the federal government continues to grow, states have begun to push back more aggressively. Fifteen states have defied the federal government and legalized medicinal cannabis, and six years after the passage of the Real ID Act, states continue to successfully resist its implementation.

“Nullification is so simple, even a 3-year-old can do it. You just say, ‘No!’” Boldin said. “Washington D.C. will never willingly limit itself. It’s up to the states to put a check on federal power and say, ‘No!’ when Congress passes these unconstitutional acts. Ohio stepped up and did that tonight. Thomas Jefferson would be proud.

“Of course, this is a tremendous win in pushing back against the agenda to impose a totalitarian noose around our necks. As I have written so many times and most recently in my column,Sheriffs, state legislators, OWS and the constitutional militia, you have to put teeth into all these efforts like the sluggish Tenth Amendment movement; it’s called the power of the purse and sword. While nullification is gaining ground, there are still too many socialists, communists and weak-kneed Republicans in the State Houses who refuse to get the job done. The bottom line is it takes putting tremendous heat on your state reps and senators, but unfortunately, too many Americans who are trying to make a difference continue to be distracted with the garbage (beltway politics) tossed out by the thoroughly corrupted dominant media and cable network anchors.

No doubt millions now know about the lawsuits below:

“On 10/25/11 Liberty Legal Foundation filed two simultaneous lawsuits against the Democratic Party. Both lawsuits request injunctions prohibiting the Party from certifying that Obama is Constitutionally qualified to run for the office of President in the 2012 election. Without such a certification from the Party, Obama will not appear on any ballot in the 2012 general election. (Tennessee TN Complaint) (Federal DNC Complaint).

“While reading the announcement, I happened to spot this on their site:

Nullification Done Right

“A couple weeks ago I shared about why state laws nullifying Obamacare were “toothless”. This message references two nullification laws we are trying to get passed in Tennessee that have “teeth.” They are TN SB620 and TN SB1108/HB0959 – please use these links to go to the web site and download copies of each bill.

“The key point between these bills and nullification bills without teeth is that they have a method of enforcement. These bills actually empower local law enforcement to arrest Federal officials who attempt to enforce nullified laws within the state. We are making good progress on getting these bills the support they need. Already, we have TN Sheriffs affirming that they will support this enforcement should the legislature pass these bills.

“Please consider supporting similar legislation in your state. Rally your state TEA Parties, Liberty and Constitutional groups to make their voices heard that they want nullification with teeth.” (Rest at site)

I went and read those two bills linked in that posting. I was particularly overjoyed to see this language in SB620:

“Further, the power to regulate commerce among the several states as delegated to the Congress in Article I, Section 8, Clause 3 of the Constitution, as understood at the time of the founding, was meant to empower Congress to regulate the buying and selling of products made by others, associated finance and financial instruments, and navigation and other carriage, across state jurisdictional lines. This power to regulate “commerce” does not include agriculture, manufacturing, mining, major crimes, or land use.

“The language in TN SB1108/HB0959 is very strong, but again, while the sheriff is the highest law enforcement officer in a county, please remember the words of Patrick Henry: “Let Mr. Madison tell me when did liberty ever exist when the sword and the purse were given up from the people? Unless a miracle shall interpose, no nation ever did, nor ever can, retain its liberty after the loss of the sword and the purse.” I highly recommend you go to this link and read the rest of what Patrick Henry said because the tyrants out in the District of Criminals are not going to relinquish control without a real fight.

When you talk about local law enforcement arresting “Federal” officials, things can get tense. We don’t want violence, which is why I can’t stress enough how important it is to understand the full meaning of the Second Amendment: 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.

While the bickering and ‘business as usual’ continues by the crooks, cowards and criminals in the U.S. Congress, the battle for freedom has to be taken to the state capitols and tell them we mean business: Stand up to tyranny. Print out the bills above and send a copy to your state rep and tell him/her to get off the dime, forget about the next election and stand up for the right of the state to say no to the criminal syndicate out in Washington, DC.

Also recommended reading – Larry Becraft, explains constitutional limitations regarding the states regarding fish and wildlife: Jurisdiction Questioned (2004)

Devvy Kid 2011

http://www.devvy.com.

 

WesternFront America

The American left wing’s sainted Secretary of State, Mrs. Bill Clinton, reportedly allowed on Ecuadorian TV as to how the Obama Regime intends to sue the State of Arizona over Arizona’s new immigration law. Even with the, oh, so “transparent” Obama Regime, the governor of Arizona had to learn this from a news report on TV! Is she angry? You but your bippy she is!

Look, the United States of America is, today, united in name only! If we have not as a nation divided into two camps, every bit as stark as the states just prior to the American War Between the States, then we are sure as heck approaching that condition.

The Confederate States seceded because they could not abide a growing central government dictating to sovereign states what they would and would not be allowed to do. They believed, so much, in the original constitution of the Founding Fathers that they copied it as the Constitution of the Confederacy. Google the Confederate Constitution and read it for yourselves. You will note a few changes, such as a single 6-year term for the President, but by and large, it is the original US Constitution.

We are living history today. We are watching our country break apart, a little at a time, and the root cause is the imposition of a central government, controlled by Socialist, Progressives, Marxists, Statists, Liberals, and even the odd Maoist thrown in here and there, which is drunk on power and lusting for even more.

Americans are losing their hard won freedom little by little as the Obama Regime takes advantage of every crisis, real or imagined, or just plain manufactured to instill fear in Americans that their only salvation is in falling at the feet of Obama, and his minions, and worshiping by sacrificing their freedom and swearing fealty to the current socialist regime which is, every day it seems, simply assuming the powers of an American dictatorship.

I have news for the socialists in charge of our government. Their orgy of power will end, and end very soon, or they will have only a part of the existing states to run rampant over with their atrocious acts of barbarism and vandalism aimed at the few freedoms the American citizens have left.

As much as the federal government likes to believe, and delude others into believing the states are not sovereign entities, they are WRONG!

Arizona, a former member of the Confederacy, WAS, and REMAINS, a sovereign state. The federal government CANNOT impose its will on the people of that state — unless the Arizonans willingly accept it.

One of the extremely important facts about this country the democrats choose not to remember is that 11 states, and parts of two other states, are a part of the US ONLY BECAUSE THEY WERE FORCED, AT THE POINT OF A FEDERAL GOVERENMENT BAYONET, TO REJOIN THE UNION!

Revisionist history does not teach our students the horrible injustices done those former Confederate states after the war under the guise of “Reconstruction.”

If you want to know what an all powerful, vengeful, federal government can do to its own subjugated citizen, do a little research on the south for roughly seven to ten years after the war. You will be horrified.

I include these remarks about the so-called American Civil War and Reconstruction as a warning. Unless our government returns to governing as a constitutional republic, as much as I hate to consider it, Americans will be at each other’s throats.

History does repeat itself. The Obama Regime is making many of the same mistakes the Lincoln administration made. It is alienating its citizens.

The American people, as a whole, have a very long fuse, and we remind the federal government that at the end of that fuse lies an obstinate, stubborn, freedom loving people who have no intention of giving up their sacred freedom by lying down and rolling over for some would-be tin pot dictator and his flunkies in OUR nation’s capitol.

May God have mercy on America because there is a backlash, of biblical proportions, building today and it could explode at any moment.

© J. D. Longstreet

 

WesternFront America

Sometimes, I think most of us get caught up in the great struggle in DC, to the point ignoring other opportunities.  Health care reform seems to be a case in point.  Like so many blog sites, the CH 2.0 has published many posts regarding the health care debate.  All of them have been focused on the debate in DC, and the details of the bills.  But we missed something.

While being caught up in the DC lies and propaganda-fest, we missed something that had been mentioned here, but in a different context, namely, the 10^th Amendment.  For an excellent article on the topic, please take a look at this from Canada Free Press on nullification.

Well, if you believe the only way to protect your rights is by begging federal politicians to do what you want, then these emails are certainly right. The vote went as expected, and so will the next.

So if you think marching on D.C. or calling your Representatives, or threatening to “throw the bums out” in 2010 or 2012 or 20-whatever, is going to further the cause of the Constitution and your liberty—you might as well get your shackles on now. Your last chance has come and gone.

The real way to resist DC is not by begging politicians and judges in Washington to allow us to exercise our rights…it’s to exercise our rights whether they want to give us “permission” to or not.

Nullification—state-level resistance to unconstitutional federal laws—is the way forward.

When a state nullifies a federal law, it is proclaiming that the law in question is void and inoperative, or ’effective,’ within the boundaries of that state; or, in other words, not a law as far as that state is concerned.

It’s peaceful, effective, and has a long history in the American tradition. It’s been invoked in support of free speech, in opposition to war and fugitive slave laws, and more. Read more on this history here.

Regarding nullification and health care, there’s already a growing movement right now. Led by Arizona, voters in a number of states may get a chance to approve State Constitutional Amendments in 2010 that would effectively ban national health care in their states. Our sources here at the Tenth Amendment Center indicate to us that we should expect to see 20-25 states consider such legislation in 2010.

20 States resisting DC can do what calling, marching, yelling, faxing, and emailing has almost never done. Stop the feds dead in their tracks.

Better yet, in the last 2+ years more than 20 states have been able to effectively prevent the Real ID Act of 2005 from being implemented. How did they do that? They passed laws and resolutions refusing to comply with it. And today, it’s effectively null and void without ever being repealed by Congress or challenged in court.

While the Obama administration would like to revive it under a different name, the reality is still there—with massive state-level resistance, the federal government can be pushed back inside its constitutional box. Issue by issue, law by law, the best way to change the federal government is by resisting it on a state level.

That’s nullification at work.

Over the years, wise men and women warned us that the Constitution would never enforce itself. The time is long overdue for people to start recognizing this fact, and bring that enforcement closer to home.

The bottom line? If you want to make real change; if you want to really do something for liberty and for the Constitution…focus on local activism and your state governments.

Thomas Jefferson would be proud!

So, there appears to be some other tools we can use to fight this.  You may want to contact your state representatives to see if they will support such actions.

The author here seems to want the sole focus to be local rather than national.  However, I cannot agree that we should abandon the circus in DC.  We need to protest and “blitz” the Legislative and Executive branches with emails, letters, and calls.  We need them to know where we stand, and that their jobs are in jeopardy if they continue on the course towards slavery.

There does seem, by my estimation, to be some pitfalls to local resistance.  Most obviously, the Democrats will seek to punish any state that resists the health care plan.  Other funding will be threatened.  This is, however, only an issue in that the states have allowed themselves to become dependent on the Federal government.  While it’s too late to avoid this, it is a factor that should be recognized.   Also, the Democrats and their client groups will exert considerable pressure on the present state legislators and governors to change their minds.  The rent-a-mob will be employed, as will every trick in the playbook, including the race card.  State officials will do well to read up on their Alinsky.  There will be a great deal of effort and money spent to replace state officials that resist.  Not only in elections, but also in fake ethics complaints, time consuming lawsuits, and the like.  Ask Sarah Palin how that goes.  None of these, in and of themselves are a reason not to resist, but state officials will have to recognize that they will be marked by the left.  If they cannot find it, they will make it up.

© Matt Ross

Originally posted at Conservative Hideout 2.0

The Liberty Pen

 

WesternFront America

Our forefathers wisdom brought together 13 colonies as one for defense and commerce purposes. At any time any of these colonies felt violated of their rights granted at the Constitutional Convention, they had the right to leave the union.

The states were to preserve their power and their identity, but clearly in 2009, that’s not the case. Out government has become a strong centralized government that often walks over the Constitution for partisan legislative and judicial gain. As the Federal Government has left the gold standard, turned control of our money to the Federal Reserve, increased and created unfair taxation, and most recently printed money to bailout private entities, any of the 50 states should have the power to leave the union. Obviously, this is not what our forefathers prescribed.

The southern states secession began in during Abraham Lincoln’s victory over the issue of slavery. Slavery was a driving economic factor in the poorer southern states, and the fear of northern economic superiority drove southern states to fight for the rights of slave owners. I am by no means justifying slavery, but the southern states, realizing a possible economic collapse and the violation of states’ rights, seceded from the union. They were well within their rights.

Once they announced their secession, the United States government needed to extract federal troops from forts in the south, since the south no longer would depend on the federal government for protection. Jefferson Davis attacked Fort Sumter to remove the northern influence and presence from the South. The southern secession added four more states after the attack. When Lincoln organized Union troops to keep the country together, he violated the power of secession, probably denying it forever.

Since the Civil War, the power of the Federal Government has grown at an alarming rate. So far gone is the idea of centralized state governments that rely on a weaker federal government to insure interstate commerce and defense, schools rarely teach this truth to students anymore.

Each year the federal government grows and removes more responsibility from the states. A perfect example of this is education. It was not intended and should not be the federal government’s responsibility to shape education policy, but we know the states have given up their power for federal funding. Now the Department of Education is far too influential in our nation’s schools.

In a Faustian deal, the states have given up their identity and most importantly their ability to stand up to the abuse of power in Washington. We may be 50 different borders, electoral contests, and smaller governments, but we are now one super glued union. To stand up for states’ rights now using the Second Amendment might provoke a scene similar to Tiananmen Square. We don’t like to think of our country like that, but to regain the rights of the states will require defeating firepower not even imagined during the first time the South tried it.

Lincoln abused the power of the Federal Government. Now we have to observe the results. Regardless of whether slavery was right or wrong during the debates of the 1850s, the real tragedy of the Civil War is the loss of states’ rights.

Originally Published at Bungalow Bill’s Conservative Wisdom

 

WesternFront America