The Down Range Forum
Member Section => Politics & RKBA => Topic started by: Teresa Heilevang on March 04, 2009, 11:47:09 PM
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If this has already been posted, I apologize. I couldn't find it, so I posted it. :-\
(Eleven States Declare Sovereignty Over Obama’s Action
by A.W.R. Hawkins
State governors -- looking down the gun barrel of long-term spending forced on them by the Obama “stimulus” plan -- are saying they will refuse to take the money. This is a Constitutional confrontation between the federal government and the states unlike any in our time.
In the first five weeks of his presidency, Barack Obama has acted so rashly that at least 11 states have decided that his brand of “hope” equates to an intolerable expansion of the federal government’s authority over the states. These states -- "Washington, New Hampshire, Arizona, Montana, Michigan, Missouri, Oklahoma, [Minnesota]...Georgia," South Carolina, and Texas -- "have all introduced bills and resolutions" reminding Obama that the 10th Amendment protects the rights of the states, which are the rights of the people, by limting the power of the federal government. These resolutions call on Obama to “cease and desist” from his reckless government expansion and also indicate that federal laws and regulations implemented in violation of the 10th Amendment can be nullified by the states.
When the Constitution was being ratified during the 1780s, the 10th Amendment was understood to be the linchpin that held the entire Bill of Rights together. The amendment states: “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."
The use of the 10th Amendment in conjunction with nullification garnered much attention in 1828, when the federal government passed a tariff that southerners believed affected them disproportionately. When the 1828 tariff was complemented by another in 1832, Vice President John C. Calhoun resigned the Vice Presidency to lead his home state of South Carolina in pursuit of an “ordinance of nullification,” which was no less a declaration of the sovereignty of each individual state within the union than the declarations now being made.
Calhoun was simply exercising what he recognized to be his state’s right to defend liberty within its borders by rejecting the dictates of an overbearing central government. While his efforts culminated in a tense affair referred to as the “nullification crisis,” which witnessed everything from threats of a federal invasion of South Carolina to an ongoing and near union-rending debate over national power vs. state’s rights, they also succeeded in turning back the tariffs that had been passed in spite of the Constitutional limits on federal power.
This time around, in 2009, appeals to the 10th Amendment are not based on tariffs but on unfettered government expansion in Obama’s “stimulus bill,” federal mandates on abortion that violate state laws, and infringements on the 1st and 2nd Amendments, among other things.
For example, Family Security Matters reports that Missouri’s “House Concurrent Resolution 0004 (2009) reasserts its sovereignty based on Barack Obama’s stated intention to sign into law a federal ‘Freedom of Choice Act’, [because] the federal Freedom of Choice Act would nullify any federal or state law ‘enacted, adopted, or implemented before, on, or after the date of [its] enactment’ and would effectively prevent the State of Missouri from enacting similar protective measures in the future.”
The resolution in Montana grew out of concerns over coming attacks on the 2nd Amendment, thus its preface describes it as, “An Act Exempting From Federal Regulation Under The Commerce Clause Of The Constitution Of The United States A Firearm, A Firearm Accessory, Or Ammunition Manufactured And Retained In Montana.”
New Hampshire’s resolution actually references certain federal actions that would be nullified within that state were they pushed by Obama’s administration, according to americandaily.com. Among these are “Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press, [and any] further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition.
Regardless of the specific reason behind each of the resolutions in the 11 states, all of them direct the federal government to “cease and desist” in its reckless violation of state’s rights. In this way, South Carolina’s resolution is typical of the others issued to date:
“The General Assembly of the State of South Carolina, by this resolution, claims for the State of South Carolina sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution…
Be it…resolved that this resolution serves as notice and demand to the federal government, as South Carolina's agent, to cease and desist immediately all mandates…beyond the scope of the federal government's constitutionally delegated powers.”
What these state assemblies and congresses have hit upon here is key to our entire conservative interpretation of the Constitution, for these states understand that the Constitution limits the federal government, not the people. Or to put it another way, it guarantees the freedom of the people by limiting the government.
Every conservative should relish the call for the federal government to “cease and desist all mandates that are beyond the scope of [its] constitutionally delegated powers.” In this way, we honor the Constitution that enumerates a number of our liberties yet also guarantees us other liberties that are neither enumerated nor denied in the document.
Liberals don’t respect the Constitution, and liberals in Congress don’t hesitate to propose legislation that would clearly violate it. The current push to give Washington, D.C. a voting representative in the House of Representatives is a good example; even liberal Prof. Jonathan Turley told a Congressional hearing that this bill is patently unconstitutional. But they press on with it.
Our Constitutional system of checks and balances is always thought of as enabling two of the three branches of the federal government to keep the third within its constitutional bounds. But there is a fourth check, the states, which also have a Constitutional function. It is to them this burden now falls. The states can choose between allowing the federal government to impose untenable conditions on them if they accept the stimulus money, or to reject it.
These eleven states have the right to reject the stimulus plan. And they must.
There is no other option. For this federal expansion will not stop unless we stand in its way with courage in our hearts and the Constitution in our hands.
HUMAN EVENTS columnist A.W.R. Hawkins has been published on topics including the U.S. Navy, Civil War battles, Vietnam War ideology, the Reagan Presidency, and the Rebirth of Conservatism, 1968-1988. More of his articles can be found at www.awrhawkins.com.
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NH bill status, The House committee, with no arguments against, labeled it "Inexpedient to Legislate",
It still has to come before the Senate and may still pass.
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So, if I understand correctly, these Governors don't want to accept the money because they see the Stimulus as creating long term projects but only paying them in the short term? This is akin to having the feds pay the first payment on a car, but having to pay the rest yourself, even though you didn't need a new car. An unfunded mandate, or in this case, only partially funded?
Correct?
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So, if I understand correctly, these Governors don't want to accept the money because they see the Stimulus as creating long term projects but only paying them in the short term? This is akin to having the feds pay the first payment on a car, but having to pay the rest yourself, even though you didn't need a new car. An unfunded mandate, or in this case, only partially funded?
Correct?
The "stimulus" bill is only the latest in a long string that goes back at least to Johnson's "great society" (No child left behind" is another ) But "unfunded Mandates are only one of several federal usurpation's of State authority that violate the 10th Amendment
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.
This is essentially a rehash of the causes of the Civil War with out the distraction of Slavery.
In fact, If right HAD in fact made might the Confederacy would have conquered the North and hung Lincoln, The Emancipation Proclamation and 14th Amendments clearly violate the 4th and 5th Amendments.
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I was glad to see Bobby Jindal on Fox yes, FOX, giving them a good what for over that stimulus bill. I like him against Obamature in 2012.
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I was glad to see Bobby Jindal on Fox yes, FOX, giving them a good what for over that stimulus bill. I like him against Obamature in 2012.
Yeah, but what the heck do you know? Your name says it all "Ameican Gun Owner". What are you? A scared wittle boy with a small penis that needs a big gun to make him feell like a man? You people make me sick with your John Wayne attitudes! I have been on this earth for 75 years and evey one I know has had someone killed buy a gun in their home! Get guns out of homes! Husbands killing wives and kids or kids killing kids. Just get rid of all you wannabe heroes and the world will be much safer! i never hear of guns saving ANYONE! GUNS ARE ONLY MADE FOR KILLING!
::)
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Yeah, but what the heck do you know? Your name says it all "Ameican Gun Owner". What are you? A scared wittle boy with a small penis that needs a big gun to make him feell like a man? You people make me sick with your John Wayne attitudes! I have been on this earth for 75 years and evey one I know has had someone killed buy a gun in their home! Get guns out of homes! Husbands killing wives and kids or kids killing kids. Just get rid of all you wannabe heroes and the world will be much safer! i never hear of guns saving ANYONE! GUNS ARE ONLY MADE FOR KILLING!
::)
You spelled American wrong bitch.
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Yeah, but what the heck do you know? Your name says it all "Ameican Gun Owner". What are you? A scared wittle boy with a small penis that needs a big gun to make him feell like a man? You people make me sick with your John Wayne attitudes! I have been on this earth for 75 years and evey one I know has had someone killed buy a gun in their home! Get guns out of homes! Husbands killing wives and kids or kids killing kids. Just get rid of all you wannabe heroes and the world will be much safer! i never hear of guns saving ANYONE! GUNS ARE ONLY MADE FOR KILLING!
::)
Maybe if you know more than criminals they wouldn't be getting killed. Did you ever stop to think maybe they should be taught some gun safety. I don't know anyone who has been killed by a gun except by a criminal. Stop watching CNN and MSNBC and you'll see some one saved by a gun. How about the lady who saved the church congregation in Utah? Or the countless home owners who stop meth addicts and crack head truckers from breaking into their homes.
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AGO,
Check your messages. ;)
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You spelled American wrong bitch.
Dude, He's busting your chops ;D
And just to stir the pot I have to point out that no one has ever been killed by a gun.
Over the centuries many people have been killed by other people USING guns, but there has never been one single documented case of a fire arm saying "That's it, this non cleaning SOB is going DOWN". ;D
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I'll be honest with you. Busting chops? Why? Do you come here kicks? Is this all a joke to you? This is serious business. We're about to go into a Greater Depression. Americans are losing their homes, money, families over this fruitcake. Instead of pretending to have a problem with me we should be holding hands praying, and discussing a way to get out of this mess, with our rights and guns intact.
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I'll be honest with you. Busting chops? Why? Do you come here kicks? Is this all a joke to you? This is serious business. We're about to go into a Greater Depression. Americans are losing their homes, money, families over this fruitcake. Instead of pretending to have a problem with me we should be holding hands praying, and discussing a way to get out of this mess, with our rights and guns intact.
We should be finding a way to answer the crap I posted. I posted that to make people THINK. You know like target practice.
Now take a deep breath and join in the discussion.
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what you posted made no sense. how about we get back on topic. States Sovereignty.
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I'll be honest with you. Busting chops? Why? Do you come here kicks? Is this all a joke to you? This is serious business. We're about to go into a Greater Depression. Americans are losing their homes, money, families over this fruitcake. Instead of pretending to have a problem with me we should be holding hands praying, and discussing a way to get out of this mess, with our rights and guns intact.
Yes it is, I think it's hilarious when I see stupid educated uninformed a$$holes make the same mistakes over and over because the voters today are to self absorbed to learn from the dummies who voted for carter,because todays voters can't skip an episode of American Idol to do some RESEARCH into the candidates. Everyone can find the porn sites but damn few can find political commentary.
I already had 1 Heart attack, so I laugh, because since I got laid off I can't afford the ammo to shoot ALL the a$$holes.
So do like a normal person and take a Valium and start plotting for 2010.
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Agreed.
How do we get this message out to our state reps? These bills all have different reasons and state laws behind them. We need to come up with a general staement backed by the US Constitution that gives our state legislatures the reason (and intestinal fortitude) to follow these brave fellows.
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The bills in all TWENTY SIX (last I heard) states share the 10th amendment argument. And most reference the 1st article of the Constitution which specifies the powers of the federal govt.
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Yes it is, I think it's hilarious when I see stupid educated uninformed a$$holes make the same mistakes over and over because the voters today are to self absorbed to learn from the dummies who voted for carter,because todays voters can't skip an episode of American Idol to do some RESEARCH into the candidates. Everyone can find the porn sites but damn few can find political commentary.
I already had 1 Heart attack, so I laugh, because since I got laid off I can't afford the ammo to shoot ALL the a$$holes.
So do like a normal person and take a Valium and start plotting for 2010.
I got ya beat by two, Tom! Here's what we need....
(http://i125.photobucket.com/albums/p78/hazcater/Fun%20Stuff/prep_h.jpg)
(not directed at you AGO)
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The perfect round for the revolution ;D
Bend over Rahm ! ;D
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Congress.org.
From here you can find your reps. contact them often. i do.
Volunteer. It worked for Obamason, it can work for us. They voted for change last time, not for Obama. they'll vote for change again.
I like that Preparation H pic. That's cool.
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Here's another
http://www.capwiz.com/nra/dbq/officials/
Another 2% in unemployment and he can forget about a 2nd term, unless of course ACORN,who got $100 MILLION of the stimulus, help him out again.
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DO NOT EVER SPEAK OUT AGAINST ACORN AGAIN.
kidding.
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AGO,
Here is another good place to find your reps http://www.votesmart.org/search_zipcode.php?keyword=33714-3325
I would like someone like TomBogan (resident deep thinker) to distill a letter for us to send out.
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Yeah, don't let me miss it. I'm always sending them out.
Congress.org actually used the capwiz system. :)
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Dude, He's busting your chops ;D
And just to stir the pot I have to point out that no one has ever been killed by a gun.
Over the centuries many people have been killed by other people USING guns, but there has never been one single documented case of a fire arm saying "That's it, this non cleaning SOB is going DOWN". ;D
Funny you said that, mine has been giving me the evil eye lately, something about never shooting it I guess. I hate it when they do that! :)
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The biggest problem is that a lot of the states resolutions are non-binding. In other words, do nothing legislation. Just like the Pelosi lead House.
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AGO,
Here is another good place to find your reps http://www.votesmart.org/search_zipcode.php?keyword=33714-3325
I would like someone like TomBogan (resident deep thinker) to distill a letter for us to send out.
Are you SURE about that ?
I'll try and find the post with the one I sent B Ho and you can think it over.
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Does anyone know what to search for to find these bills? I have tried every keyword I could think of and can't find the actual bills (I'm using govtracks.us). I was at a board meeting at my sportsman's club tonight, and this was brought up that it was recently submitted for my state (Michigan). I just wanted to locate this so I can read the bill text, and raise awareness to it within my local gun community.
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NH's is HCR 0006 I don't know other states off the top of my head but I will look into it and post what I find on this thread.
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AGO,
Here is another good place to find your reps http://www.votesmart.org/search_zipcode.php?keyword=33714-3325
I would like someone like TomBogan (resident deep thinker) to distill a letter for us to send out.
I found it. I sent this to the white house:
You claimed you supported the 2nd amendment, If so you should be pushing the "national right to carry legislation being proposed.
You criticized former President Bush because after 8 years fighting 2 wars he left us $1/2 trillion debt, how do you justify increasing that by 150% with less than 45 days in office. If you handled your personal finances the way you are handling the economy you would not be in the White house, you would be in the poorhouse.
You "promised" open, honest government, yet 4 of your Cabinet picks are guilty of tax evasions that would have landed "ordinary" citizens in jail. On the same subject, why are you afraid to debate Rush ? He represents the 48% who did not vote for you, don't you care about THEIR concerns ?
Personally I sincerely hope you will be s great a President as you claim, but neither I or the stock market are betting that way.
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CZShooter, this may help.I haven't found any of the bill numbers yet but these are the states to check.
Here are a list of states who have passed or proposed bills to affirm 10th Amendment rights. We need to continue to encourage the states to take more specific action because of the very real dangers. I’ll try to keep this list updated with links.
2009: Arkansas - 9th Amendment, 10th Amendment, Funding Issues
2009: Arizona - 9th Amendment, 10th Amendment
1994: California - 10th Amendment
1995/96: Georgia - 10th Amendment
2009: Georgia - 10th Amendment
2009: Kansas - 10th Amendment
1997/98: Louisiana - Sovereignty Constitutional Amendment
2009: Michigan - 10th Amendment
2009: Minnesota - 10th Amendment
2009: Missouri - Freedom of Choice Act (Abortion), 10th Amendment
2009: Montana - 9th Amendment, 10th Amendment, 2nd Amendment
2009: New Hampshire - 9th Amendment, 10th Amendment, Federal Reserve, Taxes, Martial Law, 2nd Amendment, Draft/War, Patriot Act, Labor Camps, 1st Amendment
2008: Oklahoma - 10th Amendment, (Other Legislation: No Child Left Behind, Real ID Act)
2009: Oklahoma - 9th Amendment, 10th Amendment, Funding Issues
2009: South Carolina - 9th Amendment, 10 Amendment, Martial Law and Related, 1st Amendment, 2nd Amendment
2009: Tennessee - 10th Amendment
2009: Texas - 9th Amendment, 10th Amendment, Funding Issues
2009: Utah - Real ID Act
2009: Washington - 10th Amendment
* Proposed: Alabama - 9th Amendment, 10th Amendment
* Proposed: Alaska
* 1994: Colorado - 10th Amendment
* 1995: Florida - 10th Amendment
* Proposed [HJM RS18517]: Idaho - 10th Amendment
* 2009: Indiana - 10th Amendment
* 2009: Iowa - 10th Amendment
* Proposed: Maine
* Proposed: Nevada
* Proposed: Ohio - 10th Amendment
* Proposed: Pennsylvania - 10th Amendment
* Proposed: Virginia - 10th Amendment
* Proposed: West Virginia - Same As New Hampshire
Republic of Lakotah - Full Independence
Hawaii - Full Independence
* Some are not verified with the actual state and may have not yet been proposed or passed in the state.
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Thanks, Tom. You are the man. ;D It is Michigan House Concurrent Resolution (HCR) 0009. Here's the text...I liked the wording of the second paragraph...
Rep. Opsommer offered the following concurrent resolution:
House Concurrent Resolution No. 9.
A concurrent resolution to reaffirm the right to bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens.
Whereas, Article I, Section 6 of the Michigan Constitution, clearly affirms a right to bear arms. This provision prescribes that the primary purpose of the right to bear arms is not related solely to hunting but clearly allows Michigan citizen’s to be able to protect one's self, family, and possessions from the private lawlessness of other persons or potential tyranny of governments; and
Whereas, There are also federalism provisions under the United States Constitution that prohibit the federal government from interfering with the right to bear arms within Michigan. The Tenth Amendment guarantees to the states and their people all powers not granted to the federal government elsewhere in the United States Constitution; and
Whereas, Article I, Section 8 of the United States Constitution provides the federal government with the power to regulate commerce. However, this provision only empowers the government to regulate commerce between states and cannot be used to impose regulations onto firearms beyond this scope or that are at cross-purposes with the Second Amendment; and
Whereas, Several new federal laws have been proposed that would overstep the bounds of both the Second Amendment, Michigan’s sovereign constitution, and its firearm laws; and
Whereas, It is not the intent of the Michigan Legislature to pass laws that would mandate the use of “coded,” “serialized,” or “chipped” ammunition, to create databases of such ammunition, or to outlaw the ability of people to hand load otherwise lawful ammunition. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would mandate the use of so called “smart gun” technology that wirelessly or otherwise authenticates and enables a firearm to be used by only one person. Furthermore, it is not the intent of the Michigan Legislature to allow for licensing schemes for the purchase of firearms that would mandate facial recognition, iris scans, fingerprinting, or other advanced biometric technology. Furthermore, it is not the intent of the Michigan Legislature to regulate the private transfer or sale of firearms beyond what is currently required by law. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would make firearm ownership or use dependent upon the purchase of personal insurance policies or other similar risk instruments. Furthermore, it is not the intent of the Michigan Legislature to prohibit firearm ownership to individuals based upon their reporting of the past use of pain killers or other medications for surgical recovery, dental procedures, and other legitimate medical purposes. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would infringe upon the ability of firearm owners to keep such weapons loaded and readily accessible within their homes, or that would allow for officials to inspect firearms within their homes without first obtaining a valid search warrant issued in conjunction with a lawful criminal investigation. It is however the intent of the Michigan Legislature to ensure that such firearm schemes are not imposed upon the citizens of Michigan by either the federal government or itself, and would view such infringements as violations of both the Second Amendment and the Michigan Constitution; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we reaffirm the right to bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens.
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, members of the Michigan congressional delegation, and the head of the Bureau of Alcohol, Tobacco, and Firearms.