Posts Tagged ‘states rights’

The Second Amendment is Coming Under Fire! Vote could occur as early as Wednesday

September 20, 2011
Earlier this month, we alerted you to the fact that Congress will have an opportunity to defund some of the anti-gun programs that the Obama Administration has foisted upon the American people.
Well, we are sorry to report that the congressional leadership is not yet listening to you. The House will soon be taking up H.J.Res. 79, which bundles all 12 appropriation bills to fund the federal government for the next month and a half.
According to GOA’s sources on Capitol Hill, this bill contains:
  • NO DEFUNDING of ObamaCare;
  • NO DEFUNDING of Operation Fast & Furious which was used to demonize American gun owners, while helping send arms to Mexican drug cartels;
  • NO DEFUNDING of requirements that will register American gun owners in the Southwest — regulations that were instituted by the Obama Administration as a way of deflecting attention from their involvement in Fast & Furious;
  • NO DEFUNDING of the shotgun and rifle import bans; and,
  • NO DEFUNDING of the Administration’s ability to engage in negotiations on an anti-gun small arms treaty.
ACTION: We need to redouble our efforts. Please use the pre-written letter to contact your congressman, and urge your friends and family to do the same. Time is of the essence!
Tell your Representative to stake out a position early and publicly that they will oppose any continuing resolution which does not defund ObamaCare, Fast & Furious, the illegal long gun multiple sales regs, the illegal shotgun and rifle bans, and the UN negotiations to produce a treaty which will register American gun owners.

When orders from HQ change… Enviro whacko’s and Texas fights back!

October 16, 2010

Texas is firing back after the Environmental Protection Agency announced that it would apply the 1970s clean air laws to carbon regulation and effectively seize permitting authority from states that don’t comply quickly enough. The Wall Street Journal reports, “Under the Clean Air Act, the EPA’s national office chooses priorities, but state regulators run the relevant programs and issue the necessary permits. When orders from HQ change, as with carbon over the last year, states get three years to revise their ‘implementation plans.’ But in August, [EPA Administrator Lisa] Jackson decided that the law posed too long a climate wait and decreed that if these plans aren’t updated by an arbitrary January 2011 deadline, her office will override the states and run the carbon permitting process itself.”

Given the EPA’s current lack of permitting resources, the Journal notes that this decision “is tantamount to a ban on major construction or building expansion — not merely Texan refineries but any kind of carbon-heavy utility, industrial production, manufacturing plant or even large office buildings.” Indeed, the Texas Commission on Environmental Quality projects that the new regulations will end 167 current projects in 2011 alone. In response to Jackson’s fiat, the Lone Star State has filed a lawsuit with the DC appeals circuit, arguing the EPA went “beyond [its] powers” and is asking for an emergency stay of the new regulations.

The EPA itself admits that its actions “may have adverse consequences for the economy.” Of course, we’ve seen how little “adverse consequences” mean to an administration convinced that when it comes to federal bureaucracy, bigger is always better.

SOURCE

Ron Micheli: Never quit, never surrender!

August 18, 2010

Well folks guess what? Even in Wyoming, yes, Wyoming! Political correctness reached out like a Copperhead… That, and the basic political machinery of our nation… There is a reason that I joined the Libertarian Party back in 1980… We need to break the back of the two party system. It is that simple folks. Sure, reform the Republicans, or even the Democrats. I don’t give a hoot what you call it…

I used to say that once in power that there was not a dimes worth of difference between the two parties. Guess what folks? I was wrong. (Typed / said with a stutter ala “The Fonz.”) I bitched at the Republicans spending like not just drunken, but stoned sailors… No, it’s not a dimes worth, it is in the trillions of dollars!

And, not to mention: While the Republicans threatened to use the Constitution as toilet paper? The Democrats have. At least the Bill of Rights!

Then, we have what happened in Wyoming, of all places..?

Keep your chin up, and hold your head high Ron. You fought the good fight.

Ron Micheli for governor endorsed by state sovereignty advocate

June 9, 2010

Ron Micheli has picked up the endorsement from former Sheriff Richard Mack a State Sovereignty Advocate.

This comes as most are starting to take notice of Micheli as a solid defender of State Sovereignty, specifically the Tenth Amendment to the U.S. Constitution.

According to a press release from the Micheli campaign-
“The reason I’m supporting Ron is that he understands the issues that really are pertinent to the state of Wyoming, and first and foremost is State sovereignty”
– Sheriff Richard Mack

To watch video of Sheriff Mack’s endorsement click here

SOURCE

Epic fail obama: Election year fight over AZ Law

April 24, 2010

As the impostor in chief continues his arrogant leadership methodology complete with the Mussolini chin angle the people of Arizona did what neither him, nor Bush, nor any President since Eisenhower has. That being to actually do something about illegal immigration.

Leftest response was immediate, and, as was to be expected the race card was pulled faster than a revolver from a town marshal’s holster in an old west movie gunfight. Next it will be the “it’s for the children” card and the “Constitutional” card… Uh, sorry, they played that card before I could finish typing! I simply find it nothing less than amazing. The hypocrisy of the left apparently truly does have no boundaries.

Let’s play this out a bit shall we? First, the obamanites know that they are going to get their collective butts kicked in the upcoming election if they cannot come up with something divisive that they can rally their troops around. After all, the backlash from the obviously un-Constitutional obamacare has stirred things up in the United States like nothing since the Viet Nam War. Indeed, I would submit that this is an extension of that. Just take a look at the players in the card game now.

So, now that the extremist’s branch of the Democrat Party are in power, and passing all sorts of things that have raised the ire of the American people they need something that will split them up  into factions that can be divided up piecemeal, and easily defeated. Then we will have four more years, at minimum, of not just “big government.” But overbearing, arrogant, better than thou types that will become the new American aristocracy.

They need to gamble. Hence the “Card Game” metaphor. The “cards” are all based upon fallacies of course. But they do raise populist anger to the degree that can,and will break the unity developed by the Tea Party and other similar groups. Divide and conquest. It is an old stratagem, and it works. The only question is how many cards to play before the opposition folds. After all, those other cards may be needed at a later time…

When to play a card? When you have no rational, logical, or ethical argument to present.

  • The Race Card: Always a good stand by, it can be played time and time again. Just find a new twist. In this, the instant situation? They will call going after those that flaunt our laws racial profiling. Never mind that the people that are coming here to do evil things to us fit a particular profile. Be that a muslin terrorist, or a member of organized crime.
  • The Constitutional Card: That card can only be played when it suits them. They are therefore claiming that questioning people about their legal status to be allowed to be in this country constitutes an illegal search. So be it. Having said that? Where the hell are they when it comes to our First Amendment Rights? The sheer vitriol from the left about the Town Hall meetings exposes them for what they are. The constant assault on our Second Amendment Rights further shows what a bunch of hypocrites they are when it comes to Constitutional rights. Just look at the back door gun control being pursued by Clinton at the U.N. Need I really continue?
  • “It’s for the children Card”: The twist on this card is that people come here from other nations. Then make babies, and according to our law, those baby’s are indeed American citizen’s. There is a legal theory that deals with poisoned fruit. That is fruit that has fallen from a poisoned tree. In other words, you can’t use evidence that was obtained illegally. If their children were born here as a direct result of the parents knowingly breaking our laws? Too bad, they are fruit from poisoned trees so to speak. Send them back to the countries of their parents origin along with the parents.

That is just a partial list of course… Not to mention that I didn’t list all the wonderful things that the illegals do when they get here. Like bring in drugs, guns that citizen’s are not allowed to own. Rape, murder, kidnap, and so on… Here are a few links to read so that you, the reader, will know more about the subject which I am writing about.

Story 1

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Wyoming Representative Allen Jaggi HB 95 firearms freedom act with “teeth”

February 11, 2010

Hot on the heels of Utah the Cowboy State looks to wrestle the steer that is the Federal Government. This is about States Rights, pure and simple!

STOLEN FROM

rep_allen_jaggi

HB 95 Wyoming Firearms Freedom Act -2

Don’t be confused by similar legislation, Miller HB 28 just doesn’t go far enough.

To see a comparison between HB 28 and HB 95  click here you will see Representative Jaggi (pronounced Ya-Gee) has introduced legislation with “real teeth”.

“As gun guy and someone that believes the federal government is out of control, I wanted to introduce legislation fitting to Wyoming” said Representative Allen Jaggi.

HB 95 Wyoming Firearm Freedom Act – 2 click here

This legislation is a combination of Alaska and New Hampshire’s Firearms Freedom Act containing both a penalties clause like New Hampshire as well as a defense clause like Alaska.

HB 95 has strong “Legislative findings and declarations of authority”. Also it amends the preemption to say “no other entity”, in essence backing up this legislation with law.

Email your legislator–
Place the following in subject line  – “YES on Jaggi HB 95 Firearms Freedom Act-2″

Join WyGO Today – Wyoming’s Fastest Growing Gun Rights Organization

10th Amendment on steroids

February 11, 2010

The state of Utah isn’t passing toothless resolutions they are taking on the federal Government over states rights with a vengeance. I must say that several others have similar things on the board, however, the Utah position appears to be a no holds barred, knees and elbows approach to a fight that everyone knows will be coming.

Read on

SALT LAKE CITY — Guns made and kept in Utah would be exempt from federal regulations under a measure passed by the Utah Legislature Wednesday, despite concerns over an expensive legal fight at a time when the budget is already stretched thin.

Senate Bill 11 was passed by the Utah House 56-17.

The proposal mirrors one Montana signed into law last year that’s intended to trigger a federal court battle. The measures would allow guns made in the respective states to be exempt from federal gun registration rules like background checks and dealer-licensing.

The goal is to circumvent federal authority over interstate commerce, the legal basis for most gun regulation in the U.S.

In the process, it could lead to small arms dealers in the state operating with little to no oversight.

Sen. Margaret Dayton, an Orem Republican, has said her bill is part of a broader effort to send a message to Congress that the federal government is overstepping its bounds.

Rep. Stephen Sandstrom, R-Orem, said the bill isn’t just about guns. It’s also about state’s rights, he said.

The House sponsor of the proposal, Sandstrom said other states have similar bills in the works and he’s been speaking with legislators across the nation who are actively involved.

The bill now goes to Utah Gov. Gary Herbert. Spokeswoman Angie Welling said Herbert supports legislative efforts to reaffirm states’ rights, but is concerned about the possible legal costs that would go with constitutional challenges.

Full Story

States Rights: 10th Amendment Primer

August 10, 2009

Not since the rebellion in America was quashed in 1865 with the surrender of Robert E. Lee to Ulysses S. Grant has so much attention been paid to state sovereignty as is being paid today.

More than 35 states have passed or are considering state sovereignty amendments, according to the Tenth Amendment Center. Just before leaving office, Alaska Gov. Sarah Palin signed a bill declaring that state’s sovereignty, joining Tennessee Gov. Phil Bresdesen in that regard.

States are finally becoming fed up with the increasingly dangerous non-Constitutional overreach of the Federal Government, and State Legislatures are working to stop it.

Unfortunately, many of today’s voting-age Americans have never even read the U.S. Constitution. Apparently, most civics classes in public schools today dwell on other things. So far too many people have no clue how far their government has overreached and taken away their liberty.

But here’s the truth: the Constitution gives the three branches of government certain enumerated powers. Those not enumerated are reserved to the states, and to the people.

The 10th Amendment describes it: “The powers not delegated to the United States by the Constitution, or prohibited by it to the States, are reserved to the States respectively, or to the people.”

Yet despite that, since the Southern states were prohibited from removing themselves from an alliance that no longer worked in their favor—an alliance they entered into voluntarily—the U.S. government has grown increasingly more powerful. It could do so because the last remaining restraints on its power—the option that states had to leave the union—had been eliminated.

Here’s what has transpired since: During reconstruction the Republican Party centralized government, subsidized railroads, raised taxes on Southern property and businesses—then confiscated the property when taxes couldn’t be paid—and established an education system that taught a revisionist history of the run-up to and causes of the war (and the government-run education system continues this today). Congress also continued the first income tax—an unconstitutional act—that had been implemented by Pres. Abraham Lincoln.

In 1917 Congress established the Federal Reserve, a non-Constitutional entity with the power to control the U.S. money supply. In the 1930s, in response to The Great Depression, President Franklin Roosevelt pushed through New Deal provisions that further empowered the Federal Government while enriching certain constituencies. And now, in response to the global financial crisis, first President George W. Bush then President Barack Obama pushed through extra-constitutional spending bills. Obama then compounded the problems by nationalizing the financial and automobile markets; an action, again, that benefitted certain constituencies.

And now the Federal Government is proposing an even further overreach by attempting to enact legislation to cap carbon dioxide emissions and tax energy companies that exceed arbitrarily set limits of the element, and to restrict your access to adequate healthcare.

It seems from the mood of many in our country we may have reached a tipping point as a result of these latest actions. Radio talk shows are alive with voices proposing—demanding even—that America return to the Constitutional roots. Protests denouncing the growing government are increasing in frequency and support.

Unfortunately, many in America still don’t understand what all the hubbub is about. So, to help them understand, here are 10 talking points from the Tenth Amendment Center:

  1. The People created the federal government to be their agent for certain enumerated purposes only. The Constitutional ratifying structure was created so it would be clear that it was the People, and not the States, that were doing the ratifying.
  2. The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the Federal Government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States. The rest is to be handled by the State Governments, or locally, by the people themselves.
  3. The Constitution does not include a congressional power to override state laws. It does not give the judicial branch unlimited jurisdiction over all matters. It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.
  4. If the Congress had been intended to carry out anything they claim would promote the “general welfare,” what would be the point of listing its specific powers in Article I, Section 8, since these would’ve already been covered?
  5. James Madison, during the Constitutional ratification process, drafted the “Virginia Plan” to give Congress general legislative authority and to empower the national judiciary to hear any case that might cause friction among the states, to give the congress a veto over state laws, to empower the national government to use the military against the states, and to eliminate the states’ accustomed role in selecting members of Congress. Each one of these proposals was soundly defeated. In fact, Madison made many more attempts to authorize a national veto over state laws, and these were repeatedly defeated as well.
  6. The Tenth Amendment was adopted after the Constitutional ratification process to emphasize the fact that the states remained individual and unique sovereignties; that they were empowered in areas that the Constitution did not delegate to the Federal Government. With this in mind, any Federal attempt to legislate beyond the Constitutional limits of Congress’ authority is a(n) usurpation of state sovereignty—and unconstitutional.
  7. Tragically, the Tenth Amendment has become almost a nullity at this point in our history, but there are a great many reasons to bring it to the forefront. Most importantly, though, we must keep in mind that the Founders envisioned a loose confederation of states—not a one-size-fits-all solution for everything that could arise. Why? The simple answer lies in the fact that they had just escaped the tyranny of a king who thought he knew best how to govern everything—including local colonies from across an ocean.
  8. Governments and political leaders are best held accountable to the will of the people when government is local. Second, the people of a state know what is best for them; they do not need bureaucrats, potentially thousands of miles away, governing their lives. Think about it. If Hitler had ruled just Berlin and Stalin had ruled just Moscow, the whole world might be a different place today.
  9. A constitution which does not provide strict limits is just the thing any government would be thrilled to have, for, as Lord Acton once said, “Power tends to corrupt, and absolute power corrupts absolutely.”
  10. We agree with historian Kevin Gutzman, who has said that those who would give us a “living” Constitution are actually giving us a dead one, since such a thing is completely unable to protect us against the encroachments of government power.

If you want to first halt then reverse the tide of government overreach, pass these points around to your friends and send them to your state and U.S. representatives.

SOURCE

The smell of napalm in the morning..?

May 21, 2009

No, not quite, but still a victory for freedom and liberty despite some whining from those that we expect that sort of behavior from…

Victory at Last
— National Park Service Gun Ban Repealed!

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

“Gun Owners of America was the most consistent and loudest voice on
Capitol Hill in support of the effort to repeal the National Park
Service gun ban.” — Sen. Tom Coburn (R-OK)

Wednesday, May 20, 2009

Good news!

The U.S. House of Representatives passed a bill today that included an
amendment to repeal the gun ban on National Park Service (NPS) land and
wildlife refuges.

The amendment, sponsored by Senator Tom Coburn (R-OK) and attached to a
credit card industry reform bill, passed the House overwhelmingly by a
vote of 279-147.

For decades, law-abiding citizens have been prohibited from exercising
their Second Amendment rights on NPS land and wildlife refuges, even if
the state in which the land is located allows carrying firearms.

With some limited exceptions for hunting, the only way to legally
possess a firearm anywhere in a national park is by having it unloaded
and inaccessible, such as locked up in an automobile trunk. A Bush
administration regulation partially reversed the ban, but that action
was singlehandedly negated recently by an activist judge in Washington,
D.C. The Department of Interior decided not to appeal that ruling.

Senator Coburn believes, like you do, that Americans should not be
forced to sacrifice their Second Amendment rights when entering NPS land
and wildlife refuges.

GOA worked with Coburn on an amendment that simply allows for state and
local laws — instead of unelected bureaucrats and anti gun activist
judges — to govern firearm possession on these lands.

The anti-gun leadership in both the House and Senate went berserk and
fought to keep the Coburn amendment from being attached to the
underlying bill. Sparks were flying on the floor of the House of
Representatives today.

Anti-gun Rep. Carolyn McCarthy (D-NY) whined that a “very
good” credit
card bill had been “hijacked” by the Coburn amendment. To
this, Rep.
Rob Bishop (R-UT) pointed out that gun control is the policy of tyrants,
as evidenced by the British attempt to confiscate firearms at Lexington
and Concord in 1775.

Congressional leaders and entrenched bureaucrats have fought GOA over
the NPS gun ban for the past eight years.

But your activism has finally broken through. The late Senator Everett
Dirksen said, “When I feel the heat, I see the light!” Well,
you have
applied a lot of heat. Members of Congress know that they oppose your
Second Amendment rights at their own peril.

As it stands today, both houses of Congress have now passed the Coburn
amendment — and President Obama is expected to sign the provision into
law (only because it is part of a larger credit card bill that he really
wants).

So, congratulate yourself for winning this long, hard battle. GOA was
the leading, and often only, national gun group involved in this fight.
You involvement was absolutely vital to achieving this win.

Of course, many more battles lie ahead. President Obama continues to
push for the Senate to ratify massive international gun control
treaties. There is a battle over a Supreme Court nominee coming up.
Anti-gun zealots in Congress are aggressively pushing to renew the
Clinton gun ban and close down gun shows.

And as the health care debate picks up steam in the coming weeks and
months, GOA is battling efforts to create a computerized national
healthcare database. Such a database can be used to deny people their
Second Amendment rights in the same way that so many veterans have lost
their gun rights based only on the diagnoses of a doctor for things like
combat-related stress.

GOA will be calling for action on these and other Second Amendment
issues as they move through Congress.

In the meantime, have a safe Memorial Day as we remember those who gave
the ultimate sacrifice so that America would remain “Land of the
Free.”

****************************

What’s Your Current GOA Status?

Obviously, we now face years of invigorated attacks on our gun rights.
Shutting down gun shows, prohibitions on specific calibers, another
semi-auto ban, and the anti-gun extremists’ Holy Grail of mandatory
federal licensing and registration of all gun owners — these are just
some of the horrors that we already know we’ll have to defeat head-on.
Meanwhile, we’ll take every opportunity to go on offense and advance the
Second Amendment.

It can’t be done without every single voice being counted. That’s why we
are asking you to consider making the commitment of becoming a Gun
Owners of America Life Member. By doing so, you put the politicians on
notice that neither you nor GOA is going away — that no matter who’s in
the White House, there is always going to be a solid wall of resistance.

Now is a perfect time to become a Life Member. And if you aren’t a GOA
member at all, isn’t it time you became one?

States Rebellion Pending

April 5, 2009

This article from the Patriot Post (see sidebar) points out what many blogs have been posting about for months.

States Rebellion Pending

By Walter E. Williams

Our Colonial ancestors petitioned and pleaded with King George III to get his boot off their necks. He ignored their pleas, and in 1776, they rightfully declared unilateral independence and went to war. Today it’s the same story except Congress is the one usurping the rights of the people and the states, making King George’s actions look mild in comparison. Our constitutional ignorance — perhaps contempt, coupled with the fact that we’ve become a nation of wimps, sissies and supplicants — has made us easy prey for Washington’s tyrannical forces. But that might be changing a bit. There are rumblings of a long overdue re-emergence of Americans’ characteristic spirit of rebellion.

Eight state legislatures have introduced resolutions declaring state sovereignty under the Ninth and 10th amendments to the U.S. Constitution; they include Arizona, Hawaii, Montana, Michigan, Missouri, New Hampshire, Oklahoma and Washington. There’s speculation that they will be joined by Alaska, Alabama, Arkansas, California, Colorado, Georgia, Idaho, Indiana, Kansas, Nevada, Maine and Pennsylvania.

You might ask, “Isn’t the 10th Amendment that no-good states’ rights amendment that Dixie governors, such as George Wallace and Orval Faubus, used to thwart school desegregation and black civil rights?” That’s the kind of constitutional disrespect and ignorance that big-government proponents, whether they’re liberals or conservatives, want you to have. The reason is that they want Washington to have total control over our lives. The Founders tried to limit that power with the 10th Amendment, which reads: “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.”

New Hampshire’s 10th Amendment resolution typifies others and, in part, reads: “That the several States composing the United States of America, are not united on the principle of unlimited submission to their General (federal) Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.” Put simply, these 10th Amendment resolutions insist that the states and their people are the masters and that Congress and the White House are the servants. Put yet another way, Washington is a creature of the states, not the other way around.

Congress and the White House will laugh off these state resolutions. State legislatures must take measures that put some teeth into their 10th Amendment resolutions. Congress will simply threaten a state, for example, with a cutoff of highway construction funds if it doesn’t obey a congressional mandate, such as those that require seat belt laws or that lower the legal blood-alcohol level to .08 for drivers. States might take a lead explored by Colorado.

In 1994, the Colorado Legislature passed a 10th Amendment resolution and later introduced a bill titled “State Sovereignty Act.” Had the State Sovereignty Act passed both houses of the legislature, it would have required all people liable for any federal tax that’s a component of the highway users fund, such as a gasoline tax, to remit those taxes directly to the Colorado Department of Revenue. The money would have been deposited in an escrow account called the “Federal Tax Fund” and remitted monthly to the IRS, along with a list of payees and respective amounts paid. If Congress imposed sanctions on Colorado for failure to obey an unconstitutional mandate and penalized the state by withholding funds due, say $5 million for highway construction, the State Sovereignty Act would have prohibited the state treasurer from remitting any funds in the escrow account to the IRS. Instead, Colorado would have imposed a $5 million surcharge on the Federal Tax Fund account to continue the highway construction.

The eight state legislatures that have enacted 10th Amendment resolutions deserve our praise, but their next step is to give them teeth.


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