Archive for the ‘U.S. States Declaring Sovereignty’ Category

Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights

July 25, 2009

sotomayor2

 

Tom Remington
Black Bear Blog
July 24, 2009

 

The several states are lining up to reclaim their sovereignty and telling the federal government to butt out. This is being done in myriad ways but all are related in that most claim that the Tenth Amendment protects the states from federal tyranny. States are passing resolutions, memorials and two states have passed laws and they intend to apply those laws for their citizens. The two states are Montana and Tennessee.

It was expected that at some point these laws would be challenged and it appears actions to do such has begun. The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives has published open letters to federal firearms license holders in  Montanaand  Tennessee explaining that

federal law trumps state law when it comes to gun laws.

 

“As you may know, federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain with the same state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunition have crossed state lines.

In a report filed by CBS News, it seems to indicate that even though these states are claiming sovereignty under the Tenth Amendment, the Federal Government may have power over such gun laws as the Firearms Freedom Act, via the Commerce Clause.

Read literally, the Tenth Amendment seems to suggest that the federal government’s powers are limited only to what it has been “delegated,” and the U.S. Supreme Court in 1918 confirmed that the amendment “carefully reserved” some authority “to the states.” That view is echoed by statements made at the time the Constitution was adopted; New Hampshire explicitly said that states kept “all powers not expressly and particularly delegated” to the federal government.

More recently, federal courts have interpreted the Tenth Amendment narrowly, in a way that justifies almost any law on grounds that it intends to regulate interstate commerce.

World Net Daily points out in an article of their own that the Montana Firearms Freedom Act bill declares that Congress has not “expressly pre-empted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition”.

I have been saying for some time that all of this will eventually wend its way through the courts ultimately landing at the feet of the United States Supreme Court. This is one reason the approval of Sonia Sotomayor as a Supreme Court justice is vitally important, especially due to the fact that she is anti Second Amendment and has shown little regard for the original intent of the Constitution.

Also at issue in this debate are pending lawsuits challenging gun laws in other states. Chicago’s gun ban is being challenged after the District of Columbia vs. Heller decision reaffirming an individual right to keep and bear arms. The Seventh Circuit Court of Appeals has ruled that federal gun laws do not pertain to the states, a position taken by Sotomayor.

This is an interesting ruling considering that prior to this the Ninth Circuit Court ruled that the Fourteenth Amendment’s Due Process Clause incorporates the Second Amendment and therefore federal law, which now holds the ruling of theDistrict of Columbia vs. Heller decision, applies to the states rendering them unable to create gun laws that supersede federal laws. This will end up at the Supreme Court.

 

While we are discussing the Fourteenth Amendment, the Second Amendment and Ninth and Tenth, the BATFE is sending out public letters, assumed to be authorized by the Obama administration, to federal firearms dealers in Montana and Tennessee, stating that federal law supersedes state laws, at least as they pertain to firearms and ammunition.

Where will this all end up? I believe the Supreme Court but I know not how long this may take. In the meantime, the Obama administration, made up of mostly anti-gun people, are grasping to gain control over your right to keep and bear arms. From the day Obama was elected, the people rushed to stores buying up guns and ammunition at unprecedented rates. With the combination of a new president and staff known to want to ban gun and gun sales and the District of Columbia vs. Heller ruling, it has helped spur more laws to relax gun restrictions. This, I am positive, angers the Obama administration.

None of this comes as a surprise to Gary Marbut, President of the Montana Shooting Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected.

1) The letters are addressed only to FFLs and purport to assert authority only over those licensees already under the federal thumb because of their licenses. We’ve always assumed that people with existing FFLs would not be players in the state-made guns exercise because they will not wish to risk thwarting the earned reputation the BATFE has for vindictiveness. The letters are not addressed to non-FFLs, those folks who are potential participants in the state-made guns business.

2) The BATFE letters may lack any official import because they are not signed by the official who appears in the signature block, but by some unknown other person. It’s difficult to place much credence in a missive upon which the purported issuing person is unwilling to put his signature, and for which the signer is unknown.

3) The essence of the letter is a declaration that the laws that the BATFE enforces supercede the U.S. Constitution and the Tenth

Amendment. I understand that the BATFE hopes that is so, but that’s far from proven yet. (We still recommend that nobody make these state-made guns until we can litigate and vet the principles involved.)

 

4) The letters, if they are official even though unsigned by the issuer, will help us establish standing to get this issue squarely before the federal courts. The feds have thrown down the gauntlet.

I like Montana’s approach to their action in the creation of their Firearms Freedom Act. They are proactively seeking to bring this issue to the courts for a ruling. They believe in their own state’s constitution and that they, according to their contract with the people and the United States Government, have the sovereignty and freedom under the U.S. Constitution, to make their own laws in matters such as this.

This will be a long and drawn out affair but one that is ripe for a good battle. Let’s hope this battle arrives before Obama can stack the Supreme Court with more anti-gun “empathetic” justices.

 

http://www.infowars.com/obama-administration-begins-opposition-to-states-claiming-sovereignty-and-gun-rights/

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HCR, the State Sovereignty bill has passed for Texas!

June 2, 2009

3447725479_97ca30e52c

05/31/2009 S Received from the House
 
  Introduced
Affirming that the State of Texas claims 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 U.S. Constitution, serving notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.

 

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HCR50

Shed some light on the Fed: Support HR 1207

April 20, 2009

(Fuck Yeah) Sovereignty Resolution introduced in Minnesota House of Representatives

February 22, 2009

FIND THE  TRUTH AT:

www.thetruthorthefight.com

www.thetruthorthefight.com

www.thetruthorthefight.com

ak-47

“Heres another state who’s had enough of our out of control federal government. Thats 10 total I think?  Very, very promising stuff here.”

-F.F.

https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0997.0.html&session=ls86

FIND THE  TRUTH AT:

www.thetruthorthefight.com

www.thetruthorthefight.com

www.thetruthorthefight.com

Fuck Yeah… HCR 50 ‘Introduced’ into Texas Legislature declaring Sovereignty

February 19, 2009

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On February 17th 2009 Representatives Brandon Creighton, Brian Hughes, and Leo Berman introduced HCR 50 into the 81st Legislature of the Texas Government.

 
 
Caption Text: Affirming that the State of Texas claims 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 U.S. Constitution, serving notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.
Please take a moment to email the Representatives and thank them for introducing this bill.
 
 
 
 
 
Next, contact your Representative and tell them you support this as well. You can search for your Representative at this link by zip code –http://www.fyi.legis.state.tx.us/zip.aspx
 
Most will have a email contact form for you to complete when you click on their name. Here is a template you can copy and paste into the Message Box if interested or you can write your own.
 
 
I support Texas reasserting it’s rights under the 10th Amendment of the US Constitution. Please support HCR 50 introduced February 17, 2009 by Representatives Creighton, Hughes, and Berman. Many other states have introduced similar legislation including Oklahoma, Arizona, Hawaii, New Hampshire, and Washington. Many of us believe that our gun rights are at stake, martial law is an eminent threat, and the Real ID is unconstitutional. Please support this bill and get it passed into the Texas Legislature.
 
 
The Text of HCR 50:
 
 H.C.R. No. 50

CONCURRENT RESOLUTION

WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows:  “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”; and
 
WHEREAS, The Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
 
WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
 
WHEREAS, Today, in 2009, the states are demonstrably treated as agents of the federal government; and
 
WHEREAS, Many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and
 
WHEREAS, The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
 
WHEREAS, Section 4, Article IV, of the Constitution says, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment states that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and
 
WHEREAS, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that congress may not simply commandeer the legislative and regulatory processes of the states; and
 
WHEREAS, A number of proposals from previous administrations and some now pending from the present administration and from congress may further violate the Constitution of the United States; now, therefore, be it
 

RESOLVED, That the 81st Legislature of the State of Texas hereby claim 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 Constitution of the United States; and, be it further

RESOLVED, That this serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and, be it further
 
RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed; and, be it further
 

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.


Get On Board & Start Making Some “Real” Change

February 17, 2009

February 12, 2009

Dear Friend of Liberty,

I hope you share my firm conviction that our fight is just beginning!

You’ve stood alongside me in our battles for Liberty and the Constitution before.  Now, an even bigger threat – and an even bigger opportunity – is upon us.

Please read the enclosed letter from Campaign for Liberty’s President, John Tate.  John isn’t just a friend of mine.  He’s also someone who worked side by side with me in the Revolution as my National Political Director.  Now he’s agreed to take up the fight in a way I cannot – by leading the Revolution on the outside, while I return to Congress.

In Liberty,
      

Congressman Ron Paul

 


FROM THE DESK OF:
John F. Tate, President
Campaign For Liberty

 

Dear Patriot,

Please take a moment to fill out the Campaign for Liberty Membership Ballot.

It’s important you do so at once.

Barack Obama, Nancy Pelosi, Harry Reid, and Ben Bernanke are all hoping you don’t.  They’re counting on you and me to sit on the sidelines and lick our wounds from last year.

Well, I for one intend to fight.

And since you are a supporter of Ron Paul and his Campaign for Liberty, I’m confident you’re ready for the brutal battles ahead as the forces of tyranny stand ready to take away more and more of our freedoms – if you and I don’t act today.

Make no mistake, the fight begins NOW.

If you and I don’t act today, the first 100 days of the Obama Administration could well be an even bigger disaster for freedom-loving proponents of constitutional government than were the last 8 years.
 
Already we have seen the type of assaults on limited government Barack Obama has in mind.  He wasted no time in pushing forward the one TRILLION DOLLAR boondoggle he cunningly packaged as a “Stimulus Plan.”
 
And if the new Administration and their allies get their way, this will be just the tip of the iceberg.
 
And that’s not all. You and I are up against:

*** More government bailouts – for the auto industry, for more banks and financial institutions – and who knows how many others.  What we can be certain of is more and more of our tax dollars are being flushed away each and every day.

*** Continued FED secrecy and practices that devalue our currency and create bubbles, malinvestment, and the volatile business cycle.

*** Expansion of federal powers under the Homeland Security Department and Patriot Act to position government to suspend your freedom at will.

*** Huge new federal bureaucracies staffed with freedom-taking enemies, intent on doing Big Government’s bidding.

*** A new Obama plan for mandatory federal service, forcing America’s young people into his “Army” of government workers.

And that’s just the beginning.

With so much at stake in the coming months, and so much to fight back against, it’s critical I have two things from you today.

First, your advice. 

It is important that you share your thoughts and input with us on our Membership Ballot by following this link:

https://www.campaignforliberty.com/membershipballot.php

Secondly, it’s vital that the Revolution have your continued financial support as well.

You see, you and I are going to face some tough decisions in the near future.  I may well have to decide which bills to fight and which we can’t afford to do battle over!

That’s why it’s vital your advice – and your support – come to Campaign for Liberty right away.
 
You and I have some work to do.  And we must start today.  This hour.  This minute.

You know you can count on Ron Paul and Campaign for Liberty to fight when no one else will. 

That is why Campaign for Liberty was established: to fight for common-sense principles such as freedom and limited government, and to reinsert these ideals into the American political conversation when others falter.

Campaign for Liberty, born out of Ron Paul’s decades-long crusade for Freedom everywhere, is the only vehicle committed to fighting the tyranny of BOTH parties in Washington, DC.

There’s no doubt that you and I are in a battle right now for the survival of our nation and its constitutional form of government.   There’s so much at stake this year – and so much out there to fight.  It can all seem very overwhelming at times.

But if you and I don’t lead the fight, who will?

Who will stand for our Constitution?

Who will lead the charge to take back our freedom?

Who will stand up to Barack Obama’s big government philosophy?

Ron Paul’s Campaign for Liberty is the ONLY nationwide organization, beholden to NEITHER party, that can do just that.

In fact, we are already mobilizing the grassroots supporters of Liberty for this battle.

But we have much work to do.

If Campaign for Liberty can raise the necessary funds, we will fight on each and every one of these vital issues this year

– Fighting to preserve our freedom and Constitution.

– Opposing more government bailouts and stimulus packages.

– Fighting to stop Congress’ automatic pay raise scheduled for 2010.

– Passing legislation forcing a full audit of the Federal Reserve as we work toward eliminating that institution and restoring our money to being backed by more than just the assurances of bureaucrats.

– Strongly defending the Second Amendment from the many attacks to come.

– Protecting workers’ rights from the coercive power of Big Labor, Big Government, and Big Business.

– Working to end a foreign policy that has our troops stretched beyond the breaking point, leaving America more vulnerable.

– Promoting legislation to restore national sovereignty by cutting our ties with, and ultimately getting the U.S. out of, the U.N.

– And so much more ….

There are many crucial decisions to be made in the days and weeks ahead.  Our goal is to fight each and every one of these battles, and I hope you’ll help me do just that.

You see, as an organization that stands on principle, we cannot demand fiscal responsibility while behaving recklessly ourselves.  So unlike the Federal Government, we are unwilling to go into debt to finance our operations.  It is only with your loyal support that Campaign for Liberty can hope to fight and win these many battles before us. 

If you can help us financially in any way, please do.  Every donation, even $25 or $50, will make a difference.  And if you can afford a larger donation — $250, $500, or even more — it will go a very long way toward restoring freedom. 

But first it is vital I have your advice on where and when to fight.  That’s why I’m asking you to fill out our Membership Ballot along with your donation.

https://www.campaignforliberty.com/membershipballot.php

Our country is ailing.  That is the bad news.  The good news is that the remedy is simple: return to the principles of our Founders.

Respect for the Constitution, the rule of law, individual liberty, sound money, and a noninterventionist foreign policy constitute the foundation of Campaign for Liberty.

Join the fight today by filling out a Membership Ballot and continuing your support of Campaign for Liberty.

We are reliant on the generosity of our fellow patriots to succeed in this important struggle.  After helping by sharing yourinput, please help us further by making a generous contribution of $250, $100, $50, or whatever you can afford.

Our Founders prevailed in their Revolution due to their unshakable resolve and unerring faith in the principles now championed by Campaign for Liberty. 

With your help, we too can beat back the forces of Big Government, reclaim our Republic, and restore respect for our Constitution.



In Liberty,

John F. Tate
President
 

PS:  With more government bailouts, trillion dollar “stimulus” packages, and nearly daily threats to our liberty on the agenda this year, it’s vital your Campaign for Liberty fight back today – before we see the total destruction of the U.S. dollar.

Please share your thoughts on how best to win these battles by clicking here.  Campaign for Liberty relies on the input and financial support of freedom-loving Americans for our continued success. 

If you can afford it, please join our fight for freedom and donate $250, $100, or $50 today!

Individual rights protected by the state are non-negotiable says, Rep. Dan Itse

February 17, 2009

 

By: George @ 1: 31 PM – EST

Glenn Beck interviews New Hampshire representative Dan Itse on the issue of state sovereignty and New Hampshire’s new bill stating sovereignty from the federal government under the U.S. Constitution. This movement has sparked other states to work toward declaring sovereignty from the federal government.

These issues are non-negotiable says Rep. Dan Itse:

  • Declaring martial law without the consent of the state government.
  • Further encroachments on the Right to Bear Arms.
  • Involuntary servitude of 18 to 24 year olds.

“This isn’t about withdrawing from the union. The happiest resolution of this resolution would be a renewed union within the confines of The Constitution.” Rep. Itse continues,  “But if the general government nullifies The Constitution. How to you withdraw from something that doesn’t exist?”

Video: CNN’s Glen Beck with New Hampshire state rep. Dan Itse

http://www.dailynewscaster.com/2009/02/16/individual-rights-protected-by-the-state-are-non-negotiable-says-rep-dan-itse/

Ron Paul Supporters Lead Fight to Restore State Sovereignty in Oklahoma

February 16, 2009

February 13, 2009

Dear Friend of Liberty,

Please take a moment to read the following report from C4L Interim State Coordinator Kirk Shelley regarding recent action in the Oklahoma legislature to uphold the state’s sovereignty under the Constitution’s Tenth Amendment.

Similar action is being taken all over the country, as resistance to the federal government’s continual intrusion into our lives grows.  I urge all our Oklahoma members to immediately contact their state representatives in support of final passage for House Joint Resolution 1003.  More details are included in this report.

If you are in a state where such a resolution has not been introduced, contact your state legislators today and tell them to stand up for your state’s sovereignty. 

 

In Liberty,

John Tate

President, Campaign for Liberty

 

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

Paul Supporters Lead Fight to Restore State Sovereignty in Oklahoma

“State House to consider historic bill to take back state’s rights under the 10th Amendment to the Constitution”

Oklahoma CityFor far too long, the 10th Amendment to the U.S. Constitution has been known as the forgotten amendment.   With power grab after power grab, Congress has slowly eroded the rights of states to keep powers not specifically granted to the federal government.

As more and more citizens and state legislators across the country begin to realize that this loss of states rights is at the core of many of our nation’s problems, those legislators have set out to stop the out of control Congress and restore some sense of sanity and constitutional protections to the individual states.

On February 11th, Oklahoma became the first state to act on legislation to do just that.  This action was directly brought about by a Ron Paul supporter, and it is Campaign for Liberty members that will see this battle all the way through.

You see, the 10th Amendment in our nation’s Bill of Rights has long been despised by our big government foes.  That amendment was drafted to enshrine in the Constitution what the Founders and the original states already knew: any power not expressly given to the federal government is kept by the states and the people.  Although a lot of freedom-minded individuals have long fought for full compliance with this amendment in modern times, there has been a void of leadership and a lack of focused action – until now.

That void has been filled by the formation of Campaign for Liberty, which was born from Ron Paul’s galvanizing 2008 Presidential campaign.

Campaign for Liberty is fighting in state legislatures across the country and in Congress to preserve and restore constitutional rights to all citizens, to subdue an out of control federal government, and to win back our lost freedom.

The fight in Oklahoma is a great example of the kind of battles we face in the next stages of the Ron Paul Revolution.

With the support of Dr. Paul’s activists throughout the state, the Oklahoma legislature has taken up a vital bill to put Congress in its place and to remind it that there are limits to federal power.

This past Wednesday, the Oklahoma House Rules Committee unanimously supported House Joint Resolution 1003 (http://webserver1.lsb.state.ok.us/2009-10HB/HJR1003_int.rtf), which expresses the sovereignty of the State of Oklahoma and clearly calls for an end to unconstitutional federal government mandates.

Representative Charles Key (R-Oklahoma City), the sponsor of this bill, has spearheaded a national movement to put the federal government on notice that the separate states are sick and tired of having their actions dictated by Washington, D.C.

Rep. Charles Key is a supporter of Dr. Paul – in fact, he was the first elected official in Oklahoma to endorse Ron Paul’s candidacy for President (http://www.youtube.com/watch?v=aa5sCO-3ly0) because of Dr. Paul’s strong support for the US Constitution.

Oklahoma IS an example of how the R3volution is leading the battle to restore constitutional rights and freedoms to our citizens.  The fight to reclaim our Republic and restore our Constitution is just beginning, and, with the continued efforts of Campaign for Liberty members all across the country, it is a fight that we can and will win.

 

Kirk Shelley

Oklahoma Interim State Coordinator, Campaign for Liberty

2008 State Coordinator, Ron Paul for President

P.S. If you live in Oklahoma, please contact your State House representatives and senators immediately.  You can find their contact information here: http://www.capitolconnect.com/oklahoma/default.aspx

KAA-BOOM

February 12, 2009

american_militias_minuteman_patch_2

“10 States declaring Sovereignty 11 others consider the same because our Federal Government is out of control. This is great fuckin’ news even if you have no idea of the world around you. Lucky for you, your state officials are actually doing their job… protecting the noodle heads who voted for them. It’s just a start though. We must keep on keepin!”

-F.F. 2/11/09

 

 

Washington 

http://apps.leg.wa.gov/billinfo/summary.aspx?year=2009&bill=4009 

New Hampshire 
http://www.gencourt.state.nh.us/legislation/2009/HCR0006.html 

Arizona 
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/bills/hcr2024p.htm 

Montana 
http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm 

Michigan 
http://legislature.mi.gov/doc.aspx?2009-HCR-0004 

Missouri 
http://www.house.mo.gov/content.aspx?info=/bills091/bills/HR212.HTM 

Oklahoma 
http://axiomamuse.wordpress.com/2009/01/07/state-legislator-charles-key-wants-to-limit-federal-power 

California 
http://www.leginfo.ca.gov/pub/93-94/bill/sen/sb_0001-0050/sjr_44_bill_940829_chaptered 

Georgia 
http://www.legis.state.ga.us/legis/1995_96/leg/fulltext/sr308.htm 

11 other states now considering the same. 
AL, AK, AR, CO, ID, IN, KS, ME, NV, PA, TX 

 

Larry Pratt-GOA