Tenth Amendment Remembered

...from Tenth Amendment Center BATON ROUGE , La. (May 31, 2017) – Today, the Louisiana Senate gave final approval to a bill that would expand the state’s Right to Try law to include technology designed to help ALS patients with mobility. If signed by the governor, the legislation will set the foundation to nullify in practice a Food and Drug Administration (FDA) rule that currently denies these patients’ access to this specific technology. Rep. Julie Stokes (R-Kenner) and two cosponsors introduced House Bill 179 ( HB179 ) in March. The legislation would expand the Louisiana Right to Try law to include robotic technology that assists patients suffering from terminal degenerative muscular diseases with mobility. The bill is specifically meant to allow ALS patients in the state to access EyeDrive technology that allows them to maneuver a wheelchair using eye movements. The technology is currently unavailable because it is still in the FDA trial phase. The Senate passed HB179 by ...

...from Tenth Amendment Center SACRAMENTO , Calif. (May 31, 2017) –  Today, the California Senate passed a bill that would require all law enforcement agencies in the state to get local government approval before acquiring or using surveillance technology. Passage of the bill would take the first step toward limiting the unchecked use of surveillance technologies that violate basic privacy rights and feed into a broader national surveillance state. Sen. Jerry Hill (D-San Mateo) and Sen. Steven Bradford (D-Inglewood) introduced Senate Bill 21 ( SB21 ) earlier this year. The legislation would require law enforcement agencies to propose a Surveillance Use Policy for the use of each type of surveillance technology it operates and the information collected. It would then have to submit the policy to its governing body for approval at a regularly scheduled hearing, open to the public. If the plan is not adopted, the law enforcement agency would be required to cease using the surveill...

...from Tenth Amendment Center At some point in virtually every debate, an opponent of nullification will claim James Madison is on their side and that he opposed the practice. This despite the very clear meaning of the words in the Virginia Resolutions of 1798. So what gives? Was Madison for nullification before he was against it? In 1798 , Madison clearly supported nullification, or as he called it, “interposition.” He declared, “in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil” … “to preserve the Constitution itself as well as to provide for the safety of the parties to it” Yet, in Aug. 1830, Madison wrote a letter to Edward Everett , and again in Aug 1834, he wrote a letter to Edward Coles , in both cases he seem to be strongly opposing nullification. Then, in Dec. 1834, he wrote, citing Jeffe...

...from Tenth Amendment Center AUGUSTA , Maine (May 31, 2017) – Today, the Maine House passed a bill that would help facilitate healthcare freedom in the state. Sen. Rod Whittemore (R-Somerset) introduced Senate Bill 1385 ( LD1385 )  on April 11. The legislation specifies that direct primary care agreements (sometimes called medical retainer agreements) do not constitute insurance, thereby freeing doctors and patients from the onerous requirements and regulations under the state insurance code. The bill defines what constitutes a direct primary care agreement and creates a modest regulatory structure. The Maine House voted to enact LD1385 on a voice vote. According to Michigan Capitol Confidential , by removing a third party payer from the equation, medical retainer agreements help both physicians and patients minimize costs. Jack Spencer writes : “Under medical retainer agreements, patients make monthly payments to a physician who in return agrees to provide a menu of rout...

...from Tenth Amendment Center Michael Boldin May 31, 2017 at 12:53AM

...from Tenth Amendment Center MONTPELIER , Vt. (May 30, 2017) – Last week, Gov. Phil Scott vetoed a bill that would legalize possession and cultivation of small amounts of marijuana. Vermont will not be able to further nullify the unconstitutional federal prohibition on cannabis until 2018. Senate Bill 22 ( S.22 ) originally set up a study commission to explore taxation and regulation of cannabis in the state. But at the last minute, the Senate amended it to include language from a bill that passed the House ( H.170 ). As amended, S.22 would have legalized possession of up to 1 ounce of marijuana and cultivation of two mature plants or four seedlings by adults 21 and over. The bill does not create any regulatory or taxing structure, and would not legalize the sale of marijuana. The measure retains language creating the study committee. The Senate passed the amended version 20-9 on May 5. The House concurred by a 79-66 vote . Vermont could have become the first state to legalize m...

...from Tenth Amendment Center MONTGOMERY , Ala. (May 30, 2017) – Republican leadership in the Alabama state Senate recently killed a bill that would have ended the use of Common Core in the state’s schools. That means federally-driven educational standards will remain in place in the Heart of Dixie. Sen. Harri Anne Smith (I-Slocomb) introduced Senate Bill 415 ( SB415 ) on May 5. The legislation would have voided Common Core standards and created a framework to establish state standards to replace them. The State of Alabama hereby terminates all plans, programs, activities, efforts, and expenditures relative to the implementation of the educational initiative commonly referred to as the Common Core State Standards, or any derivative or permutation thereof, including, but not limited to, the Alabama College and Career Ready Standards which have been adopted or may be adopted by the board or its employees, including any assessments, data collection, and instructions based on or invo...

...from Tenth Amendment Center HARTFORD , Conn. (May 30, 2017) – Activists in Connecticut are working to improve a bill to limit the use of “stingrays.” If amended and passed, the proposed law would not only protect privacy in Connecticut, but would also hinder one aspect of the federal surveillance state. The House Judiciary Committee introduced House Bill 7291 ( HB7291 ) in March. The legislation would require a judicial order for the use of a cell site simulator device to obtain geo-location tracking information in most situations.These devices essentially spoof cell phone towers, tricking any device within range into connecting to the stingray instead of the tower, allowing law enforcement to sweep up communications content, as well as locate and track the person in possession of a specific phone or other electronic device. The proposed law would allow for the use of a stingray to obtain geo-location data without a judicial order for no longer than 48 hours if the information ...

...from Tenth Amendment Center BOSTON , Mass. (May 30, 2017) – A bill introduced in the Massachusetts House would take a first step toward limiting he impact of federal programs that militarize local police. Rep. Denise Provost (D-Middlesex) introduced House Bill 2503 ( H.2503 ) earlier this year. The legislation would prohibit law enforcement agencies from acquiring a long list of military equipment from federal surplus programs without local government approval. The law would apply both to the well-known 1033 program, along with any other military surplus program operated by the federal government. The legislation covers an extensive list of military items including unmanned aerial vehicles, armored vehicles, bayonets, bombs, directed-energy weapons, grenade launchers, international mobile subscriber identity catchers, launch vehicles, mines, missiles, radioactive or nuclear weapons, rockets, silencers, torpedoes, toxicological agents, including chemical agents, biological agent...

...from Tenth Amendment Center This is today’s Tenther newsletter, which everyone in the nullification movement gets daily or weekly.  Be one of them  – and Become a member here to support the TAC. Over the last 10.9 years (we’ll be 11 in June!), you helped us create one of the best and most consistent grassroots organizations in the country. In the past few years, we’ve seen more nullification bills introduced – and PASSED – than at any time in our history.  We’ve supported efforts to reject unconstitutional power grabs on issues like gun control, mass surveillance, Obamacare, hemp farming, education – and we’ve taken on the federal reserve’s unconstitutional monopoly on money too. Now I’m going to ask you to help us continue this journey for the Constitution and liberty. We need continuous, sustained support from our supporters and readers to keep innovating and to keep growing. Here’s how you can make that happen: Become a TAC member. Not only does...

...from Tenth Amendment Center In just the last week, three states have moved measures forward that chip away at the Federal Reserve’s monopoly on money by facilitating and encouraging the use of gold and silver. In Arizona, Gov. Doug Ducey  signed a bill into law that eliminates states capital gains taxes on gold and silver specie. Rep. Mark Finchem (R-Tucson) sponsored HB2014 . The legislation eliminates state capital gains taxes on income “derived from the exchange of one kind of legal tender for another kind of legal tender.” The bill defines legal tender as “a medium of exchange, including specie, that is authorized by the United States Constitution or Congress for the payment of debts, public charges, taxes and dues.” “Specie” means coins having precious metal content. In effect, passage of HB2014 “legalized the Constitution” by treating gold and silver specie as money. Important legislation relating to gold and silver also moved forward in Louisiana and North Carolina....

...from Tenth Amendment Center If a vote was held in your town or city to build a single bus stop that cost $1,000,000 – do you think you or your neighbors would oppose it? If you found out your county had spent $80,000 torturing lab mice until they developed speech impediments, would you be writing angry letters to your local newspaper demanding answers? Do you think there would be a massive effort to stop the waste? Of course! That is the beauty of local government – you have a voice that simply can’t be ignored. Conversely, that is the problem with federal government. It operates with virtually no accountability. Both of the projects I mentioned above were actually funded by the federal government, and those are just the beginning. Our federal tax money has been spent in all kinds of patently absurd ways – from paying $9,600,000 for medical bills for people who are long dead, to spending $869,000,000 between 1996 and 2007 on storing surplus peanuts. Every year think tanks, po...

...from Tenth Amendment Center In the standoff between “sanctuary cities” and the Trump administration, a memo from the Attorney General this week indicates that so far the cities are winning, hands down. While there are no hard-and-fast rules for what qualifies as a “sanctuary city,” the local jurisdictions generally referred to as immigration sanctuaries generally have policies or ordinances on the books that do one of two things, or both: 1) Ban law enforcement from asking a person about their immigration status. 2) Prohibit keeping a person in jail beyond the time they’re required to be there, even after receipt of a federal immigration detainer request. While this covers a majority, there are a few cities that go further; San Francisco being a notable example. The law on the books there , last amended in 2016, implements the two policies above, but goes further by banning the use of any city resources to, “Assist or cooperate with any ICE investigation, detention, or arres...

...from Tenth Amendment Center BATON ROUGE , La. (May 26, 2017) – On Wednesday, a Louisiana Senate committee approved a bill that would expand the state’s Right to Try law to include technology designed to help ALS patients with mobility. Passage into law would set the foundation to nullify in practice a Food and Drug Administration (FDA) rule that currently denies these patients’ access to this specific technology. Rep. Julie Stokes (R-Kenner) and two cosponsors introduced House Bill 179 ( HB179 ) in March. The legislation would expand the Louisiana Right to Try law to include robotic technology that assists patients suffering from terminal degenerative muscular diseases with mobility. The bill is specifically meant to allow ALS patients in the state to access EyeDrive technology that allows a patient to maneuver a wheelchair using eye movements. The technology is currently unavailable because it is still in the FDA trial phase. On Wednesday, the Senate Committee on Health and W...

...from Tenth Amendment Center PHOENIX , Ariz. (May 26, 2017) – On Monday, Arizona Gov. Doug Ducey vetoed a bill that would have established a structure for a federally compliant hemp research program in the state. Sen. Sonny Borrelli (R-Lake Havasu City) introduced Senate Bill1337 ( SB1337 ) on Jan. 31. Under the proposed law, industrial hemp would have been treated as an agricultural crop subject to regulation by the Arizona Department of Agriculture. As passed, the legislation directed the department to set up a federally compliant licensing and regulation program for industrial hemp research. As introduced and originally passed by the Senate, the bill would have authorized commercial hemp production and included a provision barring the department from making licensing contingent on federal permission. Rep. Brenda Barton filed an amendment on the House floor requiring the department of agriculture to follow all federal laws when issuing licenses. This means Arizona farmers wo...

...from Tenth Amendment Center CONCORD , N.H. (May 25, 2017) – The New Hampshire Senate killed a bill that would have banned “material support or resources” to warrantless federal spying. Rep. Neal Kurk and Rep. Carol McGuire sponsored House Bill 171 ( HB171 ), along with two cosponsors. The legislation would prohibit the state or its political subdivisions from assisting a federal agency in the collection of electronic data without a warrant. Neither the state nor its political subdivisions shall assist, participate with, or provide material support or resources to enable or facilitate a federal agency in the collection or use of a person’s electronic data or metadata, without that person’s informed consent, or without a warrant issued by a judge and based upon probable cause that particularly describes the person, place, or thing to be searched or seized, or without acting in accordance with a judicially-recognized exception to the warrant requirement of the Fourth Amendmen...

...from Tenth Amendment Center BATON ROUGE , La. (May 25, 2017) – Yesterday, the Louisiana House unanimously passed a bill that would exempt the sale and purchase of gold and silver from state sales and use taxes, encouraging their use and taking the first step toward breaking the Federal Reserve’s monopoly on money. Rep. Stephen Dwight (R) and Rep. Mark Abraham (R) introduced House Bill 396 ( HB396 ) on March 31. The legislation would exempt the sale of platinum, gold, or silver bullion, ingots, or coins from the state sales tax. It would also exempt certain numismatic (collectable) coins. On Wednesday, the House passed HB396 95-0 . Imagine if you asked a grocery clerk to break a $5 bill and he charged you a 35 cent tax. Silly, right? After all, you were only exchanging one form of money for another. But that’s essentially what Louisiana’s sales tax on gold and silver does. By removing the sales tax on the exchange of gold and silver, Louisiana would treat specie as money instea...

...from Tenth Amendment Center I do a lot of writing here at the TAC – everything from bill reports to in-dept historical articles. But video scripts are by far my biggest writing challenge. Hopefully, you’ve seen one of our latest videos “The Founders and the Dog of War.” (If you haven’t, check it our HERE.) I wrote the script… Mike Maharrey May 25, 2017 at 11:43AM

...from Tenth Amendment Center We tend to think of Thomas Jefferson a a great American constitutionalist. And of course, he was. But it’s easy to forget Jefferson’s thinking sometimes roamed beyond what we would call traditional American constitutionalism. We find a great example of this in a letter Jefferson wrote to James Madison in September of 1789 on the subject of the popular basis for political authority. The letter was essentially an extended musing on this question: does one generation have a right to bind another? This question is particularly poignant as the U.S. government continues to run up the national debt. It currently stands at more than $18 trillion and growing. In all likelihood, our great, great, great grandchildren will still be burdened by this debt. Jefferson goes to great lengths to show no generation has a natural right to bind another, and he goes as far as to call it unwise and unjust. “But with respect to future debts, would it not be wise and ju...