Tenth Amendment Remembered

...from Tenth Amendment Center SALEM , Ore. (June 30, 2017) – Yesterday, Oregon Gov. Kate Brown signed a bill into law that will pave the way for faster development of Oregon’s hemp market, and further nullify federal prohibition in effect. Sen. Ted Ferrioli (R-John Day) introduced Senate Bill 1015 ( SB1015 ) in March. The new law will give the Oregon Liquor Control Commission authority over the processing of industrial hemp. Under this regulatory scheme, the state’s hemp business will be treated equally to the recreational cannabis industry. According to Corvallis Advocate , this could open up new possibilities for the hemp industry subject to certain limitations. “Currently only registered hemp handlers can grow, process, and sell industrial hemp products in Oregon. According to Seattle’s CannaLaw group, a legal firm providing support to several pot businesses in the Northwest, SB 1015 would create industrial hemp licensing for individuals already working in the legal weed bus

...from Tenth Amendment Center Sheriff Richard Mack talks about his support for 3 types of nullification at a Tenth Amendment Center event in Phoenix in Jan. 2011: “I believe in state nullification. I believe in jury nullification. And I certainly believe in sheriff nullification.” FOLLOW TAC: YouTube: https://www.youtube.com/user/TenthAmendmentCenter RSS: http://feeds.feedburner.com/tacdailydigest Twitter: http://twitter.com/tenthamendment Facebook: https://www.facebook.com/tenthamendmentcenter Instagram: https://www.instagram.com/tenthamendmentcenter/ Email Newsletter: http://tenthamendmentcenter.com/register Become a Member: http://tenthamendmentcenter.com/members/ Michael Boldin June 30, 2017 at 10:47AM

...from Tenth Amendment Center CARSON CITY, Nev. (Jun 30, 2017) – Tomorrow, a new Nevada law goes into effect legalizing commercial industrial hemp production in the state, despite a federal ban on the same. The new policy sets the foundation to nullify federal prohibition in practice and effect within the state. A bipartisan coalition of 12 legislators sponsored Senate Bill 396 ( SB396 ). The new law authorizes the cultivation of industrial hemp for commercial purposes and the production of agricultural hemp seed in Nevada. The statute expands current law that only allows an institution of higher education or the Nevada Department of Agriculture to cultivate industrial hemp for research purposes conducted under an agricultural pilot program or for other agricultural or academic research. Under the new law, the state will create separate licensing programs for growers, handlers and producers of hemp seed. The federal government currently restricts the acquisition of seed. Encoura

...from Tenth Amendment Center The government has become an expert in finding ways to sidestep what it considers “inconvenient laws” aimed at ensuring accountability and thereby bringing about government transparency and protecting citizen privacy. Indeed, it has mastered the art of stealth maneuvers and end-runs around the Constitution. It knows all too well how to hide its nefarious, covert, clandestine activities behind the classified language of national security and terrorism. And when that doesn’t suffice, it obfuscates, complicates, stymies or just plain bamboozles the public into remaining in the dark. Case in point: the National Security Agency (NSA) has been diverting “internet traffic, normally safeguarded by constitutional protections, overseas in order to conduct unrestrained data collection on Americans.” It’s extraordinary rendition all over again, only this time it’s surveillance instead of torture being outsourced. In much the same way that the government moved

...from Tenth Amendment Center The following post is excerpted from the script for Nullify: Season 1. Watch all the videos from this series at this link – and Become a member here to support the TAC. One of the best examples of how to nullify didn’t come from the 19th century, and it has nothing to do with slavery. It’s happening now, and it’s about a plant called marijuana. In 1996, the People of California passed Proposition 215, the “compassionate use act.” This authorized the possession and cultivation of marijuana for personal medical use, in defiance of federal prohibition. You see, federal law doesn’t recognize any medical use for marijuana.  This plant is illegal in all situations, all the time according to every branch of the federal government. When Prop 215 passed, the message from the Clinton administration was the same – we don’t recognize your state law. Attorney General Janet Reno said , ” We want to make clear that Federal law still applies.” An LA Times art

...from Tenth Amendment Center FRANKFORT , Ky. (June 29, 2017) – Today, a Kentucky law went into effect that sets the foundation to nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients. A coalition of three Republicans sponsored Senate Bill 21 ( SB21 ). The legislation gives terminally ill patients access to medicines and treatments not yet given final approval for use by the FDA. The Federal Food, Drug, and Cosmetic Act prohibits general access to experimental drugs. However, under the expanded access provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb, patients with serious or immediately life-threatening diseases may access experimental drugs after receiving express FDA approval. SB21 creates a process to bypass the FDA expanded access program and allows patients to obtain experimental drugs from manufacturers without first obtaining FDA approval. This procedure directly con

...from Tenth Amendment Center FRANKFORT , Ky. (June 29, 2017) – While Congressional Republicans have yet to put forth a bill to get rid of Obamacare, a new Kentucky law went into effect today that will help facilitate healthcare freedom in the state. It will also set the stage for people there to nullify federally run healthcare in practice. A coalition of three Republicans sponsored Senate Bill 97 ( SB97 ) on Jan 3. The law 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 new law also stipulates that primary care providers, nor their agents, are required to obtain a license to sell, or offer to sell direct primary care membership agreements. SB97 includes provisions defining and establishing requirements for direct primary care agreements. The Senate initially passed SB97 by a 35-1 vote . T

...from Tenth Amendment Center SACRAMENTO , Calif. (June 28, 2017) –  Yesterday, an important California Assembly committee 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 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 t

...from Tenth Amendment Center RALEIGH , N.C. (June 28, 2017) – Yesterday, the North Carolina Senate gave final approval to a bill that would exempt the sale and purchase of gold and silver from state sales taxes. Passage into law would encourage their everyday use as money, taking the first step toward breaking the Federal Reserve’s monopoly. Rep. Dana Bumgardner (R-Gastonia) and Rep. Jeff Collins (R-Rocky Mount) introduced House Bill 434 ( H434 ) in March. The legislation would exempt previous metals in various forms, including investment metal bullion, U.S. Mint-produced gold and silver, investment coins and non-coin currency, from state sales tax. The House previously passed H434 on second reading by a 104-8 vote . It then gave final approval on the third reading by a voice vote. Yesterday, the Senate concurred with a vote of 35-13 . IN PRACTICE 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 exc

...from Tenth Amendment Center SACRAMENTO  (Jun. 28, 2017) – Yesterday, a California Senate committee passed a bill to withdraw state resources from federal marijuana prohibition enforcement.  Introduced by Asm. Reginald Jones-Sawyer (D-Los Angeles), Assembly Bill 1578 ( AB1578 ) would ban the use of “agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California.” In addition to blocking local officials from participating in federal-only cannabis prohibition, the law would prevent them from sharing personal information with the federal government about cannabis businesses or consumers who are in compliance with state law. Last month, the Assembly passed the bil l over strong opposition from law enforcement lobby groups. The vote was 41-33 . IN EFFECT Medical marijuana has be

...from Tenth Amendment Center by Ron Paul This week the Senate Republican leadership unveiled its Obamacare replacement plan. Like its House counterpart, the misnamed Senate plan retains most of Obamacare’s core features. Both the House and Senate plans allow states to obtain waivers providing relief from some Obamacare mandates, although the waivers in both bills are too restrictive to be of much value. For example, the Senate’s bill does not allow states to have waived two of Obamacare’s most destructive mandates — guaranteed issue and community ratings. The healthcare debate is dominated by emotional rhetoric about how government-run healthcare is necessary to protect the vulnerable. For example, in May, Jimmy Kimmel Live host Jimmy Kimmel delivered a touching monologue about his newborn son’s open-heart surgery. Mr. Kimmel ended his monologue with a plea to retain Obamacare so all children can obtain life-saving treatment. After the monologue became a national sensation, man

...from Tenth Amendment Center The message from this 2010 speech in Ft. Worth, Texas is just as important today as it was then: “The 10th Amendment defines the entire scope of federal power as that which “we the people” of the several states gave to it in the Constitution…. and nothing more.” HERE’S A SHORT CLIP: FOLLOW TAC: YouTube: https://www.youtube.com/user/TenthAmendmentCenter RSS: http://feeds.feedburner.com/tacdailydigest Twitter: http://twitter.com/tenthamendment Facebook: https://www.facebook.com/tenthamendmentcenter Instagram: https://www.instagram.com/tenthamendmentcenter/ Email Newsletter: http://tenthamendmentcenter.com/register Become a Member: http://tenthamendmentcenter.com/members/ Michael Boldin June 27, 2017 at 11:02AM

...from Tenth Amendment Center This article was originally published at KrisAnneHall.com . The Trump administration would like to privatize air traffic control, taking it from the Federal Aviation Administration (FAA). That is exactly what should happen, but is that what will happen? The question we should be asking is, if the FAA loses its maintenance of air traffic, will that be equal to privatization? Unfortunately, I believe the answer will be no. We must remember there is absolutely no authority for the federal government to regulate domestic flights. The assertion of necessity due to international flights or national security is a false assertion and does not create a domestic regulatory authority. The commerce clause, contrary to modern thought, also does not create an authority for the federal government to regulate air traffic. James Madison, also known as the Father of the Constitution explained in an address to the House of Representatives in 1792, that the commerce cl

...from Tenth Amendment Center Under the constitution, any power not delegated to the federal government is simply none of their business. Michael Boldin June 26, 2017 at 11:26PM

...from Tenth Amendment Center RALEIGH , N.C. (June 26, 2017) – Today, a second North Carolina Senate committee passed a bill that would exempt the sale and purchase of gold and silver from state sales taxes, encouraging their everyday use and taking the first step toward breaking the Federal Reserve’s monopoly on money. Rep. Dana Bumgardner (R-Gastonia) and Rep. Jeff Collins (R-Rocky Mount) introduced House Bill 434 ( H434 ) in March. The legislation would exempt previous metals in various forms, including investment metal bullion, U.S. Mint-produced gold and silver, investment coins and non-coin currency, from state sales tax. Today the Committee On Rules and Operations of the Senate passed H434. Last week, the Committee on Finance approved the measure. The House previously passed H434 on second reading by a 104-8 vote . It then gave final approval on the third reading by a voice vote. Imagine if you asked a grocery clerk to break a $5 bill and he charged you a 35 cent tax. Sil

...from Tenth Amendment Center AUGUSTA , Maine. (Jun. 26, 2017) – A Maine bill that would have withdrawn the state from the Common Core educational standards was killed by House Democrats earlier this month. Rep. William Tuell (R-East Machias) introduced House Bill 1578 ( LD1578 ) with five co-sponsors. The bill would have banned Common Core standards and replaced them with the educational standards that were in place in Massachusetts before the state enacted Common Core. Massachusetts standards were ranked the highest in the country. LD1578 read, in part: The Department of Education… shall… replace the current content standards in English language arts and mathematics… with new standards that are consistent with the standards in effect in the Commonwealth of Massachusetts in 2009. The standards adopted under this section must be, as much as possible, identical to those adopted by Massachusetts, except when a Maine context requires otherwise. The content standards apply to the 20

...from Tenth Amendment Center On June 23, I appeared on a Chattanooga, Tenn., radio show hosted by David Tullis to discuss how state and local action can move power away from Washington D.C. and ultimately lead to greater liberty. We opened the discussion talking about the Tennessee legislature’s failure to follow through and start the process of creating a state bullion depository after unanimously approving the idea in a resolution during the 2016 session. I explained why a depository would be a step forward for sound money, and emphasized the importance of holding state legislator’s feet to the fire. We then moved on to the issue of surveillance and talked about a recent ordinance passed in Nashville that takes the first step toward limiting the unchecked use of surveillance technologies that violate basic privacy rights and feed into a broader national surveillance state. In the last few minutes of the show, I talked more generally about the importance of political decentr

...from Tenth Amendment Center To spread the word, and celebrate TAC’s 11-year anniversary (June 25th), we put together an updated version of this short video trailer: FOLLOW TAC: YouTube: https://www.youtube.com/user/TenthAmendmentCenter RSS: http://feeds.feedburner.com/tacdailydigest Twitter: http://twitter.com/tenthamendment Facebook: https://www.facebook.com/tenthamendmentcenter Instagram: https://www.instagram.com/tenthamendmentcenter/ Email Newsletter: http://tenthamendmentcenter.com/register Become a Member: http://tenthamendmentcenter.com/members/ Michael Boldin June 25, 2017 at 06:44PM

...from Tenth Amendment Center This article is featured in 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. I can hardly believe it. Today, June 25 th  – TAC celebrates our 11 Year Anniversary! When I started the Tenth Amendment Center in 2006 as a simple blog, my goal was to reach just a few people about the Constitution and liberty. Here we are – 11 years have flown by – and TAC has had an impact far beyond anything I ever imagined. It’s not possible to properly thank all the members, supporters, readers, volunteers, bloggers, organizers, interviewers, donors, friends, family – everyone who has done anything and everything – to help us get to where we are. So I’ll keep it brief – thank you from the bottom of my heart. Every minute volunteered, every hour worked, every dollar donated – it’s all part of a big, long term puzzle – and plan – to beat back the forces aga

...from Tenth Amendment Center BATON ROUGE , La. (June 23, 2017) – Yesterday, Louisiana Gov. John Bel Edwards signed a bill into law that exempts 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 exempts the sale of platinum, gold, or silver bullion, ingots, or coins that are valued only on their precious metal content from the state sales tax. It also exempts certain numismatic (collectable) coins. The House initially passed HB396 95-0 on May 24. The Senate followed up on June 2 and approved the measure by a vote of 30-2 with some technical amendments. The House then concurred with the Senate amendments by a vote of 103-0. With Gov. John Bel Edwards’ signature, the new law went into immediate effect on June 22. IN PRACTICE Imagine if you

...from Tenth Amendment Center by Michael F. Cannon, CATO Institute Yesterday, I posted “ Five Questions I Will Use to Evaluate the Phantom Senate Health Care Bill .” The phantom bill took corporeal form today when Senate Republicans released the text of the “ Better Care Reconciliation Act .” So how does the Senate bill fare with regard to my five questions? 1. Would it repeal the parts of ObamaCare—specifically,  community rating —that preclude secure access to health care by causing coverage to become  worse for the sick  and  the Exchanges to collapse ? No. The Senate bill would preserve ObamaCare’s community-rating price controls. To be fair, it would modify them. ObamaCare forbids premiums for 64-year-olds to be more than three times premiums for 18-year-olds. The Senate bill would allow premiums for the older cohort to be up to five times those for the younger cohort. But these “age rating” restrictions are the least binding part of ObamaCare’s community-rating price contr