Tenth Amendment Remembered

...from Tenth Amendment Center LANSING , Mich. (Feb. 28, 2018) – Today, the Michigan Senate unanimously passed a bill that would ban “material support or resources” for warrantless federal surveillance programs. This represents an essential step states need to take at a time when the federal government seems unlikely to ever end unconstitutional spying on its own. Rep. Martin Howrylak (R-Troy) introduced House Bill 4430 ( HB4430 ) last spring. The legislation would prohibit the state and its political subdivisions from assisting, participating with, or providing “material support or resources, to a federal agency to enable it to collect, or to facilitate in the collection or use of a person’s electronic data” unless one of five conditions apply: (a) The person has given informed consent. (b) The action is pursuant to a warrant that is based upon probable cause and particularly describes the person, place, or thing to be searched or seized. (c) The action is in accordance with a

...from Tenth Amendment Center CHEYENNE , Wyo. (Feb. 28, 2018) – Yesterday, the Wyoming Senate passed a bill to exempt cryptocurrency from property taxes. The proposed law would expand the of use digital currency and help undermine the Federal Reserve’s monopoly on money. A bipartisan coalition of six senators and representatives introduced Senate Bill 111 ( SF111 ) on Feb. 14. The legislation would exempt “virtual currencies” from state property taxes. The bill defines “virtual currencies” as “any type of digital representation of value that is used as a medium of exchange, unit of account or store of value and is not recognized as legal tender by the United States government.” Passage of SF111 would move toward making virtual currencies, such as Bitcoin (BTC), Bitcoin Cash (BCH), Ethereum (ETH), Litecoin (LTC) and Zcash (ZEC), on par with paper currency, gold, silver, other coins, bank drafts, certified checks and cashiers checks. In other words, the proposed law would treat cryp

...from Tenth Amendment Center ST. PAUL , Minn. (Feb. 28, 2018) – A bill introduced in the Minnesota Senate would bar state and local law enforcement agencies from acquiring “military grade weapons” through federal military surplus programs. Sen. Jerry Newton (D-Coon Rapids) introduced Senate Bill 2615 ( SF2615 ) on Feb. 22. The legislation would prohibit a Minnesota state or local unit of government or a law enforcement agency from acquiring military-grade weapons pursuant to a military equipment surplus program operated by the federal government. SF2615 defines military grade weapons as “militarily equipped vehicles and aircraft, weapons, and other objects designed to primarily have a military purpose or offensive capability, and ammunition.” The provisions of SF2615 would apply to military equipment available both through the well-known 1033 program, along with any other military surplus program operated by the federal government. The proposed law would likely require additiona

...from Tenth Amendment Center CONCORD , N.H. – Last week, the New Hampshire House overwhelmingly passed a bill that would allow individuals arrested for possession of small amounts of marijuana, or convicted of such charges, to have their record expunged. Passage into law would take another step toward nullifying federal marijuana prohibition in effect in New Hampshire. A bipartisan coalition of 13 cosponsors introduced House Bill 1477 ( HB1477 ) in January. Under the proposed law, any person who was arrested or convicted before Sept. 16, 2017, for knowingly or purposely obtaining, purchasing, transporting, or possessing 3/4 ounce of marijuana or less could petition the court to have the arrest and/or court records annulled. On Sept. 16, 2017, a law decriminalizing simple marijuana possession went into effect . Passage of HB640 changed possession “of 3/4 ounce or less of marijuana or 5 grams or less of hashish” from a criminal misdemeanor to a civil infraction. HB1477 would take

...from Tenth Amendment Center CHEYENNE , Wyo. (Feb. 27, 2018) – Today, the Wyoming House overwhelmingly passed a bill that would define gold and silver specie as legal tender and eliminate all taxes levied on it. The new law would pave the way for the use of gold and silver in everyday transactions and could help undermine the Federal Reserve’s monopoly on money. A bipartisan coalition of 11 Republicans introduced House Bill 103 ( HB103 ) on Feb. 15. Titled the  Wyoming Legal Tender Act , the legislation defines gold and silver specie as “legal tender,” meaning it would be recognized as a medium of exchange for the payment of debts and taxes in the state. Practically speaking, gold and silver specie would be treated as money, putting it on par with Federal Reserve notes in Wyoming. The bill defines specie as coins having gold or silver content, or refined bullion, coined, stamped or imprinted with its weight and purity. HB103 would also prohibit the state or local governments fro

...from Tenth Amendment Center I’ve often told a story related to me by my friend Anthony Gregory – about a Berkeley communist being pretty solid on gun rights. The story, in essence, talks about a marxist being so far left that they come full circle to the same view as someone on the far right. “Of course I support the 2nd Amendment.” The caveat, or the difference in reasoning behind the support is clear: “The workers, they have to be armed!” Whatever one’s reason for supporting – a natural right is a natural right. It doesn’t depend on a political viewpoint. Today I read an incredibly interesting article from, of all places, The Socialist Worker , taking a similar view. While my libertarian and conservative friends might have a hard time reading it in full, if they do so with an honest and open view, I think they’ll see this socialist writer’s support for the 2nd Amendment is much stronger than some mainstream Democrats and Republicans. My view? I don’t need to agree with ev

...from Tenth Amendment Center In the age of the Internet when “ pseudo-quotes ” attributed to founders often obscure the truth of what they said and facts surrounding their actual beliefs, it’s important for gun rights activists to know the real historical record. Saul Cornell serves as the Paul and Diane Guenther Chair in American History at Fordham University. He recently wrote an article titled “ 5 types of gun laws the Founding Fathers loved ” examining firearm regulations before and after the American War of Independence. The article is fascinating and includes information that I, as an amateur history buff, was unaware of. Some of these facts are relevant to the modern gun debate. However, it is worth taking a second look at the thesis of the piece itself, and highlighting some other related points that are often not discussed. Cornell summarizes his argument (bold emphasis added): Ironically, those on both ends of our contemporary political spectrum cast the Second Amend

...from Tenth Amendment Center JEFFERSON CITY , Mo. (Feb. 27, 2018) – Legislation filed in the Missouri House would create a ballot initiative to legalize marijuana, setting the foundation to nullify federal cannabis prohibition in effect in the Show-Me State. Rep. Courtney Curtis (D-Berkeley) introduced House Joint Resolution 86 ( HJR86 ) on Feb. 15. The legislation would initiate a referendum and give Missouri voters the opportunity to add the following language into the state constitution during the 2018 elections in November: That the possession or consumption of marijuana by a person twenty-one years of age or older shall not be a criminal offense in this state. However, the state and political subdivisions thereof may enact criminal laws addressing actions taken while intoxicated by marijuana and the consumption of marijuana in public places. Both chambers of the legislature will have to approve HJR86 by a two-thirds majority for the initiative to be placed on the ballot i

...from Tenth Amendment Center TALLAHASSEE , Fla. (Feb. 27, 2018) – Last Thursday, a third Florida Senate committee approved a measure that would ban warrantless location tracking and the use of stingray devices to sweep up electronic communications in most situations. The new law will not only protect privacy in Florida, but will also hinder one aspect of the federal surveillance state. Sen. Jeff Brandes (R-St. Petersburg) introduced Senate Bill 1256 ( SB1256 ) on Dec. 14. The legislation would help block the use of cell site simulators, known as “ stingrays .” 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. SB1256 would require police to get a search warrant based on probable cause before acquiring real-time or historical GPS locati

...from Tenth Amendment Center BOSTON , Mass. (Feb. 27, 2018) – A Massachusetts joint committee has passed two bills that would limit the warrantless use of surveillance drones. The legislation would not only establish important privacy protections at the state level, it would also help thwart the federal surveillance state. Sen. Michael Moore (D-Shrewsbury), along with a bipartisan pair of cosponsors, introduced Senate Bill 1348 ( S1348 ) last year. Sen. Patrick O’Connor (R-Plymouth and Norfolk) and 11 cosponsors introduced Senate Bill 1349 ( S.1349 ). The bills are virtually identical and both carried over to the 2018 legislative session. The legislation would prohibit the use of drones in criminal investigations without a warrant in most situations. The bill includes an exception to the warrant requirement in the event of an emergency “when there is reasonable cause to believe that a threat to the life or safety of a person is imminent.” If used in an emergency situation, law e

...from Tenth Amendment Center Today is the 404th day that the GOP has failed to repeal Obamacare, but states are continuing to make moves against unconstitutional federal control. In this episode of Tenther Tuesday, Michael Boldin and Michael Maharrey talk about a bill that went to the Alabama governor’s desk this week. If she signs it into law, it will encourage the use of gold a silver, and take an important step toward breaking the Fed’s monopoly on money. They also talk about several other sound money bills moving forward in other states, along with legislation to promote food and health freedom and limit government surveillance. WATCH SHOW LINKS JOIN TAC, Support the Constitution and liberty:   http://tenthamendmentcenter.com/members Alabama gold and silver Wyoming Gold and Silver  Minnesota gold and silver Utah Raw Milk Iowa Direct Primary Care Wisconsin Direct Primary Care Kentucky Drones State of the Nullification Movement Report Mike Maharrey February 27, 201

...from Tenth Amendment Center SALT LAKE CITY , Utah (Feb. 26, 2018) – On Friday, the Utah Senate passed a bill would expand raw milk sales in the state. Final passage into law would take an important step toward rejecting a federal prohibition scheme in effect. Sen. David Hinkins (R-27) and Rep. Marc Roberts (R-67) introduced Senate Bill 108 ( SB108 ) January 23. The legislation would expand existing laws relating to raw milk sales from producer to consumer in the state. Under the proposed law, a milk producer would be able to sell up to 120 gallons of raw milk per month to consumers without meeting stricter requirements under the current law and permitting program, providing certain conditions are met. Under the proposed law, the raw milk could only be sold directly to the consumer on the premises where the milk is produced for household use, not resale. SB108 also includes handling, sanitation and record-keeping requirements for unlicensed producers of raw milk. The milk bottle

...from Tenth Amendment Center DES MOINES , Iowa (Feb. 26, 2018) – Last Thursday, the Iowa House overwhelmingly passed a bill that would help facilitate healthcare freedom outside of government insurance regulatory schemes. The House of Delegates Human Resources Committee introduced House Bill 2356 ( HF2356 ) on Feb. 14. It replaced HF2275 sponsored by Rep. David Heaton (R-Mt. Pleasant). 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. HF2356 also includes provisions defining direct primary care agreements and establishing modest requirements. The House passed HF2356 by a 94-1 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 :

...from Tenth Amendment Center Today in 1813, Robert Livingston died. Known as “The Chancellor” for his position at the top of New York’s equity court, he became one of his state’s most influential politicians in an era of political upheaval. Born into the most prominent New York family, Livingston was destined to follow a legal background. He entered King’s College in 1765 and was admitted to the colonial bar in 1770. Selected by his colonial legislature to attend the Continental Congress, Livingston found himself on the five-man committee that drafted the Declaration of Independence. While his state wavered on the prospect of independence, Livingston maintained a strong position in support. After New York had declared independent and drafted a republican constitution, Livingston helped established New York’s legal norms as the Chancellor of New York. Under the Articles of Confederation, he served as Secretary of Foreign Affairs. At the New York ratification convention in Poughke

...from Tenth Amendment Center by Ron Paul The recently-passed big-spending budget deal’s failure to generate significant opposition from the “tea party” has led some to pen obituaries for this once-powerful movement. These commentators may have a point. However, few of them understand the true causes of the tea party’s demise. The movement commonly referred to as the tea party arose in opposition to the 2008 bank bailouts. The tea party grew as its focus shifted to opposition to President Obama’s policies, particularly his stimulus spending bill, cap-and-trade legislation, and, of course, the health care plan tea party leaders successfully branded as Obamacare. In its early days, the tea party was equally opposed to big spenders in both parties. In fact, it was often harder on Republicans than on Democrats. Tea party groups even backed primary challengers to Republican incumbents. Unfortunately, the tea party was quickly coopted by the GOP. As a result, while tea party groups st

...from Tenth Amendment Center TAC memberships  help us produce more educational tools like this. Members can download this video and read the full transcript here . Every once in awhile, someone tells us, “The Constitution doesn’t say anything about nullification. That means states simply can’t do it.” But they’ve got things totally backwards. 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 February 26, 2018 at 08:25AM

...from Tenth Amendment Center After a seven month hiatus, Thoughts from Maharrey Head is back with episode #100! We all have ideologies. They help us make sense of a complex world and provide us with a lens through which we can evaluate events. But ideologies can get us in trouble when we become unable to look outside of them. In this episode, I talk about the problems that inevitably crop up if you try to project your ideological point of view on the Constitution. I also catch you up on what’s been going on over the last seven months and make an announcement about an exciting project I hope to release this spring. You can subscribe to  Thoughts from Maharrey Head  for free on iTunes. Just click  HERE . SHOW NOTES AND LINKS SchiffGold Friday Gold Wrap Podcast Constitutional Interpretation – Living and Breathing is Dead Crisis and Leviathan by Dr. Robert Higgs Mike Maharrey February 25, 2018 at 01:24PM

...from Tenth Amendment Center From the beginning of our history, there have been many people such as Nathaniel Bacon, Tomas Jefferson, James Madison, President John Tyler, John Calhoun, John Taylor of Caroline and the Richmond junto who have championed the idea of nullification. Today, we look back through time and wonder how we can follow in the footsteps of those people even with this monstrous national government that’s grown exponentially since constitutional debates of 1787. Hamilton was one of the first to spread an infectious disease called misconstruction. During speeches made in 1787, he argued for an elected king, and lifetime senators, thinking it would prevent usurpation of power. But a national government and a federal Republic can’t exist on the same foundation. The latter consists of the states and their constituents as a check and balance, and the former consisting of the people of the whole along submitted to pure majority rule and public opinion. Madison even said