Tenth Amendment Remembered

...from Tenth Amendment Center Well, I was warned. Three years ago, Tenth Amendment Center founder and executive director Michael Boldin told us what to expect when the Republicans got back in power. “Since I’m the only one here who was around for TAC when Republicans and Bush were in power, let me warn you of the vitriol and hatred… Mike Maharrey March 31, 2018 at 01:00PM

...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 . Whatever Daniel Webster might have said about nullification later in his life, he was dead right in 1812. 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 March 30, 2018 at 12:07PM

...from Tenth Amendment Center DES MOINES , Iowa (March 30, 2018) – On Wednesday, Iowa Gov. Kim Reynolds signed a bill into law that will 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 new 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. HF2356 also includes provisions defining direct primary care agreements and establishing modest requirements. On March 21, the Senate  passed HF2356 by a 47-2 vote . The House  approved the measure 94-1  on Feb. 22. With Gov. Reynolds signature, the law will go into effect on July 1. According to  Michigan Capi...

...from Tenth Amendment Center A $1.3 trillion omnibus spending bill. More military spending than any time in history. How did things get to this point? Even some of the most loyal supporters of Pres. Trump have expressed both frustration and dismay that he signed an omnibus spending bill larger than all but one signed by former Pres. Obama. Angry opposition has come from the likes of Laura Ingraham, Amy Kremer and Ann Coulter. But not everyone is upset. Matt House, communications director for Sen. Chuck Schumer, said on Twitter that he’s “tired of all the winning.” Schumer himself was excited about all that was included in the spending bill. He said, “It’s a funny thing. In a certain sense, we’re able to accomplish more in the minority than we were when we had the presidency or even were in the majority.” And Defense Secretary James Mattis said he was “humbled” by receiving the “largest military budget in history.” Many people may have been stunned by the President signing...

...from Tenth Amendment Center Who was the worst president? Tom Woods and Michael Malice were presented with this question in one of his recent podcast episodes . He and Malice spent a good deal of time debating if Woodrow Wilson or Franklin Roosevelt did more damage to America. Both were awful, and Malice makes a compelling case for Wilson, while Woods at throws a few stones at FDR. But this question is too simplistic and it leaves out a host of other bad guy presidents in American history. One dreadful executive whose reputation scholars are attempting to rehabilitate is Lyndon Johnson, and a case could be made that he was ultimately worse than both Wilson and FDR for modern America. Johnson’s policies of “guns and butter” have done more long-term damage to the American economy than either FDR or Wilson, and his escalation of American involvement in Vietnam expanded the Cold War and set the stage for the “Vietnam syndrome” in American foreign policy. Getting rid of the ghosts of...

...from Tenth Amendment Center MADISON , Wisc. (March 29, 2018) – Yesterday, the Wisconsin Gov. Scott Walker signed a bill into law 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 large bipartisan coalition of senators and representatives introduced Senate Bill 84 ( SB84 ) last year and it carried over to the 2018 session. The the new law gives terminally ill patients access to medicines 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. SB84 creates a process to bypass the FDA expanded access program and allows patients to obtain exp...

...from Tenth Amendment Center DENVER , Colo. (March 29, 2018) – Yesterday, the Colorado Senate unanimously passed a bill that would further mainstream the state’s industrial hemp industry. Final passage of this bill would likely pave the way for faster development of the state’s hemp market, and further nullify federal prohibition in practice and effect. A bipartisan coalition of two senators and two representatives introduced Senate Bill 205 ( SB205 ) on March 12. The legislation would include the unprocessed seeds of industrial hemp in the definition of “commodity” within the “Commodity Handler Act” and include industrial hemp itself in the definition of “farm products” within the “Farm Products Act.” In effect, this would subject any person acting as a commodity handler of hemp seed or a farm products dealer of hemp to the licensing requirements already in place for commodities and farm product dealers. Currently, commodities include hard seeds or fruits such...

...from Tenth Amendment Center Today in 1790, future president of the United States John Tyler was born. Mockingly called “His Accidency” by his political rivals, Tyler’s strict devotion to the Constitution made him made enemies, including his own party. Former Mayor of New York Philip Hone wrote in 1842 that Tyler’s administration had consisted of “one year of the rule of imbecility, arrogance, and prejudice.” Time and time again, Tyler obstructed Whig efforts to recharter a national bank, raise tariffs  to radical heights, and implement various other unconstitutional measures. He made himself the primary foe of Henry Clay and Daniel Webster, both of whom sought to undermine him at every possible opportunity. He nominated five different individuals to the Supreme Court, only one of which was confirmed. Despite being kicked out of the Whig Party, he and his brilliant Secretary of Defense, Abel Upshur, laid the groundwork for Texas annexation through an arrangement with the Te...

...from Tenth Amendment Center Whatever Daniel Webster might have said about nullification later in his life, he was dead right in 1812. Michael Boldin March 28, 2018 at 12:12PM

...from Tenth Amendment Center TALLAHASSEE , Fla. (March 27, 2018) – Last Friday, Florida Gov. Rick Scott signed a bill into law that will help facilitate healthcare freedom outside of government regulatory schemes. Rep. Daniel Burgess (R-Zephyrhills) sponsored House Bill 37 ( H37 ). The new 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 bill also stipulates that a primary care provider or an agent of a primary care provider is not required to obtain a certificate of authority or license under the Florida Insurance Code to market, sell, or offer to sell a direct primary care agreement. H37 also includes provisions defining direct primary care agreements and establishing modest requirements. The Senate substituted H37 for the Senate version of the legislation sponsored by Sen. T...

...from Tenth Amendment Center Dear Mr. Bolton, When I was young, I assumed people who went to prestigious law schools learned a great deal about the Constitution and U.S. history. As I’ve grown older, I’ve come to understand this isn’t generally the case. In fact, lawyers trained at America’s elite universities tend to be some of the most constitutionally and historically ignorant people I run across. You reinforced this truth with recent comments about nullification you made during your interview with SiriusXM host Alex Marlow on  Breitbart News Daily. I understand that as a Republican, you have to oppose “sanctuary cities.” But I don’t really understand why you, among several other prominent Republicans including Attorney General Jeff Sessions and Rep. Tom McClintock,  have to sound like Rachel Maddow in the process. All four of you dredged up the same spurious talking points on nullification. Slavery. John C. Calhoun. Confederate. blah, blah, blah. Believe...

...from Tenth Amendment Center Today is the 432nd day that the GOP has failed to repeal Obamacare. Last week, Pres. Donald Trump signed a $1.3 trillion spending bill. In light of this GOP spending insanity, we can’t help point out that it doesn’t matter if Democrats or Republicans control Washington D.C. No matter what, we’re going to see trillions of dollars in spending, funding of endless unconstitutional programs and a growing federal debt – now eclipsing $21 trillion.  That’s why our message has stayed the same no matter who’s in charge – nullify all their unconstitutional acts. In this episode of Tenther Tuesday, Michael Boldin and Michael Maharrey talk about a number state efforts moving in this direction. WATCH SHOW LINKS JOIN TAC, Support the Constitution and liberty:   http://tenthamendmentcenter.com/members Minnesota Asset Forfeiture Iowa Direct Primary Care Massachusetts ALPR Utah Right to Try Expansion for Medical Marijuana Colorado High Capacity Ma...

...from Tenth Amendment Center FRANKFORT , Ky. (March 27, 2018) – Last week, a bill requiring police to get a warrant before engaging in drone surveillance in most situations became law without the governor’s signature. The new law not only establishes important privacy protections at the state level, it will also help thwart the federal surveillance state. Rep. Diane St. Onge (R-Lakeside Park) and Rep. Reginald Meeks (D-Louisville) introduced House Bill 22 ( HB22 ) on Jan. 2. The new law prohibits the use of a drone for a “search” unless authorized under the Fourth Amendment to the United States Constitution and Section 10 of the Kentucky Constitution. In effect, the officers will now have to get a warrant based on probable cause before gathering information with a drone in any situation that would require officers on the ground to have a warrant. In order for the search to be valid, the warrant must specifically authorize the use of an unmanned aircraft system. The new law re...

...from Tenth Amendment Center by Ron Paul On Friday, President Trump signed the omnibus spending bill for 2018. The $1.3 trillion bill was so monstrous that it would have made the biggest spender in the Obama Administration blush. The image of leading Congressional Democrats Pelosi and Schumer grinning and gloating over getting everything they wanted — and then some — will likely come back to haunt Republicans at the midterm elections. If so, they will deserve it. Even President Trump admitted the bill was horrible. As he said in the signing ceremony, “there are a lot of things that we shouldn’t have had in this bill, but we were, in a sense, forced — if we want to build our military…” This is why I often say: forget about needing a third political party – we need a second political party! Trump is admitting that to fuel the warfare state and enrich the military-industrial complex, it was necessary to dump endless tax dollars into the welfare state. But no one “forced” President...

...from Tenth Amendment Center BOSTON , Mass. (March 26, 2018) – Last week, a Massachusetts House committee passed a bill that would put strict limitations on the use of automated license plate reader systems (ALPRs) by the state. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates. Rep. William Strauss (D) introduced House Bill 1902 ( H1902 ) last year and it carried over into the 2018 session. The legislation would allow the use of ALPRs only for “legitimate law enforcement purposes,” collecting tolls and assessing parking fees. The law defines “legitimate law enforcement purposes” as “detection or investigation of a crime, traffic violation or parking violation; operation of AMBER alerts; or searches for missing or endangered persons.” On Thursday, the Joint Transportation Committee approved H1902 and sent it to the H...

...from Tenth Amendment Center SALT LAKE CITY , Utah (March 26, 2018) – Last week, Utah Gov. Gary Herbert signed two bills to allow terminally ill patients to legally use medical marijuana under the state’s Right to Try law. These new laws take a first step toward nullifying federal cannabis prohibition in effect in the Beehive State. Rep. Brad Daw (R-Orem) and Sen. Evan Vickers (R-Cedar City) sponsored House Bill 195 ( HB195 ). Under the law, qualifying patients under the Utah Right to Try Act can possess or use cannabis in a medicinal dosage. Daw and Vickers also introduced House Bill 197 ( HB197 ). This law authorizes the cultivation of cannabis in Utah to supply the medical marijuana program. Utah  passed its Right to Try Act in 2015 . Under the law, terminally ill patients can try experimental treatments not yet approved by the FDA. HB195 expands Right to Try to include the option of medical marijuana for these patients. The Right to Try law already nullifies in prac...

...from Tenth Amendment Center DENVER , Colo. (March 26, 2018) – Last week, a Colorado Senate committee passed a bill that would repeal state prohibitions on high capacity magazines as well as a magazine date stamp requirement. Passage would not only remove restrictions currently imposed on Coloradans, it would also foster an environment hostile to federal gun control. Sen. Owen Hill (R-Colorado Springs) introduced Senate Bill 52 ( SB52 ) on Jan. 10. The legislation would repeal the current law banning high-capacity magazines. Under Colorado state law, magazines that allow more than 15 rifle rounds or 25 shotgun shells are prohibited. Selling, transferring or selling such a magazine is a class 2 misdemeanor. Another statute requires a date stamp on all magazines produced in the state after 2013 when the law took effect. Senate Bill 52  would repeal both these statues, protecting the gun rights of Colorado residents. On March 19, the Senate State, Veterans, & Mili...

...from Tenth Amendment Center ST PAUL , Minn. (March 26, 2018) – Last week, a Minnesota House committee passed a bill that would reform the state’s asset forfeiture laws to prohibit the state from taking property without a criminal conviction. The legislation also takes on federal forfeiture programs by banning prosecutors from circumventing state laws by passing cases off to the feds in most situations. A bipartisan coalition of 15 representatives introduced House Bill 3725 ( HF3725 ) on March 14. The legislation would reform Minnesota law by requiring a criminal conviction before prosecutors could proceed with asset forfeiture and would end civil asset forfeiture in the state. Last Thursday, the House Civil Law and Data Practices Policy Committee passed HF3725 with some technical amendments. The Institute of Justice  gave Minnesota’s asset forfeiture laws a D- . The state revamped the forfeiture law to require a criminal conviction in some cases back in 2014, but left ...

...from Tenth Amendment Center DES MOINES , Iowa (March 26, 2018) – Last week, the Iowa Senate gave final approval to 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. Last Wednesday, the Senate passed HF2356 by a 47-2 vote . The House approved the measure 94-1 on Feb. 22. It will now go to Gov. Kim Reynolds desk for her consideration. According to  Michigan Capitol Confiden...

...from Tenth Amendment Center COLUMBUS , Ohio (March 22, 2018) – A bill filed in the Ohio House would ban all abortions in the state, nullifying the Supreme Court decision in Roe v. Wade. Rep. Ron Hood (R-Ashville) and Rep. Nino Vitale (R-Urbana) introduced House Bill 565 ( HB565 ) on March 19. The legislation would ban all abortions in the state. In effect, the legislation would define an “unborn human” as a person under Ohio’s criminal code relating to murder, manslaughter and homicide. It would also open the door to wrongful death lawsuits. Hood told Cleveland.com that it would be up to a prosecutor to decide what punishment to seek and whom to charge. Under the proposed law, the mother could potentially face charges for having an abortion. The bill does not include any exceptions for rape, incest, or the life or health of the mother. Vitale called it a “save them both” bill. HB565 does include immunity provisions for physicians who indirectly or unintentionall...