Tenth Amendment Remembered

...from Tenth Amendment Center On March 6, I testified before the Ohio House Committee on Federalism on the Tenth Amendment and how states can push back against overreaching federal authority. During my testimony, I covered the limited nature of the federal government, the meaning and purpose of the Tenth Amendment, nullification, and how to practically nullify federal acts through the anti-commandeering doctrine. My presentation lasted 25 minutes. The rest of my time before the committee involved a very spirited question and answer session. Thanks to Rep. John Becker for inviting me to appear before his committee. Mike Maharrey March 30, 2019 at 10:15AM

...from Tenth Amendment Center MONTPELIER – Vt. (March 27, 2019) – A bill introduced in the Vermont House would require Vermont law enforcement agencies to obtain legislative 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. Rep. Narnara Rachelson (D-Burlington) introduced House Bill 470 ( H.470 ) on Feb. 27. The legislation would require Vermont law enforcement agencies to get legislative approval before acquiring or using surveillance technology including facial or tattoo recognition software, genetic DNA testing, stationary license plate readers, cell site simulators, and international mobile subscriber identity-catchers. Law enforcement agencies would also have to get legislative approval before purchasing, trading, or obtaining information from private or public entities ga

...from Tenth Amendment Center AUGUSTA , Maine (March 28, 2019) – Yesterday, Maine Gov. Janet Mills signed a bill into law allowing the sale of food and food additives containing CBD within the state, This will not only open up markets in Arkansas, but it is also a crucial step given the FDA’s continued regulation of CBD. Rep Craig Hickman (D-Winthrop), along with a bipartisan coalition of three cosponsors, introduced House Bill 630 ( LD630 ) on Feb. 5. The new law clarifies that food, food additives and food products containing hemp-derived cannabidiol produced and sold within the state are not adulterated. In effect, this legalizes the sale of CBD in Maine. Under the law, sellers cannot claim that food, food additives or food products that contain hemp can diagnose, treat, cure or prevent any disease, condition or injury without approval pursuant to federal law. LD630 passed both the House and Senate by greater than 2/3 majority. With Gov. Mills’ signature, the new law went into

...from Tenth Amendment Center TALLAHASSEE , Fla. (March 27, 2019) – Yesterday, a Florida House committee passed a bill that would ban warrantless location tracking and the use of stingray devices to sweep up electronic communications in most situations. The proposed law would not only protect privacy in Florida, but it would also hinder one aspect of the federal surveillance state. Rep. Jackie Toledo (R-Tampa) and Rep. John Cortes (D-Kississimee) introduced House Bill 1405 ( H1405 ) on March 5. 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. H1405 would require police to get a search warrant based on probable cause before acquiring real-time or

...from Tenth Amendment Center ST PAUL , Minn. (March 27, 2019) – A bill moving through the Minnesota House would reform the state’s asset forfeiture laws to require a criminal conviction in most cases and close a loophole allowing state and local police to circumvent the more stringent state asset forfeiture process by passing cases off to the feds. A bipartisan coalition of representatives introduced House Bill 1971 ( HF1971 ) on March 4. The legislation would effectively end civil asset forfeiture in the state and replace it with a criminal procedure. Under the proposed law, prosecutors would not be able to move forward with asset forfeiture proceedings without first obtaining a criminal conviction in most cases. HF1971 also addresses the policing for profit motive inherent in the current forfeiture process. Under the proposed law, forfeiture proceeds would be deposited in the state’s general fund after payment of certain expenses. Under the current law, law enforcement agencie

...from Tenth Amendment Center RICHMOND , Va. (March 27, 2019) – Last week, Virginia Gov. Ralph Northam signed two bills into law that expand the states medicinal cannabis program. Enactment of this law takes another step toward nullifying federal marijuana prohibition in effect. Sen. David Marsden (D-Burke) sponsored Senate Bill 1719 ( SB1719 ). The new law allows medical marijuana patients to designate another person to act as their registered agents for the purposes of receiving medicinal cannabis. This will make it easier for patients in rehabilitation centers, hospice, or those physically unable to drive to obtain medical marijuana. The new law also expands the pool of people authorized to perform marijuana cultivation-related duties. The Senate passed SB1557 by a 39-0 vote . The House approved the measure 98-0 . With Northam’s signature on March 21, the law will go into effect July 1. Sen. Siobhan S. Dunnavant (R-Henrico) sponsored Senate Bill 1557 ( SB1557 ). Under the new

...from Tenth Amendment Center CHARLESTON , W. Va. (March 27, 2019) – Today, West Virginia Gov. Jim Justice signed a bill into law that takes an important first step towards treating gold and silver as money instead of a commodity.  Sen. Craig Blair (R-Martinsburg) introduced Senate Bill 502 ( SB502 ) on Feb. 1. The new law repeals sales and use tax on gold and silver bullion. SB502 defines “investment metal bullion” as “elementary precious metal which has been put through a process of smelting or refining, including gold, silver, platinum, and palladium, and which is in such a state or condition that its value depends upon its content and not its form.” It defines investment coins to include numismatic coins or other forms of money and legal tender manufactured of gold, silver, platinum, palladium, or other metal and of the United States or any foreign nation with a fair market value greater than any nominal value of such coins. The Senate passed SB502 by a  vote of 33-0 . The H

...from Tenth Amendment Center In response to efforts to create a gun rights sanctuary state in Missouri, a prominent gun rights lawyer wrote an article attacking the effort, but got almost nothing right. In this episode of Good Morning Liberty, Michael Boldin goes through the article and refutes the common and even careless and absurd objections made. PODCAST VERSION Subscribe: iTunes | Google Play | Stitcher | Spotify | RSS SHOW LINKS: The Supremacy Clause Smackdown: Good Morning Liberty 02-13-19 Anti-Commandeering, The Legal Basis for Refusing to Cooperate: Good Morning Liberty 02-20-19 Missouri 2nd Amendment Preservation Act Understanding The Supremacy Clause & Why “Federal Nullification Laws” Could Land You In Prison Nullification 1, Brady Campaign 0: Federal Judge Dismisses Suit Against Kansas 2nd Amendment Protection Act Federal Judge Sides with Federal Court Precedent Against Gun Rights in Kansas All Show Archives Here ALTERNATE VIDEO SOURCES Watch on Bi

...from Tenth Amendment Center AUSTIN , Texas (March 27, 2019) – Two bills introduced in the Texas House would take steps toward exempting precious metals stored in the Texas Bullion Depository from certain taxes. Passage of these bills would take another step toward the everyday use of gold and silver in financial transactions in the Lone Star State and undermine the Federal Reserve’s monopoly on money. Rep. Giovanni Capriglione (R-Keller) introduced House Joint Resolution 95 ( HJR95 ) on March 1. If passed, a state constitutional amendment authorizing the legislature to “exempt from ad valorem taxation precious metal held in the Texas Bullion Depository,” would be placed on the November ballot. Ad valorem taxes are levied on personal property. On March 6, Giovanni introduced House Bill 3413 ( HB3413 ). The legislation would exempt the Texas Bullion Depository from the state franchise tax. These are taxes levied on corporations, LLCs, banks, S corporations, partnerships and other

...from Tenth Amendment Center LITTLE ROCK , Ark. (March 26, 2019) – Last week, Arkansas Gov. Asa Hutchinson signed a bill into law decriminalizing the manufacture and possession of firearm suppressors in the state. The new law not only removes a layer of state regulation; it will help foster an environment hostile to federal gun control in Arkansas. Sen. Bob Ballinger (R-Berryville) introduced Senate Bill 400 ( SB400 ) earlier this year. The new law repeals current Arkansas statutes prohibiting the possession, manufacture, transport, repair, or sale of firearm “silencers,” more appropriately referred to as “suppressors.” It also removes a prohibition on a “firearm that has been specially made or specially adapted for silent discharge,” while modifying the prohibition on certain weapons so that a person must “knowingly” possesses or sells them. Suppressors simply muffle the sound of a gun. They do not literally silence firearms. Nevertheless, the federal government heavily regulat

...from Tenth Amendment Center MONTGOMERY , Ala. (March 26, 2019) – Last week, the Alabam Senate passed a bill that would end Common Core in the state. Sen. Del Marsh (R-Anniston) introduced Senate Bill 119 ( SB119 ) on March 19. The legislation would terminate Common Core standards in Alabama and replace them with new standards adopted by rule pursuant to the Alabama Administrative Procedure Act. The new standards for Math and English Language Arts would go into effect in the 2021-2022 school year and would be known as the Alabama Core Standards. The bill would also bar the board from adopting or implementing any other national standards from any source or requiring the use of any assessments aligned with them. On March 21, the Senate passed SB119 by a 23-7 vote . BACKGROUND Common Core was intended to create nationwide education standards. While touted as a state initiative through the National Governors Association (NGA) and the Council of Chief State School Officers (CCSSO),

...from Tenth Amendment Center The Fugitive Slave Act of 1850 counts as one of the most reprehensible laws in American history. But rather than wait for Congress to repeal it, or for the Supreme Court to strike it down, Northern States took action to nullify it in practice and effect. PODCAST VERSION Subscribe: iTunes | Google Play | Stitcher | Spotify | RSS SHOW LINKS: Overview and history Fugitive Slave Act of 1850 Personal Liberty Laws: A Nullification History Lesson Constitutionally Sound: Nullification of the Fugitive Slave Act Nullifying the Fugitive Slave Act The Michigan Personal Freedom Act of 1855 When Nullifiers Were Abolitionists: Vermont vs the Fugitive Slave Act South Carolina Secession: The Truth **Additional links and videos Charles Langston and the Oberlin-Wellington Rescue Joshua Glover Rescue in Wisconsin Jerry Rescue Anthony Burns Story Nullify Chapter 7: Nullifying the Fugitive Slave Act All Show Archives Here ALTERNATE VIDEO SOURCES Wat

...from Tenth Amendment Center The Missouri Second Amendment Preservation Act is beginning to gain some steam. With the establishment senators and governor who got in our way in 2013 & 2014 gone, this may be our year. But it’s going to take a lot of pressure from you in the grassroots to get the job done. Background: Rep. Jered Taylor (R-Republic) introduced House Bill 1039 (HB1039) on Feb. 21. Titled the “Second Amendment Preservation Act,” the legislation would ban any person, including any public officer or employee of the state and its political subdivisions, from enforcing any past, present or future federal “acts, laws, executive orders, administrative orders, court orders, rules, or regulations” that infringe on the right to keep and bear arms. The bill is a companion to Senate Bill 367 (SB367) sponsored by Sen. Eric Burlison (R-Battlefield). If you’d like to get all the details, you  can read our report at this link PLEASE TAKE THE FOLLOWING ACTIONS to support this i

...from Tenth Amendment Center The Electoral College has become a hotly contested issue in American politics with a strong and vocal movement to do away with the institution and instead select the president based on whoever receives the most total votes. In this presentation I gave for Empower U, I explain what the electoral college is, chronicle how the framers of the Constitution came up with this method of selecting the president and how it fits more broadly with the American Constitutional system. I also explain why changing presidential elections to a popular vote would fundamentally alter that system. WATCH ALTERNATE VIDEO SOURCES Watch on Bitchute Watch on YouTube Watch on Facebook FOLLOW and SUPPORT TAC: Become a Member: http://tenthamendmentcenter.com/members/ Email Newsletter: http://tenthamendmentcenter.com/register RSS: http://feeds.feedburner.com/tacdailydigest Brave: Use Brave Browser for Privacy and Help Support TAC YouTube: https://www.youtube.com/user/T

...from Tenth Amendment Center MONTPELIER , Vt. (March 25, 2019) –  A bill filed in the Vermont House would legalize the retail sale of raw milk in the state and take another step toward nullifying a federal prohibition scheme in practice and effect. Rep. John O’Brien (D-Tunbridge) introduced House Bill 480 ( H480 ) on Feb. 28. The legislation would expand the raw milk market in Vermont by legalizing the sale of unpasteurized milk at farmers’ markets and retail establishments. Current law only allows direct to consumer sales on the farm where the milk was produced. Tier 2 producers can deliver raw milk to farmers markets, but only if the sale and financing have been set up beforehand. A second bill ( H481 ) sponsored by Rep. Vicki Strong (R-Irasburg) would take a more limited approach and permit the sale of unpasteurized milk at business cooperatives under a two-year pilot program. Passage of either bill would not only take another step toward opening up the raw milk market in t

...from Tenth Amendment Center MONTGOMERY , Ala. (March 25, 2019) – On Thursday, the Alabama Senate unanimously passed a bill that would abolish marriage licenses in the state and effectively nullify in practice both major sides of the contentious national debate over government-sanctioned marriage. Sen. Greg Albritton (R-Bay Minette) introduced Senate Bill 69 ( SB69 ) on March 5. The legislation would abolish all requirements to obtain a marriage license in Alabama. Instead, probate judges would simply record civil contracts of marriage between two individuals based on signed affidavits. According to the bill summary, SB69 would “eliminate the requirement for solemnization of a marriage for it to be considered valid” and “specify that the judge of probate would have no authority to reject any recording of a marriage, so long as the affidavits, forms, and data are provided. must record certain affidavits, forms, and data regarding the marriage.” On March 21, the Senate passed SB6