Tenth Amendment Remembered

...from Tenth Amendment Center How should the Fourth Amendment’s original meaning be applied to modern technology that was not in existence at the time of the Amendment’s enactment? Many commentators believe this type of question problematic to answer. As Justice Alito quipped some years ago at oral argument, “I think what Justice Scalia wants to know is what James Madison thought about video games.” But in the case of the Fourth Amendment, there is a disciplined way to engage in this inquiry. Here I discuss how the matter should work with respect to two recent cases— Riley v. California  (the search of cell phones when a person is arrested) and  Kyllo v. U.S .  (the use of heat sensors to determine the temperature inside a home—as a means of discovering whether illegal pot is being grown there). In a prior essay , I noted that the Fourth Amendment to the Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonabl

...from Tenth Amendment Center Answering your questions about so-called “2nd Amendment Sanctuaries” in Virginia – plus, learn about other efforts to pass resolutions in cities and states – that have yielded virtually no results for liberty. Path to Liberty. Monday December 30, 2019 PODCAST VERSION Subscribe: iTunes | Google Play | Stitcher | Spotify | RSS SHOW LINKS: JOIN TAC Show Archives Subscribe and Review on iTunes Model Legislation: 2nd Amendment Preservation Act Not all Sanctuaries are Cut from the Same Cloth Virginia 2nd Amendment Sanctuaries: Rhetoric vs Reality Top-5 Reasons to Not Trust Sheriffs: Virginia 2nd Amendment Sanctuary Edition Resolutions: A Starting Point for Thomas Jefferson, James Madison and John Dickinson ALTERNATE VIDEO SOURCES Watch on Brighteon Watch on Bitchute Watch on Twitch.tv Watch on Periscope Watch on DLive FOLLOW and SUPPORT TAC: Become a Member: http://tenthamendmentcenter.com/members/ Email Newsletter: http://tenthamen

...from Tenth Amendment Center HONOLULU , Hawaii (Dec. 30, 2019) – Two bills prefiled in the Hawaii Senate would reform asset forfeiture laws to prohibit the state from taking property without a criminal conviction in most cases. But the legislation leaves a loophole in place allowing police to circumvent stricter state laws by passing cases off to the feds. A bipartisan coalition of 13 senators introduced Senate Bill 1467 ( SB1467 ) last January and it will carry over to the 2020 legislative session. The legislation would implement significant reforms to the state’s asset forfeiture laws, most significantly requiring prosecutors to get a criminal conviction before proceeding with forfeiture proceedings. The legislation would also raise the evidentiary standard the state must meet in order for property to be forfeited from “preponderance of the evidence” to “beyond a reasonable doubt.” Last session, the Senate Judiciary Committee passed SB1467. It will begin the 2020 session in th

...from Tenth Amendment Center RICHMOND , Va. (Dec. 30, 2019) – A bill prefiled in the Virginia House would legalize marijuana for adult use despite federal prohibition. Del. Lee Carter (D-Manassas) filed House Bill 87 ( HB87 ) for introduction in the 2020 legislative session. The legislation would legalize marijuana possession for adults over 21 and create a tax and regulatory scheme for the cultivation and retail sale of cannabis. In effect, marijuana would be taxed and regulated like alcohol in the state. HB87 would also decriminalize possession of marijuana for juveniles, creating civil penalties to replace criminal penalties currently in place. Virginia is considering the legalization of marijuana despite the ongoing federal prohibition of cannabis. EFFECT ON FEDERAL PROHIBITION Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional auth

...from Tenth Amendment Center Is your state destroying your money? Most states are, but several have taken action in the last few years to support sound money. You can find out how your state ranks in the 2019 Sound Money Index compiled and published by the Sound Money Defense League and Money Metals Exchange. The Sound Money Index is the first of its kind, ranking all 50 states using 12 different criteria to determine which states maintain the most pro- and anti-sound money policies in the country. Wyoming, Texas, and Utah emerged as the best states on sound money in the nation. with South Dakota, Alaska, Arizona, New Hampshire, and Washington not far behind. These states have implemented policies that repeal taxes on gold and silver, established gold and silver as legal tender and, make it easier to transact business with sound money. Texas has established a state Bullion Depository . The Sound Money Index evaluates each state’s sales and income tax policies involving precio

...from Tenth Amendment Center With 2020 upon us, Michael Boldin reports on the latest nullification bills for the upcoming legislative session. From mass surveillance – stingray spying, facial recognition and others – to asset forfeiture, prohibition and more. Path to Liberty, Fast Friday Edition: December 27, 2019 PODCAST VERSION Subscribe: iTunes | Google Play | Stitcher | Spotify | RSS SHOW LINKS: JOIN TAC Show Archives Subscribe and Review on iTunes South Carolina Bill Would Ban Warrantless Stingray Spying and Electronic Data Collection Hawaii Bill Would Ban Warrantless Stingray Spying, Take on Federal Surveillance State New Hampshire Bill Would Ban Government Use of Facial Recognition in the State Three and Counting: Northampton Massachusetts Passes Facial Recognition Ban New Hampshire and Missouri Bills Would Allow Customers to Opt Out of Smart Meters, Undermine Federal Program Missouri Bill Would Opt State Out of Federal Asset Forfeiture Program To the Gov

...from Tenth Amendment Center HONOLULU , Hawaii (Dec. 26, 2019) – Two bills up for consideration in the Hawaii legislature would legalize limited raw milk sales in the state and take a step toward nullifying a federal prohibition scheme in practice and effect. A coalition of four Democrats introduced Senate Bill 451 ( SB451 ) last January and it will carry over into the 2020 legislative session. The bill would legalize the distribution of raw milk through herd-share agreements. Under herd-share agreements, consumers pay a farmer a fee for a “share” in either an individual animal, or a herd of cows, goats sheep or other milk-producing animals, In return, the owner of the share can obtain raw milk. On Jan. 30, 2019, the Senate Committee on Agriculture and Environment approved SB451 by a 4-1 vote. Rep. Mark Nakashima (D) filed House Bill 536 ( HB536 ) last January and it will carry over to the 2020 legislative session. The bill would legalize the sale of raw milk and raw milk produ

...from Tenth Amendment Center What is left of a once-free country is slowly being turned into a real-life version of East Germany complete with its own version of the Berlin Wall. The TSA had deployed at least 400 employees and air marshals to our southern border and employees of a major shipping company are volunteering to “work” along the U.S.-Mexico border. As reported by CNN last spring , “TSA plans for the deployments to involve up to 175 law enforcement officials and as many as 400 people from Security Ops, according to two sources and the email.” The article hinted that TSA’s security Ops employees are not your average TSA screeners. “Some Visible Intermodal Prevention and Response, or VIPR, teams are also expected to be deployed, according to the source. These teams are uniformed patrols of busy transportation hubs such as airports and train stations.” But is there more to the story than meets the eye? The head of the TSA’s Security Operations is Darby LaJoy a forme

...from Tenth Amendment Center If nothing else, the impeachment proceedings have encouraged us to think about some interesting hypotheticals.  Here are a few: 1.  Can former Presidents be impeached?  Leading originalist-oriented blogger  Keith Whittington  says yes.  But I am not so sure.  The Constitution does not answer the question directly.  But it seems to contemplate a process focused on  current  officeholders.  Article II, Section 4 (we all now know) says that “The President, Vice President and all civil officers of the United States shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”  Article I, Section 3 says “Judgment in Cases of Impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States…”  Nothing in the text refers directly to impeachment of former officers.  (Professor Whittingtion notes th

...from Tenth Amendment Center HONOLULU , Hawaii (Dec. 26, 2019) – A bill filed in the Hawaii Senate would ban the use of “stingrays” to track the location of phones and sweep up electronic communications without a warrant or court order in most situations. The proposed law would not only protect privacy in Hawaii; it would also hinder one aspect of the federal surveillance state. Sen. Russell Ruderman (D), along with three cosponsors, introduced Senate Bill 465 ( SB465 ) last January and it will carry over into the 2020 legislative session. 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. SB465 would prohibit any state or local agency, including

...from Tenth Amendment Center Some legal commentators argue that the impeachment of President Trump is not valid until Speaker Nancy Pelosi delivers the articles of impeachment to the Senate. Hence, the argument goes, the Senate cannot try the president until after they are delivered. With all due respect, I think this is wrong: As one who has studied, researched, and published on the entire Constitution and constitutional history (including impeachment) for decades, I believe the argument is based on a misunderstanding of how the Constitution works. The Constitution states that the House of Representatives has the “sole Power” to impeach and the Senate has the “sole Power to try.” The Constitution recognizes the office of Speaker of the House, but she is not the House itself—she is only an officer. Nothing in the document gives her a presidential-style veto. Nothing grants her any authority to block, or even suspend, formally-adopted bills or resolutions. On the contrary, if th

...from Tenth Amendment Center TRENTON , N.J. (Dec. 26, 2018) – Last week, the New Jersey Assembly gave final approval to a bill that would impose strict reporting requirements for all asset forfeitures in the state. This legislation would take a first step that could lead to substantive reforms, including closing a federal loophole that allows police to bypass strict state asset forfeiture laws. Sen. Shirley Truner (D-Ewing) introduced Senate Bill 1963 ( S1963 ) with a bipartisan coalition of three cosponsors in February. The legislation would require law enforcement agencies to report extensive details about asset forfeitures in the state including the type and value of property seized and whether someone was charged with a crime when the property was forfeited. It would also require agencies to report all cases adopted by the federal government. The law would require that information to be compiled on a publicly available website. The Assembly unanimously passed S1963 by a 77-0