States Act to Nullify Obama Gun Control
Posted By: Maryhrt [Send E-Mail]
Date: Sunday, 20-Jan-2013 15:25:04
States should not HAVE to act to nullify.
States' authority already supercedes that of the Federal government. Those in
elected positions who do not know that should be removed.
Amendment X - "The powers not delegated
to the United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or TO THE PEOPLE."
The federal government has never had the
authority to make ANY laws governing the PEOPLE. The Constitution is very
clear about the limits of the government. Everything not specifically
delegated was RESERVED FOR THE PEOPLE!!
Judges should not even be called JUDGES. They
are not there to judge. The PEOPLE are the JUDGES. That is why we have Grand
Juries and regular Juries. And Juries have the RIGHT TO NULLIFY any
"law" that they feel is unjust!!! How many people know that? THE
PEOPLE ARE THE ONES WITH THE POWER AND UNTIL WE ALL RECOGNIZE THAT, WE ARE
DOOMED!!!
Government should not even be called
government. The one itself infers that they have superior power to the
People.
They are getting away with all this BS because
people are ill-informed!!!!!
Maryhrt
PLEASE CIRCULATE............
Sent: Sunday, January 20, 2013 8:17 AM
Subject: States Act to Nullify Obama Gun Control
http://www.thenewamerican.com/usnews/constitution/item/14273-states-aim-to-nullify-obama-gun-control
States Aim to Nullify Obama Gun ControlStates
Aim to Nullify Obama Gun Control
Across America, state lawmakers, governors, attorneys
general, sheriffs, and other officials are promising to protect the gun
rights of citizens in their jurisdictions in the face of the most aggressive
assault on the Second Amendment in generations. Indeed, as the Obama
administration’s unconstitutional agenda becomes increasingly transparent —
backed by some Democrats and much of the establishment media — resistance to
further infringements on the right to keep and bear arms is exploding
nationwide.
Numerous bills have already been introduced in
state legislatures, for example, that would nullify unconstitutional federal
gun control and even criminalize enforcement of such lawless restrictions.
Texas, Wyoming, Missouri, Oklahoma, Tennessee, Iowa, and other states are
considering nullification legislation in the wake of Obama’s recent push to
enact gun control by executive decree and proposals sent to Congress. Other
states are expected to join soon, and many have already adopted laws in
recent years protecting guns made and kept within their jurisdictions from
federal regulations.
In Mississippi, Republican Gov. Phil Bryant
sent a letter on Wednesday urging state lawmakers to "immediately pass
legislation that would make any unconstitutional order by the President
illegal to enforce in Mississippi." Citing widespread concerns over “our
sacred rights as Americans,” the governor noted that "several states
have introduced similar measures and I believe will be successful in
preventing this overreaching and anti-constitutional violation of our rights
as American citizens." He also urged citizens to resist any such
presidential decrees, according to news reports.
Among the states that have already introduced
strong legislation to protect gun rights from lawless federal restrictions is
Wyoming, which has one of the most heavily armed populations in America while
enjoying some of the lowest crime rates. State lawmakers there are rallying
behind a bill, which they expect to pass, that would nullify any and all
future infringements on the right to keep and bear arms, including
restrictions on semi-automatic weapons or magazines. Federal officials
attempting to enforce unconstitutional statutes or executive orders would
face felony charges and up to five years in prison.
"We're a sovereign state with our own
constitutional form of government," said Republican state Rep. Kendell
Kroeker, the chief sponsor of the Firearms Protection Act and a strong
believer in both the Wyoming and U.S. constitutions he took an oath to uphold.
"We've got a right to make our laws, and if the federal government is
going to try to enforce unconstitutional laws on our people and take away the
rights of Wyoming citizens, then we as a state are going to step up and make
that a crime."
Following Wyoming’s lead, lawmakers in Texas,
South Carolina, Tennessee, Indiana, and other states all filed similar
nullification legislation designed to put the federal government in its place
on the gun rights issue. Legislators say that with the increasingly out-of-control
federal government running wild and threatening to restrict the
constitutionally guaranteed rights of citizens, it is time for states to take
action and re-assert their sovereignty.
“It’s our attempt to push back on the federal
government’s ever increasing encroachment, not only on our personal liberties
but on our state sovereignty, and this is what we’re going to do,” said
Tennessee state Rep. Joe Carr during a press conference on his legislation to
criminalize enforcement of the Obama administration’s anti-Second Amendment
schemes. “We’ve had enough and enough is enough. We’re tired of cheap
political antics, cheap props using children as bait to gin up emotional
attachment for an issue that, quite honesty, doesn’t solve the problem.”
In Texas, famous for its independent-minded
citizens and its relative respect for gun rights, state officials are also
stepping up to the plate. State Attorney General Greg Abbott, for example,
noted that the proposals being discussed in Washington, D.C., are unconstitutional
and should be treated as such. Citing Supreme Court rulings on gun rights,
the state’s chief law enforcement officer promised to take the infringements
to court and get them thrown out. Gov. Rick Perry, meanwhile, also jumped on
the Second Amendment bandwagon, slamming Obama and his allies in the media
for exploiting dead children to advance an unconstitutional agenda.
State lawmakers in the Lone Star State are
taking concrete action in defense of citizens’ rights, too. “We can no longer
depend on the federal government and this administration to uphold a
Constitution that they no longer believe in,” said state Rep. Steve Toth, who
recently introduced a bill to nullify federal restrictions on gun rights and
charge anyone trying to enforce them with a felony. “The liberties of the
People of Texas and the sovereignty of our state are too important to just
let the federal government take them away. The overreach of the federal
administration’s executive orders that are do not align with the Constitution,
are not very popular here in Texas.”
One state, however, is standing above even
Texas. Analysts say that legislation filed in Missouri by Republican state
Rep. Casey Guernsey with over 60 co-sponsors, known as the Second Amendment
Preservation Act, appears to be among the strongest bills at this point. If
passed, it would nullify any and all federal acts, orders, laws, statutes,
rules, or regulations purporting to limit or restrict access to personal
firearms, accessories, and ammunition. Any federal official caught attempting
to enforce such unconstitutional rules in the state would be charged with a
class D felony, facing up to four years in prison upon conviction.
The Tenth Amendment Center, which advocates
state nullification of all unconstitutional federal statutes, celebrated the
legislation in Missouri and called on other state governments to join the
movement. The non-profit organization, citing history and the Constitution,
insists that it is the duty of state officials to uphold their oath of office
and protect the unalienable rights of citizens — especially with the federal
government becoming increasingly lawless and unhinged.
“When you’ve got people like Feinstein talking
about major bans and Biden telling us that all they need is an executive
order, you know these folks are willing to go all the way. So, it’s good to
see these folks in Missouri go all the way as well, all the way in support
the 2nd Amendment without any ifs, ands, or buts,” said Mike Maharrey, the
Tenth Amendment Center’s national communications director. “The feds have
absolutely zero constitutional authority to make any laws over personal
firearms. Period.”
The principle of nullifying unconstitutional
federal activities goes back to the earliest days of the republic, when
Founding Fathers like Thomas Jefferson invoked it. Throughout American
history, though, it has always been around. The state of Wisconsin, for
example, nullified a federal statute purporting to require that runaway
slaves be returned to their masters.
Numerous constitutional scholars have studied
the issue, and in recent years, the concept has exploded into the public
consciousness, with even big government-oriented Americans nullifying
unconstitutional federal power grabs. Some 18 states have nullified federal
drug statutes by legalizing marijuana for medical purposes, for instance.
Colorado and Washington State recently legalized the controversial plant even
for recreational use — all in open defiance of clear federal dictates.
Conservatives, meanwhile, are increasingly
relying on nullification as well, targeting everything from ObamaCare to the
latest round of gun-control scheming. In a recent article for The New
American on Missouri’s efforts, liberty-minded attorney Joe Wolverton, an
expert on nullification, explained the foundation — both legal and historical
— for state actions nullifying unconstitutional federal power grabs.
“Nullification is a concept of constitutional
law recognizing the right of each state to nullify, or invalidate, any federal
measure that exceeds the few and defined powers allowed the federal
government as enumerated in the Constitution,” he explained. “Nullification
exists as a right of the states because the sovereign states formed the
union, and as creators of the compact, they hold ultimate authority as to the
limits of the power of the central government to enact laws that are
applicable to the states and the citizens thereof.”
While states pursue nullification, county
sheriffs nationwide have also promised not to comply with new gun control,
with more than a few chief law enforcement officers pledging to actively
prevent the enforcement of such measures in their jurisdictions. At the
federal level, of course, lawmakers who take their oath of office seriously
are working to stop the administration’s anti-gun rights machinations as
well, with Sen. Rand Paul (R-Ky.) working to push a bill targeting “King”
Obama’s executive orders. Some Republicans in the House have even put
impeachment on the table.
Despite the intense efforts to infringe on the
right to keep and bear arms being led by the Obama administration and some
Democrats in Congress and amplified by their allies in the press, the
anti-constitutional push may be backfiring, according to analysts. Aside from
renewed interest in nullification, recent polls show two out of three
Americans understand that the Second Amendment was added to the Constitution
to protect the people from tyranny — not for “hunting” or “sporting”
purposes, as citizen-disarmament advocates continue to suggest.
Much of the state-level resistance is
currently focused on stopping unconstitutional gun control, but the awakening
taking place nationwide is increasingly expanding to other areas as well. As
the federal government continues to lawlessly expand its size and scope far
beyond constitutional limits — targeting more and more of the people’s rights
in the process — activists from all sides of the political spectrum will
increasingly rely on nullification. And if the anti-constitutional trends out
of Washington, D.C., continue, a showdown between states and the feds will
become imminent.
Alex Newman is a correspondent for The New
American, covering economics, politics, and more. He can be reached at anewman@thenewamerican.com This
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