Free Republic

Senator Diane Feinstein (D-Calif.) said that Congress has the authority to mandate that people buy health insurance and that there is no constitutional limit on Congress’ power to enact such mandates, adding that this unlimited authority stemmed from the Commerce clause of the Constitution. And apparently 59 other Democrat senators agree with her. It is my understanding that the intent of the commerce clause is to assign the responsibility of regulating commerce (the transportation and trading of goods with foreign Nations, and among the several States, and with the Indian Tribes) to the central government, taking the law-making responsibility for...

FAIRBANKS - A Fairbanks lawmaker has proposed the Alaska Firearms Freedom Act, which seeks to stop the federal regulation of guns and ammunition made and sold within Alaska. Republican Rep. Mike Kelly said federal rules should only apply to firearms sold across state borders, where the U.S. government has constitutional authority to regulate interstate commerce. The bill easily passed the state House of Representatives in April after picking up 11 co-sponsors. It now sits before the Senate Judiciary Committee. Its chairman, Sen. Hollis French, D-Anchorage, said he will schedule a committee hearing this winter. The bill could place Alaska into...

The Superhighway to Serfdom 23. Dec, 2009  Written by: Brian Roberts Comments (6) In 1944, nobel prize winning economist F.A. Hayek wrote The Road to Serfdom to describe the typical path tyrants use to lead free people from freedom to servitude. It’s not as long of a road as you might expect. In fact, it’s easy to see that America is on it and the pedal is to the floor. If you haven’t seen the illustrated road to serfdom, spend 5 minutes here: http://mises.org/books/TRTS/ (I’d guess we’re probably on step 9 or so.) The founder’s were fully aware of the road...

Self-Evident Truths: Sen. Dianne Feinstein says it comes under the Commerce Clause. Rep. Steny Hoyer says it's mandated by the "general welfare" clause. Despite liberal wishes, health care is not a right. The "living Constitution" that Democrats and their court appointees have given us may be the death of our freedoms. Their constitution adapts to the times and serves the whims of the elitists. The Constitution is supposed to limit government powers. It does not allow government to do anything it feels like doing. Cass Sunstein, the head of the Office of Information and Regulatory Affairs, is the author of...

Looks like the steadily growing list of constitutional, ethical and political outrages that constitute the Harry Reid version of Obamacare is sparking a rebellion in the states, as AP reports South Carolina's attorney general plans to investigate the vote-buying that surrounded the proposal in the Senate majority leader's office. According to AP, South Carolina's Henry McMaster is being joined by the attorneys general of Michigan and Washington state in a suit to determine the constitutionality of the Obamacare proposal. Their initiative was prompted by a request from South Carolina's two senators, Lindsay Graham and Jim DeMint, both Republicans. Attorneys-general in...

Looks like the steadily growing list of constitutional, ethical and political outrages that constitute the Harry Reid version of Obamacare is sparking a rebellion in the states, as AP reports South Carolina's attorney general plans to investigate the vote-buying that surrounded the proposal in the Senate majority leader's office. According to AP, South Carolina's Henry McMaster is being joined by the attorneys general of Michigan and Washington state in a suit to determine the constitutionality of the Obamacare proposal. Their initiative was prompted by a request from South Carolina's two senators, Lindsay Graham and Jim DeMint, both Republicans. Attorneys-general in...

At least 10 states are now raising questions about the legality of the deal that Senator Ben Nelson, a Democrat, cut for his home state of Nebraska during the health care negotiations. Under the agreement, which is on the verge of being approved Thursday by the Senate, Nebraska is permanently exempt from paying for its expansion of Medicaid, shoving that cost onto taxpayers in every other state. Mr. Nelson was able to exercise such leverage because in exchange, he was providing the magical 60th vote that Democrats needed to advance their health care bill. The deal has enraged other Senators,...

Senate Democrats have been defending a deal they cut with Sen. Ben Nelson, D-Neb., to gain his vote for their health care bill. The provision calls for the federal government to fund the entire cost of expanding Medicaid in his state. Senate Republicans have slammed the provision as unfair because other states, including Texas, would have to shoulder part of the cost of expanding Medicaid to cover millions of uninsured people. Now Texas Attorney General Greg Abbott, joined by Republican AGs in six other states, is questioning whether such a deal is constitutional. In a statement released late Tuesday, Abbott...

Tennessee State Representatives Susan Lynn (R-Lebanon) and Debra Young Maggart (R-Hendersonville) asked Tennessee State Attorney General Robert Cooper to prepare to take the appropriate legal action against the federal government in the event HR 3200, the controversial federal healthcare reform legislation, passes into law. The legislators requested this action in order to grant Tennessee relief from the unfunded mandate contained in the bill that Tennessee complies with the expansion of the federal Medicaid program.

OKLAHOMA CITY - The voters of Oklahoma will have the opportunity to preserve the existing health care system in Oklahoma under legislation sought by three state legislators. State Reps. Mike Ritze and Mike Reynolds and state Sen. Randy Brogdon announced today that they will file legislation enacting the "Freedom of Healthcare Choice Act," allowing voters to preserve the existing healthcare system in Oklahoma regardless of congressional action at the federal level. The legislation will allow a vote of the people to opt out of the proposed federal system. "It's clear the overwhelming majority of Americans want the current doctor-patient relationship...

Alex Robinson wants his assault rifles on foreign battlefields and Utah gun racks alike, so a proposed Firearms Freedom Act exempting local-only sales from federal regulation isn't a game changer at his Salt Lake City machine shop. Then again, Utah is gun country. Armed self-defense true believers see life and death in every constitutional affront. Many applaud a message bill that would preclude federal regulation of any guns made, sold and kept within state lines -- even as they acknowledge that such a law's prospects in federal court are dubious. "There's absolutely no reason Utahns should be subject to some...

...Anger and opposition to Washington's policies and edicts--no matter now egregious--hardly ever translate into anything beyond words of frustration. And Washington politicians don't pay much attention to rhetoric--not even their own. You see, the wizards in Washington and on Wall Street have us figured out. Along with their compatriots in the propaganda press corps, they know that no matter how loudly we scream, how much we protest, or how angry we become, the system is rigged to protect them. The best we the people can seem to come up with is "throwing the bums out" every two or four years....

Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor...

(snip) Nationwide, education reform advocates are recognizing the importance of strong leadership in schools and looking for ways to promote it to ensure that all students receive a high-quality education. One organization that has helped teachers become more effective through a rigorous national certification program now plans to offer similar training to principals and "teacher leaders," which could create a pool of administrators who are role models for others. The certification program, offered by the National Board for Professional Teaching Standards, is an offshoot of the board's 20-year-old certification for teachers and counselors. (snip) The board has identified nine core...

Missouri may be joining the coalition of states standing up for the 2nd and 10th Amendments Related Articles * Gun fight with the feds in Big Sky Country * Montana throws down the federal gun-control gauntlet * Montana's stand for 2nd and 10th Amendments * Medical marijuana and guns: The Obama administration's split personality on state sovereignty * The Brady Campaign against state sovereignty Missouri State Representative Cynthia Davis (R-19th District) has pre-filed (introduced for the 2010 session, in other words) Missouri House Bill 1230, the "Firearms Freedom Act." Here's the summary: This bill establishes the Missouri Firearms Freedom Act....

The February 2010 issue of GUNS Magazine is online, and a letter by NRA Life Member David Lundeen regarding my Firearms Freedom Act "Rights Watch" column caught my eye. He cited the September 2009 issue of their American Hunter magazine, and observed: [I]t is clearly stated “Firearms Freedom Act “ supporters have never planned to test these laws in criminal cases, and no one who puts himself in that situation should expect support from the NRA.” It's true. I'm a Life Member and get American Rifleman, and it's on page 18. Their rationale? [T]his kind of litigation faces major obstacles–mainly...

Missouri State Representative Cynthia Davis has introduced the “Firearms Freedom Act” (HB1230) – prefiled for the 2010 legislative session. The bill “Asserts the right of the State of Missouri to regulate the intrastate use and acquisition of certain firearms pursuant to the reserved powers of the state over intrastate commerce and the Second Amendment right to keep and bear arms.” While the bill’s title focuses solely federal gun regulations, it has far more to do with the 10th Amendment’s mandate that powers not delegated to the federal government are “reserved to the states, respectively, or to the people.” It states:...

The Montana Firearm Freedom Act was signed into law in October of this year. Here is a recent update: http://www.montanasnewsstation.com/Global/story.asp?S=11610180. So how does this apply to Texas right now and in the near future?One of the strategic goals of the 10th amendment movement is the passage of a firearms bill in as many states as possible. The “Firearm Freedom Act” bills state that firearms manufactured in a state that are not sold or transferred across state lines are not subject to federal gun laws. In general, federal guns laws are based on the “commerce” clause in the Constitution. This means...

This summer, legislators from several states met to discuss the steps needed to restore our Constitutional Republic. The federal government has ignored the many state sovereignty resolutions from 2009 notifying it to cease and desist its current and continued overreach. The group decided it was time to actively counter the tyranny emanating from Washington D.C. From those discussions it became clear three things needed to happen. 1. State Legislatures need to pass 10 key pieces of legislation “with teeth” to put the federal government back in its place. 2. The people must pass the legislation through the Initiative process if...

Al Gore, Deal or No Deal 24. Nov, 2009 Comments (5) Hey, Al Gore – you and the rest of the global warming zealots might want to reconsider your plans for forcing the Cap and Trade bill through. It was pretty easy to conclude that man-made global warming was a lie in the first place, but now  your own “scientists” (yes, that is in quotes) have been caught fixing numbers, conspiring to erase emails and hiding data showing declining global temperatures. In other words, fabricating data to make sure the results fit the global warming agenda. That’s not science, but...

Missouri State Sen. Jane Cunningham (R-Chesterfield) drew much applause Saturday afternoon when she informed the crowd at the Million Med March about the Health Care Freedom Act she is going to introduce soon in the Missouri Senate.

During the Constitutional Convention, from May to September 1787, delegates from the colonies were to gather together for the express purpose of amending the Articles of Confederation to form a “more perfect union” (NOT a completely different union!). The men that met in Philadelphia, Pennsylvania, were under direct and limited orders from their states to attend the Federal Convention explicitly to preserve the federation and State rights and to correct the errors of the existing federal government for the limited purposes of handling foreign affairs, commerce among the states and common defense. Yet, during that private and secret convention, there...

In states around the country, there’s a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment. Already being considered in a number of state legislatures, and passed as law in Montana and Tennessee this year, the Firearms Freedom Act (FFA) is a state law that seeks to do just that. The latest to join the FFA movement? Kentucky. Pre-filed for the 2010 legislative session, HB87 seeks to “Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky,...

We are on the edge of a vast storm that is blowing wind in all directions. The winds are blowing dangerous objects all about like a many headed hydra; Healthcare Reform, Card Check, Financial Industry takeover, GM takeover, Stimulus Bill, Cap and Trade, earmarks. We are all concerned about our safety and our future, especially the future of our loved ones. We are beginning to see that the one thing that was constructed to save us (the U.S. Constitution) has been distorted, manipulated and ignored. The federal government which was sworn to uphold and protect that construction has morphed into...

Health Care Reform: Failure to buy health insurance in the just-passed health care bill could get you five years in jail with a $250,000 fine. How can violating a law that's unconstitutional be a felony? The passage last Saturday night of the House health care measure by a fragile 220-215 margin may well prove to be a Pyrrhic victory. In polls, townhall meetings and tea parties, Americans have shown they don't want a "reform" that costs a staggering $1.2 trillion yet fails to meet the left's desire of insuring all the uninsured. And they certainly don't want a bill that...

"I am urging Governor Perry today to call the Texas Legislature into special session. I am encouraging Attorney General Abbot to begin the work necessary to obtain an injunction against the IRS and the 111 other federal agencies empowered in this legislation to further embed Washington D.C. in our lives. These actions are critical to insuring that Texans are free to make our own decisions about healthcare” stated Medina.

Brady Campaign's Dennis Henigan seems to have problems understanding this document. The Brady Campaign's Dennis Henigan is apparently as unimpressed with the 10th Amendment as he is with the 2nd. This can be seen by his reaction to passage in Tennessee and Montana (and consideration elsewhere) of bills that would exempt firearms, ammunition, and firearm accessories made and sold within the state, from federal gun laws. That reaction is one of fussy disapproval. We know that individuals can defy the law. Can a state legislature defy the law? When it comes to the gun issue, apparently it can.I refer to...

It is no surprise that America's renewed focus on the separation between state and federal authority has created an almost hysterical rage on the Left. Collectivist ideologues are always necessarily threatened by divisions of power. But rather than shame dissenters into silence with labels like "tenther," the disdain shown by the political class and its sycophants for the Constitution has only heightened the growing tension between those in America who desire absolute central government, and those who still believe in the federalism and freedom of our founding.

Does the U.S. Constitution stand for anything in an era of government excess? Can that founding document, which is supposed to restrain the power and reach of a centralized federal government, slow down the juggernaut of czars, health insurance overhaul and anything else this administration and Congress wish to do that is not in the Constitution? The Framers created a limited government, thus ensuring individuals would have the opportunity to become all that their talents and persistence would allow. The Left has put aside the original Constitution in favor of a "living document" that they believe allows them to do...

Montana this month issued its first license for an industrial hemp-growing operation to a woman who said she wants to develop a domestic market for the plant despite federal law barring its cultivation. Laura Murphy, of Bozeman, was the first to apply for the two-year license since the state Legislature approved hemp's commercial cultivation in 2001. Federal law prohibits such activity, but the license issued by the Montana Agriculture Department on Oct. 14 could challenge whether the U.S. Drug Enforcement Administration is willing to override the state. Hemp is similar to illegal marijuana but without the mind-altering ingredient of the...

Tennessee is urging 49 other states to come together and create a "joint working group between the states" to combat unconstitutional federal legislation and assert state rights. Tennessee Gov. Phil Bredesen signed HJR 108, the State Sovereignty Resolution on June 23. According to the Tenth Amendment Center, the resolution created a committee to form a joint working group between the states to enumerate the abuses of authority by the federal government and seek repeal of imposed mandates. State Rep. Susan Lynn recently wrote a letter to the other 49 state legislatures, inviting them to join the group and warning that...

Although I don’t expect the state sovereignty movement to get a fair hearing over at Daily Kos, the total historical ignorance and vacuous credulity of some liberals never ceases to amaze me.A recent post, which purports to offer intellectual firepower capable of refuting the arguments of “tenthers,” essentially states that “Everything the federal government does is constitutional because the federal government says so.”Observe: Obviously Medicare, Social Security, and the Air Force (yes, I’ve had tenthers tell me the Air Force is unconstitutional) are legal because we’ve had them for decades without being struck down by the Supreme Court. Obviously. Except...

By now we have all heard the cliches and seen the posters from the “Tea Parties” espousing freedom, less government, and perhaps most of all, how the federal government had better back off trying to shove their national healthcare down our otherwise healthy throats. The truth of the matter is all the slogans of “Don’t Tread On Me” or “Give Me Liberty Or Give Me Death” or “We’re Mad As Hell And We’re Not Taking It Anymore,” don’t mean a thing when compared to reality; the real and actual answer to all the protests, marches, and outrage. The answer is...

I'm going to go back to this quote by Barney Frank of the US House, because it says everything those in state and local governments need to know: Barney Frank, the Massachusetts Democrat who is chairman of the House Financial Services Committee, said in an interview that the defaults were, in essence, worth it. “I don’t think it’s a bad thing that the bad loans occurred,” he said. “It was an effort to keep prices from falling too fast. That’s a policy.” Got it? It's a policy to screw the state and local governments. Huh, you say? It's simple, really:...

On Fox Business News, Governor Perry spoke at length with host David Asman about the relative economic and fiscal strength of Texas, even in these tough times. Governor Perry reiterated his five keys to success, including: 1. Don't spend all the money. 2. Keep the taxes low. 3. Make sure the regulatory climate is fair and predictable. 4. Tort reform to prevent frivolous lawsuits. 5. Fund an accountable education system to produce a skilled workforce. Because Texas has been fiscally responsible, Texas is still succeeding: Fox Business Interview (Video) The Governor also spoke out against cap and trade, which would...

A Montana lawsuit filed on Thursday challenges federal authority to regulate guns manufactured and sold within the state, an argument that would effectively invalidate federal firearm laws in Big Sky Country if adopted by the courts. The lawsuit arose out of a state law signed by Democratic Gov. Brian Schweitzer that took effect on October 1. It says that firearms, ammunition, and accessories manufactured entirely inside Montana are not subject to federal regulation, including background checks for buyers and record-keeping requirements for sellers. They would remain subject to state regulation, and machine gun manufacturing is not permitted. This is part...

The following article is from the June 1950 issue of analysis, vol. VI, no. 8, and was reprinted on LewRockwell.comThe Constitution that came out of the Philadelphia convention in 1787 was not acclaimed a “divine document.” On the contrary, the folks were rather skeptical about it and made ratification difficult. Yet there was no organized opposition. The Constitution simply ran head on into the individualism that had defied the arrogance of British Toryism. The backcountry, which started at the outskirts of the few seaboard cities, was as suspicious of a national government as if been hostile to foreign intervention. It...

ST. PAUL — In more than a dozen statehouses across the country, a small but growing group of lawmakers are pressing for state constitutional amendments that would outlaw a crucial element of the health care plans under discussion in Washington: the requirement that everyone buy insurance or pay a penalty. Approval of the measures, the lawmakers suggest, would set off a legal battle over the rights of states versus the reach of federal power — an issue that is, for some, central to the current health care debate but also one that has tentacles stretching into a broad range of...

NASHVILLE - The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told Tennessee gun dealers to disregard a state statute that exempts firearms made and sold inside Tennessee from federal gun laws and registration. The ATF says the federal laws still apply regardless of the state's move. The Tennessee legislature considered and approved several bills this year to reduce restrictions on firearms, including one bill that its sponsors labeled the "Tennessee Firearms Freedom Act." It passed overwhelmingly, the House 87-1 and the Senate 22-7, despite warnings by some lawmakers that it could subject Tennessee citizens to federal prosecution and...

There’s a growing movement on the part of states to override federal laws and regulations under the 10th Amendment, which reserves powers to the states not delegated to the federal government. So far, the battle lines have been drawn at Real ID, medical marijuana and firearms, but federally mandated health insurance may not be far behind. State sovereignty resolutions were introduced in 37 states this year; seven passed. Although the resolutions are not legally binding, Tenth Amendment Center founder Michael Boldin said they “serve notice” that states will no longer automatically enforce federal mandates in areas they believe the central...

Q: What is the AmericaAgain! project; what is its purpose? A: It’s a private charitable trust whose purposes are: a) We The People exercising our right of self-government by enforcing the U.S. Constitution in the courts of the sovereign States as has always been our duty; b) drafting and enacting reform legislation to serve the People, not corporate or socialist interests; and c) lawfully spreading Tax Honesty to shrink federal government by the power of the purse.

Federal Powers: Where in the U.S. Constitution does it say the government can force people to buy health insurance? And by what authority does it prohibit the purchasing of insurance across state lines?A key part of the administration's plan to reform health care is what is called the "individual mandate" — a requirement that everyone must have health insurance either through his or her employer or purchased individually. A good chunk of the uninsured are that way of their own volition. They are young and healthy and feel they have better things to do with their money at this point...

Millions of Americans are marching, blogging, calling Congress, E-mailing friends, and writing to newspapers to say that President Obama and Congress are expanding government too far, too fast. We need to do more, because it’s clear that they’re not getting the message. The latest example: the House of Representatives is preparing to put the Department of Education into the business of creating educational curriculum for American students. This week the House is scheduled to approve H.R. 3221, an education lending bill that CBO reports will increase the deficit by $50 billion. The bill includes a little-known provision to give...

MEDIA FAIL: MSNBC says the 10th amendment is "a bunch of baloney" YouTube Video

In one of the more profound pronouncements of the gubernatorial campaign so far, Ron Ramsey declared last week that Tennessee is "an island of sanity" in a nation that is headed in a frightening direction. Then he added: "The 10th Amendment means the 10th Amendment." This remark got a "hearty round of applause" at one of those anti-Washington rallies that have come into fashion since Barack Obama moved into the White House, according to a Kingsport Times-News report on the event. As a matter of rhetorical flourish, of course, this is also reminiscent of Ramsey's predecessor at lieutenant governor and...

That according to brilliant constitutional scholar MSNBC's David "biased in favor of facts" Shuster, who matter-of-factly insists the "general welfare" clause in Article 1 of the Constitution "unambiguously authorizes" social welfare spending like "social security, Medicare, veterans' care, etc." Shuster made his comments today shortly after 4:30 p.m. EDT in reaction to Minnesota Gov. Tim Pawlenty (R), who recently suggested that Tenth Amendment grounds could be a means of opposing as unconstitutional certain Democratic health care proposals.

On a Thursday night Republican Governors Association conference call with conservative activists, moderated by Erick Erickson of RedState, Gov. Tim Pawlenty broached the possibility of “asserting the 10th Amendment” to keep Minnesota from fully participating in a health care plan passed by Congress and signed by President Obama. The 10th Amendment reads:

The Pro-life Debate Between Bill Johnson and Rand Paul-- 10:10am, EST 9.02.09Press release from Bill Johnson's Senate Campaign... The Bill Johnson for U.S. Senate Campaign continues to run a low cost and fiscally responsible campaign.  Rand Paul, a doctor, and Trey Grayson, a lawyer, are engaged in a battle about who can raise and spend the most money in a primary campaign.  This conflict is typical Capitol Hill politics where tax and spend is the norm.  How much money is enough?  Instead of focusing on bank accounts, Johnson is concerned about Mr. Paul’s position on abortion as stated at the...

The agony of the San Joaquin Valley farmers continues. They’re losing their homes and life savings because the lunatics in the Environmental Protection Agency (EPA) and a heartless judge care more about a fish than human beings. The EPA has dammed off 90% of the Valley’s water supply because they want to protect the Delta Smelt. The Obama Administration simply doesn’t give a damn that they are killing these people. This can end today if California Governor Arnold Schwarzenegger stops wimping out, man’s up and acts decisively. If Schwarzenegger shows the fighting spirit that made him a champion body builder...

The arguments against the power of the states to arrest federal tyranny are as predictable as the sun coming up in the morning, and they are as philosophical in nature as the Declaration of Independence. One of the most commonly used arguments against such a State power is the United States Supreme Court (US S CT) dicta opinion in Marbury v. Madison in 1803, written by Chief Justice John Marshall. Before getting into the misunderstandings and misapplications of that infamous decision, we must first recognize the source and character of Marshall's opinion. As Marshall himself admitted that the US is...