Tag Archives: nullify

Another State Looking to Block Feds from Impeding on Gun Rights

Despite the tragic event in Newtown, Connecticut over a year ago, the push for gun control has been nothing of what leftist anti-gun advocates hoped for. While taking advantage of the Newtown tragedy by introducing legislation the thought of actually succeeding in passing law was shaky for political bobble heads. Although states like Maryland and New York passed gun restrictions, other states nullified gun laws.

Now, states are looking to capitalize on “pro-choice” efforts in regard to gun ownership. Instead of simply working within their own legislative state bodies, Missouri is looking to influence its neighbors nearby as well, and of course, working to pass nullification as well. Missouri is hoping that by passing law, which blocks particular federal gun restrictions, others like Arkansas will continue to do the same work.

The AP reported, “Missouri’s latest proposal, introduced this past week, would attempt to nullify certain federal gun control regulations from being enforced in the state and subject law enforcement officers to criminal and civil penalties for carrying out such policies.”

“We continue to see the federal government overreach their rightful bounds, and if we can create a situation where we have some unity among states, then I think it puts us in a better position to make that argument,” Missouri Senator Brian Nieves explained to reporters.

Breaking: TN Legislators Push New Bill To Nullify Obamacare

TN legislators meet to introduce legislation that will nullify Obamacare.
TN legislators meet to introduce legislation that will nullify Obamacare. Photo Credit: Tenth Amendment Center

NASHVILLE, Janurary 15, 2014– Tennessee state lawmakers are pushing a  new piece of legislation, which if passed, will gut the implementation of Obamacare in the state.

Sen. Mae Beavers (R – Mt. Juliet) and Rep.Mark Pody (R-Lebanon) announced Monday that they will sponsor bills to resist implementation of the Patient Protection and Affordable Care Act in Tennessee. Based on similar legislation already introduced in Georgia (HB707) and model legislation drafted by the Tenth Amendment CenterSB1680 and its House companion bill would prohibit any cooperation by the state or its agencies in implementing or administering the federal health care program.

From the bill:

“No powers, assets, employees, agents or contractors of the state, including any institution under control of the University of Tennessee or the Tennessee board of regents, or any political subdivision, municipality or other local government entity shall be used to assist in implementing the federal Patient Protection and Affordable Care Act of 2010, or any subsequent federal amendment to such act…”

Tenth Amendment Center national communication director Mike Maharrey says.

“The federal government has no constitutional authority to create or run a national health care system. On top of that, why would you want them to? Why would you want a monopoly on healthcare, any more than you would want a monopoly on grocery sales? Especially a monopoly run by an entity as incompetent as the federal government,” he said. “We know the feds counted on the states to do the heavy lifting. We know the number of states refusing to create exchanges created problems. If enough states simply say, ‘No,’ this monstrosity will collapse under its own weight.”

South Carolina legislators spoke Monday at a rally in support of their own Obamacare nullification legislation. The crowd swelled to more than 400 in the cold rain. Senators Tom Davis and Lee Bright spoke alongside Matt Kibbe (President of DC think-tank, Freedom Works) and Rep. Bill Chumley.

The Tennessee bill will effectively nullify Obamacare.

“This action, especially in conjunction with similar steps being taken in other states, has the effect of nullifying ObamaCare,” he said. “If the feds cannot even build an appropriate website or keep their promises to consumers, they will be extremely hard-pressed to implement the other provisions for this program within our boundaries,” said Pody.

Georgia, South Carolina and now Tennessee are among the many states taking new measures to block the federal healthcare law.

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(VIDEO) South Carolina expects to pass model legislation to gut Obamacare, FreedomWorks asks other states to follow

Republican lawmakers led a rally to gain support for a bill that would essentially kill Obamacare. State senator Tom Davis (R – District 46) believes that not only will the bill pass, it will become model legislation for other states to eliminate Obamacare.

Matt Kibbe, President of FreedomWorks, said, “I’m honored to be at the South Carolina state house where the front lines in the fight against Obamacare is happening right now. We can nullify Obamacare, we can defund it, we can stop it, but it has to happen from the bottom up. It has to be done in states like South Carolina that is leading the fight. Already 36 states have refused to implement Obamacare exchanges. 21 states have refused to accept the Medicaid money. I’m asking other states to take on this fight after South Carolina succeeds to stop Obamacare in its tracks.”

As previously reported, Judge Andrew Napolitano said South Carolina has the Constitutional right to pass a bill that would essentially gut or eliminate Obamacare. The bill, entitled “South Carolina Freedom of Health Care Protection Act,” was voted on and passed by a 65-34 vote in the state House of Representatives last April. Now, it moves on to the Republican-controlled state Senate that will be fast-tracked and could quickly be signed into law by South Carolina Governor Nikki Haley.

Davis will be introducing stronger language to the House version of the bill. The bill rejects the federal grants, imposes a thousand dollar penalty for any violation of the act, and applies anti-commandeering to all of Obamacare. See document below.

Davis told hundreds of activists at the state house, “States aren’t subdivisions to help the federal government carry out the law.”

“We take hundreds of millions of dollars from the federal government and forfeit our liberties. That money the federal government gives us comes with strings attached. And those strings go from Columbia to Washington DC so they can play us like puppets,” said Davis.

What this bill does is say: “sorry we don’t want your grants, we don’t want your money, we don’t want your bribes. We are going to turn it away and recover our sovereignty and our liberty,” he added.

Democrats are not happy with the Republican’s bill, though. Democrats held a separate rally to gain support to stop the anti-Obamacare bill.

Neil Jones, a pro-Obamacare activist, told Benswann’s Joshua Cook, “single payer system would be the most efficient way to do it. Obamacare has it’s flaws, but it’s the best we can do given the political realities.”

Cook asked, “Some say that Obamacare is just a way for insurance companies to use the government to force people to buy insurance to increase corporate profits. Do you agree with that?”

“I would agree with that,” said Jones, “that’s why I’m in favor of universal healthcare. Single payer.”

Democrats believe that Medicaid expansion will help the poor and stimulate economic growth.  Republican senators like Davis disagrees, though. Davis said that expanding Medicaid rolls to 1.6 million will eventually bankrupt the state.

“Sooner or later that federal faucet is going to turn off and the money is going to dry up and you’re going to pay that bill,” said Davis.


Senate — H 3101 — Revised Anti-commandeering amendments


Idaho Town Does the Honors of Banning Federal NDAA Indefinite Detention

Detaining Americans indefinitely, without trial, through the use of military force is well established. Every year since its inception in 2012, President Obama has re-extended the provisions. The idea of American military members detaining you without a trial, for an indefinite amount of time, is eye opening to some, and that’s exactly why states have begun to slowly but surely nullify federal detention.

The state legislature isn’t the only body that can reject NDAA powers. There are also the county bodies: both the states along with their divided counties have been on the offensive. Having success most recently are Idaho’s council members in Emmett who passed NDAA-blocking legislation by a count of 5 to 1. The “Restoring Constitutional Governance Resolution” effectively rejects the enforcement of indefinite detention.

Emmett’s legislation recommends to the Idaho state body a similar legislative bill that would bar federal officials from detaining an Idahoan without trial. The resolution states, “…it is unconstitutional, and therefore unlawful for any person to: a. arrest or capture any person in Emmett, or citizen of Emmett, within the United States, with the intent of “detention under the law of war,” or b. actually subject a person in Emmett, to “disposition under the law of war,” or c. subject any person to targeted killing in Emmett, or citizen of Emmett, within the United States,” pushing federal agents away from the county, specifically.

An advocacy group that’s specializing in the fight against NDAA powers is People Against the National Defense Authorization Act (PANDA), which celebrated the victory in Emmett. PANDA called the passage a growth to the “tidal wave of cities banning provisions” regarding the NDAA’s indefinite detention power. Areas such as Albany, New York, and Webster Maine have also taken part in the movement.

The Idaho coordinator and leader for PANDA, Jason Casella told readers in a statement, “Once you stop and do your own research, you find how egregious this truly is and how this is not about ‘left’ or ‘right;’ this is about freedom vs. tyranny.” Casella’s message isn’t a shy one either, nor is it lonesome. Americans from state to state are realizing the possible dangerous provisions held by Obama’s administration, and find it in their best interest to block those measures locally.

When the town of Emmett decided in favor of blocking the NDAA’s detainment powers, town onlookers erupted in applause for the efforts by their elected members. Just recently, Michigan also decided to push the ban on federal officials practicing trial-less detainment. What’s become a clear message by locals around the country has yet to be heard through the shallow walls of Washington, though.

Can the EPA be nullified? Oklahoma is leading the charge

NullificationOklahoma legislators have turned to nullification pursuant under the Ninth and Tenth Amendments of the United States Constitution in an attempt to fight back against the EPA’s unconstitutional rule making.

State Sen. Patrick Anderson recently submitted SB1167 to the Oklahoma Legislature. This bill will render void all rules imposed by the EPA and not passed by Congress. It is absolute nullification of that agency’s rulemaking in the state of Oklahoma.

From the bill:

“The Legislature declares that the rule-making authority of the Environmental Protection Agency is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the founders and ratifiers, and is hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.”

The legislation also takes it a step further by empowering the state lawmakers to actively block enforcement of such regulations.

“It shall be the duty of the Legislature of this state to adopt and enact any and all measures as may be necessary to prevent the enforcement of rules issued by the Environmental Protection Agency which are not specifically authorized by the Congress of the United States or specifically adopted by the Oklahoma Legislature.”

Other states have noticed the move by Oklahoma and are now considering legislation of their own. One Tennessee legislator plans to review the Oklahoma plan and possibly introduce legislation this season.

To Lean More About Nullification Visit The Tenth Amendment Center.

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Breaking: Michigan nullifies NDAA Indefinite Detention

Guantanamo Bay Prison

Michigan Governor Rick Snyder (R) signed into law yesterday SB0094. The bill attempts to nullify Section 1021 of the 2012 National Defense Authorization Act (NDAA). Michigan joins other states who have sought to nullify the NDAA’s controversial indefinite detention clause.

SB0094 sponsor Michigan Senator Rick Jones (R) told us:

“Historically Michigan first asserted 10th Amendment rights in 1855 when we passed a law to block the Fugitive Slave Act. I thought of this great history as I pushed the bill to nullify the NDAA. No US citizen should have to fear being thrown into jail or prison without charges. I got support from both sides of the political spectrum. With the Governor’s signature, Michigan states no local police, state police, sheriff or Michigan National Guard will assist the feds with holding a US citizen without Habeas Corpus.”

Senate Bill No. 94 reads:

  • AN ACT to prohibit any agency of this state, any political subdivision of this state, any employee of any agency of this state or any political subdivision of this state, or any member of the Michigan national guard from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances.
  • No agency of this state, no political subdivision of this state, no employee of an agency of this state or a political subdivision of this state acting in his or her official capacity, and no member of the Michigan national guard on active state service shall aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the national defense authorization act for fiscal year 2012, if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state… (Read the rest of the bill HERE)

According to Tenth Amendment Center national communications director Mike Maharrey:

“This is a great step forward in protecting the basic due process rights of people in Michigan and gives activists there something to build on. Moving forward, I would love to see the Michigan legislature expand the policy in two ways. First, I would like to see it include protection for all people, not just U.S. citizens. After all, every person has a right to basic due process, no matter who they are or where they are from. Second, I would like to see a bill expanding the ban on cooperation to any future federal law or regulation that purports to allow indefinite detention. No federal act can justify kidnapping. None.”

Maharrey does note that the bill needs some work. He calls it “a fantastic start.”

“By including a caveat – “if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state”  – the bill is not an express prohibition.  Rather, since no official determination has been made on such constitutionality as of yet, it leaves the decision of constitutionality to discretion. But, the new law does provide legal backing for those sheriffs, law enforcement officers, and other agencies and employees, who refuse to assist the federal government in such activities based on their own constitutional determination.”

The bill’s bite is rooted is anti-commandeering doctrine. This doctrine, which has been well established by the United States Supreme Court (Printz v. United States), dictates that the federal government cannot force state legislatures to enforce federal laws.

According to Justice Scalia’s majority opinion in Printz v. United States, state legislatures are not subject to federal direction. Although Congress may enforce its own laws, they may not force the states to carry out their duties in such laws. According to the Court, the Constitution establishes a system of dual sovereignty where states and the federal government exercise concurrent authority. Giving Congress the power to force states in to service would greatly enhance federal power, and the Court ruled this could not stand.

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BREAKING: Georgia Will Introduce Legislation To Nullify Obamacare & Sue The Federal Government


ATLANTA, GA: December 12th, 2013

State Representative Jason Spencer (R-Woodbine) will hold a press conference on next Monday, December 16th, in the south wing of the Georgia Capitol building. Representative Spencer and several other legislators will meet to discuss two bills that will be introduced in the upcoming 2014 legislative season.

“The bill’s main thrust is to prohibit state agencies, officers and employees of the state from implementing any provisions of the Affordable Care Act, leaving implementation entirely in the hands of the federal government, which lacks the resources or personnel to carry out the programs it mandates,” said Rep. Spencer.

The bill’s bite is rooted is anti-commandeering doctrine. This doctrine, which has been well established by the United States Supreme Court (Printz v. United States), dictates that the federal government cannot force state legislatures to enforce federal laws.

According to Justice Scalia’s majority opinion in Printz v. United States, state legislatures are not subject to federal direction. Although Congress may enforce its own laws, they may not force the states to carry out their duties in such laws. According to the Court, the Constitution establishes a system of dual sovereignty where states and the federal government exercise concurrent authority. Giving Congress the power to force states in to service would greatly enhance federal power, and the Court ruled this could not stand.

“Also, we will be asking the Attorney General or a special appointed counsel to file a lawsuit on behalf of the citizens of Georgia in federal court to overturn NFIB vs. Sibelius (Obamacare),” said Rep. Spencer.

The recent surge of nullification around the country can be attributed to the Tenth Amendment Center, which is a national think-tank focused on keeping the federal government in check. The think tank has been pushing states to nullify unconstitutional federal gun laws, the NSA and Obamacare.

Georgia’s nullification announcement follows on the heels of South Carolina’s plan.

Tenth Amendment Center (TAC) national communications director Mike Maharrey suggested that a large-scale effort would be coming in 2014. “Kudos goes out to all the people in South Carolina who have worked the past year to get things this far.  And kudos to Jason Spencer for stepping up to support their effort. Our contacts here at the Center tell us to expect at least ten other states considering similar legislation in 2014, but it’s going to require people getting on the phone with their state reps and senators to make that happen.”

This story will be updated with a copy of the legislation once it has been provided.

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South Carolina Could Lead the Nation by Nullifying Obamacare

A bill being fast-tracked by the South Carolina Senate would nullify Obamacare, and it’s likely that this bill will open the flood gates for other states dissatisfied with the Affordable Care Act.


The bill, entitled “South Carolina Freedom of Health Care Protection Act” (H.3101), was voted on and passed by a 65-34 vote in the state House of Representatives last April. Now, it moves on to the Republican-controlled state Senate with a priority flag and could quickly be signed into law by South Carolina Governor Nikki Haley.


According to the Daily Caller, state Sen. Tom Davis, the bill’s sponsor who recently wrapped up study committee hearings for the bill in Columbia, Charleston and other cities, says that the proposed legislation renders the Affordable Care Act void or inoperable through a handful of provisions.


The bill’s main component prohibits agencies, officers and employees of the state of South Carolina from implementing any provisions of the Affordable Care Act, leaving implementation of the national health-care law entirely in the hands of a federal government that lacks the resources or personnel to carry out the programs it mandates, reported the Daily Caller.


The basis of the bill is an anti-commandeering doctrine, meaning that the federal government can’t force the states to carry out federal laws.


“Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws,” explained state Sen. Davis.

Davis said that South Carolina is considering two additional provisions to the bill. One would outlaw Medicaid expansion and the other would suspend the licenses of insurers who receive Affordable Care Act subsidies.

Jesse Graston, one of the grassroots activists who helped Rep. Bill Chumley get H.3101 passed this year, told Benswann.com, “I’m working with legislators from Tennessee and Oklahoma on their bills, and it is very likely they will be able to pass their bills right after we push ours through. Simple non-compliance by our state as well as other states to enforce Obamacare will kill it. The feds cannot do Obamacare by themselves…”

Benswann.com’s, Joshua Cook asked Mike Maharrey from the Tenth Amendment Center, about state senator Tom Davis’ bill.


Cook: “Is the anti-commandeering doctrine found in Davis’ bill a form of nullification?”


Maharrey: “Anti-commandeering is simply the legal doctrine holding that the feds cannot force the states to enforce or implement their acts or programs. Non-cooperation is one tactic to nullify an act, or as Madison put it “refusal too cooperate with officers of the union.”


“Nullification is an end result – making an unconstitutional act inoperable within the state. So yes – non-cooperation, which happens to have legal sanction under the anti-commandeering doctrine, is a path to nullification.”


“Think of it this way – if a state passes a law criminalizing federal agents, and nothing happens, is that nullification? On the other hand, if a state passes a law stopping enforcement of federal acts, and those federal acts stay on the books, but stop being enforced – is that nullification?”

“Call it what you want, we’ll consider it nullified.”

Arizona Senator Introduces Legislation To Nullify NSA

By Michael Lotfi,

An Arizona state senator has committed to take on the National Security Agency spy machine.

Sen. Kelli Ward announced Monday that she plans to introduce the Fourth Amendment Protection Act to stop her state from supporting the NSA in its unconstitutional spying.

“While media attention is focused on a possible effort to shut off water to the NSA data center in Utah, I’m introducing the Arizona Fourth Amendment Protection Act to back our neighbors up,” she said. “Just in case the NSA gets any ideas about moving south, I want them to know the NSA isn’t welcome in Arizona unless it follows the Constitution.”

Based on model legislation drafted by the OffNow coalition, the Arizona Fourth Amendment Protection Act blocks state support for the NSA through four provisions.

  1. Prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. Includes barring government-owned utilities from providing water and electricity.
  2. Makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court.
  3. Blocks public universities from serving as NSA research facilities or recruiting grounds.
  4. Provides sanctions against corporations attempting to fill needs not met in the absence of state cooperation.

Ward called stopping unconstitutional snooping a national security issue.

“I believe the number one priority for national security is defending and protecting the Constitution. Without that, the rest becomes irrelevant. There is no question that the NSA program, as it is now being run, violates the Fourth Amendment. This is a way to stop it.”

Arizona becomes the first state to officially consider the Fourth Amendment Protection Act.  Tenth Amendment Center communications director Mike Maharrey says he expects at least four other states to take up the bill early in the 2014 session.

While the NSA does not currently operate a data or “threat operations” center in Arizona, Maharrey said states around the country need to pass similar legislation to make NSA expansion more difficult.

“We know the NSA is aggressively expanding its physical locations, not just in Utah, but in Texas, Hawaii and other states too,” he said.  “Since the NSA isn’t transparent about its plans, it’s essential to not only address where it is today, but work to get the rest of the country to say, ‘You’re not welcome here either!’”

Two Arizona state universities have partnerships with the NSA.  The Arizona Fourth Amendment Protection Act would address the status of Arizona State University and the University of Arizona, Tucson, as NSA “Centers of Academic Excellence.”

Maharrey said he was thrilled with Ward’s decision to introduce the legislation, noting the OffNow coalition strategy was always multi-state.

“Right now, all the talk is all about denying water to the NSA facility in Utah. That’s important, but we hope every state will stand up and say, ‘No!’ to the NSA,” he said. “In Federalist 46, James Madison told us a single state resisting an unwarrantable act could create ‘serious impediments.’  But when several states work in union, he said it would ‘create obstructions which the federal government would hardly be willing to encounter.’ Arizona is an important piece of the obstruction puzzle.”

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The “Free Clinic” is the solution to our problem, Government Mandated Healthcare is the Problem


The Affordable Health Care Act, commonly known as Obamacare, has turned out to be an abysmal failure. From millions of Americans losing their health insurance plans, to Healthcare.gov’s technical issues, and the fact that the Obama administration gave lobbyists a half-a-million dollar grant to help with their PR battle, goes to show how incompetent government actually is.

While Democrats continue to mirror a European-styled socialism and try to establish income redistribution as America’s main cornerstone, the establishment Republicans are not offering real solutions either. Both political Parties are hell bent on expanding government at the taxpayer’s expense.

But despite the failures of both Parties many Americans are finding real solutions to help the poor get access to healthcare.

Bruce Smith from the AP writes, “Hilton Head Island as a free clinic using retired physicians and volunteers to care for the working poor has become a model for dozens of similar clinics nationwide. At a time when the nation debates how to pay for care, there are now 96 Volunteers in Medicine Clinics in 29 states.”

These networks of free clinics grew from a model developed in 1994 on this resort by Dr. Jack McConnell in 1994. Smith writes that “the Hilton Head clinic has grown to handle more than 33,000 patient visits a year and offers services that include, among others, dental and eye care and mental health treatment and family practice.”

free clinic docs

Amy Hamlin, the executive director of the national Volunteers in Medicine based in Burlington, Vt., states, “It’s really remarkable what they are able to do without any government funding and using volunteers.”

Each clinic is independent and the national network offers help to those who want to start new ones. Clinics are supported by cash donations, donated medical supplies, and a volunteer network.

This model is working and offers a successful template for other communities to copy. According to Lisa Drakeman, the chairman of the clinic’s board of directors, the Hilton Head clinic operates on an annual budget of just over $2 million. Can government do that?

The simple truth is that “the State is not the answer.” Voluntaryism comes to mind here. The idea that all human interactions should be based on voluntary cooperation and those which are not, such as government, must be abolished.

States should nullify Obamacare and find ways to completely opt out of Medicaid and allow successful clinics like these to thrive.

In a political world where both Parties, by their actions, implement policies that regulate, tax, and spend, it’s refreshing to see Americans creating value without government coercion or meddling.


Breaking: National Think Tank Launches Attack On NSA: The Secret To Killing It? Water

NSA01In a bold move, one think tank is going above the rhetoric and mobilizing a nation to fight back against the NSA. The power of many is derived from the power of one, and Michael Boldin, Executive Director of the Tenth Amendment Center, is one titan the government has pushed too far.

The plan? It’s crazy, and risky. So was the iPhone. Attack the Achilles heel of the NSA. Water.

Shane Trejo, Tenth Amendment Center national campaign  director of the #NullifyNSA campaign, provided us with this exclusive interview:

The systemic problem of corruption within the federal government seems like an unstoppable juggernaut.  It doesn’t matter which major party is in power, things just keep getting worse.

I think this has been pretty damaging beyond the government policies.  Many people seem to have been inflicted with scandal fatigue because of the endless litany of attacks on our rights.

Meanwhile, the Fed keeps inflating, the debt continues to go up, and accountability is nowhere to be seen.

Worse, I get the impression that the politicians and bureaucrats responsible for our current state of affairs keep getting bonuses, praise, or increases in funding.

This is best evidenced by the NSA scandal. That agency has been shown to be, by sheer volume, the greatest violator of rights on the planet. What’s been the result?  Business as usual. If anything, they’re intent on escalating their program.

It’s easy to get discouraged because it doesn’t seem like anything can be done. People get angry. They call their representatives, they hold protests and the direction of the country never changes.

Reps. Justin Amash and John Conyers led a bi-partisan effort in the House of Representatives to defund the NSA’s illegal spying operation earlier this year. It was a valiant effort, but it fell short, like virtually every effort to limit federal power. 

Simply put, the federal government simply cannot be counted on to regulate itself.

That does not mean reform is impossible. We just have to stop trying the same failed ideas over and over again. Sun Tzu recognized this when he wrote, “He who knows when he can fight and when he cannot will be victorious.” Fighting on their turf – Washington DC, that is – is a battle that cannot be won.

On the other hand, following the advice of Founders like Thomas Jefferson and James Madison, and modern libertarian thinkers like Tom Woods and Andrew Napolitano, state-level resistance can be a very effective way to thwart the efforts of the NSA.

Under what is known as the ‘anti-commandeering doctrine,’ the federal government cannot force the states to carry out federal programs – or even help the feds do so. 

While there are a number of Supreme Court cases backing this up, the most well-known one is the 1997 Printz case.  That’s the one where Sheriffs Mack and Printz sued the Clinton administration about being required to carry out the federal gun control scheme known as the Brady Act.  They won.

This is how we fight back: Putting this into play against the NSA means passing the 4th Amendment Protection Act in states around the country (model legislation here)

The Act bans the state from assisting the NSA or providing any material support. 

For example, in Utah, where the new data center is coming on line, the NSA computers there require a stunning 1.7 million gallons of water per day to keep from overheating. They are already having problems with metldowns at the massive facility, and the water to cool it is being provided by the State of Utah.

Under the 4th Amendment Protection Act, Utah would be banned from doing this. No water = no NSA data center (emphasis added).

But it’s not just Utah.  There are similar facilities in Texas, Washington, Colorado, Hawaii, Tennessee, Georgia, and West Virginia.   There’s 166 Universities around the country that have partnered with NSA as research centers.  And local law enforcement has a very symbiotic relationship with warrantless data collected by the NSA.  It’s being passed down to locals through the DEA’s Special Operations Division – and back upstream through Fusion Centers.

Passage of the 4th Amendment Protection Act would attack NSA’s needs and spying capabilities at all these strategic points, and more.

We asked if it can work:

Absolutely, 20+ states are slowly, but surely, putting nails in the coffin of federal marijuana prohibition.  Other states are taking the same path with industrial hemp production. 

In the 1850’s, Northern States were so effective using legislation like this against the Fugitive Slave Act that South Carolina, Mississippi, Georgia and Texas all complained about it as nullification when issuing statements outlining their reasons for leaving the Union.

The 4th Amendment Protection Act is just the first step of a comprehensive plan to stop the NSA’s mass-spying program.  At OffNow.org, we’re building a strong coalition that crosses traditional political lines. 

From the Tenth Amendment Center and the Bill of Rights Defense Committee, to Antiwar.com, DownsizeDC, and Revolution Truth, we’re focusing on a single goal. Starting today, we’re setting aside differences to push back against the NSA.  Working together, we can turn it off (emphasis added).

Boldin tells us in an exclusive interview:

We’re not really trying to convince people that the NSA’s mass surveillance program is wrong. There are millions of people around the world who already agree with this. We are, however, working to show people what to do about it. The solution, as James Madison and Thomas Jefferson advised, starts in the states.

The NSA relies on your state in many ways. Whether it’s information sharing with local law enforcement, partnerships with 166 universities to do research and recruiting for the NSA, or states like Utah providing the water to the NSA data center to keep it operational, passage of the state-level 4th Amendment Protection Act would turn that cooperation off.

Rosa Parks showed the world the power of saying “No”, and now perhaps it is time the world harness such power. The Tenth Amendment Center is a national think tank focused on nullifying unconstitutional laws from within the states.

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California Governor Jerry Brown Signs NDAA Indefinite Detention Nullification Bill Into Law
California Governor Jerry Brown Signs NDAA Indefinite Detention Nullification Bill Into Law

Assembly Bill (AB) 351 was signed into law by Governor Jerry Brown yesterday. California is the third state to have passed legislation, which nullifies the unpopular federal provision. A selection of  AB 351 reads:

The United States Constitution and the California Constitution provide for various civil liberties and other individual rights for a citizen of the United States and the State of California, including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her.

Certain provisions of federal law affirm the authority of the President of the United States to use all necessary and appropriate force to detain specified persons who engaged in terrorist activities.
This bill would prohibit an agency in the State of California, a political subdivision of this state, an employee of an agency or a political subdivision of this state, as specified, or a member of the California National Guard, on official state duty, from knowingly aiding an agency of the Armed Forces of the United States in any investigation, prosecution, or detention of a person within California pursuant to (1) Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA), (2) the federal law known as the Authorization for Use of Military Force, enacted in 2001, or (3) any other federal law, except as specified, if the state agency, political subdivision, employee, or member of the California National Guard would violate the United States Constitution, the California Constitution, or any law of this state by providing that aid. The bill would also prohibit local entities from knowingly using state funds and funds allocated by the state to those local entities on and after January 1, 2013, to engage in any activity that aids an agency of the Armed Forces of the United States in the detention of any person within California for purposes of implementing Sections 1021 and 1022 of the NDAA or the federal law known as the Authorization for Use of Military Force , if that activity would violate the United States Constitution, the California Constitution, or any law of this state, as specified.

The bill’s common name is “The California Liberty Preservation Act.” California’s legislation takes things a step further than other states, which have implemented nullification legislation with regard to the NDAA.

The bill specifically states:
It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California. (emphasis added)

This meaning the legislation takes aim at not only the NDAA provision, but any federal law, which seeks to disregard one’s constitutional rights.

Democrats and republicans worked together to sponsor and pass the legislation. The bill was introduced by ultra-conservative Tim Donnelly, and managed by San Francisco liberal-democrat Mark Leno.

Nullification has broken barriers in the political world not seen since Reagan won every state in the country in 1984 except Minnesota, home of challenger Mondale (D).

Nullification is able to do this because the federal government has put its hands in far too many pies. Liberals passionate about marijuana legalization and privacy rights find refuge in nullification. Meanwhile, conservatives passionate about the federal reserve, taxes and guns find refuge as well.

The Tenth Amendment Center stands in as the moderator working to nullify all unconstitutional laws in every state. They have provided model legislation to nullify indefinite detention in each state.

Tenth Amendment Center’s national communications director Mike Mike Maharrey tells us-
“Lawmakers from both sides of the aisle came together and passed legislation to protect against federal kidnapping,” adding that, “by saying, ‘No!’ to indefinite detention and refusing any state cooperation, the California legislature and Gov. Brown just ensured it will be very hard to whisk somebody away in the dead of night and hold them without due process.”

Colorado Citizens Seek to Nullify Unconstitutional Gun Control Laws


The nullification movement is sweeping across the nation and people are fighting for their Constitutional rights.  Nowhere is this truer than in Colorado.  After the controversial redistricting led to Democrats taking over both the State House and Senate in November 2012, an extreme liberal agenda was pushed at unprecedented speeds.


This included gun control, with laws such as universal background checks, which Ted Cruz has called a “pathway to a national gun registry.”  In addition, concealed carry training must now be done face-to-face rather than online, and anyone who has even been accused of domestic violence or is under a restraining order is now banned from using guns, whether guilty or not.

Unable to affect the outcome of traditional legislative battles, conservatives and liberty activists statewide started to look to alternative solutions.  While Weld County spearheaded a surprisingly popular initiative to split from Colorado, the first two recall elections in the state’s history were organized against Democrat Senators John Morse and Angela Giron.

Even on the small scale, citizens are taking actions to try to make a difference.  One of these is “Put it to the People,” founded by Tim LeVier and JT Davis.  This organization is circulating petitions to get a Constitutional Amendment on next fall’s ballot.  The amendment is intended to nullify one of the many gun control laws passed in the State Legislature in 2013.

House Bill 13-1224 limits the capacity of gun magazines to 15 rounds.  It also bans all magazines which are “readily convertible” to hold more than 15 rounds – such as any magazine with a detachable floor plate – meaning that nearly all magazines would be.  The bill also requires “continuous possession” of the magazines, meaning that selling, borrowing, giving or bequeathing such magazines is illegal.

A youtube video demonstrates how this law essentially includes most if not all magazines that are made in the U.S.

The same law prompted a lawsuit by most of the state’s sheriffs.  In response, Colorado-based magazine manufacturer Magpul also left the state, but not before it had organized a “Colorado Airlift,” in which it distributed thousands of high capacity magazines to Colorado residents in the months before the ban went into effect, meaning that those magazines would be grandfathered in.

LeVier and Davis’ proposed amendment reads “No law, except a law enacted by a vote of the people, shall restrict or limit the right of the people to purchase or possess ammunition storage and feeding devices of any capacity.”

The proposed initiative is a constitutional amendment because this would prevent the state legislature from simply re-passing the bill.  Both the U.S. Constitution and Colorado’s State Constitution contain stronger pro-gun rights language, though.

In addition to the Second Amendment, which reads that “the right of the people to keep and bear arms shall not be infringed,” Colorado Constitution Article II Section 14 reads “that the right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herin contained shall be construed to justify the practice of carrying concealed weapons.”

Approached as a short-term solution to the problem, Put it to the People makes sense.  It would repeal one of the multiple heinous gun control laws passed in 2013 – though perhaps not the worst – and make it somewhat more difficult for such laws to pass in the future.  Instead of simply repealing the ban, the amendment contains some safeguards for the future.  With the rapid influx of people changing Colorado’s political landscape, though, this is unlikely to remain a deterrent to further legislation.

States throughout the nation are passing legislation that nullifies federal laws like N.D.A.A, voter ID laws, and other laws that states deem unconstitutional.

Tom Woods  says that the word “nullification” was introduced by Thomas Jefferson who stated that “nullification…is the rightful remedy” when the federal government reaches beyond its constitutional powers.”

Americans throughout the nation are using this legal mechanism and the principles of nullification to fight back government overreach.

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One of the largest gun rights group, Rocky Mountain Gun Owners (RMGO), is encouraging its members and citizens to wear T-shirts that read, “I WILL NOT COMPLY,” in protest to the magazine ban.


They state on their website, “Stand in opposition to the draconian magazine ban in Colorado by sporting our “I Will Not Comply” t-shirt … this shirt lets anti-gun politicians know that you won’t forget their vote on this bill.”


This attempt to nullify the magazine ban is purely a grassroots initiative. From pro-gun groups like RMGO and two working fathers Tim LeVier and JT Davis in a Denver suburb, the movement is picking up support from people who care about their Constitutional rights.

To get on the ballot, the initiative needs 100,000 signatures by December 9th.  About 15% of those needed have already been collected as of this publication. See their website here.

One thing is clear, the nullification movement is alive and well in America today. And the 2nd Amendment is not something Americans are willing to give up without a fight. Colorado is going to have a hard time enforcing this ban if the People of the state feel differently.



Vermont Completely Nullifies Federal Hemp Ban

Vermont has become the most recent state to take a stand against the federal government and nullify the federal ban on hemp cultivation. Governor Shumlin signed the new bill into law in June.

Vermont Nullifies Federal Hemp Ban
Vermont Nullifies Federal Hemp Ban

Hemp is an agricultural product which may be grown as a crop, produced, possessed, and commercially traded in Vermont pursuant to the provisions of this chapter. The cultivation of hemp shall be subject to and comply with the requirements of the accepted agricultural practices adopted under section 4810 of this title. –Senate Bill 157

According to VoteHemp, a hemp advocate website, Vermont is actually the 9th state to lift the ban on hemp, and 20 states have introduced industrial hemp legislation for the 2013 legislative season. However, what makes Vermont unique is that the new law does not hold a stipulation or amendment requiring the federal government to first lift the ban on hemp cultivation. Much like Colorado, Vermont will proceed regardless of the federal law banning hemp cultivation.

Mike Maharrey, national communications director for the Tenth Amendment Center, tells us:

I like hemp. The Vermont bill is more aggressive than the other bills we’ve seen pass. I’ve been heavily involved in Kentucky with the passing of their hemp bill, but they are waiting for the feds to actually lift the ban. This means that farmers still will not be able to cultivate. Vermont’s bill allows farmers to go straight ahead regardless of the federal law. This is a straight nullification bill. It gives them the green light as soon as they receive the licence from the state. I think this development is extremely important for the states because you will see markets develop and flourish. If more states begin to follow this path then the federal government may be forced to lift the ban. The US is the only industrialized nation that doesn’t allow cultivation of hemp. We have to import all of it. In fact, the US imports 1/2 of all Canada’s hemp. We have thousands of manufacturing companies and stores importing raw hemp and hemp products.

Maharrey says that many opponents argue the market for hemp doesn’t exist in America. “How can you say there isn’t a market when you have never allowed one to exist,” he counters. Maharrey adds, “If we are importing 1/2 of another country’s entire production- there is obviously a market. If not let’s lift the ban, and if the market isn’t there then it will simply vanish.”

According Ray Hanson with the Agricultural Marketing Resource Center:

The combined retail value of hemp food and body care products sold in the United States in 2010 was $40.5 million, up more than 10 percent from 2009, according to the market research firm SPINS. (The same firm estimated that 2009 sales of hemp products reached $36.6 million.) The Hemp Industries Association (HIA) estimated that the retail value of North American hemp food, vitamin and body care products was in the range of $121 to $142 million in 2010. When clothing, auto parts, building materials and other non-food or body care products are included, the HIA estimates that the total retail value of U.S. hemp products is about $419 million.