Showing posts with label nullification. Show all posts
Showing posts with label nullification. Show all posts

Friday, January 8, 2016

Restoring the Rule of Law with States Leading the Way

Staff Writer, DL Mullan
Rule of Law / Constitutional Convention
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The Governor of Texas, Greg Abbott,  unveiled a proposal for restoring the balance between the federal and state governments as well as define each role respectively and set forth a check and balance system to restore the rule of law that has been lacking in this country to the point of nullifying the Republic for an rich man's oligarchy. 

The Texas Plan of 2015 is calling for a Constitutional Convention to correct this imbalance. The VDP Gazette has read the tenets proposed and wholeheartedly agrees. The plan is well thought out and resolved to create balance and order. 

You can read the plan here: 


All we can say is: it is a about damn time!


Source: Governor of Texas

Saturday, December 28, 2013

Michigan's Nullification of the 2012 NDAA Indefinite Detention

Staff Writer, DL Mullan
News / Government
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As of yesterday, Governor Rick Snyder of Michigan signed into law the nullification of the indefinite detention section 1021 of the 2012 NDAA.

Well, sort of.

Tenth Amendment Center’s Mike Maharrey explained: 

“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.”

Wouldn't Americans rather have a complete ban on unconstitutional behavior from every law enforcement agency?

For those who do not know: 
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.
Court Case
Extending the principle applied in New York, the Court in Printz v. United States 5 held that Congress may not “circumvent” the prohibition on commandeering a state’s regulatory processes “by conscripting the State’s officers directly.” 6 Struck down in Printz were interim provisions of the Brady Handgun Violence Protection Act that required state and local law enforcement officers to conduct background checks on prospective handgun purchasers. “The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers . . . to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case–by–case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.” 7
If this Michigan law holds, then states can do more to offset the unprecedented and overreaching unconstitutional laws Congress has been passing and the Executive Orders being signed by the President of the United States to act as laws that are not under his constitutional purview, for which he has no power to do.

The tide could turn back to reigning in the out of control federal government and restore rights and sanity back to this nation.

Source: Cornell Law, This Nation

Tuesday, December 10, 2013

Righteous Indignation: Ward Steps Up

Staff Writer, DL Mullan
Government / Arizona
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The super secret and totally unconstitutional National Security Agency's  (NSA) surveillance without a warrant is in trouble. According to the website, NullifyNSA:
The new Utah Data Center, a massive spy complex, requires 1.7 million gallons over water every single day to operate.

Those massive supercomputers monitoring your personal information are water-cooled. They can't function without the resources to keep them at operating temperature.

That water is scheduled to be provided by the Jordan Valley River Conservancy District, "a political subdivision of the state of Utah."

Because of this, a state law can be passed banning this partnership. In short, they can turn the water off.
Aren't we as Americans chided by environmentalists and government entities that there is a clean water shortage? Don't use too much? Don't take too long of showers? Don't do this and don't do that?

Yet, big agriculture uses double the amount of clean, fresh water on GMO crops that are not necessary for natural seeds and plants. Now the NSA requires 1.7 million gallons of fresh water a day to keep their illegal spy grid going? 

Is there a water shortage or not? Or is there not enough water for the people because the government and corporations come first? It makes you wonder who is serving whom.

Maybe the overreaching federal government and its tyrannical oppression is about to come to an end. People are waking up and standing up to this unconstitutional hypocrisy. Finally.

Senator Kelli Ward of the Arizona State Legislature stated, “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.”

Hooray! Do you know how long the People of the United States have waited for the states to use their power to counterbalance the federal government? Like, forever! 

States in all reality can push back:
This is based on the undisputed legal doctrine of "anti-commandeering." The federal government has no power to require states to help the feds carry out federal acts or programs in any way.

The Supreme Court affirmed this in these cases: 1842 Prigg, 1997 Printz, 2002 New York, and 2012 Sebelius.
With rulings like these ones from the Supreme Court, states could end expensive and artificial wars on: terror, drugs, and probably poodles too, if the federal government had its way. That is how ridiculous the federal war machine for contractor profits has gotten.

Still there is more: 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.
“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.”

If Senator Ward is serious about stopping unconstitutional acts by the federal government, then let's give her some support. Call your elected State Representative in the House and Senators in the Senate today and everyday!

And if you do not mind, please require Arizona elected officials to also create laws like the Fourth Amendment Protection Act for at least the first Ten Amendments as well as restraining state and local governments from participating in the foreign NGO: ICLEI, which is not legal to do but the lie of sustainability seems to overshadow common sense. Please read Democrats Against UN Agenda 21 for further information.

If Arizona could get rid of Fusion Centers too, that would be a plus to returning our nation back to laws instead of this rampant lawlessness deemed secret and sacred to the federal government. It is a national security issue. Secrets compromise our nation's security, not protect it. 

Senator Ward, thank you, from the people of Arizona.