NULLIFICATION: THANK YOU KRIS ANNE HALL FOR A SECOND TIME AROUND READ WITH A H/T TO RANDY BACK EAST

Constitution & Law

Nullification and What They’re Not Telling You

January 25, 2013 by Kris Anne Hall

 

I am compelled to share with you a dirty little secret. This secret is one that the government doesn’t want you to know, especially your State legislators, that is if you have one like my dear senator Don Gaetz. You see, senators like Don Gaetz will tell you that if you believe in the sovereignty of the States, if you believe that the States bear the right to nullify unconstitutional federal law, well, you should be “shot and hanged”(yes, he actually said that, read here). These legislators will explain to you that nullification is a “kooky” principle that will only result in a “banana republic” in which States will be allowed to nullify whatever law “they don’t like.” If you have a legislator like this, be concerned, as his ignorance has just exposed him for who he is; a tyrant at worst, wholly unqualified to serve at best.

 

States do not choose, as is asserted, to nullify “whatever law they don’t like,” but only those laws the States find to be unconstitutional assertions of authority by the federal government.

 

Such States, and state legislators, truly believe that we have a limited and defined federal government. They know those limitations are codified within the Constitution and the power of that limited government is derived from the consent of the governed. They also understand that the primary function of government is to secure the Liberty that belongs to the people. It is only logical that if the government is exerting a power, it is left to the creators of that government to judge and affirm whether that power is justly used. To assert otherwise, that the federal government through the judiciary, law, or executive order is the final arbiter of its own power is simply illogical and wholly despotic.

 

What the despots don’t want you to know is that nullification is happening and has happened all over the United States, enacted by both States and local governments alike.

Not only did it occur in 1798 and 1799 to protect the citizen from the Alien and Sedition Acts, not only was nullification used to OPPOSE slavery in the 1850s, but it is happening RIGHT NOW in response to unconstitutional and unjust federal laws. It is not surprising that you don’t hear about this in mainstream media, but why are our legislators unaware of this? Are they really ill-informed and misguided, or do they simply want us to believe they are? Consider this:

 

Currently at least three states are supporting legislation called the Privacy Protection Act that would nullify federal surveillance laws and the use of drones within the borders of their states. The federal government does not have the authority to violate the rights of the citizens through surveillance. That is precisely why we have the 4^th Amendment. And when a law is contrary to the Constitution, as Alexander Hamilton said, it is null and void.

There are at least 29 States that have either passed laws or are supporting laws to nullify the federal Real ID law that would take your driver’s license and convert it into a “national identity card.” Once again the federal government does not have the authority to demand such a requirement upon the States. These States understand the ramifications of yielding this power to the federal government and are standing against this unconstitutional assertion of authority.

 

At least Three statesare supporting legislation to nullify the unconstitutional definition of the commerce clause as adopted by Congress and endorsed by the Supreme Court. The Commerce clause was never meant to “control”state commerce, but to create an environment in which States engage in commerce with each other freely. It absolutely does not allow the federal government to regulate industrial practice within the State. The Intrastate Commerce Act effectively nullifies federal laws and regulations that violate such limitations by regulating commerce and other activities that are solely intrastate.

 

The federal government has no authority under the Constitution to create and enforce criminal laws. Three States (Wa, Ca, Co) have passed laws legalizing the use of marijuana and five other States are also currently supporting legislation to nullify federal marijuana laws. If the federal government has the authority to ban one plant, what is to limit their authority to banning others, for whatever reason they see fit?

 

In 2012 the federal government put into law the National Defense Authorization Act of 2012. This Act, nearly unanimously supported by the “conservative” Republicans in our House of Representatives, authorized the president of the United States the authority to transfer the power vested in him under the Laws of War, to any circumstance the president considers a “hostility” whether foreign or domestic. It allows not only for the indefinite detention of US Citizens, but permits for any use of force that would be allowed under the Laws of War and gives the president the authority to transfer that power to “domestic terrorist fighting forces.” Eight States are taking measures to stand against this obvious use of tyrannical power authorized by the federal government.

 

Our final example, though not the last expression of State nullification, addresses the unconstitutional regulation of firearms and subsequent disarming of the people. Our Second Amendment clearly and definitively protects the rights of all citizens to keep and bear arms, at all times. There is absolutely no room for the federal government to interfere with that right in any way, shape, or form. Any laws written to address the illegal use of firearms must originate on the State level. In a decisive response to current attempts by the federal government to unconstitutionally insert themselves in a State issue, seven States have passed the Firearms Freedom Act and many others are currently supporting this nullifying legislation. Additionally, nine States are also working on legislation called the Second Amendment Preservation Act, which renders all federal gun laws, regulations, rules, acts, orders, etc., null and void within the borders of the state.

 

Nullification is not just a State issue.  It is a community and individual issue as well.  As of January 23, 2013, there are over 90 Sheriffs across the country that are REFUSING, in writing, to enforce any federal gun control laws, and the list is growing every day.  We need to support these Sheriffs and demand that our own do the same.

 

There you have it, the dirty little secret that you are not supposed to know: Nullification exists, nullification works, and nullification is the RIGHT of every State to stand against the unconstitutional assertion of power by the federal government. Share this bit of information with your State legislator and if he still wishes to hold fast to the idea that nullification is not lawful, proper, or “kooky”, then mark this person as one who has no interest in preserving your Liberty.

“The reason why Men enter into Society, is the preservation of their Property; and the end why they choose and authorize a Legislative is that there may be Laws made, and Rules set as Guards and Fences to their Properties, to limit Power, and moderate the Dominion of every Part and Member of the Society…whenever the Legislators endeavor to take away and destroy the Property of the People, or to reduce them to Slavery under Arbitrary Power, they put themselves into a state of War with the People…” John Locke, Second Treatise.

THE DAY FREEDOM DIED IN AMERICA

http://beforeitsnews.com/politics/2012/12/december-27-2012-the-day-freedom-died-in-america-2479560.html

EVEN AN ATROCITY DOES NOT JUSTIFY DESTROYING THE BILL OF RIGHTS

http://patriotupdate.com/2012/12/even-an-atrocity-does-not-justify-destroying-the-bill-of-rights/

RIGHTS.

They are with us as soon we we are born; as we leave our mother's birth canal; before our umbilical cords are snipped; before the first time our eyes open. 

God. 

Do you believe in God?  Do you understand what the Bill of Rights is?  It is the affirmation of your God-given rights; that Americans in America long ago, and a guarantee that no man; no mortal; no king; no dictator can ever take these rights away from you.  Freedom and liberty, self-determination, the freedom to travel unfettered; to speak freely, express yourself in words, deeds, actions.  You have the right to privacy and property.  So hopefully, you always do "the right thing".  We have consequences to our behavior.  But we reap the rewards of liberty with every breath. 


Please read through all the articles tonight in the Patriot update tonight.  Just back the link up to site url and go from there.  You owe it to yourself.

We enter such a fragile year.  The state of our nation is as fragile as spun sugar, and deadly as cobra venom and if we break it, we will face death, and by the electorate we sent to Washington, DC. 

It may take a while, but we will see our country and ourselves die if we aren't prepared to impress and act like American patriots.  We have a war going on right now.  I know you feel it.

THE UN SMALL ARMS TREATY PASSES WHILE WE LOOK FOR NUDE PHOTOS OF KATE AND A COUPLE OF POLITICAL GAFFES. THE INCIDENT IN LIBYA WAS A SMOKE SCREEN; THE PERPS SHOULD BE HELD FOR MURDER AND TREASON AND THAT MEANS OBAMA, HILLARY AND ERIC HOLDER

The Second Amendment is the only right that separates us from all the other banana republics on this planet.  So I guess we hand Obama the banana.

 

 

 

 

 

September 19, 2012 by Tim Brown

UN Small Arms Treaty Passes While Media Sleeps

41 Comments

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The United Nations Small Arms Treaty passed in its second session. The Media was silent over its passage.
According to the UN’s press release,

Concluding its two-week session today, the second United Nations conference to review the 2001 Programme of Action on trafficking in small arms and light weapons adopted a consensus outcome document that highlighted the international community’s renewed commitment to preventing, combating and eradicating the illicit trade.
The document’s adoption represented a major achievement for delegations, who had failed to agree on a final outcome at the first review conference, held in 2006. “We accomplished something great today,” said U. Joy Ogwu ( Nigeria), President of the Conference, formally known as the United Nations Conference to Review Progress Made in the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.
According to the text, Member States renewed their pledge to rid the world of the scourge brought upon it by the illicit manufacture, transfer and circulation of small arms and light weapons, and their excessive accumulation and uncontrolled spread in many parts of the world. They also committed to mobilizing the necessary political will and resources to implement the Programme of Action and the International Tracing Instrument, with the aim of achieving clear and tangible results over the next six years, through 2018.
Further by the text, States emphasized that the illicit trade in small arms and light weapons continued to sustain conflicts, exacerbate armed violence, undermine respect for international humanitarian law and international human rights law, aid terrorism and illegal armed groups, and facilitate increasing levels of transnational organized crime, as well as trafficking in humans, drugs and certain natural resources.

Ahhh yes, the cries of terrorism and drugs and boogey men for the passage of the treaty. This comes from member nations who knowingly promote these kinds of things. Even the United States is now in the midst of a scandal involving gunwalking, known as Fast and Furious, and at least one man arrested has come forward and said that Fast and Furious was all about arming drug cartels in Mexico, never about tracking them.
All countries signed the declaration and further documentation can be found here.
According to the program of action:

“8. Reaffirming our respect for and commitment to international law and the purposes and principles enshrined in the Charter of the United Nations, including the sovereign equality of States, territorial integrity, the peaceful resolution of international disputes, non-intervention and non-interference in the internal affairs of States, “. Non-intervention and non-interference? How about Syria? NATO is part of the United Nations.
“9. Reaffirming the inherent right to individual or collective self-defence in accordance with Article 51 of the Charter of the United Nations,”. Collective means the state, in-contrary to our Bill of Rights guaranteed by our government, but ultimately granted by our Creator.
“10. Reaffirming also the right of each State to manufacture, import and retain small arms and light weapons for its self-defence and security needs, as well as for its capacity to participate in peacekeeping operations in accordance with the Charter of the United Nations, “. This is just another statement dealing with a ‘collective right’, not an individual right. The ATF, FBI, Homeland Security, along with all the ‘alphabet’ agencies of the federal and state governments are immune and the tyranny they will accomplish when this treaty is fully implemented staggers the mind.
“11. Reaffirming the right of self-determination of all peoples, taking into account the particular situation of peoples under colonial or other forms of alien domination or foreign occupation, and recognizing the right of peoples to take legitimate action in accordance with the Charter of the United Nations to realize their inalienable right of self-determination. This shall not be construed as authorizing or encouraging any action that would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self-determination of peoples,” This section was examined previously. It is important to point out that the West Bank and Gaza are not recognized as an ‘sovereign and independent States’, therefore they are up for grabs.

Of course this will be enforced by the UN’s blue helmets, or International Assistance.
Keys To Liberty reported,

It is interesting to note, the “delegations agreed to strengthen the action programme’s implementation at the national, regional and global levels over the period 2012-2018. On follow-up measures, they decided to hold a one-week biennial meeting of States in 2014 and 2016, and a one-week open-ended meeting of governmental experts in 2015 to consider the Programme of Action’s full and effective implementation”. (Underline Emphasis is the author’s) Over the next few years ‘something’ is needed to fully implement this treaty by 2018. Each two years they will meet to see how the treaty has been complied with. This means new statutes in place at the federal level, further restricting the right to keep and bear arms. An assault weapons ban, large capacity magazine ban and stripper clips ban are just around the corner. In the future this will probably begin with more ‘false flag’ operations, stemming, and leading to our own government behind them. More Aurora, Colorado’s, more Sikh Temple type massacres around the country and maybe even a Oklahoma City bombing type event.

Right about now you are probably thinking, so what? As long as the Senate doesn’t ratify all if well. Ask yourself if you are familiar with the United Nation’s Agenda 21. The Senate didn’t ratify that. Instead Bill Clinton basically passed it by executive order. Mike Opelka, at the Blaze writes:

Agenda 21 is a two-decade old, grand plan for global ’Sustainable Development,’ brought to you from the United Nations. George H.W. Bush (and 177 other world leaders) agreed to it back in 1992, and in 1995, Bill Clinton signed Executive Order #12858, creating a Presidential Council on ‘Sustainable Development.’ This effectively pushed the UN plan into America’s large, churning government machine without the need for any review or discussion by Congress or the American people.

So it is perfectly feasible that this will be implemented over a period of years, but very short years.
From The Trenches reports on legislation that is currently before Congress to put the squeeze on those of us wishing to maintain our Second Amendment rights.

Enter H.R. 6241 and S. 3458, identical bills in both houses that are currently in committee; titled Stop Online Ammunition Sales Act of 2012 .When passed, in person sales of ammunition will be required, as well as registration of amounts exceeding 1,000 rounds, or 1,000 rounds over a week period. The idea behind this legislation is to make you pay more in the future for ammunition and to register sales. It will also limit your selection to what ever is available at a local store.
Another bill before Congress, sitting in committee is Gun Show Loophole Closing Act of 2011. It is H.R. 591, in the House and S.35 in the Senate. It would permanently ban Gun Shows if passed.
Here is another one held up in committee, Fix Gun Checks Act of 2011.This one penalized states that don’t report enough violators to the National Instant Criminal Background Checks. In the Senate it is S. 436.
Doing a search for ‘assault weapons’ this Bill came up, titled Child Gun Safety And Gun Access Prevention Act Of 2011. This one raises the age of ‘Juvenile’ to ‘under 21′ with penalties for transfer of guns, ammunition, high capacity clips to anyone under 21 who might commit a crime. This one is bound to pass, because of the New Speak in the title. The socialists will love it.

By the way, what has been covered during the past week? Oh that’s right, some anti-islamic film, nude pictures of Dutchess Kate and a few political gaffes.

Read more: http://freedomoutpost.com/2012/09/un-small-arms-treaty-passes-while-media-sleeps/#ixzz26y8phdXq

NULLIFICATION IS CONSTITUTION - AND WHAT THE LT. GOV DID IN TEXAS WAS NOT CONSTITUTIONAL!

http://werefuse.com/blog/nullification/nullification-is-constitutional/

THE BILL OF RIGHTS. WHEN WAS THE LAST TIME YOU READ THIS DOCUMENT?

Maybe today is the appropriate day to read these to your family.

http://canadafreepress.com/index.php/article/37027

WILL WE FIGHT FOR THE BILL OF RIGHTS?

http://www.newswithviews.com/Lloyd/rees114.htm

DO YOU BELIEVE ALL MEN ARE CREATED EQUAL?

http://romanticpoet.wordpress.com/2010/08/04/all-men-are-created-equal-do-you-really-believe-that/

Dem Congressman assaults student (REALLY) for asking a question...NC

http://www.cato-at-liberty.org/2010/06/14/rep-bob-etheridge-assaults-student/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Cato-at-liberty+%28Cato+at+Liberty%29

WHO ARE YOU, "Mr. Etheridge" to assault a student asking you a question on a public street?

YOU should be in jail. I hope he sues you personally for assault, for denying him his Constitutional rights.

Jerk. Feeling some pressure, are you?

Another excellent post from JPFO - Read the last sentence first.

Know Thine Enemy

By Kirby Ferris

Jews for the Preservation of Firearms Ownership. © JPFO 2009

JPFO, not all that long after its founding, presented an essay by Gus Cotey in a popular magazine of the time. I read this article and shook my head in disbelief. Cotey had NAILED it! I did something I’d never done: I tracked down the author’s phone number and called him and congratulated him on what was a terrific breakthrough in understanding. It was a breakthrough that all gun owners could use as “high impact” intellectual ammunition.

What Cotey had done, with marvelous perception, was identify the seven personality types that make up the victim disarmament crowd. Cotey saw through the emotionalized preaching and posturing and pandering and put the true motivations of these dangerous buffoons under a microscope.

And today, you name ‘em: Dianne Feinstein, cackling Carolyn McCarthy, Smirky Chuckie Schumer, our new Attorney General Eric Holder, duplicitous movie stars like Daniel “Defiance” Craig, vile manipulators like Michael Moore, sob sister Sarah Brady … the entire list of gun grabbers.

The next time some politician, celebrity, journalist or jabbering spokesperson speaks out for the disarmament of the American people, you can file that popinjay’s name in one (or more) of seven boxes. We must understand these liars before we can defeat them.

Without further ado, I proudly present ..…

---

THE SEVEN VARIETIES OF
GUN CONTROL ADVOCATE

by
Gus Cotey, Jr.

Jews for the Preservation of Firearms Ownership. © JPFO 2009

The right of decent private citizens to personally possess, transport, and responsibly use arms without government interference is the ultimate freedom and the main pillar supporting all other liberties. Few cultures have allowed their general population access to weapons, the tools of power, to the same degree as the United States. Instead, most societies have restricted the keeping and bearing of arms to a select few power brokers and their agents, often resulting in oppression on a grand scale.

Despite a massive amount of historical evidence to the contrary, there is a substantial body of Americans, many occupying positions of influence, who contend that the abrogation of the Second Amendment is the quickest path to domestic tranquility. Since this is as absurd as advocating blood-letting as a cure for anemia, it would seem advisable to question the motives and mentalities of the gun control advocates themselves.

In my observation, weapon prohibitionists can be broken down into seven major categories. Even though their motives may vary they all pose a mortal threat to liberty.

ELITISTS

Many of those in favor of oppressive firearms legislation are are best classed as elitists. Elitists frequently identify with a peer group based on wealth, power, rank, social status, occupation, education, ethnic group, etc. and perceive themselves and their peers as inherently superior to and more responsible than the "common people", thus more deserving of certain rights. Since elitists practically consider those outside their class or caste as members of another species, that most anti-elitist list of laws, the Bill of Rights is viewed by them as anathema. Naturally, the Second Amendment is their first target as it serves as the supporting structure for other nine amendments.

AUTHORITARIANS

Another type of individual who favors the restriction of private gun ownership is the authoritarian. Authoritarian personalities are characterized by their belief in unquestioning obedience to an authority figure or group and a disdain for individual freedom of action, expression, and judgement. Those with authoritarian personalities function well in symbiosis with elitists occupying positions of power. Because authoritarians repress their desires for autonomy they harbor a deep resentment toward free and independent thinkers. Of course authoritarians do not want firearms in the hands of the general population as this constitutes a major obstacle to fulfilling their pathological and obsessive desire to control people.

CRIMINALS

It goes without saying that career criminals would like to see the public disarmed for obvious reasons. A well-armed population makes crimes such as assault, robbery, and burglary hazardous for the perpetrator and this is bad for "business." Also, it would seem that even non-violent or "white collar" criminals live in constant fear of retribution from the public that they financially bleed and would therefore prefer that the public be disarmed. Evidence supporting this hypothesis can be gathered by studying the Second Amendment voting records of those legislators who have been convicted of willful misconduct.

THE FEARFUL

Cowards by definition are easily or excessively frightened by things and situations that are recognized as dangerous, difficult, or painful. It therefore stands to reason that the mere thought of guns and the circumstances in which they are employed causes them abnormal amounts of stress. Rather than admit their weakness to themselves or others, some fearful types jump on the anti-gun bandwagon and purport moral superiority to those "barbaric"enough to employ lethal force against armed assailants by claiming various humanitarian and pragmatic motives for allowing evil to remain unchecked. In reality, many of these individuals harbor an envy induced resentment toward anyone with the means, skill, and will to successfully stand up to criminal aggression.

The desire to assert oneself exists in nearly everyone, wimps included, so cowards seek out tame enemies against whom they can ply their pitiful brand of machismo. Instead of the sociopaths who commit acts of wanton aggression with guns, guns themselves and responsible gun owners are the main targets of their attacks. After all, real criminals are dangerous, so cowards prefer doing battle with inanimate objects that do not have a will of their own and decent law-abiding people whose high level of integrity and self discipline prevent them from physically lashing out against mere verbal assailants, however obnoxious they may be.

IDEOLOGICAL CHAMELEONS

Ideological chameleons follow the simple social strategy of avoiding controversy and confrontation by espousing the beliefs of the people in their immediate vicinity or advocating the philosophy of those who scream the loudest in a debate. Quite a few supposedly pro Second Amendment public officials have shown themselves to be ideological chameleons when they supported restrictions on the private possession of military style semiautomatic rifles following recent atrocities in which such firearms were employed. Like their reptilian namesake, people who merely blend in with the ambient philosophical foliage seem to have little insight into the moral and social ramifications of their actions. Political and/or economic gain along with avoidance of confrontation are their only goals.

SECURITY MONOPOLISTS

Security monopolists are those members and representatives of public and private security providing concerns who want the means of self protection out of private hands so that they can command high fees for protecting the citizenry against the rising tide of crime. These profiteers stand to loose a great deal of capital if citizens can efficiently defend themselves. To the security monopolist, each criminal who enters and exits the revolving door of justice is a renewable source of revenue providing jobs for police, social workers, victim counsellors, judges, prison employees, security guards, burglar alarm installers, locksmiths, and others employed by the security monopolies or their satellite organizations. No wonder it is so common for an honest citizen to be more ruthlessly hounded by the authorities when he shoots a criminal in self defense than a criminal who shoots honest citizens.

THE DYSFUNCTIONALLY UNWORLDLY

Just as a limb will weaken and atrophy if not used, so will aspects of the mind fail to develop if nothing in one's environment exists to challenge them. People who have led excessively sheltered lives tend to have a difficult time understanding certain cause and effect relationships and an even harder time appreciating just how cruel the world can be. These dysfunctionally unworldly types are truly perplexed at the very notion of firearms ownership with regard to defense. To them, tyranny and crime are things that happen in other places far removed from their "civilized" universe. Also, they do not understand the value of private property and why some people would fight for theirs since they never had to work hard to acquire what they possess. While those suffering from dysfunctional unworldliness are most often people who have been born into considerable wealth, this condition is also common in members of the clergy, academicians, practioners of the arts, and others who have spent much of their lives cloistered in a safe and pampering environment. While many of these people may be quite talented and intelligent in some ways, their extreme naivety makes them easy prey for the tyrants who use them for the financial support and favorable advertisement of their regimes. Needless to say, the anti-gun movement is well represented and financed by the dysfunctionally unworldly.

The price of liberty is eternal vigilance, and it behooves all vigilant lovers of liberty to know and be able to recognize the various types of arms prohibitionists and understand their differing but equally dangerous motives. Acquiring knowledge of one's foes is the first step toward defeating them. We must never forget that a threat to private firearms ownership is a threat to all freedoms.

The inalienable and fundamental right to keep and bear arms which is enumerated by (but actually predates) the Second Amendment to the U.S. Constitution is not about hunting, gun collecting, or target shooting. Its purpose is to insure that every responsible American personally possesses the means to defend the Republic from all forms of tyranny, within and without. It is what permits the other nine Amendments in the Bill of Rights to be more than mere hollow phrases on a piece of paper. Its free exercise is the antithesis of serfdom and the only meaningful form of holocaust insurance known to man.

We must never insult and degrade the spirits of our Founding Fathers by permitting the Second Amendment, the pillar of freedom, to be destroyed by the cold flame of legislative ink.