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The 10th Amendment Movement

by Michael Boldin
Hat tip:
Tenth Amendment Center
March 15, 2010

“If the federal government has the exclusive right to judge the extent of its own powers, warned the Kentucky and Virginia resolutions’ authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power.”
–Thomas E. Woods

The 10th Amendment Movement is an effort to push back against unconstitutional federal laws and regulations on a state level. The principle is known as “nullification,” and was advised by many prominent founders.

Current Nullification Efforts:

Potential Future Efforts:

  • Patriot Act
  • No Child Left Behind
  • State-Initiated Constitutional Amendments

History of Nullification: While the media generally portrays nullification as being solely aligned with the efforts of the nullifiers of the South and the Civil War, this is certainly false, and reeks of misinformation. Nullification has a long history in the American tradition and has been invoked in support of free speech, in opposition to war and fugitive slave laws, and more. Read more on this history here.


10th Amendment Resolutions
These non-binding resolutions, often called “state sovereignty resolutions” do no carry the force of law. Instead, they are intended to be a statement of the legislature of the state. They play an important role, however. If you owned an apartment building and had a tenant not paying rent, you wouldn’t show up with an empty truck to kick them out without first serving notice. That’s how we view these Resolutions – as serving “notice and demand” to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.” Follow-up, of course, is a must.
CLICK HERE FOR CURRENT 10TH AMENDMENT RESOLUTIONS

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Hooray For Starbucks

by Chuck Baldwin
March 2, 2010

The major news media was replete with reports over the weekend that the coffee company, Starbucks, “has no problem with customers packing heat while placing their orders.”

“The coffee giant says it won’t take issue with gun owners who take advantage of ‘open carry’ laws and bring firearms into their restaurant.” (Source: NBC News)

To tell you the truth, I’m not sure why this is even considered “newsworthy.” Perhaps because Starbucks is a Seattle-based company that caters to the “yuppie” crowd? Maybe because the anti-gun national news media is shocked and chagrined at Starbucks’ statement? Who knows? That Starbucks would not want to alienate millions of gun owners (many of whom lawfully carry concealed weapons for personal protection) makes perfectly good sense to me. I’m sure the statement by Starbucks has little to do with guns and everything to do with business. But the fact is, there are tens of thousands of lawfully armed citizens who carry either concealed or open that have been peacefully doing business with thousands of companies around the country for years.

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Utah firearms freedom act signed into law

Hat tip: Utah Tenth Amendment Center
Written by: Gary Wood
27. Feb, 2010

Sen. Margaret Dayton (R-Orem) introduced SB-11, Utah State-Made Firearms Protection Act on January 25th, 2010. By February 16th the legislative debates were over and the bill was passed by both houses and sent to Gov. Gary Herbert for his signature. After 10 days of public debate, with both sides of the issue encouraging action Gov. Herbert signed this fundamental legislation into law.

In a written statement Gov. Herbert explained his reasoning. “There are times when the state needs to push back against continued encroachment from the federal government. Sending the message that we will stand up for a proper balance between the state and federal government is a good thing.” Opponents will spend the next several days declaring their stance and criticizing his decision. At the same time the federal government will realize Utah has joined with Montana and Tennessee as states serious about the need for our federalist republic to be restored.

Our federal government is to be supreme in all matters pursuant to the U.S. Constitution. The improper precedents and usurpations under the federal judicial rulings surrounding Article 1, Section 8, Clause 3 (known as the Commerce Clause) are not supreme simply due to the fact they are outside the original meaning. By signing SB-11 Gov. Herbert places Utah in a position of proper authority while pressing the issue of supremacy back into the courts. As more states join this courageous move governing can begin the necessary restoration that will ultimately lead to the protection of people’s rights and responsibility.

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Executive Summary – The USA state of Montana has signed into power a revolutionary gun law. I mean REVOLUTIONARY

Hat tip: Panama Law

The State of Montana has defied the federal government and their gun laws. This will prompt a showdown between the federal government and the State of Montana. The federal government fears citizens owning guns. They try to curtail what types of guns they can own. The gun control laws all have one common goal – confiscation of privately owned firearms.

Montana has gone beyond drawing a line in the sand. They have challenged the Federal Government. The fed now either takes them on and risks them saying the federal agents have no right to violate their state gun laws and arrest the federal agents that try to enforce the federal firearms acts. This will be a world-class event to watch. Montana could go to voting for secession from the union, which is really throwing the gauntlet in Obamas face. If the federal government does nothing they lose face. Gotta love it.

Important Points – If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side. Since when did the USA start following their own laws especially the constitution of the USA, the very document that empowers the USA.

Silencers made in Montana and sold in Montana would be fully legal and not registered. As a note silencers were first used before the 007 movies as a device to enable one to hunt without disturbing neighbors and scaring game. They were also useful as devices to control noise when practicing so as to not disturb the neighbors.

Silencers work best with a bolt-action rifle. There is a long barrel and the chamber is closed tight so as to direct all the gases though the silencer at the tip of the barrel. Semi-auto pistols and revolvers do not really muffle the sound very well except on the silver screen. The revolvers bleed gas out with the sound all over the place. The semi-auto pistols bleed the gases out when the slide recoils back.

Silencers are maybe nice for snipers picking off enemy soldiers even though they reduce velocity but not very practical for hit men shooting pistols in crowded places. Silencers were useful tools for gun enthusiasts and hunters.

There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. So in a short period of time there would be millions and millions of unregistered untraceable guns in Montana. Way to go Montana.

Discussion – Let us see what Obama does. If he hits Montana hard they will probably vote to secede from the USA. The governor of Texas has already been refusing Federal money because he does not want to agree to the conditions that go with it and he has been saying secession is a right they have as sort of a threat. Things are no longer the same with the USA. Do not be deceived by Obama acting as if all is the same, it is not.

Text of the New Law:

Read more.