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Author Topic: Texas Gov. Perry Backs Resolution Affirming Texas? Sovereignty Under 10th Amendm  (Read 2250 times)

Offline FarmerRick

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How do we get something like this started in Nebraska? ??? ??? ???

http://governor.state.tx.us/news/press-release/12227/

 Texas Gov. Perry Backs Resolution Affirming Texas? Sovereignty Under 10th Amendment
HCR 50 Reiterates Texas? Rights Over Powers Not Otherwise Granted to Federal Government



AUSTIN ? Gov. Rick Perry today joined state Rep. Brandon Creighton and sponsors of House Concurrent Resolution (HCR) 50 in support of states? rights under the 10th Amendment to the U.S. Constitution.

?I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,? Gov. Perry said. ?That is why I am here today to express my unwavering support for efforts all across our country to reaffirm the states? rights affirmed by the Tenth Amendment to the U.S. Constitution. I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union.?

A number of recent federal proposals are not within the scope of the federal government?s constitutionally designated powers and impede the states? right to govern themselves. HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government.

It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed.

HCR 50 is authored by Representatives Brandon Creighton, Leo Berman, Bryan Hughes, Dan Gattis and Ryan Guillen.

To view the full text of the resolution, please visit:
http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HC00050I.htm.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline OnTheFly

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I like Texas for a lot of reasons.  This just adds to that list.

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Si vis pacem, para bellum

Offline Engineer5

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I know Indiana is also doing this.

What exactly does it mean?  What will change?
"Beware the fury of a patient man"

Offline Rich B

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I know Indiana is also doing this.

What exactly does it mean?  What will change?

No one knows... yet.
NRA Life Member.

Offline JimP

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How many states have done this already?  I heard 38 States can call for a Consttutional Convention.......
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline Roper

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I believe that Texas refused to take $'s from the stimulus package - which gives them a lot of credibility with this resolution in my book!  Our gov. felt like if he didn't take the money, some other state would get it - feels alittle like selling your soul.  Our state is so far from the mentality needed to take a stand like Texas, Oklahoma and Montana legislatures have taken.  If we can get LB 430 through w/out having crippling amendments attached, perhaps I'll feel better about trying to get our legislators to take a stand on something like the Texas resolution.   
Concentrated power has always been the enemy of liberty.
Ronald Reagan

Offline Ram Ringer

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If I recall Texas is the only state the could legally succeed from the Union. That was a stipulation they made when they went from being a soverign Nation to becoming a state. I am sure the other states could do it but Texas planned for this event from Day one.
"The Most Important Political Office Is That Of The Private Citizen"  Louis Brandeis

Offline Dan W

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I believe that Montana also has an opt out clause based on any changes made to the US Constitution that they did not agree to.This  is based on the fact that the Compact with the United States is a part of the Montana Constitution and that the Constitution reserves to the people the right to "alter or abolish the constitution and form of government whenever they deem it necessary." (Article II, Sec. 2)

Also, when Montana became a state, and the Montana Constitution was first approved by the people, there was language placed in this document, which is still present as Article II, Section 2, which says, "The people have the right of governing themselves as a free, sovereign, and independent state." Thus, the right of the people of Montana to separate themselves from the federal government has been reserved to the people in the Montana Constitution.
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline minnowmaker

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Nebraska will not do this because it is not good at "leading".  It isn't even very good at "following"!

Offline Rich B

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How many states have done this already?  I heard 38 States can call for a Constitutional Convention.......

The 10th amendment is already part of the Constitution.  The problem is the federal government treats the Constitution as a suggestion, not the supreme law of the land.

The world would be a different place if the 10th was followed and the commerce clause wasn't molested.
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Offline Ram Ringer

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Thanks Dan I was not aware of the Montana Clause.
"The Most Important Political Office Is That Of The Private Citizen"  Louis Brandeis

Offline Dan W

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http://www.tenthamendmentcenter.com/2009/07/18/the-battle-begins-atf-vs-the-constitution/




Posted on 18 July 2009

by Bryce Shonka

A line was drawn in the sand last week - a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution.

Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power,  the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7.  The House companion bill, HB1796 previously passed the House by a vote of 87-1.

Governor Breseden allowed the bill to become law without signing.

The law states that ?federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.?

At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say-

?Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state ? enough is enough.  Our founders fought too hard to ensure states? sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don?t belong.?

The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ?all Tennessee Federal Firearms Licensees? in which it denounced the opinion of Beavers and the Tennessee legislature.  ATF assistant director Carson W. Carroll wrote that ?Federal law supersedes the Act?, and thus the ATF considers it meaningless.

Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders? vision of constitutional government:

?The letter says, in part, ?because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.? That is precisely what I predicted the Federal Government?s response to the Tennessee act would be.  As I told Judge Andrew Napolitano on Fox News?s Glenn Beck Program on June 5, 2009, federal officials don?t care about a good historical argument concerning the meaning of the Constitution.?

?Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.?

?This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn?t suit them.?

The Federal Government has regularly claimed that the commerce clause of the constitution, which gives DC authority to regulate commerce between the states, gives them authority to regulate or add prohibitions on items that never cross state lines.

One notable use of the commerce clause in this manner can be found in the 2005 decision by the Supreme Court in ?Gonzales vs. Raich?, where  the court contended that consuming one?s locally grown marijuana for medical purposes affects the interstate market of marijuana, and hence that the federal government may regulate?and prohibit?such consumption.  They used this claim, even though at the same time they made it clear that no legal market for marijuana exists.

One key aspect of the ATF?s letter is that it was only sent out to existing Federal Firearms Licensees, those generally already in compliance with federal regulations - and who likely would not have participated in the TN Firearms Freedom act anyway, according to sources close to Tenth Amendment Center.

Ultimately what the letter represents is another move in the chess match being played out between the states and the Federal Government, the resolution of which may not be seen for quite some time.

Below is the full text of the letter sent last week by the ATF:

?U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
OPEN LETTER TO ALL TENNESSEE
FEDERAL FIREARMS LICENSEES

The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (?FFL?). The Bureau of Alcohol, Tobacco, Firearms and Explosives (?ATF?) is dedicated to your success in meeting your requirements as a Federal firearms licensee. The following guidance is intended to assist you in accomplishing this goal.

The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 (?Act?), effective June 19, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. The information required must be recorded in the licensee?s records not later than the seventh day following the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunition have crossed state lines.

If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of ATF office phone numbers can be found at http://www.atf.gov/contact/field.htm. Carson W. Carroll, Assistant Director (Enforcement Programs and Services)?
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline SBarry

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BATFE's new slogan: "We're itchin' for a showdown."

Bastards >:(
The sheep don't like this sheepdog until the wolves start working the flock.

Offline FarmerRick

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http://www.tenthamendmentcenter.com/2009/07/18/the-battle-begins-atf-vs-the-constitution/




Posted on 18 July 2009

by Bryce Shonka

A line was drawn in the sand last week - a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution.

Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power,  the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7.  The House companion bill, HB1796 previously passed the House by a vote of 87-1.

Governor Breseden allowed the bill to become law without signing.

The law states that ?federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.?

At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say-

?Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state ? enough is enough.  Our founders fought too hard to ensure states? sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don?t belong.?

The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ?all Tennessee Federal Firearms Licensees? in which it denounced the opinion of Beavers and the Tennessee legislature.  ATF assistant director Carson W. Carroll wrote that ?Federal law supersedes the Act?, and thus the ATF considers it meaningless.

Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders? vision of constitutional government:

?The letter says, in part, ?because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.? That is precisely what I predicted the Federal Government?s response to the Tennessee act would be.  As I told Judge Andrew Napolitano on Fox News?s Glenn Beck Program on June 5, 2009, federal officials don?t care about a good historical argument concerning the meaning of the Constitution.?

?Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.?

?This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn?t suit them.?

The Federal Government has regularly claimed that the commerce clause of the constitution, which gives DC authority to regulate commerce between the states, gives them authority to regulate or add prohibitions on items that never cross state lines.

One notable use of the commerce clause in this manner can be found in the 2005 decision by the Supreme Court in ?Gonzales vs. Raich?, where  the court contended that consuming one?s locally grown marijuana for medical purposes affects the interstate market of marijuana, and hence that the federal government may regulate?and prohibit?such consumption.  They used this claim, even though at the same time they made it clear that no legal market for marijuana exists.

One key aspect of the ATF?s letter is that it was only sent out to existing Federal Firearms Licensees, those generally already in compliance with federal regulations - and who likely would not have participated in the TN Firearms Freedom act anyway, according to sources close to Tenth Amendment Center.

Ultimately what the letter represents is another move in the chess match being played out between the states and the Federal Government, the resolution of which may not be seen for quite some time.

Below is the full text of the letter sent last week by the ATF:

?U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
OPEN LETTER TO ALL TENNESSEE
FEDERAL FIREARMS LICENSEES

The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (?FFL?). The Bureau of Alcohol, Tobacco, Firearms and Explosives (?ATF?) is dedicated to your success in meeting your requirements as a Federal firearms licensee. The following guidance is intended to assist you in accomplishing this goal.

The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 (?Act?), effective June 19, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. The information required must be recorded in the licensee?s records not later than the seventh day following the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunition have crossed state lines.

If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of ATF office phone numbers can be found at http://www.atf.gov/contact/field.htm. Carson W. Carroll, Assistant Director (Enforcement Programs and Services)?


The BATFE has sent the same letter to all Montana FFL's.

Let the fun begin.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline huskergun

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Nebraska NEEDS to stand up for its self and show solidarity with those who are willing to fight for their rights.
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
Thomas Jefferson




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Offline gboyle2

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A Sovereignty Resolution will be introduced durring the next session of the unicameral.  We are going to need help to push it out of committee.  You can help by going to,  http://www.ipetitions.com/petition/nebraskasovereignty/  It's just a point and click away, so lend your support to Nebraska State Sovereignty!!