This law was created by the Tenth Amendment Center to nullify any attempt by the federal government to overrule our county's and states environmental laws. Many environmentalists don't understand, but they need to. We have to fight the big pollution the right way, not by empowering the polluters more. If Cap and Trade is implemented, the polluters win. If you don't know what cap and trade is click on the link.
We should have the power to regulate polluters more, as toxic pollution increases our disease and health problems, and the feds shouldn't have the right to force us to regulate less. We need state sovereignty over the environment, Agenda 21, Geo-Engineering, GMO Foods and more. Cap and Trade is a ludicrous proposal to trick people with altruistic ideals for a cleaner world, into accepting a tax, that raises the cost of living, and only goes to "carbon credits" that are deemed by the polluters as acceptable means to allow them to pollute as much as they want, beyond even the current EPA laws, as long as they fund some "offsets" somewhere else. The whole system would not be regulated by the people. Why pay the same banks that created the problems a tax to fix the problem when they are already so bloody rich they could just invest in clean alternatives if they wanted too? They don't care about the environment, they care about money. Just look at how Monsanto said they would "feed the world." Meanwhile they made record profits and Somalia went through a famine! You never hear Al Gore advocating that we legalize hemp, or plant trees! What we need to worry about is global toxicity, not warming. We need local accountability, not watered down federal authoritarianism and taxation. I will update this article in the future with lots of links and facts. Thanks for checking it out. Here is the legislation.Get involved in helping to join networks to see this bill on your local ballot. Join us at http://www.activismtruth.com
BE IT ENACTED BY THE PEOPLE OF THE STATE OF (enter state):
SECTION 1. Pursuant to (SECTION AND ARTICLE) of the (STATE)
Constitution, there is hereby ordered the following legislative
referendum which shall be filed with the Secretary of State and
addressed to the Governor of the state, who shall submit the same to the
people for their approval or rejection at the General Election, to be
held on (DATE).
SECTION 2. NEW LAW A new section of law to be codified in the
(STATE) Statutes as (SECTION AND TITLE), unless there is created a
duplication in numbering, reads as follows:
This act shall be known and may be cited as the “(STATE) Environmental Authority Actâ€.
SECTION 3. NEW LAW A new section of law to be codified in the
(STATE) Statutes as (SECTION AND TITLE), unless there is created a
duplication in numbering, reads as follows:
The Legislature finds that the:
1. Tenth Amendment defines the total scope of federal power as being
that which has been delegated by the People of the Several States to
the federal government, and all power not delegated to the federal
government in the Constitution of the United States is reserved to the
States, respectively or to the People themselves. The powers reserved
to the People and the State of (STATE) are those powers as they were
understood at the time that (STATE) was admitted to statehood, excluding
amendments. The reservation of those powers is a matter of contract
between the state and people of (STATE) and the United States as of the
time that the compact with the United States was agreed upon and adopted
by (STATE) and the United States;
2. Ninth Amendment to the United States Constitution prohibits the
federal government from violating or infringing upon rights not
specifically enumerated in the Constitution and reserves to the people
of (STATE) certain rights as they were understood at the time that
(STATE) was admitted to statehood, excluding amendments. The guarantee
of those rights is a matter of contract between the people and the State
of (STATE) and the United States as of the time that the compact with
the United States was agreed upon and adopted by (STATE) and the United
States; and
3. Power to regulate interstate commerce was delegated to the
federal government in the Constitution. As understood at the time of the
founding, the regulation of commerce was meant to empower Congress to
regulate the buying and selling of products made by others (and
sometimes land), associated finance and financial instruments, and
navigation and other carriage, across state jurisdictional lines. This
interstate regulation of “commerce†did not include agriculture,
manufacturing, mining, malum in se crime, or land use. Nor did it
include activities that merely “substantially affected†commerce;
and
4. Power vested in Congress to “regulate†an activity does not include the power to “prohibit†such activity; and
5. Regulation of intrastate commerce is reserved to the States or to
the People under the Ninth and Tenth Amendments to the United States
Constitution.
SECTION 4. NEW LAW A new section of law to be codified in the
(STATE) Statutes as (SECTION AND TITLE), unless there is created a
duplication in numbering, reads as follows:
A. The Legislature of the State of (STATE) declares that the
regulation of hazardous waste, clean air, water and of the production,
exploration, drilling, development, operation, transportation and
processing of oil, natural gas, petroleum, and petroleum products that
originate and remain inside the State of (STATE) and have not been
proven and adjudicated by the (STATE) court system or the federal court
system to specifically be causing, or to have caused, quantifiable harm
to any persons or places beyond the borders of (STATE) shall be
intrastate commerce and shall not be subject to federal law or federal
regulation under the authority of the United States Congress to regulate
interstate commerce.
B. Each state environmental agency and each state agency with
limited environmental responsibilities, within its areas of
environmental jurisdiction, shall to the extent deemed necessary
cooperate with federal environmental agencies in the regulation of
hazardous waste, clean air, water and of the production, exploration,
drilling, development, operation, transportation and processing of oil,
natural gas, petroleum, and petroleum products but shall not be required
to enforce federal laws or regulations relating to such environmental
regulation.
SECTION 5. Any federal law, rule, order, or other act by the federal
government violating the provisions of this act is hereby declared to
be invalid in this state, is not recognized by and is specifically
rejected by this state, and is considered as null and void and of no
effect in this state.
SECTION 6. Any official, agent, or employee of the government of the
United States, or employee of a corporation providing services to the
government of the United States that enforces or attempts to enforce an
act, order, law, statute, rule or regulation of the government of the
United States in violation of this act shall be guilty of a class B
felony.
SECTION 7. Any public servant of the State of (STATE) that enforces
or attempts to enforce an act, order, law, statute, rule or regulation
of the government of the United States in violation of this act shall be
guilty of a class B misdemeanor.
SECTION 8. This act shall become effective (DATE), upon approval by the people of the State of (STATE)
Friday, May 31, 2013
10th Amendment Strengthening
The following four pieces of legislation was published at the Tenth Amendment Center. The first piece of legislation was created by the Constitution Society.
The last fifth initiative is from the Arizona Checks and Balances PAC http://checksandbalancesaz.com
From the Tenth Amendment Center.
"An important way to seek constitutional compliance is to organize widespread civil refusal to comply with unlawful official actions. A precedent for this was the 1783 Pennsylvania Council of Censors, discussed by James Madison in Federalist #48. The items below concern doing this at the state level for federal actions."
This legislation can be enacted by the people, using the citizen ballot initiative process. Rather than wait for the politicians, learn how you can network with others so "we the people" can do this ourselves! Join http://www.ActivismTruth.com today and be part of the solution!
1. Commission. Establish a “Federal Action Review Commission”, as a kind of grand jury, to meet frequently with rotating membership drawn from a pool of constitutionally knowledgeable persons, excluding public employees, contractors, or pensioners, active lawyers, or current members, selected at random by a sortition process. Such commission shall be empowered to review the constitutionality of current or proposed federal legislation, regulations, practices, rules, decisions or other actions, and if it finds such actions to be unconstitutional, to issue an edict, with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to also refuse to cooperate.
2. Structure and procedure. The Commission shall consist of 23 members, who shall serve for staggered terms of 6 months each, except initially. The selection pool shall be filled each year with one nominee from each of the local grand juries throughout the State. The Commission shall elect its foreperson, adopt rules of procedure, and meet for at least one hour once a week, with a quorum of 16, and a vote of 12 required to issue a report. It may only report findings of unconstitutionality. It shall base its findings on a presumption of nonauthority, and require strict proof of constitutionality from logical and textual analysis and historical evidence, not court precedent. It shall be open to direct complaints of the unconstitutionality of federal actions from any citizen, subject only to orderly scheduling which it shall prescribe. It shall have the power to subpoena witnesses, and its deliberations shall be secret, except that it may disclose anything in its reports. It may authorize criminal prosecution by issuing an indictment to any person, not necessarily a lawyer, upon a finding that the court cited in the indictment has jurisdiction and that evidence of guilt is sufficient for trial.
3. Penalties. State and local officials, employees, and contractors shall be duly notified in writing of such edicts within ten days and shall have twenty days to comply or be subject to termination after one written warning and a second failure to refuse to cooperate with federal officials and agents. No official, employee, or contractor shall be penalized for compliance with an edict of the Commission.
4. Funding. A state fund shall be established to pay for private legal counsel and provide financial support of state citizens and agents who refuse to cooperate with unconstitutional federal actions, with the intention to obtain judicial decisions that support the unconstitutionality of the federal actions, and hold the resisting citizen harmless.
(view MS Word version here)
By: __________________________ ________. J.R. No. _______
A JOINT RESOLUTION
proposing a constitutional amendment relating to the establishment of a state grand jury for the review of the constitutionality of the actions of United States government officials and agents, and to authorize state grand juries to investigate public administration.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article XVI, Texas Constitution, is amended by adding Sections 74 and 75 to read as follows:
Sec. 74. FEDERAL ACTION REVIEW COMMISSION. (a) A state grand jury, to be called the “Federal Action Review Commission” (hereinafter “Commission” in this Section), shall be empaneled as provided below, and shall meet as often as they choose, or as the Legislature may direct, but no less than once a month.
(b) The Commission shall be empowered to review the constitutionality of current or proposed federal legislation, regulations, practices, rules, decisions or other actions. The Commission shall base its findings on a presumption of nonauthority, and require strict proof of constitutionality from logical and textual analysis and historical evidence, not court precedent.
(c) If the Commission finds such actions to be unconstitutional, it may issue an edict, with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to voluntarily refuse to cooperate. It may only report findings of unconstitutionality.
(d) The Commission shall consist of twenty-three members, who shall serve for staggered terms of 6 months each, except initially.
(e) Members of the Commission shall be selected at random, that is, by sortition, from a pool of candidates, one nominated by the grand jury of each county throughout the State at least once a year or more often as the Legislature may direct, from among constitutionally knowledgeable persons, excluding public employees, contractors, or pensioners, active lawyers, or current members.
(f) The Secretary of State shall administer the random drawing of the members of the Commission, and if he should fail to do so, then the State Attorney General shall do so.
(g) The Commission shall elect its foreperson, adopt rules of procedure, hear direct complaints from citizens, and have a quorum of sixteen, with a vote of twelve required to issue a report. Vacancies shall be filled by random drawing from the same pool.
(h) The Commission shall be open to direct complaints from any citizen, subject only to orderly scheduling which it shall prescribe.
(i) The Commission shall have the power to subpoena witnesses, enforced by any court it may designate.
(j) Deliberations of the Commission shall be secret, except that it may disclose anything in its reports.
(k) The Commission may authorize criminal prosecutions by issuing an indictment to any person, not necessarily a lawyer, upon a finding that the court cited in the indictment has jurisdiction and that evidence of guilt is sufficient for trial.
(l) State and local officials, employees, and contractors shall be duly notified in writing of commission edicts within ten days and shall have twenty days to comply or be subject to termination after one written warning and a second failure to refuse to cooperate with federal officials and agents. No official, employee, or contractor shall be penalized for compliance with an edict of the Commission.
(m)The Legislature is authorized to establish a state fund to pay for private legal counsel and provide financial support of state citizens and agents who refuse to cooperate with unconstitutional federal actions, with the intention to obtain judicial decisions that support the unconstitutionality of the federal actions, and hold the resisting citizen harmless.
(n) The Legislature is authorized to enact legislation needed to implement this Section. Members shall be compensated on the same terms as other grand jurors in the State.
Sec. 75. STATE GRAND JURIES. (a) At least one state grand jury, and as many more as the Legislature may provide, shall be empaneled, and shall operate in the same manner as specified in Art. XVI, Sec. 74(d-k).
(b) The state grand juries prescribed under this Section shall be empowered to hear citizen complaints about misconduct of public officials, and to investigate public administration, state or local, at its own initiative, but no such state grand jury shall devote more than one-fourth of its working hours to indictments, and if more time is needed, may itself convene additional state grand juries of the same kind, up to a maximum of ten.
(c) The Legislature is authorized to enact legislation needed to implement this Section. Members shall be compensated on the same terms as other grand jurors in the State.
SECTION 2. The following temporary provision is added to the Texas Constitution:
The first eight members selected of the Federal Action Review Commission and each State Grand Jury shall serve for six months, the second eight for four months, and the last seven for two months.
SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held (DATE). The ballot shall be printed to provide for voting for or against the proposition: “The constitutional amendment to establish state grand juries, one called the Federal Action Review Commission, to hear citizen complaints about the constitutionality of the actions of federal officials or agents, and if it finds them unconstitutional, to authorize and direct non-cooperation with such actions by state officials, agents, and contractors; and the second kind to investigate official misconduct and public administration.”
A RESOLUTION affirming the sovereignty of the People of the State of _________.
WHEREAS, in the American system, sovereignty is defined as final authority, and the People, not government, are sovereign; and
WHEREAS, the people of the State of __________ are not united with the People of the other forty-nine states that comprise the United States of America on a principle of unlimited submission to their federal government; and
WHEREAS, all power not delegated by the people to government is retained; and
WHEREAS, the People of the several States comprising the United States of America created the federal government to be their agent for certain enumerated purposes only; and
WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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;” and
WHEREAS, the Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government in the Constitution of the United States, and also that which is necessary and proper to carry into execution those enumerated powers; with the rest being left to state governments or the people themselves; and
WHEREAS, powers, too numerous to list for the purposes of this resolution, have been exercised, past and present, by federal administrations, under the leadership of both Democrats and Republicans, which infringe on the sovereignty of the people of this state, and may further violate the Constitution of the United States; and
WHEREAS, when powers are assumed by the federal government which have not been delegated to it by the People, a nullification of the act is the rightful remedy; that without this remedy, the People of this State would be under the dominion, absolute and unlimited, of whoever might exercise this right of judgment for them.
NOW THEREFORE, BE IT RESOLVED BY THE _____ OF THE _______ GENERAL ASSEMBLY OF THE STATE OF ______, WITH THE SENATE
CONCURRING, that we hereby affirm the sovereignty of the People of the State of _______ under the Tenth Amendment to the Constitution of the United States over all powers not otherwise delegated to the federal government by the Constitution of the United States; and, be it further
RESOLVED, that this Resolution shall serve as a Notice and Demand to the federal government to cease and desist any and all activities outside the scope of their constitutionally-delegated powers; and, it be further
RESOLVED, that a committee of conference be appointed by this legislature, which shall have as its charge to recommend and propose legislation which would have the effect of nullifying specific federal laws and regulations which are outside the scope of the powers delegated by the People to the federal government in the Constitution; and, be it further
RESOLVED, that a committee of correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship as currently exists; that it considers union, for specified national purposes, and particularly those enumerated in the Constitution of the United States, to be friendly to the peace, happiness and prosperity of all the States; and, be it further
RESOLVED, that a certified copy of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of this State’s Congressional delegation with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.
SECTION 1. LEGISLATIVE FINDINGS
The legislature of the State of [STATE] finds that,
1. The People of the Several States by virtue of their mutual compact created the federal government, as documented in the United States Constitution;
2. The People of the Several States set forth in the Constitution those powers which the several States delegated to the federal government;
3. The legislative powers which the the People of the Several States delegated to the federal government are set forth in the Constitution of the United States;
4. By virtue of the Tenth Amendment to the Constitution set forth in the Bill of Rights, the People of the Several States reserved to themselves, and to the People, all powers which were neither specifically delegated to the federal government in the Constitution nor expressly prohibited to the States therein;
5. Article V of the Constitution sets forth an express mechanism for proposing and approving amendments to the Constitution should powers not originally delegated by the People of the Several States to the federal government in the Constitution be deemed needful;
6. Under VI of the Constitution, the Constitution itself, and only those laws enacted by the federal government in pursuance of the Constitution under the powers actually delegated to it by the People of the Several States under the Constitution, are the supreme law of the land;
7. The federal government has assumed various powers not delegated to it by the People of the Several States according to the plain meaning of the language in the Constitution which delegates such powers;
8. The federal government, in reliance on the so-called commerce clause, general welfare clause and/or necessary and proper clause of the Constitution, exercises virtually unlimited power over all aspects of the lives of the People of the Several States, rendering meaningless the enumeration of limited powers which the People of the Several States delegated to the federal government;
9. The Tenth Amendment to the Constitution expressly provides:
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.
SECTION 2. NEW LAW, SHORT TITLE.
This Act may be cited as the ‘Uniform Enumerated Powers Act’.
Sec. 102a. Constitutional authority clause
Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. If Congress shall fail or refuse to comply with this section, such Act, or any portion of such Act, shall be unauthoritative, void, and of no effect in the State of [STATE].
Sec. 102b. Concise and definite statement
The concise and definite statement of constitutional authority shall contain, at a minimum, the Article, Section and subsection or clause of the Constitution relied upon for the enactment of each portion of a federal Act.
When relying upon any interpretation of a delegated power that is not within the plain meaning and original intent of the words setting forth the delegated power, Congress shall provide a concise statement of the interpretation of such power from the minutes and records of the Constitutional Convention and/or the various ratifying conventions of the several states.
For purposes of this Act, any reliance upon the authority of the so-called “Commerce Clauseâ€, “Necessary and Proper Clause†or “General Welfare Clause†shall be deemed not within the plain meaning of the words setting forth the delegated power.
SECTION 3.
This act takes effect upon approval by theGovernor People.
Be it enacted by the General Assembly of (STATE):
SECTION 1.
This Act shall be known and may be cited as the “Intrastate Commerce Act.”
SECTION 2.
(TITLE) of the Official Code of (STATE), relating to commerce and trade, is amended by adding a new chapter to read as follows:
(CHAPTER)
The General Assembly declares:
(A) The Tenth Amendment to the Constitution of the United States codifies in law that the only powers which the Federal Government may exercise are those that have been delegated to it in the Constitution of the United States;
(B) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of (STATE) those rights;
(C) Under Article I, Section 8, Clause 3 of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states;
(D) The power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments to the Constitution of the United States;
(E) During the Constitutional Convention, the Founders considered a plan which would have authorized the federal government to not only regulate commerce among the several states, but also any activity having spillover effects across state lines. They rejected it;
(F) All goods grown, manufactured or made in (STATE) and all services, performed in (STATE), when such goods or services are sold, maintained, or retained in (STATE), shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce among the several states;
(G) The provisions of this chapter shall apply to goods and services that are produced and retained in (STATE) after (DATE);
(H) Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding two thousand dollars ($2,000.00), or a term of imprisonment not exceeding two (2) years, or both;
(I) Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment;
SECTION 3.
This act takes effect upon approval by theGovernor People.
This last one is from Checks and Balances AZ
OFFICIAL TITLE
AN INITIATIVE CONSTITUTIONAL AMENDMENT
Checks & Balances In Government Act
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY AMENDING SECTION 3; THE CONSTITUTION OF THE UNITED STATES IS THE SUPREME LAW OF THE LAND AND MAY NOT BE VIOLATED BY THE FEDERAL, STATE, OR ANY LOCAL GOVERNMENT. TO PROTECT THEIR FREEDOMS AND PRESERVE THE CHECKS AND BALANCES OF THE UNITED STATES CONSTITUTION, THE PEOPLE OF ARIZONA SHALL BE EMPOWERED TO REJECT ANY FEDERAL ACTION THAT THEY DETERMINE VIOLATES THE UNITED STATES CONSTITUTION. IN ADDITION TO ALL OTHER AVAILABLE LEGAL REMEDIES, THEY MAY DO SO BY 1) MAJORITY VOTE IN AN INITIATIVE OR REFERENDUM, OR 2) MAJORITY VOTE OF THEIR REPRESENTATIVES IN BOTH HOUSES OF THE LEGISLATURE WITH THE SIGNATURE OF THE GOVERNOR.
TEXT OF PROPOSED AMENDMENT
Be it enacted by the People of the State of Arizona:
The Constitution of Arizona is proposed to be amended as follows if approved by a majority of the votes cast thereon and on proclamation of the Governor.
Section 1. Article II, Constitution of Arizona, is amended in Section 3 as follows:
Section 3. Supreme law of the land
The Constitution of the United States is the supreme law of the land AND MAY NOT BE VIOLATED BY THE FEDERAL, STATE, OR ANY LOCAL GOVERNMENT. TO PROTECT THEIR FREEDOMS AND PRESERVE THE CHECKS AND BALANCES OF THE UNITED STATES CONSTITUTION, THE PEOPLE OF ARIZONA ARE EMPOWERED TO REJECT ANY FEDERAL ACTION THAT THEY DETERMINE VIOLATES THE UNITED STATES CONSTITUTION. IN ADDITION TO ALL OTHER AVAILABLE LEGAL REMEDIES, THEY MAY DO SO BY 1) A MAJORITY OF VOTES CAST IN AN INITIATIVE OR REFERENDUM, OR 2) A MAJORITY VOTE OF THEIR REPRESENTATIVES IN BOTH HOUSES OF THE LEGISLATURE WITH THE SIGNATURE OF THE GOVERNOR.
The last fifth initiative is from the Arizona Checks and Balances PAC http://checksandbalancesaz.com
From the Tenth Amendment Center.
"An important way to seek constitutional compliance is to organize widespread civil refusal to comply with unlawful official actions. A precedent for this was the 1783 Pennsylvania Council of Censors, discussed by James Madison in Federalist #48. The items below concern doing this at the state level for federal actions."
This legislation can be enacted by the people, using the citizen ballot initiative process. Rather than wait for the politicians, learn how you can network with others so "we the people" can do this ourselves! Join http://www.ActivismTruth.com today and be part of the solution!
10th Amendment Commission
1. Commission. Establish a “Federal Action Review Commission”, as a kind of grand jury, to meet frequently with rotating membership drawn from a pool of constitutionally knowledgeable persons, excluding public employees, contractors, or pensioners, active lawyers, or current members, selected at random by a sortition process. Such commission shall be empowered to review the constitutionality of current or proposed federal legislation, regulations, practices, rules, decisions or other actions, and if it finds such actions to be unconstitutional, to issue an edict, with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to also refuse to cooperate.
2. Structure and procedure. The Commission shall consist of 23 members, who shall serve for staggered terms of 6 months each, except initially. The selection pool shall be filled each year with one nominee from each of the local grand juries throughout the State. The Commission shall elect its foreperson, adopt rules of procedure, and meet for at least one hour once a week, with a quorum of 16, and a vote of 12 required to issue a report. It may only report findings of unconstitutionality. It shall base its findings on a presumption of nonauthority, and require strict proof of constitutionality from logical and textual analysis and historical evidence, not court precedent. It shall be open to direct complaints of the unconstitutionality of federal actions from any citizen, subject only to orderly scheduling which it shall prescribe. It shall have the power to subpoena witnesses, and its deliberations shall be secret, except that it may disclose anything in its reports. It may authorize criminal prosecution by issuing an indictment to any person, not necessarily a lawyer, upon a finding that the court cited in the indictment has jurisdiction and that evidence of guilt is sufficient for trial.
3. Penalties. State and local officials, employees, and contractors shall be duly notified in writing of such edicts within ten days and shall have twenty days to comply or be subject to termination after one written warning and a second failure to refuse to cooperate with federal officials and agents. No official, employee, or contractor shall be penalized for compliance with an edict of the Commission.
4. Funding. A state fund shall be established to pay for private legal counsel and provide financial support of state citizens and agents who refuse to cooperate with unconstitutional federal actions, with the intention to obtain judicial decisions that support the unconstitutionality of the federal actions, and hold the resisting citizen harmless.
FEDERAL ACTION REVIEW COMMISSION
Model legislation, as drafted for the State of Texas. It can be adapted to other states by increasing the number of Commission nominees from each county grand jury by enough to have a pool of at least 230, or ten times the number of grand jurors.(view MS Word version here)
By: __________________________ ________. J.R. No. _______
A JOINT RESOLUTION
proposing a constitutional amendment relating to the establishment of a state grand jury for the review of the constitutionality of the actions of United States government officials and agents, and to authorize state grand juries to investigate public administration.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article XVI, Texas Constitution, is amended by adding Sections 74 and 75 to read as follows:
Sec. 74. FEDERAL ACTION REVIEW COMMISSION. (a) A state grand jury, to be called the “Federal Action Review Commission” (hereinafter “Commission” in this Section), shall be empaneled as provided below, and shall meet as often as they choose, or as the Legislature may direct, but no less than once a month.
(b) The Commission shall be empowered to review the constitutionality of current or proposed federal legislation, regulations, practices, rules, decisions or other actions. The Commission shall base its findings on a presumption of nonauthority, and require strict proof of constitutionality from logical and textual analysis and historical evidence, not court precedent.
(c) If the Commission finds such actions to be unconstitutional, it may issue an edict, with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to voluntarily refuse to cooperate. It may only report findings of unconstitutionality.
(d) The Commission shall consist of twenty-three members, who shall serve for staggered terms of 6 months each, except initially.
(e) Members of the Commission shall be selected at random, that is, by sortition, from a pool of candidates, one nominated by the grand jury of each county throughout the State at least once a year or more often as the Legislature may direct, from among constitutionally knowledgeable persons, excluding public employees, contractors, or pensioners, active lawyers, or current members.
(f) The Secretary of State shall administer the random drawing of the members of the Commission, and if he should fail to do so, then the State Attorney General shall do so.
(g) The Commission shall elect its foreperson, adopt rules of procedure, hear direct complaints from citizens, and have a quorum of sixteen, with a vote of twelve required to issue a report. Vacancies shall be filled by random drawing from the same pool.
(h) The Commission shall be open to direct complaints from any citizen, subject only to orderly scheduling which it shall prescribe.
(i) The Commission shall have the power to subpoena witnesses, enforced by any court it may designate.
(j) Deliberations of the Commission shall be secret, except that it may disclose anything in its reports.
(k) The Commission may authorize criminal prosecutions by issuing an indictment to any person, not necessarily a lawyer, upon a finding that the court cited in the indictment has jurisdiction and that evidence of guilt is sufficient for trial.
(l) State and local officials, employees, and contractors shall be duly notified in writing of commission edicts within ten days and shall have twenty days to comply or be subject to termination after one written warning and a second failure to refuse to cooperate with federal officials and agents. No official, employee, or contractor shall be penalized for compliance with an edict of the Commission.
(m)The Legislature is authorized to establish a state fund to pay for private legal counsel and provide financial support of state citizens and agents who refuse to cooperate with unconstitutional federal actions, with the intention to obtain judicial decisions that support the unconstitutionality of the federal actions, and hold the resisting citizen harmless.
(n) The Legislature is authorized to enact legislation needed to implement this Section. Members shall be compensated on the same terms as other grand jurors in the State.
Sec. 75. STATE GRAND JURIES. (a) At least one state grand jury, and as many more as the Legislature may provide, shall be empaneled, and shall operate in the same manner as specified in Art. XVI, Sec. 74(d-k).
(b) The state grand juries prescribed under this Section shall be empowered to hear citizen complaints about misconduct of public officials, and to investigate public administration, state or local, at its own initiative, but no such state grand jury shall devote more than one-fourth of its working hours to indictments, and if more time is needed, may itself convene additional state grand juries of the same kind, up to a maximum of ten.
(c) The Legislature is authorized to enact legislation needed to implement this Section. Members shall be compensated on the same terms as other grand jurors in the State.
SECTION 2. The following temporary provision is added to the Texas Constitution:
The first eight members selected of the Federal Action Review Commission and each State Grand Jury shall serve for six months, the second eight for four months, and the last seven for two months.
SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held (DATE). The ballot shall be printed to provide for voting for or against the proposition: “The constitutional amendment to establish state grand juries, one called the Federal Action Review Commission, to hear citizen complaints about the constitutionality of the actions of federal officials or agents, and if it finds them unconstitutional, to authorize and direct non-cooperation with such actions by state officials, agents, and contractors; and the second kind to investigate official misconduct and public administration.”
10th Amendment Resolution
A RESOLUTION affirming the sovereignty of the People of the State of _________.
WHEREAS, in the American system, sovereignty is defined as final authority, and the People, not government, are sovereign; and
WHEREAS, the people of the State of __________ are not united with the People of the other forty-nine states that comprise the United States of America on a principle of unlimited submission to their federal government; and
WHEREAS, all power not delegated by the people to government is retained; and
WHEREAS, the People of the several States comprising the United States of America created the federal government to be their agent for certain enumerated purposes only; and
WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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;” and
WHEREAS, the Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government in the Constitution of the United States, and also that which is necessary and proper to carry into execution those enumerated powers; with the rest being left to state governments or the people themselves; and
WHEREAS, powers, too numerous to list for the purposes of this resolution, have been exercised, past and present, by federal administrations, under the leadership of both Democrats and Republicans, which infringe on the sovereignty of the people of this state, and may further violate the Constitution of the United States; and
WHEREAS, when powers are assumed by the federal government which have not been delegated to it by the People, a nullification of the act is the rightful remedy; that without this remedy, the People of this State would be under the dominion, absolute and unlimited, of whoever might exercise this right of judgment for them.
NOW THEREFORE, BE IT RESOLVED BY THE _____ OF THE _______ GENERAL ASSEMBLY OF THE STATE OF ______, WITH THE SENATE
CONCURRING, that we hereby affirm the sovereignty of the People of the State of _______ under the Tenth Amendment to the Constitution of the United States over all powers not otherwise delegated to the federal government by the Constitution of the United States; and, be it further
RESOLVED, that this Resolution shall serve as a Notice and Demand to the federal government to cease and desist any and all activities outside the scope of their constitutionally-delegated powers; and, it be further
RESOLVED, that a committee of conference be appointed by this legislature, which shall have as its charge to recommend and propose legislation which would have the effect of nullifying specific federal laws and regulations which are outside the scope of the powers delegated by the People to the federal government in the Constitution; and, be it further
RESOLVED, that a committee of correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship as currently exists; that it considers union, for specified national purposes, and particularly those enumerated in the Constitution of the United States, to be friendly to the peace, happiness and prosperity of all the States; and, be it further
RESOLVED, that a certified copy of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of this State’s Congressional delegation with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.
Uniform Enumerated Powers
SECTION 1. LEGISLATIVE FINDINGS
The legislature of the State of [STATE] finds that,
1. The People of the Several States by virtue of their mutual compact created the federal government, as documented in the United States Constitution;
2. The People of the Several States set forth in the Constitution those powers which the several States delegated to the federal government;
3. The legislative powers which the the People of the Several States delegated to the federal government are set forth in the Constitution of the United States;
4. By virtue of the Tenth Amendment to the Constitution set forth in the Bill of Rights, the People of the Several States reserved to themselves, and to the People, all powers which were neither specifically delegated to the federal government in the Constitution nor expressly prohibited to the States therein;
5. Article V of the Constitution sets forth an express mechanism for proposing and approving amendments to the Constitution should powers not originally delegated by the People of the Several States to the federal government in the Constitution be deemed needful;
6. Under VI of the Constitution, the Constitution itself, and only those laws enacted by the federal government in pursuance of the Constitution under the powers actually delegated to it by the People of the Several States under the Constitution, are the supreme law of the land;
7. The federal government has assumed various powers not delegated to it by the People of the Several States according to the plain meaning of the language in the Constitution which delegates such powers;
8. The federal government, in reliance on the so-called commerce clause, general welfare clause and/or necessary and proper clause of the Constitution, exercises virtually unlimited power over all aspects of the lives of the People of the Several States, rendering meaningless the enumeration of limited powers which the People of the Several States delegated to the federal government;
9. The Tenth Amendment to the Constitution expressly provides:
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.
SECTION 2. NEW LAW, SHORT TITLE.
This Act may be cited as the ‘Uniform Enumerated Powers Act’.
Sec. 102a. Constitutional authority clause
Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. If Congress shall fail or refuse to comply with this section, such Act, or any portion of such Act, shall be unauthoritative, void, and of no effect in the State of [STATE].
Sec. 102b. Concise and definite statement
The concise and definite statement of constitutional authority shall contain, at a minimum, the Article, Section and subsection or clause of the Constitution relied upon for the enactment of each portion of a federal Act.
When relying upon any interpretation of a delegated power that is not within the plain meaning and original intent of the words setting forth the delegated power, Congress shall provide a concise statement of the interpretation of such power from the minutes and records of the Constitutional Convention and/or the various ratifying conventions of the several states.
For purposes of this Act, any reliance upon the authority of the so-called “Commerce Clauseâ€, “Necessary and Proper Clause†or “General Welfare Clause†shall be deemed not within the plain meaning of the words setting forth the delegated power.
SECTION 3.
This act takes effect upon approval by the
Interstate Commerce Clause
SUMMARY
Provides that all goods grown, manufactured or made in (STATE) and
all services performed in (STATE), when such goods or services are sold,
maintained, or retained in (STATE), shall not be subject to the
authority of the Congress of the United States under its constitutional
power to regulate commerce.Be it enacted by the General Assembly of (STATE):
SECTION 1.
This Act shall be known and may be cited as the “Intrastate Commerce Act.”
SECTION 2.
(TITLE) of the Official Code of (STATE), relating to commerce and trade, is amended by adding a new chapter to read as follows:
(CHAPTER)
The General Assembly declares:
(A) The Tenth Amendment to the Constitution of the United States codifies in law that the only powers which the Federal Government may exercise are those that have been delegated to it in the Constitution of the United States;
(B) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of (STATE) those rights;
(C) Under Article I, Section 8, Clause 3 of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states;
(D) The power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments to the Constitution of the United States;
(E) During the Constitutional Convention, the Founders considered a plan which would have authorized the federal government to not only regulate commerce among the several states, but also any activity having spillover effects across state lines. They rejected it;
(F) All goods grown, manufactured or made in (STATE) and all services, performed in (STATE), when such goods or services are sold, maintained, or retained in (STATE), shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce among the several states;
(G) The provisions of this chapter shall apply to goods and services that are produced and retained in (STATE) after (DATE);
(H) Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding two thousand dollars ($2,000.00), or a term of imprisonment not exceeding two (2) years, or both;
(I) Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment;
SECTION 3.
This act takes effect upon approval by the
This last one is from Checks and Balances AZ
OFFICIAL TITLE
AN INITIATIVE CONSTITUTIONAL AMENDMENT
Checks & Balances In Government Act
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY AMENDING SECTION 3; THE CONSTITUTION OF THE UNITED STATES IS THE SUPREME LAW OF THE LAND AND MAY NOT BE VIOLATED BY THE FEDERAL, STATE, OR ANY LOCAL GOVERNMENT. TO PROTECT THEIR FREEDOMS AND PRESERVE THE CHECKS AND BALANCES OF THE UNITED STATES CONSTITUTION, THE PEOPLE OF ARIZONA SHALL BE EMPOWERED TO REJECT ANY FEDERAL ACTION THAT THEY DETERMINE VIOLATES THE UNITED STATES CONSTITUTION. IN ADDITION TO ALL OTHER AVAILABLE LEGAL REMEDIES, THEY MAY DO SO BY 1) MAJORITY VOTE IN AN INITIATIVE OR REFERENDUM, OR 2) MAJORITY VOTE OF THEIR REPRESENTATIVES IN BOTH HOUSES OF THE LEGISLATURE WITH THE SIGNATURE OF THE GOVERNOR.
TEXT OF PROPOSED AMENDMENT
Be it enacted by the People of the State of Arizona:
The Constitution of Arizona is proposed to be amended as follows if approved by a majority of the votes cast thereon and on proclamation of the Governor.
Section 1. Article II, Constitution of Arizona, is amended in Section 3 as follows:
Section 3. Supreme law of the land
The Constitution of the United States is the supreme law of the land AND MAY NOT BE VIOLATED BY THE FEDERAL, STATE, OR ANY LOCAL GOVERNMENT. TO PROTECT THEIR FREEDOMS AND PRESERVE THE CHECKS AND BALANCES OF THE UNITED STATES CONSTITUTION, THE PEOPLE OF ARIZONA ARE EMPOWERED TO REJECT ANY FEDERAL ACTION THAT THEY DETERMINE VIOLATES THE UNITED STATES CONSTITUTION. IN ADDITION TO ALL OTHER AVAILABLE LEGAL REMEDIES, THEY MAY DO SO BY 1) A MAJORITY OF VOTES CAST IN AN INITIATIVE OR REFERENDUM, OR 2) A MAJORITY VOTE OF THEIR REPRESENTATIVES IN BOTH HOUSES OF THE LEGISLATURE WITH THE SIGNATURE OF THE GOVERNOR.
Sheriff's First
This law is about having sovereignty over the federal government by ensuring our Sheriff is the most powerful public authority of force in our state. Federal Agents would not have jurisdiction above the Sheriffs duties to protect the state under this law. We the people can put this on the ballot in our states! Join Activism Truth to be part of this ballot proposal solution. This bill is from Sherrifs First, an apparent organization that was listed on the link from the
Tenth Amendment Center. The Sherrifs First site has a great FAQ section about accusations and answers.
From http://www.SherrifsFirst.com
"This "Sheriffs First" bill would make it a state crime for a federal officer to arrest, search, or seize in the state (Montana in this example) without first getting the advanced, written permission of the elected county sheriff of the county in which the event is to take place. Locally-elected sheriffs are accountable to the people and are supposed to the the chief law enforcement officer of the county, bar none. This bill puts teeth into the expectation that federal agents must operate with the approval of the sheriff, or not at all. It also gives the local sheriff tools necessary to protect the people of his county, and their constitutional rights. There are exceptions in the legislation for "hot pursuit", U.S. customs and border patrol, corrupt sheriffs, and more."
A BILL FOR AN ACT ENTITLED: “AN ACT REGULATING ARRESTS, SEARCHES, AND SEIZURES BY FEDERAL EMPLOYEES; PROVIDING THAT FEDERAL EMPLOYEES SHALL OBTAIN THE COUNTY SHERIFF’S PERMISSION TO ARREST, SEARCH, AND SEIZE; PROVIDING FOR PROSECUTION OF FEDERAL EMPLOYEES VIOLATING THIS ACT; REJECTING FEDERAL LAWS PURPORTING TO GIVE FEDERAL EMPLOYEES THE AUTHORITY OF A COUNTY SHERIFF IN THIS STATE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF _______:
1. Purpose. It is the intent of the legislature to ensure maximum cooperation between federal employees and local law enforcement authorities; to ensure that federal employees who carry out arrests, searches, and seizures in this state receive the best local knowledge and expertise available; and to prevent misadventure affecting (STATE) citizens and their rights that results from lack of cooperation or communication between federal employees operating in (STATE) and properly constituted local law enforcement authorities.
2. Declaration. The elected sheriff of each county is the senior law enforcement officer of that county and is the most authoritative law enforcement official in the county. The primary duties of the sheriff are to keep the peace in the county and to secure and protect the liberties and security of the residents of the county.
3. County sheriff’s permission for federal arrests, searches, and seizures — exceptions. (1) A federal employee who is not designated by (STATE) law as a (STATE) peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur unless:
(a) the arrest, search, or seizure will take place on a federal enclave for which jurisdiction has been actively ceded to the United States of America by a (STATE) statute;
(b) the federal employee witnesses the commission of a crime the nature of which requires an immediate arrest;
(c) the arrest, search, or seizure is under the provisions of (*46-6-411) (close pursuit) or (*46-6-412) (customs and immigration);
(d) the intended subject of the arrest, search, or seizure is an employee of the sheriff’s office or is an elected county or state officer; or
(e) the federal employee has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure.
(2) The county sheriff or designee of the sheriff may refuse permission for any reason that the sheriff or designee considers sufficient.
(3) A federal employee who desires to exercise a subsection (1)(d) exception shall obtain the written permission of the (STATE) attorney general for the arrest, search, or seizure unless the resulting delay in obtaining the permission would probably cause serious harm to one or more individuals or to a community or would probably cause flight of the subject of the arrest, search, or seizure in order to avoid prosecution. The attorney general may refuse the permission for any reason that the attorney general considers sufficient.
(4) A federal employee who desires to exercise a subsection (1)(e) exception shall obtain the written permission of the (STATE) attorney general. The request for permission must include a written statement, under oath, describing the federal employee’s probable cause. The attorney general may refuse the request for any reason that the attorney general considers sufficient.
(5) (a) A permission request to the county sheriff or (STATE) attorney general must contain:
(i) the name of the subject of the arrest, search, or seizure;
(ii) a clear statement of probable cause for the arrest, search, or seizure or a federal arrest, search, or seizure warrant that contains a clear statement of probable cause;
(iii) a description of specific assets, if any, to be searched for or seized;
(iv) a statement of the date and time that the arrest, search, or seizure is to occur; and
(v) the address or location where the intended arrest, search, or seizure will be attempted.
(b) The request may be in letter form, either typed or handwritten, but must be countersigned with the original signature of the county sheriff or designee of the sheriff or by the (STATE) attorney general, to constitute valid permission. The permission is valid for 48 hours after it is signed. The sheriff or attorney general shall keep a copy of the permission request on file.
4. Remedies. (1) An arrest, search, or seizure or attempted arrest, search, or seizure in violation of [section 2] is unlawful, and individuals involved must be prosecuted by the county attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The individuals involved must also be charged with any other applicable criminal offenses in (*Title 45).
(2) To the extent possible, the victims’ rights provisions of (*Title 46) must be extended to the victim or victims by the justice system persons and entities involved in the prosecution.
(3) The county attorney has no discretion not to prosecute once a claim of violation of [section 2] has been made by the county sheriff or designee of the sheriff, and failure to abide by this mandate subjects the county attorney to recall by the voters and to prosecution by the attorney general for official misconduct.
5. Invalid federal laws. Pursuant to the Tenth amendment to the United States constitution and this state’s compact with the other states, the legislature declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by this state, is specifically rejected by this state and is declared to be null and void, and of no effect in this state.
6. Effective date. [This act] is effective on passage and approval.
7. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications
Tenth Amendment Center. The Sherrifs First site has a great FAQ section about accusations and answers.
From http://www.SherrifsFirst.com
Sheriffs First" model legislation
"This "Sheriffs First" bill would make it a state crime for a federal officer to arrest, search, or seize in the state (Montana in this example) without first getting the advanced, written permission of the elected county sheriff of the county in which the event is to take place. Locally-elected sheriffs are accountable to the people and are supposed to the the chief law enforcement officer of the county, bar none. This bill puts teeth into the expectation that federal agents must operate with the approval of the sheriff, or not at all. It also gives the local sheriff tools necessary to protect the people of his county, and their constitutional rights. There are exceptions in the legislation for "hot pursuit", U.S. customs and border patrol, corrupt sheriffs, and more."
A BILL FOR AN ACT ENTITLED: “AN ACT REGULATING ARRESTS, SEARCHES, AND SEIZURES BY FEDERAL EMPLOYEES; PROVIDING THAT FEDERAL EMPLOYEES SHALL OBTAIN THE COUNTY SHERIFF’S PERMISSION TO ARREST, SEARCH, AND SEIZE; PROVIDING FOR PROSECUTION OF FEDERAL EMPLOYEES VIOLATING THIS ACT; REJECTING FEDERAL LAWS PURPORTING TO GIVE FEDERAL EMPLOYEES THE AUTHORITY OF A COUNTY SHERIFF IN THIS STATE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF _______:
1. Purpose. It is the intent of the legislature to ensure maximum cooperation between federal employees and local law enforcement authorities; to ensure that federal employees who carry out arrests, searches, and seizures in this state receive the best local knowledge and expertise available; and to prevent misadventure affecting (STATE) citizens and their rights that results from lack of cooperation or communication between federal employees operating in (STATE) and properly constituted local law enforcement authorities.
2. Declaration. The elected sheriff of each county is the senior law enforcement officer of that county and is the most authoritative law enforcement official in the county. The primary duties of the sheriff are to keep the peace in the county and to secure and protect the liberties and security of the residents of the county.
3. County sheriff’s permission for federal arrests, searches, and seizures — exceptions. (1) A federal employee who is not designated by (STATE) law as a (STATE) peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur unless:
(a) the arrest, search, or seizure will take place on a federal enclave for which jurisdiction has been actively ceded to the United States of America by a (STATE) statute;
(b) the federal employee witnesses the commission of a crime the nature of which requires an immediate arrest;
(c) the arrest, search, or seizure is under the provisions of (*46-6-411) (close pursuit) or (*46-6-412) (customs and immigration);
(d) the intended subject of the arrest, search, or seizure is an employee of the sheriff’s office or is an elected county or state officer; or
(e) the federal employee has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure.
(2) The county sheriff or designee of the sheriff may refuse permission for any reason that the sheriff or designee considers sufficient.
(3) A federal employee who desires to exercise a subsection (1)(d) exception shall obtain the written permission of the (STATE) attorney general for the arrest, search, or seizure unless the resulting delay in obtaining the permission would probably cause serious harm to one or more individuals or to a community or would probably cause flight of the subject of the arrest, search, or seizure in order to avoid prosecution. The attorney general may refuse the permission for any reason that the attorney general considers sufficient.
(4) A federal employee who desires to exercise a subsection (1)(e) exception shall obtain the written permission of the (STATE) attorney general. The request for permission must include a written statement, under oath, describing the federal employee’s probable cause. The attorney general may refuse the request for any reason that the attorney general considers sufficient.
(5) (a) A permission request to the county sheriff or (STATE) attorney general must contain:
(i) the name of the subject of the arrest, search, or seizure;
(ii) a clear statement of probable cause for the arrest, search, or seizure or a federal arrest, search, or seizure warrant that contains a clear statement of probable cause;
(iii) a description of specific assets, if any, to be searched for or seized;
(iv) a statement of the date and time that the arrest, search, or seizure is to occur; and
(v) the address or location where the intended arrest, search, or seizure will be attempted.
(b) The request may be in letter form, either typed or handwritten, but must be countersigned with the original signature of the county sheriff or designee of the sheriff or by the (STATE) attorney general, to constitute valid permission. The permission is valid for 48 hours after it is signed. The sheriff or attorney general shall keep a copy of the permission request on file.
4. Remedies. (1) An arrest, search, or seizure or attempted arrest, search, or seizure in violation of [section 2] is unlawful, and individuals involved must be prosecuted by the county attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The individuals involved must also be charged with any other applicable criminal offenses in (*Title 45).
(2) To the extent possible, the victims’ rights provisions of (*Title 46) must be extended to the victim or victims by the justice system persons and entities involved in the prosecution.
(3) The county attorney has no discretion not to prosecute once a claim of violation of [section 2] has been made by the county sheriff or designee of the sheriff, and failure to abide by this mandate subjects the county attorney to recall by the voters and to prosecution by the attorney general for official misconduct.
5. Invalid federal laws. Pursuant to the Tenth amendment to the United States constitution and this state’s compact with the other states, the legislature declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by this state, is specifically rejected by this state and is declared to be null and void, and of no effect in this state.
6. Effective date. [This act] is effective on passage and approval.
7. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications
Defend the Guard
This is the Tenth Amendment Centers work at it's finest. Activism Truth educates the public that we should find all available legislation that is ideal for grassroots efforts to protect our freedom like this bill, and help bring the citizenry together to put our important petitions on the ballot, using the ballot initiative process. This bill is important because it declares sovereignty over our state run defense department. Rather than the feds controlling our military, it should be under local jurisdiction to ensure accountability and representation of it's powers in the people will.
Join us and be part of the solution.
Activism truth
AN ACT concerning Public Safety – National Guard Deployment – Governor’s Powers
WHEREAS, Article I, Section 8, Clause 15 of the Constitution of the United States delegates to the Congress the power to provide for “calling forth the militia” in three situations only: 1) to execute the laws of the union, 2) to suppress insurrections, and 3) to repel invasions; and
WHEREAS, James Monroe, member of the Virginia Ratifying Convention, 7th U.S. Secretary of State, and 5th President of the United States, wrote in 1815, “Congress shall have power to provide for calling forth the militia to execute the laws of the Union; what laws? All laws which may be constitutionally made”; and
WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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”; and
WHEREAS, the Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government in the Constitution of the United States; and
WHEREAS, Daniel Webster, in his 1814 speech on the floor of Congress, said, “The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”; now, therefore,
SECTION 1. BE IT ENACTED BY THE (GENERAL ASSEMBLY/HOUSE/SENATE) OF THE STATE OF (enter state), That the Laws of (enter state) read as follows:
(enter section of state code here)
THE GOVERNOR SHALL WITHHOLD OR WITHDRAW APPROVAL OF THE TRANSFER OF THE NATIONAL GUARD TO FEDERAL CONTROL IN THE ABSENCE OF:
a) A military invasion of the United States, or
b) An insurrection, or
c) A calling forth of the Guard by the federal government in a manner provided for by Congress to execute the Laws of the Union, provided that said Laws were made in pursuance of the delegated powers in the Constitution of the United States.
SECTION 2. AND BE IT FURTHER ENACTED, That the governor shall examine every federal order, present and future, that places the national guard on federal active duty to determine whether the order is Constitutional according to Article I, Section 8, Clause 15 of the Constitution of the United States. If the governor determines that the order is not Constitutional, he or she shall take all appropriate action to prevent the National Guard from being placed or kept on federal active duty.
SECTION 3. AND BE IT FURTHER ENACTED, That the governor shall submit a report to the standing committees of the legislature with specified subject matter jurisdiction over military affairs, as provided under (ENTER SECTION FROM STATE CODE), that summarizes his or her review of every order that placed or places the national guard on federal active duty and any action he or she takes in response to that review, within 30 days after his or her review is complete.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect (enter date).
Join us and be part of the solution.
Activism truth
AN ACT concerning Public Safety – National Guard Deployment – Governor’s Powers
SUMMARY
FOR the purpose of requiring the Governor to withhold or withdraw
approval of the transfer of this State’s National Guard to federal
control in the absence of an explicit authorization adopted by the
Federal Government in pursuance of the powers delegated to the Federal
Government in Article I, Section 8, Clause 15 of the U.S. Constitution.
A BILL ENTITLED __________
WHEREAS, Under the Constitution of the United States, each State’s
National Guard is a defensive force controlled by the governor, but can
be called up for federal duty by the federal government, provided that
said duty is pursuant to the Constitution of the United States; andWHEREAS, Article I, Section 8, Clause 15 of the Constitution of the United States delegates to the Congress the power to provide for “calling forth the militia” in three situations only: 1) to execute the laws of the union, 2) to suppress insurrections, and 3) to repel invasions; and
WHEREAS, James Monroe, member of the Virginia Ratifying Convention, 7th U.S. Secretary of State, and 5th President of the United States, wrote in 1815, “Congress shall have power to provide for calling forth the militia to execute the laws of the Union; what laws? All laws which may be constitutionally made”; and
WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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”; and
WHEREAS, the Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government in the Constitution of the United States; and
WHEREAS, Daniel Webster, in his 1814 speech on the floor of Congress, said, “The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”; now, therefore,
SECTION 1. BE IT ENACTED BY THE (GENERAL ASSEMBLY/HOUSE/SENATE) OF THE STATE OF (enter state), That the Laws of (enter state) read as follows:
(enter section of state code here)
THE GOVERNOR SHALL WITHHOLD OR WITHDRAW APPROVAL OF THE TRANSFER OF THE NATIONAL GUARD TO FEDERAL CONTROL IN THE ABSENCE OF:
a) A military invasion of the United States, or
b) An insurrection, or
c) A calling forth of the Guard by the federal government in a manner provided for by Congress to execute the Laws of the Union, provided that said Laws were made in pursuance of the delegated powers in the Constitution of the United States.
SECTION 2. AND BE IT FURTHER ENACTED, That the governor shall examine every federal order, present and future, that places the national guard on federal active duty to determine whether the order is Constitutional according to Article I, Section 8, Clause 15 of the Constitution of the United States. If the governor determines that the order is not Constitutional, he or she shall take all appropriate action to prevent the National Guard from being placed or kept on federal active duty.
SECTION 3. AND BE IT FURTHER ENACTED, That the governor shall submit a report to the standing committees of the legislature with specified subject matter jurisdiction over military affairs, as provided under (ENTER SECTION FROM STATE CODE), that summarizes his or her review of every order that placed or places the national guard on federal active duty and any action he or she takes in response to that review, within 30 days after his or her review is complete.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect (enter date).
Hemp Freedom Act
This is another superb bill by the Tenth Amendment Center. Activism Truth is promoting this legislation but we are different from other groups because we seek to educate the public and organize people for direct citizen ballot initiatives. Rather than wait for politicians, or waste time lobbying, we show you how we can effortlessly put our initiatives on the ballot, if we really care too. If you care about this issue, if you want to end the dependency on fossil fuels. If you want to help legalize this perfect plant for all it's uses. Join us today and spread the word. We must legalize hemp. I would love to be able to make my own hemp milk, eat hemp protein, wear hemp cloths, and use hemp paper and hemp plastics. I would build a house out of hempcrete and fill up a bio-diesel with hemp oil. There is just too much good we can get from the hemp plant, and too much destruction of the earth from not using it. Join the solution.
AN ACT
To authorize the production of industrial hemp; to amend (SUBSECTION AND CODE) of the (STATE) Code, relating to the definition of noxious weed seeds; and to nullify certain acts of the Federal Government of the United States purporting to be laws and regulations resulting in the prohibition of industrial hemp farming in the state of (STATE).
THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:
SECTION 1. Name
This Act shall be known and may be cited as the “Hemp Freedom Act.â€
SECTION 2. Findings
A new section of law to be codified in the [STATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:
(CHAPTER)
Section (#) (A) The General Assembly finds that :
(1) The Tenth Amendment to the Constitution of the United States codifies in law that the only powers which the Federal Government may exercise are those that have been delegated to it in the Constitution of the United States;
(2) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of (STATE) those rights;
(3) The power to regulate interstate commerce was delegated to the federal government in Article I, Section 8, Clause 3 of the Constitution. As understood at the time of the founding, the regulation of commerce was meant to empower Congress to regulate the buying and selling of products made by others (and sometimes land), associated finance and financial instruments, and navigation and other carriage, across state jurisdictional lines. This interstate regulation of “commerce†did not include agriculture, manufacturing, mining, malum in se crime, or land use. Nor did it include activities that merely “substantially affected†commerce;
(4) The advocates of the Constitution, at the time of its ratification, assured the People of the Several States that the regulation of agriculture would be reserved to the States. This included Alexander Hamilton, who wrote in Federalist #17: “the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation can never be desirable cases of a general jurisdiction.†This was reinforced by many others, including Justice Sargeant of Massachusetts, who let it be known that only the states would have the power to regulate “common fields†and “fisheriesâ€;
(5) The Constitutional Convention of 1787 considered a proposal to create, in the Constitution, a Secretary of Domestic Affairs, who was to have authority to regulate agriculture. That proposal was rejected;
(6) The assumption of power that the Federal Government through its Drug Enforcement Administration has made by prohibiting industrial hemp farming exceeds its Constitutional authority and interferes with the right of the People of the State of _____________ to regulate agriculture as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated†to the Federal Government are “few and definedâ€, while those of the States are “numerous and indefinite.â€
(7) Federal agents have flouted the United States Constitution and foresworn their oath to support this Constitution by prohibiting industrial farming of hemp by the People of the State of (STATE), and these actions violate the limits of authority placed upon the federal agents by the United States Constitution and are dangerous to the liberties of the people;
SECTION 3. Authorization to Plant, Grow, Harvest, Possess, Process, Sell, and Buy
A. Industrial hemp (cannabis sativa l.), having no more than three-tenths of one percent tetrahydrocannabinol, is recognized as an oilseed. Upon meeting this requirement, any person in this state may plant, grow, harvest, possess, process, sell, and buy industrial hemp (cannabis sativa l.) having no more than three-tenths of one percent tetrahydrocannabinol.
SECTION 4. Nullification of Federal Prohibitions
A. The Legislature of the State of _______________ declares that the federal prohibitions on industrial hemp farming are not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
B. 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 federal prohibitions on industrial hemp farming within the limits of this State.
C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding two thousand dollars ($2,000.00), or a term of imprisonment not exceeding two (2) years, or both.
D. Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment.
SECTION 5.
This act takes effect upon approval by theGovernor People.
AN ACT
To authorize the production of industrial hemp; to amend (SUBSECTION AND CODE) of the (STATE) Code, relating to the definition of noxious weed seeds; and to nullify certain acts of the Federal Government of the United States purporting to be laws and regulations resulting in the prohibition of industrial hemp farming in the state of (STATE).
THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:
SECTION 1. Name
This Act shall be known and may be cited as the “Hemp Freedom Act.â€
SECTION 2. Findings
A new section of law to be codified in the [STATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:
(CHAPTER)
Section (#) (A) The General Assembly finds that :
(1) The Tenth Amendment to the Constitution of the United States codifies in law that the only powers which the Federal Government may exercise are those that have been delegated to it in the Constitution of the United States;
(2) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of (STATE) those rights;
(3) The power to regulate interstate commerce was delegated to the federal government in Article I, Section 8, Clause 3 of the Constitution. As understood at the time of the founding, the regulation of commerce was meant to empower Congress to regulate the buying and selling of products made by others (and sometimes land), associated finance and financial instruments, and navigation and other carriage, across state jurisdictional lines. This interstate regulation of “commerce†did not include agriculture, manufacturing, mining, malum in se crime, or land use. Nor did it include activities that merely “substantially affected†commerce;
(4) The advocates of the Constitution, at the time of its ratification, assured the People of the Several States that the regulation of agriculture would be reserved to the States. This included Alexander Hamilton, who wrote in Federalist #17: “the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation can never be desirable cases of a general jurisdiction.†This was reinforced by many others, including Justice Sargeant of Massachusetts, who let it be known that only the states would have the power to regulate “common fields†and “fisheriesâ€;
(5) The Constitutional Convention of 1787 considered a proposal to create, in the Constitution, a Secretary of Domestic Affairs, who was to have authority to regulate agriculture. That proposal was rejected;
(6) The assumption of power that the Federal Government through its Drug Enforcement Administration has made by prohibiting industrial hemp farming exceeds its Constitutional authority and interferes with the right of the People of the State of _____________ to regulate agriculture as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated†to the Federal Government are “few and definedâ€, while those of the States are “numerous and indefinite.â€
(7) Federal agents have flouted the United States Constitution and foresworn their oath to support this Constitution by prohibiting industrial farming of hemp by the People of the State of (STATE), and these actions violate the limits of authority placed upon the federal agents by the United States Constitution and are dangerous to the liberties of the people;
SECTION 3. Authorization to Plant, Grow, Harvest, Possess, Process, Sell, and Buy
A. Industrial hemp (cannabis sativa l.), having no more than three-tenths of one percent tetrahydrocannabinol, is recognized as an oilseed. Upon meeting this requirement, any person in this state may plant, grow, harvest, possess, process, sell, and buy industrial hemp (cannabis sativa l.) having no more than three-tenths of one percent tetrahydrocannabinol.
SECTION 4. Nullification of Federal Prohibitions
A. The Legislature of the State of _______________ declares that the federal prohibitions on industrial hemp farming are not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
B. 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 federal prohibitions on industrial hemp farming within the limits of this State.
C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding two thousand dollars ($2,000.00), or a term of imprisonment not exceeding two (2) years, or both.
D. Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment.
SECTION 5.
This act takes effect upon approval by the
End Drone Surveilance
These pieces of legislation were drafted by the Tenth Amendment Center. The tenth amendment center is awesome and I am certainly promoting them but even greater still is the awesome power of the people to use the ballot initiative process to put our own legislation on the ballot. Join Activism Truth to be part of the combined dynamic project to put initiatives on the ballot in your state, cooperatively with other groups you support as well.
The first requires that a warrant be issued before any law enforcement agency uses a drone within the state. The legislation is restrictive enough that drone use would be severely curtailed.
The second is a full ban on the use of drones by law enforcement, criminalizing their use.
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PRIVACY PROTECTION ACT V1: WARRANT REQUIREMENT FOR BOTH STATE AND FEDERAL LAW ENFORCEMENT AGENCIES PRIOR TO THE USE OF DRONES
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**Legislation drafted by Blake Filippi
Blake Filippi [send him email] is a Legal Analyst for the Tenth Amendment Center. He is also the director of the Rhode Island Liberty Coalition, a constitutional attorney and the initial author of resolutions opposing NDAA detention provisions being introduced around the country. Visit RI Liberty online at www.riliberty.com.
The first requires that a warrant be issued before any law enforcement agency uses a drone within the state. The legislation is restrictive enough that drone use would be severely curtailed.
The second is a full ban on the use of drones by law enforcement, criminalizing their use.
*******
PRIVACY PROTECTION ACT V1: WARRANT REQUIREMENT FOR BOTH STATE AND FEDERAL LAW ENFORCEMENT AGENCIES PRIOR TO THE USE OF DRONES
SECTION 1. [STATE] General Laws, Chapter ____ of Title _____ is hereby amended by adding thereto this section:
– Warrant Required for the Use of Unmanned Aerial Vehicles (UAVs) by Law Enforcement–
(a) The general assembly finds and declares the following:
(1) The right to privacy is fundamental in a free and civilized society;
(2) Persons within the State of [STATE] have a reasonable
and justifiable expectation of privacy that they will not be monitored
with UAVs by law enforcement agents of the United States or law
enforcement agents of the State of [STATE] without a warrant based on
probable cause first issuing;
(3) The potential benefit to law enforcement and criminal
justice from the use of UAVs without a warrant first issuing is far
outweighed by the degradation to the fundamental right to privacy
secured by the Constitution of the United States and the Constitution of
the State of [STATE] that will result from law enforcement use of UAVs
without first obtaining a warrant;
(4) The use of UAVs by law enforcement without first obtaining a warrant is repugnant to a free society.
(b) Any law enforcement agent of the United States that
shall utilize a UAV for any purpose whatsoever within the airspace of
the State of [STATE] without first obtaining a warrant shall be guilty
of a Class A Misdemeanor.
(c) Any law enforcement agent of the State of [STATE] that
shall utilize a UAV for any purpose whatsoever within the airspace of
the State of [STATE] without first obtaining a warrant shall be guilty
of a Class A Misdemeanor.
(d) Any person that shall knowingly, or under facts where
the person should know, assist any person or entity to violate section
(b) or (c) of this chapter shall be guilty of a Class A Misdemeanor.
(e) Any information gathered by a UAV without a warrant,
and any information gathered as a result of the use of a UAV without a
warrant, is declared inadmissible in any civil or criminal court of law
in the State of [STATE].
(f) As used in this section, “Unmanned Aerial Vehicles” and “UAVs” are any aircraft without a human pilot on board.
(g) As used in this section, “law enforcement agent of the
United States” is any officer, employee or agent of the United States,
or any officer employee or agent of a branch, department or agency of
the United States, or any person or entity acting under contract with
the United States or any branch, department or agency thereof, for the
purpose of law enforcement or criminal justice.
(h) As used in this section, “law enforcement agent of the
State of [STATE]” is any officer, employee or agent of the State of
[STATE], or any officer employee or agent of a branch, department or
agency of the State of [STATE], or any person or entity acting under
contract with the State of [STATE] or any branch, department or agency
thereof, for the purpose of law enforcement or criminal justice.
(i) As used in this section, a “warrant” shall be issued by
a duly authorized State magistrate or judge, or a Federal magistrate or
judge, using the procedures established by applicable law. Any such
warrant shall be based on probable cause established by oath or
affirmation, shall be obtained prior to the use of a UAV, and shall
expire twenty-four (24) hours after issuance.
(j) This section shall be construed broadly to effect the
legislative intent of requiring a warrant prior to the use of UAVs
within the State of [STATE] by law enforcement, and requiring a warrant
in order for any information obtained by a UAV, or as a result of the
use of a UAV, to be admissible in a court of law.
(k) Severability: If any provision, portion or subdivision
of this Act is or becomes illegal, such illegality shall not affect the
remainder of this Act.
SECTION 2: This act takes effect immediately upon approval by the Governor.*******
PRIVACY PROTECTION ACT V2: BAN ON THE USE OF DRONES BY FEDERAL AND STATE AGENCIES
SECTION 1. [STATE] General Laws, Chapter ____ of Title _____ is hereby amended by adding thereto this section:
– Use of Unmanned Aerial Vehicles (UAVs) by Law Enforcement Banned –
(a) The general assembly finds and declares the following:
(1) The right to privacy is fundamental in a free and civilized society.
(2) Persons within the State of [STATE] have a reasonable
and justifiable expectation of privacy that they will not be monitored
with UAVs by law enforcement agents of the United States or law
enforcement agents of the State of [STATE].
(3) The potential benefit to law enforcement and criminal
justice from the use of UAVs is far outweighed by the degradation to the
fundamental right to privacy secured by the Constitution of the United
States and the Constitution of the State of [STATE] that will result
from law enforcement’s use of UAVs.
(4) The use of UAVs by law enforcement is repugnant to a free society.
(b) Any law enforcement agent of the Federal Government
that shall utilize a UAV for any purpose whatsoever within the airspace
of the State of shall be guilty of a Class A Misdemeanor.
(c) Any law enforcement agent of the State of [STATE] that
shall utilize a UAV for any purpose whatsoever within the airspace of
the State of [STATE] shall be guilty of a Class A Misdemeanor.
(d) Any person that shall knowingly, or under facts where
the person should know, assist any person or entity to violate section
(b) or (c) of this chapter shall be guilty of a Class A Misdemeanor.
(e) Any information gathered by a UAV, and any information
gathered as a result of the use of a UAV, whether by said law
enforcement agents, or otherwise, is declared inadmissible in any civil
or criminal court of law in the State of [STATE].
(f) As used in this section, “Unmanned Aerial Vehicles” and “UAVs” are any aircraft without a human pilot on board.
(g) As used in this section, “law enforcement agent of the
United States” is any officer, employee or agent of the United States,
or any officer employee or agent of a branch, department or agency of
the United States, or any person or entity acting under contract with
the United States or any branch, department or agency thereof, for the
purpose of law enforcement or criminal justice.
(h) As used in this section, “law enforcement agent of the
State of [STATE]” is any officer, employee or agent of the State of
[STATE], or any officer employee or agent of a branch, department or
agency of the State of [STATE], or any person or entity acting under
contract with the State of [STATE] or any branch, department or agency
thereof, for the purpose of law enforcement or criminal justice.
(i) This section shall be construed broadly to effect the
legislative intent of banning the use of UAVs by law enforcement, and
any information obtained as a result of the use of UAVs by law
enforcement, within the State of [STATE].
(j) Severability: If any provision, portion or subdivision
of this Act is or becomes illegal, such illegality shall not affect the
remainder of this Act.
SECTION 2: This act takes effect immediately upon approval by the Governor.**Legislation drafted by Blake Filippi
Blake Filippi [send him email] is a Legal Analyst for the Tenth Amendment Center. He is also the director of the Rhode Island Liberty Coalition, a constitutional attorney and the initial author of resolutions opposing NDAA detention provisions being introduced around the country. Visit RI Liberty online at www.riliberty.com.
Protect the 2nd Amendment
Scroll down to see local legislation that can be used in your county, city or town.
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AN ACT, which shall be known and may be cited as the “2nd Amendment Preservation Act.”
To prevent federal infringement on the right to keep and bear arms; nullifying all federal acts in violation of the 2nd Amendment to the Constitution of the United States.
THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:
SECTION 1 The legislature of the State of ____________ finds that:
A. The 2nd Amendment to the Constitution of the United States reads as follows, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
B. All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment
SECTION 2 PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS
A. The Legislature of the State of _______________ declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers, and are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
B. 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 any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.
SECTION 3 EFFECTIVE DATE
A. This act takes effect upon approval by the Governor.
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LOCAL 2ND AMENDMENT PRESERVATION ORDINANCE
AN Ordinance, which shall be known and may be cited as the “2nd Amendment Preservation Ordinance.” To prevent federal infringement on the right to keep and bear arms; nullifying all federal acts in violation of the 2nd Amendment to the Constitution of the United States.
THE BOARD OF COMMISSIONERS OF _______ COUNTY DO ENACT AS FOLLOWS:
SECTION 1: The _______ County Board of Commissioners finds that:
A. The 2nd Amendment to the Constitution of the United States reads as follows, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
B. All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment
SECTION 2: PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS
A. The _______ County Board of Commissioners declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this county, shall not be recognized by this county, are specifically rejected by this county, and shall be considered null and void and of no effect in this county.
B. No agent, employee, or official of the (COUNTY CITY TOWN), or any corporation providing services to the (COUNTY CITY TOWN) shall provide material support or participate in any with the implementation of federal acts, orders, rules, laws or regulations in violation of the 2nd Amendment to the United States Constitution.
SECTION 3 EFFECTIVE DATE
A. This act takes effect upon approval by the _______ County Board of Commissioners.
Four Part Travel Freedom Act
This team of expert constitutionalists has drafted some of the best legislation to protect civil liberties. Everyone should be a part of this great organization so they can continue to provide exemplary acts of good will for our fellow Americans. Each bill can be easily re-written for any state with a ballot initiative process. To find out more, to apply to be a sponsor of this bill in your state, to apply to be a chairperson of a Political Action Committee to propose this bill for the ballot box, contact Activism Truth to be a part of the national coalition for ballot access. Through this process alone, can we legally circumvent the legislature to allow the people the process of a direct vote. Join other causes and cross support citizen's initiatives with us! One of our top initiatives is to have paper ballots, recall politicians, and nominate independent statesmen and stateswomen for better election choices. Join us! Youtube, Twitter, Facebook and Thrive Forum. We need you to link up and stay connected to show support to others but also to decentralize our organization for strategic reasons. Information about these strategies will be on the main site. Here is the legislation you wanted to know about. Cheers!
“An Act relating to the offensive touching of persons seeking access to public buildings and transportation; providing penalties.”
2. Travel Freedom Act: Banning TSA Patdowns without Probable Cause
“An Act relating to the offensive touching of persons seeking access to public buildings and transportation; providing penalties.”
3. Travel Freedom Act: Banning Whole-Body Scanners
“It shall be unlawful for any person or governmental entity within the state to use a wholebody imaging device at any public facility or government building for the purpose of screening persons except in accordance with the provisions of this section.”
4. Travel Freedom Resolution
A non-binding resolution reaffirming the rights of the people and the power of the state. If your state politicians don’t feel they have strong enough support – or are waffling – for introducing the binding Act(s) above, we strongly suggest that you urge them to introduce this resolution. While non-binding, it will bring the issue more into the public sphere, and politicians can rest easy that passage of it won’t result in any federal backlash. Passage will likely build grassroots support and a stronger on-the-ground network for passage of the ACT(s) in future sessions.
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Travel Freedom Act: Noncompliance
A BILLTO BE ENTITLED AN ACT
Relating to the non-compliance of [State] public officials with oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties; relating to a person’s right to resist certain illegal searches and seizures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [State]:
SECTION 1: [Section ______, Penal Code, is amended] OR [A new Section ______is added to the Penal Code]
(a) A person who is a public servant of the State of [State] commits a class A Misdemeanor if the person:
(1) While acting under color of the
person’s office or employment without probable cause to believe the
other person committed a criminal offense:?
(A) performs a search for the purpose of granting access to a publicly accessible building or form of transportation; and
(B) Intentionally, knowingly, or recklessly:
(B) Intentionally, knowingly, or recklessly:
(i) touches the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing; or
(ii) causes physical contact with the other person when the actor knows or should reasonably believe that the other person will regard the contact as offensive or provocative; or
(ii) causes physical contact with the other person when the actor knows or should reasonably believe that the other person will regard the contact as offensive or provocative; or
(2) While acting under color of the
person’s office or employment knowingly provides material assistance to
searches described in subsection a(1) performed by any public servant of
the State of [State] or any public servant of the United States.
(b) It shall be lawful for any person to reasonably resist, or
reasonably aid in the reasonable resistance of another, or reasonably
resist on behalf of a minor, incompetent, disabled, or any other person
who cannot resist on behalf of themselves;
(1) A search described in subsection (a)(1) when performed by a public servant of the state of [State]; or
(2) A search described in subsection (a)(1) when performed by a public servant of the United States.
(c) For the purposes of this Section a “public servant of the state of [State]” includes:(2) A search described in subsection (a)(1) when performed by a public servant of the United States.
(1) An officer, employee or agent of:
(A) The State of [State] or any political subdivision thereof;
(B) A branch, department or agency of the State of [State] or any political subdivision thereof;
(C) Another person acting under contract with a branch, department or agency of the State of [State] or any political subdivision thereof for the purpose of providing security or law enforcement service; and
(D) Any other person acting under color of State law.
(d) For the purposes of this Section a “public servant of the United States” includes:(B) A branch, department or agency of the State of [State] or any political subdivision thereof;
(C) Another person acting under contract with a branch, department or agency of the State of [State] or any political subdivision thereof for the purpose of providing security or law enforcement service; and
(D) Any other person acting under color of State law.
(1) An officer, employee or agent of:
(A) The United States;
(B) A branch, department or agency of the United States;
(C) Another person acting under contract with a branch, department or agency of the United States for the purpose of providing security or law enforcement service; and
(D) Any other person acting under color of the United States.
(e) For purposes of this Section, a person who is a public servant
acts under color of the person’s office or employment if the person acts
or purports to act in an official capacity.(B) A branch, department or agency of the United States;
(C) Another person acting under contract with a branch, department or agency of the United States for the purpose of providing security or law enforcement service; and
(D) Any other person acting under color of the United States.
SECTION 2: This act shall be construed, as a matter of state law, liberally to effectuate its purpose to of inhibiting oppression through intrusive touching, searches and seizures
SECTION 3: This Act takes effect on the 91st day after the last day of the legislative session.
**Legislation drafted by Blake Filippi
Blake Filippi [send him email] is a Legal Analyst for the Tenth Amendment Center. He is also the director of the Rhode Island Liberty Coalition, a constitutional attorney and the initial author of resolutions opposing NDAA detention provisions being introduced around the country. Visit RI Liberty online at www.riliberty.com.
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Travel Freedom Act: Banning TSA Patdowns
AN ACTrelating to the offensive touching of persons seeking access to public buildings and transportation; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:
SECTION 1. Section [NUMBER], Criminal Code, is amended by adding [SUBSECTIONS] to read as follows:
(a) A person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent.
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(C) causes the sexual organ of another
person, without that person’s consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including the actor;
[or]
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; or
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; or
(3) as part of a search performed to
grant access to a publicly accessible building or form of
transportation, intentionally, knowingly, or recklessly:
(A) searches another person without probable cause to believe the person committed an offense; and
(B) touches the anus, sexual organ, or breasts of the other person, including touching through clothing, or touches the other person in a manner that would be offensive to a reasonable person.
(b) An offense under this section is a felony of the second degree(B) touches the anus, sexual organ, or breasts of the other person, including touching through clothing, or touches the other person in a manner that would be offensive to a reasonable person.
An offense under Subsection (a)(3) is a state jail felony.
(c) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under Subsection (a)(3).
SECTION 2. This Act takes effect immediately upon signature of the Governor.
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Travel Freedom Act: Whole-Body Scanners
AN ACTRELATING TO HOMELAND SECURITY; TO PROVIDE REQUIREMENTS RELATING TO WHOLEBODY IMAGING, TO PROVIDE FOR AN ALTERNATIVE TO WHOLEBODY IMAGING, TO PROVIDE RESTRICTIONS RELATING TO IMAGES, TO PROVIDE THAT THE STATE SHALL MAKE CERTAIN FINDINGS PRIOR TO USE OF ANY WHOLEBODY SCANNERS IN THE STATE, TO PROVIDE FOR REPORTING AND TO DEFINE TERMS.
Be It Enacted by the Legislature of the State of [STATE]:
SECTION 1. That Title [NUMBER], [STATE] Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter [NUMBER], Title [NUMBER], [STATE] Code, and to read as follows:
CHAPTER [NUMBER] LIMITATIONS ON THE USE OF WHOLEBODY IMAGING TECHNOLOGY FOR SCREENING PURPOSES
[NUMBER] WHOLEBODY IMAGING LIMITATIONS.
(1) It shall be unlawful for any person or governmental entity within the state of [STATE] to use a wholebody imaging device at any public facility or government building for the purpose of screening persons except in accordance with the provisions of this section.
(2) Wholebody imaging technology may not be used as the sole or primary method of screening persons, nor may it be used to screen any person unless another method of screening, such as metal detection, demonstrates cause for preventing such person from boarding an aircraft or entering a public facility or government building.
(3) A person for whom screening by wholebody imaging technology is permissible pursuant to the provisions of subsection (2) of this section, shall be provided information on the operation of such technology, on the image generated by such technology, on privacy policies relating to such technology, and on the right to request a patdown search pursuant to the provisions of subsection (4) of this section, prior to utilization of such technology with respect to such person.
(4) A person for whom screening by wholebody imaging technology is permissible pursuant to the provisions of subsection (2) of this section shall be offered a patdown search in lieu of such screening.
(5) An image of a person generated by wholebody imaging technology may not be stored, transferred, shared or copied in any form after the determination has been made to allow or disallow the person whose body was scanned to proceed to board an aircraft or enter a public facility or government building.
(6) Prior to the use of any wholebody scanner in the state of [STATE], the chief of the bureau of homeland security for the state of [STATE] shall make a finding that repeated exposure to a wholebody scanner by persons who frequently fly, or who frequently visit a public facility or government building where a wholebody scanner is in use, will not be harmed or in any way have their physical wellbeing affected by repeated exposure to the wholebody scanner. Such findings shall also address persons who operate or work in close proximity to a wholebody scanner.
(7) No later than one (1) year after the date of enactment of this section, and annually thereafter, the [DEPARTMENT] of the state of [STATE] shall submit to the legislature a report containing information on the implementation of the provisions of this section which shall include the number of persons for whom screening by wholebody imaging technology was permissible under the provisions of subsection (2) of this section as a percentage of all screened, the number of persons who chose a patdown search when presented the offer pursuant to the provisions of subsection (4) of this section as a percentage of all persons presented such offer, on privacy protection measures taken with respect to wholebody imaging technology, on privacy violations that occurred with respect to such technology and on the effectiveness of such technology. The report shall also include any new findings related to the health effects of exposure to the radiation from a wholebody scanner to the operator and to persons who are frequently xrayed by such wholebody scanners.
(8) As used in this section, the following terms mean:
(a) “Patdown search” means a physical search of a person where the outer clothing of the person is patted by the palm or the back of the hand when there is reasonable suspicion the person may possess a prohibited weapon, destructive device or other prohibited material;
(b)”Wholebody imaging technology” means a device, including a device using backscatter xrays or millimeter waves, used to detect objects carried on individuals and that creates a visual image of the individual€™s full body, showing the surface of the skin and revealing objects that are on the body.
SECTION 2. This Act takes effect immediately upon signature of the Governor.
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Travel Freedom Resolution
Whereas, The Fourth Amendment of the United States Constitution provides the following guarantee:The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Transportation Security Administration (TSA) procedures such as full body scans and personal, invasive pat-downs are in direct violation of the Fourth Amendment and are thus unconstitutional; and
Whereas, The concept of the presumption of innocence is one of the most basic in our system of justice, even though it is not explicitly enumerated in the text of the U.S. Constitution. This basic right comes to us, like many things, from English jurisprudence and has been a part of that system for so long that it is considered common law. Furthermore, this concept is embodied in several provisions of the U.S. Constitution, such as the right to remain silent and the right to a jury. The practices of full body scans and enhanced physical pat-down checks assume guilt before innocence and are therefore in direct violation of common law and concepts embodied in the U.S. Constitution; and
Whereas, While the U.S. Constitution does not specifically mention a right to privacy, many Supreme Court decisions over the years have established that the right to privacy is a basic human right, and as such is protected by virtue of the Ninth Amendment. In addition, right to privacy is inherent in many of the amendments in the Bill of Rights, such as the Fourth Amendment’s search and seizure limits, and the Fifth Amendment’s self-incrimination limit. Full body scanning and enhanced physical pat-down checks violate American citizens’ right to privacy and are an assault on our human dignity, as well as our physical, emotional, and mental well-being; and
Whereas, While the U.S. Constitution does not specifically mention “travel” or an explicit right to travel, this right is firmly established in U.S. law and precedent. In United States v Guest, 383 U.S. 745 (1966), the Supreme Court noted, “It is a right that has been firmly established and repeatedly recognized.” In Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in his concurring opinion that…it is a right broadly assertable against private interference as well as government action. Like the right of association, . . . it is a virtually unconditional personal right, guaranteed by the Constitution to us all.
Furthermore, although the Articles of Confederation had an explicit right to travel, it is thought that the right is so fundamental that the framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights. Thus, being denied access to any mode of travel due to an individual’s refusal to submit to full body scanning or enhanced physical pat-down checks is a violation of American citizens’ right to travel; and
Whereas, Full body scanning and enhanced pat-down procedures have not been proven to be effective in preventing terrorist attacks on airlines. In fact, they may have little impact on security and merely give travelers a false sense of security, as opposed to adopting real security measures to ensure that travelers are actually safe.
Whereas, The use of full body scanning and enhanced pat-down procedures actually embolden our enemies and further their goals by eroding the very freedoms Americans hold dear and which Al Qaeda and other Islamic radicals want to destroy; now, therefore, be it
Resolved by the [CHAMBER], That we hereby memorialize the Congress of the United States and the Department of Homeland Security to remember that this is, in fact, the United States of America and to ban the invasive, demoralizing, illegal and unconstitutional practices of full body scanning and enhanced physical pat downs; and be it further
Resolved that should the Congress of the United States not ban these unconstitutional practices in a reasonable time, the state of [STATE] will be required to take such actions as are necessary to protect the liberty of the citizens of this state; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the [STATE] congressional delegation, and the Administrator of the TSA.
Saturday, May 25, 2013
Initiative Text to Ban Fracking in your State.
An initiative is scheduled to Ban Fracking in Michigan this year. If only they can get enough support! Do you know anyone in Michigan you can tell to sign up and sign the petition? Their website is http://www.LetsBanFracking.org.
This is crucial for you to get behind right now in YOUR state! I live in Arizona, we will be affected most by this where water is already scarce. According to this breaking article at http://www.EcoWatch.org we could be severely attacked by the green washed "clean" natural gas industry. We NEED to preempt their ability to preempt us! We need to make our OWN laws to prevent them from making bad ones, and kick them out of office at the same time. That's why you must be a member of our critical mass. Go to our website http://www.ActivismTruth.com to be part of the solution that is the ballot initiative process combined with online "meta-democracy," where we investigate issues and vote on policy among one another. The masses are behind these movements, we just need to unite them. Banning Fracking is the least we can do with this process. We can create a constitution to protect our environment and drinking water legally, as a popular vote! To anyone that says the 10th amendment is null and void, they're wrong about that. Also, we have lot's of options but we need critical masses. Join us. Pass this blog on to those who are interested, and we can unite for this national and international critical mass action.
This bill can be drafted for any state, just some supporters, a constitutional lawyer or two, some election lawyers, and we got ourselves a campaign. It's time to fund raise and collect some signatures.
INITIATION OF LEGISLATION
FULL TEXT OF THE LEGISLATIVE PROPOSAL (Language added to the statute is shown in capital letters and deleted language is struck out with a line):
An initiation of Legislation to prohibit the use of horizontal hydraulic fracturing and production, storage, disposal, and processing of horizontal hydraulic fracturing wastes in Michigan; to eliminate the state’s policy favoring ultimate recovery of maximum production of oil and gas; and to protect public health, land, water, and air by amending Public Act 451 of 1994 entitled "Natural Resources and Environmental Protection Act," by amending sections 61502 and 61504 and by adding section 61528 to read as follows:The People of the State of Michigan enact:
MCL 324.61502 Construction of part
It has long been the declared policy of this state to foster conservation of natural resources so that our citizens may continue to enjoy the fruits and profits of those resources. Failure to adopt such a policy in the pioneer days of the state permitted the unwarranted slaughter and removal of magnificent timber abounding in the state, which resulted in an immeasurable loss and waste. In an effort to replace some of this loss, millions of dollars have been spent in reforestation, which could have been saved had the original timber been removed under proper conditions.MCL 324.61504 Waste prohibited
A person shall not commit waste in the exploration for or in the development, DRILLING, COMPLETION, production, handling, or use of oil or gas, or in the handling of any product of oil or gas.MCL 324.61528 HORIZONTAL HYDRAULIC FRACTURING PROHIBITED
(1) TO ENSURE THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE AND TO PROTECT PLANTS, ANIMALS, AIR, LAND, AND WATER, NO PERSON, CORPORATION OR OTHER ENTITY SHALL USE, NOR SHALL THE DEPARTMENT PERMIT THE USE OF, HORIZONTAL HYDRAULIC FRACTURING IN THE STATE, NOR SHALL A PERSON, CORPORATION, OR OTHER ENTITY STORE, DISPOSE, OR PROCESS IN THE STATE, WASTES USED OR PRODUCED IN HORIZONTAL HYDRAULIC FRACTURING.(2) “HORIZONTAL HYDRAULIC FRACTURING” AS USED IN THIS PART MEANS THE TECHNIQUE OF EXPANDING OR CREATING ROCK FRACTURES LEADING FROM SUBSTANTIALLY HORIZONTAL WELLBORES, BY INJECTING SUBSTANCES INCLUDING BUT NOT LIMITED TO WATER, FLUIDS, CHEMICALS, AND PROPPANTS, UNDER PRESSURE, INTO OR UNDER ROCK FORMATIONS, FOR PURPOSES OF EXPLORATION, DRILLING, COMPLETION, OR PRODUCTION OF OIL OR NATURAL GAS.
(3) “HORIZONTAL HYDRAULIC FRACTURING WASTE” AS USED IN THIS PART MEANS ANY OF THE FOLLOWING IN REGARD TO HORIZONTAL HYDRAULIC FRACTURING:
(a) INJECTION OF FRACTURING FLUIDS CONSISTING OF, BUT NOT LIMITED TO, WATER, CHEMICALS, PROPPANTS, AND ADDITIVES USED FOR HORIZONTAL HYDRAULIC FRACTURING.
(b) PRODUCTION OF BRINES, FLOWBACK, PRODUCED WATER, RESIDUAL FLUIDS, OR DRILL CUTTINGS THAT RETURN TO THE SURFACE IN THE HORIZONTAL DRILLING AND HYDRAULIC FRACTURING PROCESS.
Wednesday, May 22, 2013
End Corporate Personhood Amendment
Here is a bill by the MTA coalition. They are attempting to get it passed by the legislature, yes, the same legislature that supports corporate bailouts and who take corporate bribes. Although I don't agree with their strategy to implement this bill, I do feel it's a good measure. I promote the ballot proposition process, where citizens can sign petitions to put their initiative on the ballot for the voters, bypassing the politicians. Find out more and contact me to participate in growing this program at http://www.ActivismTruth.com.
Here is the bill.
House Joint Resolution 29 introduced February 14, 2013
Section 1. [Artificial Entities Such as Corporations Do Not Have Constitutional Rights]The rights protected by the Constitution of the United States are the rights of natural persons only.
Artificial entities established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law.
The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable.
Section 2. [Money is Not Free Speech]
Federal, State, and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate's own contributions and expenditures, to ensure that all citizens, regardless of their economic status, have access to the political process, and that no person gains, as a result of their money, substantially more access or ability to influence in any way the election of any candidate for public office or any ballot measure.
Federal, State, and local government shall require that any permissible contributions and expenditures be publicly disclosed.
The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment.
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