Legislators tell Feds to "Back Off"

New speech, press, gun or ammunition limits 'altogether void'


Posted: February 05, 2009
12:00 am Eastern

By Bob Unruh
© 2009 WorldNetDaily

Lawmakers in New Hampshire are telling the federal government to back off because plans for a federal handgun license, "hate crimes" laws to regulate Christians' speech about their own religious beliefs on homosexuality, President Obama's youth corps for mandatory public service and the so-called "Fairness Doctrine" to "balance" talk radio are none of them constitutional.

Such plans by the bureaucrats and administrators in Washington, D.C., are "altogether void" and if mandated, "shall constitute a nullification of the Constitution for the United States," the lawmakers are warning.

The terse alarm is contained in House Concurrent Resolution 6, which has been introduced for debate. It affirms states' rights "based on Jeffersonian principles."

It's not the first such move in the United States. WND reported last year when state representatives in Oklahoma, steamed over a perceived increase in federal usurping of states' rights, approved Joint House Resolution 1089 on a 92-3 vote to reassert the state's sovereignty under the 10th Amendment and serve "notice to the federal government to cease and desist certain mandates."

According to DailyPaul.com, a website assembled in support of U.S. Rep. Ron Paul, Missouri, Washington and Arizona also have moved in the direction of reasserting states' rights.

The Tenth Amendment states, "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 also is being cited in the New Hampshire plan.

It states that New Hampshire people "have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America…"

That means, the resolution states, any "Act by the Congress of the United States, Executive Order of the President of the United States of American or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government … and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America."

It lists as actions that the federal government would be prohibited from doing:

Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.

Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.

Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.

Surrendering any power delegated or not delegated to any corporation or foreign government.

Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.

Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition.
New Hampshire Rep. Dan Itse, a sponsor of the resolution, said he wants New Hampshire to be among the states "standing up to the federal government, enforcing the Constitution."

He called the current status in the United States, with federal rules and regulations reaching into virtually every facet of a state citizen's life, "a usurpation by the federal judiciary of the people's right of self-government."

"What I see happening is a growing disregard for the rights of individuals and the rights of the states. At some point you have to draw the line," he told WND.

The resolution then, he said, is a warning.

"If you're in a marriage, and things are going rotten, it's not right just to all of a sudden hand the other party divorce papers. The right thing to do is say, 'there's a problem. Let's go to counseling.' This is in essence telling the general government if you continue down this road – you will have nullified the Constitution," he told WND.

He said New Hampshire lawmakers already have defied the federal government in approving a ban on the Real ID, a government program to stiffen identity procedures.

The New Hampshire resolution points out that New Hampshire was set up as "a free, sovereign and independent body-politic, or State" and when its residents ratified the U.S. Constitution they recommended: "That it be Explicitly declared that all Powers not expressly & particularly Delegated by the aforesaid are reserved to the several States to be, by them Exercised."

In a direct attack on federal authority the resolution states: "Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force."

It cites the specific powers given the federal government in the Constitution: to deal with treason, counterfeiting and piracy.

At American Thinker, commentator Larrey Anderson wrote that the plan is pending in the legislature's State-Federal Relations and Veterans Affairs Committee, and also is supported by Rep. Paul Ingbretson, Rep. Tim Comerford, and Sen. William Denley.

"Interestingly, the authors of the New Hampshire Resolution took most of the language from the document commonly known as 'Jefferson and Madison's Kentucky Resolutions of 1798,'" he wrote. "The New Hampshire Resolution boldly defends the state's (and it citizen's) rights preserved under the 9th and 10th Amendments to the Constitution."

He noted a concurrent resolution lacks legal authority as a non-binding expression of the intentions of the legislature.

"Nevertheless, these four New Hampshire state legislators have shown much courage by introducing (or reintroducing) these precious principles that have been the bedrock of our republic," Anderson wrote. "Maybe HCR 6, the shot heard round little old New Hampshire, will inspire more Americans to realize the desperate need to free ourselves from an overreaching federal government. In which case, the shot heard round New Hampshire might become the next shot heard round the world."

Participants in the site's forum page said they were sending information on the resolution to lawmakers in Virginia, Mississippi, North Carolina, Michigan and other states. Several other participants said they wished their own lawmakers had such fortitude.

"At least one state gets it," said one forum participant. "We must free ourselves of that which I firmly believe wants to enslave us, our own government."

BLOGGER'S NOTE:

Maybe there is hope after all, perhaps people will begin to identify with the principal that it is not the people that work for the Government, but the Government that works for the people.

If thine eye deceives thee....

"A Mutt Like Me"

Kudos Mr President Elect Obama.

I just watched your first address to the American public regarding your briefing on the economic conditions of our country.

Invariably the question had to be asked regarding the puppy soon to grace your home and entertain your family.

I do not envy you your choices: the pressure to succumb to the desire to appease a segment of this society to 'adopt' a shelter pet when they themselves fail to tell you that there is no assurance associated with such an acquisition. Although it would be nice to order a pup from a shelter ala carte free of the allergens associated with dogs it is simply not possible. The likelihood of finding a hypo-allergenic dog at a shelter, although possible is not without the associated risks of temperament, the reasons it was surrendered to a shelter; compatible disposition for two young daughters? Housebroken? It would be a tragedy to have a new pet come to the most prestigious address in the world to use it as a toilet. I know you are well intentioned, I have to say you handled the conference with grace and dignity.

I liked the comment "a mutt like me" for a couple of reasons. One, we share a similar heritage, of mixed parents, dubious beginnings and a vision for a better future for our families. Although I cannot comment that I agree with all of your policies, I can share the view that as my new President, I must give you the benefit of the doubt and allow you to lead before I pass judgment.

Your selection of a pure bred dog is not without pitfalls as well. Although you can achieve the predictability that you cannot with a shelter dog or a mutt like a Golden-doodle or any of the designer crosses, at least you have options that will enable you to determine the best suited pet for your household.

My personal recommendations in descending order and reasons for such:

Irish Water Spaniel Traditionally used as a gun dog, they are not a popular breed. They are medium to large, have wonderful temperaments and usually love children. They do require coat care, but not so much as a Bichon or the Poodle, from which it is said that these dogs are derived. They require exercise that I imagine two little girls would certainly be able to provide, love to play and are not known to be aggressive. They can be stubborn, but are intelligent and loyal companions.

American Water Spaniel Also used as a hunting dog, they are delightful little dogs, averaging in height around a foot at the shoulder. They carry two distinct coat types, the marcel, which is a wavy, hairlike texture and a curly coat much like the Irish Water Spaniel. They require less coat care than the Irish, are substantially smaller, but can be willful. They are energetic, are usually natural retrievers and are also uncommon. They would meet the hypo allergenic properties you are looking for and are wonderful companions providing they get adequate exercise and have appropriate training.

Poodle Offered in three distinct sizes, all carry the same coat properties, color selections and texture. They are lively dogs that are keenly intelligent and very active. The coat requires a considerable amount of maintenance, but there are several clips that are much less low maintenance and keep the dog attractive without looking 'frilly'. Their drawbacks as with a lot of purebred dogs is the propensity for health issues, so when selecting any of the pure breeds, please research the genetic testing your dog's sire and dam have undergone so you can avoid the heartbreak of having to treat your dog for a variety of genetic anomalies.

These are my personal choices, backed by personal knowledge of the breeds and an admiration for them.

Not that you would take my advise however, but for your consideration; not all breeders are bad, and not all shelters and breed rescues are all that altruistic. It would seem to me that you have far deeper concerns than the pet you bring home for your family, but since the outrage on some of your associations recently and in the past, it is probably best to know who your sources of information are.

It is a known fact that HSUS has financially supported such domestic terrorist organizations like PETA and ALF less discreetly in the past than now, and as a non profit organization has created a war chest similar to your own.

It is also true that although some people who breed dogs are less than honest about their product, there are breeders out there who are genuinely concerned about the health and welfare of their dogs and have only the best of intentions.

Your Vice-President Elect has made a decision to purchase a pup from a breeder of German Shepherd Dogs and has taken steps in assuring the pup gets the right start with training and socialization. He has made a dubious choice, for himself, for the rights of conscientious breeders everywhere. Research will bear out on the type and quality of the breeder he chose.

It would do well for the President of this country to not be denuded by the current opinion and choose wisely.

Best of luck to you and your family.