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Dead Constitution
See other Dead Constitution Articles

Title: Montana first to introduce broad-based State Nullification Act
Source: Patriot News
URL Source: http://thepatriotsnews.com/indx.php/content/96
Published: Feb 13, 2011
Author: staff
Post Date: 2011-02-13 11:55:43 by abraxas
Keywords: None
Views: 392
Comments: 32

Montana first to introduce broad-based State Nullification Act

The Montana State Legislature is first to introduce a broad-based state nullification bill designed to reassert the states right to rein in the federal government by nullifying all unconstitutional acts committed by the three branches of the federal government.

Montana HOUSE BILL NO. 382 sponsored by Rep. D. Skees is titled - “AN ACT PROHIBITING INFRINGEMENT OF THE STATE OF MONTANA’S CONSTITUTIONAL RIGHT TO NULLIFICATION OF ANY FEDERAL STATUTE, MANDATE, OR EXECUTIVE ORDER CONSIDERED UNCONSTITUTIONAL BY THE STATE; ENACTING THE MONTANA NULLIFICATION REAFFIRMATION ACT; AND PROVIDING A RETROACTIVE APPLICABILITY DATE.”

The bill is based upon a Model State Nullification Reaffirmation Act researched and drafted by the Constitutional Justice Division of The United States Patriots Union of Sheridan Wyoming.

In cooperation with strategic partner Stand Up America, led by MG Paul Vallely, US Army (Retired), the Patriots Union has distributed the Model Bill to more than 30 state legislatures through its many member/activists across the states.

Many of these states are working to adapt the model bill to suit their state interests, but Montana is the first to actually introduce the bill, largely in the form in which it was originally presented to state legislators.

If passed, the bill reasserts the states right to nullify any federal statute, executive order or judicial intrusion which the state legislature deems unconstitutional and abusive towards the states or the people of the states.

For more information on the Montana bill, contact Rep. Derek Skees office.

The Model State Nullification Bill is available HERE.

JB Williams Co-Founder www.PatriotsUnion.org/

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Begin Trace Mode for Comment # 11.

#1. To: abraxas, christine, farmfriend, CadetD, ghostdogtxn, Kamala, Lod, James Deffenbach, TwentyTwelve, wudidiz, all (#0)

This is great news. A quiet Revolution under the Big Sky.
YEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE HAHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!!!!!!

I like this line of approach better than secession for a couple of reasons:

1. It provides no pretext for military intervention by the Feds. It is not a simple refusal to obey but an assertion that the Federal Government has no right under the Constitution to take whatever action is contested. That means that the Feds are forced to go to court to try to prove that their action, whatever is contested, is in fact authorized under the Constitution. Otherwise they are put in the position of asserting it by force alone which then presents the problem of enforcing an edict. Since Military Officers are required by their oath to follow first the Constitution then to enforce an unconstitutional law is a violation of their given oath and is a crime under the Uniform Code of Military Justice which forbids following an illegal order.

2. It does not require the States to act in unison - such as when the Confederacy was formed. Thus individual States may severally assert their Constitutional rights without consultation or agreement by another. This could tie the Feds up in knots.

3. Since the Supreme Court is the Court of original jurisdiction in matters between the States and the Federal Government it forces the Supreme Court back into their rightful role of adhering to the written Constitution and basing their findings upon it.
There are a lot more ramifications to this as it provides an avenue to challenge the ratification of the 16th and 17th Amendments which, by all accounts and evidence I am aware of, were never legally ratified. Such a forced ruling by the Supreme court would render them null and void.

I simply do not see any downside to this from the point of view of a liberty loving Constitution supporting individual.

OK Texas - your turn.

Original_Intent  posted on  2011-02-13   13:31:31 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Original_Intent (#1)

I love that state!! Let's hope that others follow suit.

abraxas  posted on  2011-02-13   14:06:40 ET  Reply   Untrace   Trace   Private Reply  


#6. To: abraxas (#4)

I love that state!! Let's hope that others follow suit.

Amen. I think Texas is a good candidate as is a lot of the West. I know the amount of land claimed by the Feds is a sore point in much of the West.

Original_Intent  posted on  2011-02-13   14:22:06 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Original_Intent (#6)

I know the amount of land claimed by the Feds is a sore point in much of the West.

Nevada has the most of any state, but the state doesn't want to pay to maintain that land.

abraxas  posted on  2011-02-13   14:38:40 ET  Reply   Untrace   Trace   Private Reply  


#8. To: abraxas (#7) (Edited)

Nevada has the most of any state, but the state doesn't want to pay to maintain that land.

Then sell it and bank the revenue in a Trust - allowing them to spend only the interest income.

(Edit) And one other thought would be to sell the land with restrictive covenants forbidding environmental degradation. Thus the land goes into private hands but with the caveat that it may not be befouled with the cost of clean-up and mitigation placed back on the rest of the community as is now the practice.

Original_Intent  posted on  2011-02-13   15:02:49 ET  Reply   Untrace   Trace   Private Reply  


#9. To: Original_Intent (#8)

Then sell it

lol......not a great deal of buyers looking for desert land with no water, OI.

abraxas  posted on  2011-02-13   15:04:25 ET  Reply   Untrace   Trace   Private Reply  


#11. To: abraxas (#9)

You might be surprised. And there is water - if you are willing to drill deep enough. Personally, I'd hire a good dowser and locate a tract with a good water supply relatively close to the surface.

Original_Intent  posted on  2011-02-13   15:12:56 ET  Reply   Untrace   Trace   Private Reply  


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