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Dead Constitution
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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: 367
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 # 18.

#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  


#18. To: Original_Intent (#1)

Unfortunately none of the modern 14th Amendment State of Montana's Elected Officials have authority to "nullify" any Federal Law.

PatrickHenry  posted on  2011-02-13   16:01:43 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 18.

#20. To: PatrickHenry (#18)

Technically, the Feral Government is constrained by the Constitution to its enumerated powers and the Tenth Amendment reserves all other rights to the States and the People respectively. So, the States have every right to enforce that upon Feral Government actions.

While the 14th enshrines due process it does not grant the central government the authority to violate any of the other amendments. None of the other articles of the amendment come close to having any bearing upon the issue.

Original_Intent  posted on  2011-02-13 16:29:16 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 18.

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