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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: 345
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 # 21.

#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  


#13. To: abraxas, Original_Intent (#7)

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.

not quite. Alaska has you beat. But your point remains.

farmfriend  posted on  2011-02-13   15:15:14 ET  Reply   Untrace   Trace   Private Reply  


#19. To: farmfriend (#13)

not quite. Alaska has you beat. But your point remains.

Actually, Nevada is the highest.

The top 10 list of states with the highest percentage of federally owned land looks like this:

1. Nevada 84.5% 2. Alaska 69.1% 3. Utah 57.4% 4. Oregon 53.1% 5. Idaho 50.2% 6. Arizona 48.1% 7. California 45.3% 8. Wyoming 42.3% 9. New Mexico 41.8% 10. Colorado 36.6%

abraxas  posted on  2011-02-13   16:25:51 ET  Reply   Untrace   Trace   Private Reply  


#21. To: abraxas (#19)

1. Nevada 84.5% 2. Alaska 69.1% 3. Utah 57.4% 4. Oregon 53.1% 5. Idaho 50.2% 6. Arizona 48.1% 7. California 45.3% 8. Wyoming 42.3% 9. New Mexico 41.8% 10. Colorado 36.6%

I'd like to see where you got the list because Alaska is actually 99%.

Never mind I found it.

My link no longer exists but it showed Alaska at 99%. I doubt seriously that has changed. It also showed Nevada at about 89%. I wish I had saved a copy rather than just the link.

farmfriend  posted on  2011-02-13   18:17:06 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 21.

#23. To: farmfriend (#21)

There are several lists. I just Googled states with federal land and the list popped up on several sites. I double checked that it was the same on a couple prior to posting it. But, this is often a topic in NV as farmers use the land for grazing and there is constant state/federal issues over it.

I've never seen Alaska that high.....always in the 70's and recently dropped below. My uncle owns land up in Alaska and his lived there for decades.

abraxas  posted on  2011-02-13 18:31:21 ET  Reply   Untrace   Trace   Private Reply  


#28. To: farmfriend, abraxas (#21) (Edited)

I'd like to see where you got the list because Alaska is actually 99%.

Never mind I found it.

My link no longer exists but it showed Alaska at 99%. I doubt seriously that has changed. It also showed Nevada at about 89%. I wish I had saved a copy rather than just the link.

Try the link here: Internet Archive Wayback Machine. It might have an older copy in storage there.

Alaska is probably very high because of gold resources -- mainly black gold/oil. Nevada is probably so high because of silver. Saw a documentary years ago that early miners there who were looking for gold kept throwing blue mud out of their way, not knowing that it contained silver.

GreyLmist  posted on  2011-02-17 04:40:10 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 21.

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