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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: 388
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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#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   Trace   Private Reply  

Pardon Madame. Left you off the first list.

Original_Intent  posted on  2011-02-13   13:34:08 ET  Reply   Trace   Private Reply  

A good friend of mine just moved to Montana. They are working on getting Baldwin elected Gov. He talked about taking back all federal land within the state. LOL love it!

Tough women come from New York, sweet women from Texas, prissy women from Southern California, but we NORTHERN CALIFORNIA WOMEN have fire & ice in our blood. We can ride 4-wheelers, be a princess, throw a left hook, pack heat, hunt with the men, bake a cake, love with passion, and if we have an opinion, you know you're going to hear it!!

farmfriend  posted on  2011-02-13   13:40:45 ET  Reply   Trace   Private Reply  

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

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

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

A good friend of mine just moved to Montana. They are working on getting Baldwin elected Gov. He talked about taking back all federal land within the state. LOL love it!

Yes, Pastor Baldwin moved in up around Flathead Lake (that has got to be a little change from Florida - there's probably 2 feet of snow on the ground about now). The last time I was there I was about 3. What I remember most is the huge carp one of my relatives caught from the lake during the family shin dig.

Original_Intent  posted on  2011-02-13   14:19:12 ET  Reply   Trace   Private Reply  

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   Trace   Private Reply  

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.

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

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

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   Trace   Private Reply  

Then sell it

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

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

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

OK Texas - your turn.

don't hold your breath waiting for bubba good hair perry to allow any real dissension of the federal governments claimed powers as that could cause more peoples of Texas to question the state's, county's and/or city's claimed powers over the people.

IRTorqued  posted on  2011-02-13   15:04:28 ET  Reply   Trace   Private Reply  

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   Trace   Private Reply  

don't hold your breath waiting for bubba good hair perry to allow any real dissension of the federal governments claimed powers as that could cause more peoples of Texas to question the state's, county's and/or city's claimed powers over the people.

Hangin's too good for 'im.

Original_Intent  posted on  2011-02-13   15:14:06 ET  Reply   Trace   Private Reply  

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.

Tough women come from New York, sweet women from Texas, prissy women from Southern California, but we NORTHERN CALIFORNIA WOMEN have fire & ice in our blood. We can ride 4-wheelers, be a princess, throw a left hook, pack heat, hunt with the men, bake a cake, love with passion, and if we have an opinion, you know you're going to hear it!!

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

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

California won't go there until we rid ourselves of all the criminals ... top to bottom ... Jerry Brown to the last guy elected in this state for whatever office.

The numbers of people leaving the state are going to create one heluva problem in lack of revenue, even with all those tax increases. Who is gonna pay them? Jerry Brown and his criminal cronies???

Phant2000  posted on  2011-02-13   15:26:02 ET  Reply   Trace   Private Reply  

The numbers of people leaving the state are going to create one heluva problem in lack of revenue, even with all those tax increases. Who is gonna pay them? Jerry Brown and his criminal cronies???

They may not find themselves with too many other options.

All I can say is that the conservatives/libertarians/Constitution Party are welcome here and the libs can keep movin'.

Original_Intent  posted on  2011-02-13   15:30:39 ET  Reply   Trace   Private Reply  

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

Have you ever seen the growth estimates for Alaska and its economy if the land were privately owned????

Cynicom  posted on  2011-02-13   15:30:56 ET  Reply   Trace   Private Reply  

I remember when I was a kid, reading in Argosy and such, that you could buy land in the Alaskan outback for $15 an acre.

Sign me up for a couple thousand at that price. ;-)

Original_Intent  posted on  2011-02-13   15:34:51 ET  Reply   Trace   Private Reply  

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

In effect, it’s (The Holacaust Inc.) become like a grotesque doll wielded by witch doctors, used to keep individuals from asking too many questions, from thinking for themselves and stepping out of line.

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

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%

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

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

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   Trace   Private Reply  

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.

Tough women come from New York, sweet women from Texas, prissy women from Southern California, but we NORTHERN CALIFORNIA WOMEN have fire & ice in our blood. We can ride 4-wheelers, be a princess, throw a left hook, pack heat, hunt with the men, bake a cake, love with passion, and if we have an opinion, you know you're going to hear it!!

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

Have you ever seen the growth estimates for Alaska and its economy if the land were privately owned????

No but given its natural resources I'm sure it would be interesting.

Tough women come from New York, sweet women from Texas, prissy women from Southern California, but we NORTHERN CALIFORNIA WOMEN have fire & ice in our blood. We can ride 4-wheelers, be a princess, throw a left hook, pack heat, hunt with the men, bake a cake, love with passion, and if we have an opinion, you know you're going to hear it!!

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

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.

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

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

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

You may wish to review Joel Tiffany's Treatise on Government with special attention to chapter on the states (free at google books). After this careful review study the Fourteenth Amendment debates/legislative intent.

Tiffany makes clear that federal or state territorial jurisdiction follows political status. Prior to a state becoming a state of the Union the Jurisdiction is Federal with exception to the first 13 colonies or states. Within a Federal Territory "state citizenship" is not possible only Citizen of the United States (not to be confused with U.S. 14th citizen). State Citizenship referenced in DC v Heller is only possible with a state of the Union.

Now review the 14th debates and see the intent was to create a political status without benefit of the 9th (natural rights, rule of law etc.) and 10th Amendment (separation of powers doctrine, dual sovereignty). Review any modern 14th Amendment State constitution's voter eligibility clause, Senate, Governor eligibility clause etc. and you will find the political status of a 14th. Now review the modern States "statute on statutes" and find that the definition is Federal Territorial Jurisdictional.

I'm not here to burst anyone's bubble, but it's easy to prove the 10th died (or is otherwise dormant) with the Radical Republicans/Corporate Marxists.

Yours as a Native Illinoisan,

Patrick Henry

P.S. Forgetting the mind garbage taught in federally funded public schools is a only a first step toward natural right freedoms enjoyed by the founding fathers

In effect, it’s (The Holacaust Inc.) become like a grotesque doll wielded by witch doctors, used to keep individuals from asking too many questions, from thinking for themselves and stepping out of line.

PatrickHenry  posted on  2011-02-13   19:14:49 ET  Reply   Trace   Private Reply  

Pardon Madame. Left you off the first list.

Sniff, sniffle, blows nose, crying now!

I want either less corruption or more opportunity to participate in it. Ashleigh Brilliant

angK  posted on  2011-02-14   23:56:06 ET  Reply   Trace   Private Reply  

Question. When the collapse finally bottoms out and China has cut off the U.S. Fed, the taxpayers are bankrupt, and the government cannot afford to even pay their workers and soldiers, let along the pensions and welfare programs, how do you think the Federal Government is going to be able to keep the 'union of the states' together?

PaulCJ  posted on  2011-02-15   0:16:33 ET  Reply   Trace   Private Reply  

Pardon Madame. Left you off the first list.

Sniff, sniffle, blows nose, crying now!

Stop That! No Fair! You know darn well that is the one thing most men can't handle.

Original_Intent  posted on  2011-02-15   0:30:39 ET  Reply   Trace   Private Reply  

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.

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2011-02-17   4:40:10 ET  Reply   Trace   Private Reply  

Less wringing of the hands and more action, well done Montana!

Tony Two Times  posted on  2011-02-17   4:54:48 ET  Reply   Trace   Private Reply  

Forgetting the mind garbage taught in federally funded public schools is a only a first step toward natural right freedoms enjoyed by the founding fathers

Seems to me that the next step shouldn't be to dismiss the Constitution they gave us, or any part of it, in deference to massive mazes devised by myriads of deconstruction agendists.

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2011-02-17   5:14:07 ET  Reply   Trace   Private Reply  

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

I did but it didn't work either. I used to have two sources and both had alaska at 99%. My favorite had a break down between all the agencies including reservations. Since there were two separate sources, I believe the numbers were accurate. Interesting that even Nevada now shows lower numbers than my defunct sources. I think they are purposefully lowering the numbers to hide how much they really own.

Tough women come from New York, sweet women from Texas, prissy women from Southern California, but we NORTHERN CALIFORNIA WOMEN have fire & ice in our blood. We can ride 4-wheelers, be a princess, throw a left hook, pack heat, hunt with the men, bake a cake, love with passion, and if we have an opinion, you know you're going to hear it!!

farmfriend  posted on  2011-02-17   13:33:00 ET  Reply   Trace   Private Reply  

I think they are purposefully lowering the numbers to hide how much they really own.

Sounds like something they'd do but they don't really own it like they think.

4um Utah Passes Law to Seize Federal Land - Enclave Clause

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2011-02-17   23:43:29 ET  Reply   Trace   Private Reply  

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