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An Exclusive Report by -
The Stinking Badges
Austin – Tenth Amendment remedies for oppressive federal law will come into play in the upcoming session of the Texas Legislature.
The Stinking Badges
Austin – Tenth Amendment remedies for oppressive federal law will come into play in the upcoming session of the Texas Legislature.
Lawmakers
will get a chance to nullify two hotly contested federal laws that
restrict peoples' civil rights in the name of public safety when they
convene in January.
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| Click here for the minority report |
The
Texas Travel Freedom Act, House Bill 80, would make it a criminal act
to do pat down searches on those who opt out of body scans at
airports. Under the provisions of Rep. David Simpson's legislation,
TSA agents who touch “the anus, breast, buttocks, or sexual organ
of the other person, including touching through clothing” without
probable cause would be subject to criminal charges. Mr. Simpson is a
Republican lawmaker from Longwood.
The
practice of separating children from their parents during pre-flight
examinations would also make a TSA agent subject to criminal charges,
according to the proposed act.
Said
Tenth Amendment Center Communications Director Mike Maharrey, “If
you walk up to somebody and grab their crotch out on the street, it
will land you in jail. Blue uniforms and federal badges don't grant
some goon the power to sexually assault you, or at least they
shouldn't. A person doesn't forfeit her or his personal dignity or
Fourth Amendment protections with the purchase of an airline ticket.”
House
Bill 149, pre-filed by Rep. Lyle Larson (R-San Antonio), would make
it a crime to indefinitely detain people in Texas, as authorized by
the National Defense Authorization Act.
“It
is the policy of this state to refuse to provide material support for
or to participate in any way with the implementation within this
state of Sections 1021 and 1022 of the National Defense Authorization
Act for Fiscal Year 2012 (Pub. L. No. 112-81). Any act to enforce or
attempt to enforce those laws is in violation of this subchapter.”
Under
the two sections cited, federal authorities may arrest and detain
without charges, the benefit of legal counsel or reasonable bail
anyone who is suspected of terroristic activity. The entire nation is
considered a war zone, and people detained under any such suspicions
are to be adjudicated under military law by military tribunals
without the protections of the Bill of Rights.
Michael
Boldin of The Tenth Amendment Center explained the proposed new Texas
law this way.
“With
four more years of the man who not only signed 'federal kidnapping'
into law, but has vigorously defended it in court, there is
absolutely zero chance for repeal in Washington, D.C. Our last hope
is to stand up and nullify. While Representative Larson will likely
be derided by the establishment, if you live in Texas, he deserves
your praise. And other state legislators need to follow suit. When
enough states stand up and say, 'No!' to unconstitutional federal
acts, there's not much that Obama and his gang can do about it. The
Constitution and your liberty will win.”
In
both cases, the preservation of human dignity and the guarantee of
freedom from unreasonable search and seizure under the terms of the
Fourth Amendment, and the right to know the charges for which one is
detained, to confront witnesses against one self, to have access to
legal counsel, to have an opportunity for bail, and to be free from
being compelled to making statements that might lead to self
incrimination, the Tenth Amendment spokesmen cited the writings of
Thomas Jefferson in response to the Alien and Sedition Acts.
In
the Kentucky Resolution of 1798, Mr. Jefferson declared the Tenth
Amendment “the rightful remedy” to any federal law or action that
oversteps the restrictions of constitutional boundaries.
“The
several States composing, the United States of America, are not
united on the principle of unlimited submission to their general
government; but that, by a compact under the style and title of a
Constitution for the United Sates, and of amendments thereto, they
constituted a general government for special purposes – delegated
to that government certain definite powers, reserving, each State to
itself, the residuary mass of right to their own self-government; and
that whensoever the general government assumes undelegated powers,
its acts are unauthoritative, void, and of no force.”
Hear
a podcast on nullification of federal gun laws in favor of a strict
construction of the Second Amendment to the U.S. Constitution:
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