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Posts Tagged ‘10th amendment’

Now that the criminals in the District of Corruption have passed monopoly guarantees for the largest drug and insurance companies, it is time for your state to nullify. Some are already starting the process:

In case you missed the news [Idaho] passed and signed a nullification law yesterday called the Idaho Health Care Freedom Act. Virginia is expected to follow. Missouri, Oklahoma and Tennessee are expected to pass a similar law. 22 other states are debating the law, and it is expected to pass in Texas, Nevada, Montana, Wyoming and a number of others. California is also considering such a law. Although it is nearly certain that the federal courts, and the Supreme Court, would nullify Obamacare as a gross overreaching of federal power, it is clear that state legislatures are going to demand respect for their sovereignty on their own, not relying on the federal court what is obvious to them today, now, immediately.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” – The Tenth Amendment

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wyflag.gifHere’s one the mainstream media isn’t going to tell you: County sheriffs in Wyoming are demanding that federal agents actually abide by the Constitution, or face arrest. Even better, a U.S. District Court agreed according to the Keene Free Press:

The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriff’s Association. The suit in the Wyoming federal court district sought restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution.

Guess what? The District Court ruled in favor of the sheriffs. In fact, they stated, Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official.” Go back and re-read this quote.

The court confirms and asserts that “the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers EXCEEDING that of any other state OR federal official.” And you thought the 10th Amendment was dead and buried — not in Wyoming, not yet.

Bighorn County Sheriff Dave Mattis comments:

“If a sheriff doesn’t want the Feds in his county he has the constitutional right and power to keep them out, or ask them to leave, or retain them in custody.”

“I am reacting in response to the actions of federal employees who have attempted to deprive citizens of my county of their privacy, their liberty, and their property without regard to constitutional safeguards. I hope that more sheriffs all across America will join us in protecting their citizens from the illegal activities of the IRS, EPA, BATF, FBI, or any other federal agency that is operating outside the confines of constitutional law. Employees of the IRS and the EPA are no longer welcome in Bighorn County unless they intend to operate in conformance to constitutional law.”

The implications are huge:

But it gets even better. Since the judge stated that the sheriff “has law enforcement powers EXCEEDING that of any other state OR federal official,” the Wyoming sheriffs are flexing their muscles. They are demanding access to all BATF files. Why? So as to verify that the agency is not violating provisions of Wyoming law that prohibits the registration of firearms or the keeping of a registry of firearm owners. This would be wrong.

The sheriffs are also demanding that federal agencies immediately cease the seizure of private property and the impoundment of private bank accounts without regard to due process in Wyoming state courts.

This case is not just some amusing mountain melodrama. This is a BIG deal. This case is yet further evidence that the 10th Amendment is not yet totally dead, or in a complete decay in the United States. It is also significant in that it can, may, and hopefully will be interpreted to mean that “political subdivisions of a State are included within the meaning of the amendment, or that the powers exercised by a sheriff are an extension of those common law powers which the 10th Amendment explicitly reserves to the People, if they are not granted to the federal government or specifically prohibited to the States.”

It appears to me that one office where the Libertarian Party should focus it’s limited resources is County Sheriff. The change that could be made is nothing to laugh at. Meanwhile, there are still a bunch of nuts wasting valuable resources supporting those that seek offices that will never be won.

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