Tuesday, August 19, 2014

August, 2014 Update: Will The Center Hold, Part 1: The Country Fights EPA, Gun Control, and Government Spying Tyranny

On a periodic basis we have been examining a unique phenomena in this country, namely the fact that state and local governments and individual citizens are standing up against the overreach and tyranny of the Federal government and the Washington political class. Under the hypothesis, “Will the Center Hold?”, we have examined the rather radical but growing possibility that very soon Washington and the Federal government will enact a law, an executive order, some type of regulation, etc. and the rest of the country will simply ignore the action.


And what happens if that should come to pass? Will we continue to be a republic with a central Federal government or does the whole shebang start to come apart with states and others doing as they please and treating anything out of Washington as merely a suggestion and not a requirement?

Issues that have been discussed where states and individuals have pushed back against the Feds include gun control, Common Core education standards, Obama Care regulations and requirements, Federal program enrollment such as Medicaid, and other large issues. To review past discussion on this topic, just enter the search term, ‘will the center hold” in the above search box to see how widespread but underreported this push back against Federal tyranny and oppression has become.

Today will be one of several updates to this movement as we continue to give examples have how the center might not hold in the face of an overreaching, ineffective, and inefficient Federal government and bureaucracy.

1) One of the many Federal government bureaucracies that is out of control is the EPA. They have been directed by the President to impose strict air quality restrictions on coal powered power plants in a futile attempt to reverse climate changes. I see futile since any restrictions on the use of coal in this country will have an absolute minimal effect on global climate change since the rest of the world, especially China, is exponentially increasing its use of coal. All the EPA restrictions will do is reduce economic activity and growth, increase unemployment, and severely increase the cost of electricity in his country.

That will happen if the EPA is allowed to do so but some people and state governments are fighting back against this EPA overreach. Recent news reports have reported that West Virginia Attorney General Patrick Morrisey is leading a coalition of states to overturn 2011 actions by the EPA, actions in which the EPA granted itself the power to regulate carbon dioxide emissions coming from power plants.

Oklahoma Attorney General Scott Pruitt recently joined the anti-EPA coalition: “Our system doesn’t allow federal agencies to ‘improve’ or ‘fix’ laws to advance an agenda. That is what happened here: the EPA made a promise in 2011 to expand its authority to regulate greenhouse gas emissions from existing power plants.”

The coalition has gone to court with a lawsuit is to hold the EPA accountable to current laws and keep them from overstepping their boundaries: “Fortunately, the law doesn’t allow the agency to do what it wants. This lawsuit is about holding the EPA accountable to following the environmental statutes as passed by Congress. Oklahoma will continue to challenge the EPA – or any other federal agency – when it takes actions that undermine our system and the rule of law.”

So ask yourself: what if 12 states, 24% of all states, decided to just ignore EPA directives that it found to be outside the realm of established law? What would the Federal government do, if anything? Throw twelve governors and their attorney generals in jail? Impose martial law and forcibly place their own reps into those state offices? Interesting times.

2) Gun control has been a big area of state government pushback and ignoring of Washington’s wishes relative to the Second Amendment, that “the right to keep and bear arms, shall not be infringed”. 

The state of Missouri has been very active in the forefront of the gun control nullification movement, with its state government passing numerous resolutions on that issue. However, Missouri recently took a giant step towards making the nullification of Federal gun control laws official state policy.

State voters in Missouri overwhelmingly approved a Constitutional Amendment that “obligates” the state to protect and defend the right to keep and bear arms against any and all infringements, as part of their Primary election on August 5th, according to the Tenth Amendment Center.

Amendment 5, which got the approval of about 64% of voters, asked Missouri voters: “Shall the Missouri Constitution be amended to include a declaration that the right to keep and bear arms is an unalienable right and that the state government is obligated to uphold that right?”

Missouri’s Constitution will now include Amendment 5, which will affirm “the right of every citizen to keep and bear arms in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. The state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.”

Michael Boldin, Executive Director for the Tenth Amendment Center, a leading organization in support of individual and state rights vs. an oppressive central government, stated that: “Under no circumstance’ is not beating around the bush. When the federal government attempts to enforce a law, order, rule or regulation that violates the right to keep and bear arms, the state of Missouri is now required to step in and defend against that.”

What happens when a Federal ATF agent or agents are arrested in Missouri trying to restrict the Second Amendment rights of Missouri citizens? What does the Obama administration do when Federal ATF agents go on trial in Missouri for violating a local citizen’s Second Amendment rights? 

The dangerous aspect of state nullification of Federal government gun control restrictions is that both sides could come to the party toting guns, each trying to enforce their respective government entities’ gun control edicts and laws. Although once thought impossible, it is now a possibility, although a small possibility, that at some point we could have Federal and state law enforcement officials both staring down at each others’ gun barrels, a scenario that is not likely to end well.

3) The Personal Liberty Digest website recently had an update on many of the state government nullification efforts against the Federal government. As you will see, this movement is widespread, growing, and being waged on many fronts:
  • First, though let’s get a definition of what the website defines as nullification: “Any act or set of acts which has as its result a particular law being rendered legally null and void, or unenforceable in practice."
  • In Missouri, state citizens will have the chance to support the #YesOn9 campaign and vote to approve Amendment 9. This change to the State constitution would give “electronic data and communications” the same State constitutional protections as “persons, houses, papers and effects.” This specifically prohibits State agencies from accessing it without a warrant in most cases
  • In New Hampshire, recently enacted laws ban state and local law enforcement from searching an electronic device without a warrant and also prohibits a small category of what the Federal NSA entity has been doing with the warrantless data it collects.
  • A California law that would create a legal process for turning off material support and resources (like water and electricity) to Federal agencies engaged in unConstitutional warrantless surveillance programs is close to be signed into law by the state governor
  • Similar privacy, anti-NSA legislation is expected in states like Utah, Texas and Washington
  • In Idaho, a new law would nullify future Federal gun laws by prohibiting State enforcement of any future Federal act relating to personal firearms, firearm accessories or ammunition. The encouraging aspect of this legislation is that it passed unanimously in both houses of the state legislature.
In just a few paragraphs today we have summarized three fronts on which state governments are trying to protect ourselves from the freedom destroying and liberty limiting actins of the federal government. An EPA out of control, the continuous attempt to shred the Second Amendment, and the continuing effort to prevent the government, at all levels from snooping in on ourselves and destroying our privacy, i.e. shredding the Fourth Amendment, without due cause.

I cannot remember anytime in our history when there was such a widespread and deep disconnect between Washington and the rest of the country, its state governments, and its citizens. As we have shown many times in this blog, approval of the Obama Presidency, Congress, and the Federal bureaucracy has never been lower and continues to trend downwards. Nullification and the potential for serious clashes as a result of ignoring Washington edicts is growing stronger and more widespread every day. 

This is just a start of this month's review of the question: Will the center hold if at some point in time we just start ignoring whatever comes out of Washington? More nullification updates and stories tomorrow. Will the center hold?

Our book, "Love My Country, Loathe My Government - Fifty First Steps To Restoring Our Freedom And Destroying The American Political Class" is now available at:

www.loathemygovernment.com

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Please visit the following sites for freedom:

Term Limits Now: http://www.howmuchworsecoulditget.com
http://www.reason.com
http://www.cato.org
http://www.robertringer.com/
http://www.youtube.com/watch?v=08j0sYUOb5w






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