Introduced in the State Senates of both Colorado and South Dakota last week is a bill known as the “Firearms Freedom Act.” If passed, the bill would make state law that “any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in the state and that remains within the borders of the state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”
This now makes Firearms Freedom Acts already passed in Montana and Tennessee, and currently introduced in these 21 states: Alabama, Alaska, Arizona, Colorado Florida, Georgia, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, and Wyoming.
According to Gary Marbut of the Montana Shooting Sports Association and author of the original bill that was introduced in Montana, “It’s likely that FFAs will be introduced soon in West Virginia, New Mexico, Idaho, Kansas, Arkansas, Louisiana, North Carolina and maybe elsewhere”
South Dakota’s Senate Bill 89 (SB89) was introduced by State Senator Rhoden, and has 22 Senate co-sponsors and 44 House co-sponsors.
Colorado’s Senate Bill 092 (SB10-092) was introduced by State Senator Schultheis and has 9 Senate co-sponsors and 7 House co-sponsors.
CLICK HERE – to view the Tenth Amendment Center’s Firearms Freedom Act Tracking Page
UPDATE, 01-26-10
The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.
But nullification is more than just a mere rhetorical statement or a resolution affirming the position of the legislature. To effectively nullify a federal law requires state action to prevent federal enforcement within the state.
Implied in any nullification legislation is enforcement of the state law. In the Virginia Resolution of 1798, James Madison wrote of the principle of interposition:
That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.
In his famous speech during the war of 1812, Daniel Webster said:
“The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”
Here Madison and Webster assert what is implied in nullification laws — that state governments not only have the right to resist unconstitutional federal acts, but that, in order to protect liberty, they are “duty bound to interpose” or stand between the federal government and the people of the state.
In similar proposals, some legislators around the country have begun adding penalties – ranging from misdemeanors to felony charges – for federal agents, too. Other legislators have already introduced what’s known as the “State Sovereignty and Federal Tax Funds Act” which would require the state to interpose against the IRS and withhold tax funds from D.C. Click here to read more about this proposal.
Even without such specific penalties listed, I see this as an important step in the right direction.
The concept of a “third rail” comes from electric trains…the big kind that people travel on. The wheels of the train run on the normal rails, and a third rail is the electric power source for the train’s electric motors. Touch the rails for the wheels and you have no problems. But touch the third rail, usually electrified with hundreds of volts, and you die.
In politics, the Social Security system became known as the “third rail” of politics. The system became sacrosanct over time, and politicians who wanted to reform Social Security came to find out that touching the system meant certain political death.
But there is a new political “Third Rail” in America today…Secession. It evokes fear and dread in most politicians, no matter if those politicians are at the state or federal level. Even the lone Congressman leading a revolution in Washington for liberty…Dr. Ron Paul of Texas…won’t speak of secession as a solution to end Federal tyranny.
I had opportunity to speak to Dr. Paul in person at the Campaign for Liberty’s regional conference in Atlanta a week ago. When I asked specifically about secession, he said that states had no chance for secession at the present time. Rather, he stated that as the Federal government implodes, the states would be able to nullify or simply ignore Washington…a “de facto secession” is what he called it.
Doctor Paul is privy to a vast breadth of information to which I have no access. So, I cannot simply dismiss his opinion about secession. And perhaps his opinion about secession will change as circumstances change in America. But it appears to me that Ron Paul is not yet willing to support the concept of state secession as the solution to DC tyranny. He will not touch the Third Rail.
In his recent“State of the Republic” Address, he outlined all of the reasons that America is in such deep, unavoidable trouble as a nation. Here is the summation that Congressman Paul offered:
The only way that we can prevent blood from running in the streets is to offer a better idea of the proper role of government in a society that desires first and foremost -liberty.
And that is impossible without a firm commitment by our thought leaders to the ideas of freedom, the source of all creative energy and prosperity. An all-powerful state is the threat to that ideal.
The prevailing attitude of the people-as it once was in early America-must be that of liberty and self reliance, rather than the nanny state and dependency relying on government force to mold all private choices.
If this is understood, a smooth-although not painless-transition to a free society is achievable. Ignoring this option will be very destructive to everything that is dear to the hearts of most Americans.
What is it that we must do? We must immediately:
• Balance the budget by reducing spending
• Change our foreign policy to that of non-intervention
• A full audit and more supervision of the Federal Reserve leading to abolishing the Federal Reserve
• Legalize competition to the Federal Reserve with competing currencies
• Regain respect for civil liberties and privacy while reigning in the CIA
• Wean ourselves off the dependence of wealth transfers by government
• Abolish crony capitalism-no subsidies, no bailouts, no regulatory or tax privileges to protect the powerful elite, especially the military industrial complex
• Eliminate the income tax, inheritance tax and taxes on savings and dividends.
None of this can happen without the restoration of Congress to its dominant position of the three Branches of Government as was originally intended by the Constitution. The Executive and Judicial must be reined in, and Congress must assert its prerogatives over all legislation curtailing all unconstitutional agendae through budgetary controls.
Signs abound that angry Americans are now more ready than ever before for a change in direction that is indeed real. If this program were improvised-even suddenly and dramatically-the adjustment, though significant and to a degree somewhat painful, would be much shorter and of minor consequence compared to the chaos and poverty that will result if we refuse to change our gluttonous appetite for a free lunch.
While I agree with Dr. Paul’s analysis, no amount of videotape…no amount of ink on a page…not even the complete agreement of all pundits will convince me that Washington will EVER contemplate any one of the eight bullet point actions listed above. And if they won’t contemplate them, Congress will most assuredly NOT enact any of them. Actions speak louder than words.
Rep. Paul stated openly at the conference that, even with 315 co-sponsors to HR 1207, the bill to audit the Federal Reserve, he does not anticipate that a vote on this bill will be allowed in the year 2010.
So, in the obvious absence of ACTION by Congress on the eight recommend-ations by Rep. Paul, what practical solution is left to solve the empire-ending problems coming from DC and affecting every American?
There remains only one solution.
Secession.
I disagree with Doctor Paul. I do not believe that we can prevent “blood from running in the streets.” State secession would not prevent the economic collapse of the Dollar. And when the dollar melts down, crime, hunger, poverty and death are still going to happen widely in America. I also believe that the President will invoke nationwide martial law as soon as the economic collapse occurs. At that moment, governors and state legislatures are going to have to make a hard decision who is finally in charge.
But if a state will secede and immediately adopt a gold/silver monetary policy combined with the freedom of currency competition (just like Paul wrote in the Free Competition in Currency Act, HR 4248), that state or states will have the ONLY chance on the North American continent to shorten the suffering of its citizens and create a new nation based upon individual liberty and sound money.
Secession is the Hope For Mankind. Who will be first?
“All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident.” ~Arthur Schopenhauer
I was on a conference call Thursday night with the leadership of a state secessionist movement. The general theme of the call was the need to present a unified message to all seekers of truth.
Later, as I tried to slow my mind down before sleep, I had an “AHA!” moment which is why you’re reading this now.
There is a war being waged for your mind. There are only two sides in this fight.
One side believes that government is good, and more government is better. They want to minimize individual liberty, and they promote the interests of groups.
They believe in:
No restrictions on the power to tax, spend and regulate
Their superiority to make decisions for your own good
State ownership of your assets and liberties and their right to take either or both
Deficit spending
The Federal Reserve
Printing counterfeit money
Planned inflation
Fractional reserve banking
Bailouts of banks, insurers and automakers
Unending foreign wars
Acceptable death and casualty tolls of American military personnel on foreign soil
Imperialistic foreign policy
Social Security
Medicare
Health Care “reform” legislation
Meaningless elections
Voting fraud
The military-industrial complex
The Patriot Act
Thousands of pages of new laws and regulations every year
Constant, mind-numbing propaganda through the Main Stream Media
Government schools, low achievement and substandard educational quality
The Supreme Court’s rulings on which laws DC will obey
Abortions on demand
Preventing American energy independence
Alienating all of our world allies
Selling our sovereignty to foreign nations who buy American debt
The other combatant camp believes in individual liberty and natural rights bestowed upon man by his Creator. They know that power corrupts. They know that any government must be bound with strong chains to protect life, liberty and property.
They believe in:
Tightly defined government
Enforcement of restrictions on government
Free Enterprise
Balanced budgets
Honest elections
Gold and silver-backed money (hard money)
No counterfeiting
Property rights
Protection of human life
The sanctity of contracts
Justice that defends the innocent and restores the injured
Defense by militia
No matter what you see on TV, hear on the radio, or read on the printed page…all of the rhetoric and rumble boils down to you deciding which side you support.
It’s ALL ABOUT your guiding principles. Your world view defines your actions.
The “AHA” moment was that the big government side is intellectually bankrupt. Every scheme they have tried for 150 years has eventually failed. They have no new ideas that don’t begin with a preconception of government solutions. They have no solutions that protect liberty and restrict government. They exhibit no willingness to return to the Constitution. Their regime is repressive and exhibits the low, negative energy of tyranny and despotism.
The small government camp has the solutions. Their message is one of high-energy and a positive attitude. Their ideas harken back to the Reformation and Enlightenment principles of God-granted liberty and self-determination. At the same time they project a realistic, achievable vision of tomorrow.
The decision you must make is whether to take action or not. If you take no action whatsoever, you will default into the big government camp. They already own you. So you need to do nothing at all to keep moving on toward destruction.
If you do not want to go down with the big government ship, it will be required of you that you take some sort of action in opposition to the despots and tyrants. Happily, the small government camp does not force you to act. You’re free to take any action you choose to throw off such oppressive government and embrace liberty.
But act you must if you ever want to live free.
Secession is the hope for mankind. Who will be first?
(Oklahoma City, Oklahoma) A bill has been introduced in the Oklahoma legislature to protect the Second Amendment rights of the state’s citizens.
House Bill 2884, creates the “Oklahoma Firearms Freedom Act,” which declares that a “personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Oklahoma and that remains within the borders of Oklahoma is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”
The legislation notes that regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution and that Article II, Section 26, of the Oklahoma Constitution “clearly secures to Oklahoma citizens, and prohibits interference with, the right of individual Oklahoma citizens to keep and bear arms.”
As a result, under the bill, guns manufactured in Oklahoma and sold to citizens of the state would not be subject to federal regulations since “those items have not traveled in interstate commerce.”
Applicable firearms will be required to clearly display “Made in Oklahoma” on a major metallic part.
Some supporters of the legislation say that a successful application of such a state-law would set a strong precedent and open the door for states to take their own positions on a wide range of other activities that they see as not being authorized to the Federal Government by the Constitution.
The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned. Implied in such legislation is that the state apparatus will enforce the act against all violations – in order to protect the liberty of the state’s citizens.
Oklahoma’s bill brings the number to 16 states that have seen a Firearms Freedom Act introduced in the past year – most recently, New Hampshire, Virginia and Missouri.
Frankly, I believe everything possible should be done to challenge the federal power grab.
My business expertise is in the Insurance Risk Management field. I consult individuals and businesses on the best ways to manage their risks. So, when considering the concepts of secession for US states, I look at their exposures to risk and the actions they can take to minimize their risks.
Here are just a few of the risk exposures that states and individuals face, and solutions to manage those risks in the best ways.
Monetary Collapse
The risk here is collapse of the dollar’s value, leaving anyone with dollar holdings and earnings with nearly worthless money. Add to that risk the precursor to collapse, which would be bank closings and suspension of credit card usage. A medium of exchange is necessary for commerce. If your medium of exchange becomes worthless, your ability to engage in commerce will rely only on barter. And, for most individuals, barter is a very limited medium of exchange. What would a normal city-dweller take to the grocer to exchange for food? You likely have nothing the grocer needs.
Article I, Section 8 of the US Constitution clearly states that the Congress shall have the power to “coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.” Delegating this power to the Federal Reserve was unconstitutional. The word is “coin” money, a verb. That means minting coins, not printing paper currency. The printing of irredeemable paper currency without underlying precious metal value is counterfeiting.
The US Congress has spent trillions of dollars of worthless paper money and taken on more trillions in debt. There is only one sure consequence of counterfeiting, and that is the collapse of the monetary system. Eventually, the money will become worthless. But before that occurs, the money will go through a period of massive inflation. It will look as though prices for goods and services are skyrocketing, but that is simply the way that inflation manifests itself in the marketplace. Today it takes a dollar to buy what a five-cent-piece would buy in the 1930s. The dollar’s value has diminished by 95% in that time. That also means that a person earning $100,000 in today’s money could have lived the same standard of living in 1930 for $5,000.
The nations of the world made the gold-backed dollar the reserve currency for the world. A “reserve” currency means that every nation agreed to accept dollars in payment of debts. But now that the dollar has no real value, the world is forsaking the dollar as reserve. The world looks into America’s future and sees no willingness toward fiscal responsibility or even the resolve to support the value of the dollar. Eventually the world will supplant the dollar with another reserve currency. When other nations are unwilling to accept dollars, any remaining value in American dollars will vanish.
A sub-risk in this topic is the timing and procedure used by the nations of the world as they move away from dollars. To prevent a worldwide collapse of the financial system, all nations must make perfectly-timed decisions relating to divesting themselves of American debt securities. Statistically, the chance for a mistake in timing among the nations of the world is extremely high. That means that collapse could happen very suddenly and without warning.
Monetary collapse in the United States is unavoidable. There is nothing that Washington is willing to do to avert the disaster. There is nothing that Washington could do to avert the disaster. They have already gone over the cliff. They simply haven’t hit bottom yet.
Any new nation that replicates US monetary policy will suffer the same consequences over time. A new nation that establishes a gold and silver-backed monetary system, in which gold and silver coins are the only true money, will thrive.
A new nation has only two choices for a new monetary system. Choice One is a gold and silver standard, sound money, no inflation and no debt. Choice Two is counterfeit currency, fractional reserve banking and loans from the International Monetary Fund to operate. Choice One guarantees liberty. Choice Two guarantees financial slavery.
A state that secedes from the Union to form a new nation must establish their monetary system before they do anything else. All private, public and commercial exchange, and the viability of the new nation will turn on this one decision.
Taxation
The risk here is ever-increasing taxation to levels that are unsustainable, reducing citizens to serfs and state property.
Americans are taxed in every way possible. There are personal income taxes, business income taxes, capital gains taxes, inheritance taxes, user fees, property taxes, license fees, sales taxes, Social Security and Medicare taxes and many others. The Federal tax code runs into the thousands of pages, and is so complicated that even the IRS cannot agree on the meaning of the code. The Federal Government has cleverly required employers to collect taxes at the paycheck level, making American employers the tax collectors for the Feds. But this also has the effect of making people seemingly unaware of the total tax burden confiscated from them. The concept of voluntary taxation is pure fiction.
In a new nation, all of the US Federal taxation would cease. Not one more dollar would flow to Washington. Hundreds of billions of dollars would not be extracted by force from individuals in the new nation and sent to Washington. Every individual and business that earns income would immediately begin receiving the gross amount of their earnings. So, if your weekly salary was $1,000, your paycheck would be for $1,000. Imagine that!
The method of taxation that carries the lowest risk of abuse, and the highest levels of individual liberty is the national sales tax. A new nation could opt for no income tax, which would mean no income tax withholding. A new nation could raise their revenue from only sales tax, rather than a mix of taxation schemes. A national sales tax pulls revenue from all commerce in the new nation, not just citizens. Property taxes could be entirely abandoned as a taxation scheme. The only tax code that would exist is the codification of the sales tax. There would be no other code necessary, no individual tax filings, no tax liens, no tax foreclosures. There would be no deductions and no tax-exempt organizations. The new national sales tax could be divided among the counties and cities as needed.
Voter Fraud
The risk here is that when voting cannot be determined to be accurate, confidence in the outcome of an election or referendum vanishes. In addition, this means that voting outcomes can be manipulated. In America, voting has become an anachronistic relic, and only serves to placate the populace and deceive them into believing that their vote counts for something.
It has been proven over the last 10-15 years that electronic voting machines are wholly unreliable and that their systems can be hacked to change voting outcomes. Therefore, when voting outcomes can be rigged, all elections and referendums are subject to suspicion. This happens from the highest office to the lowest, and in every referendum. The only way to alleviate this problem is through a physical ballot system, which can be counted and verified.
A new nation will have the ability to organize the new government any way it wishes to protect the integrity of the voting process.
US Debt Level
The risk here is bankruptcy and dissolution of the US Federal Government.
The US debt is almost unknowable. There are so many spending programs that are not considered in Generally Acceptable Accounting Principles (GAAP) on government books that the brightest minds cannot know the total amount of Congressional spending. Congress increases the so-called debt ceiling in every session of Congress, recognizing absolutely no restraint on their ability to spend.
A new nation will instantly forsake the US debt, leaving Washington and the remaining United States to fend for themselves. The new nation plots its new course with no debt.
Regulation
The risk here is that unconstitutional Federal regulations stifle human behavior and commerce, steal individual rights and liberty, and make good governance impossible.
There is not one second of any 24-hour period in which an American citizen is not regulated by some law. There is not one human act that an American citizen can do that is not regulated by some Federal law. Even thoughts are regulated in today’s America when you consider hate crimes laws on the books.
A new nation would start with no burdensome regulations. This would allow maximum freedom for the individual.
Health Care
The risk here is that health care in the USA has been regulated so much by the Federal Government that it is becoming unmanageable. The unconstitutional health care legislation currently being negotiated in Congress will add thousands more pages to Federal regulations, and make matters worse for individuals and insurance companies.
A new nation will have no health care system. But if the citizens of the new nation decided that they wanted to spend their own money on a national healthcare system, they could do so with only their own resolve and funds.
War and Defense Spending
The risk here is that America is experiencing negative outcomes from its foreign policy decisions, which are carried out by the military.
Any military action done outside the borders of the United States is an offensive action. You cannot defend your country by attacking another on their soil. Defense means to defend, to repel, to thwart attack. Maintaining military bases on foreign soil is unconstitutional and costly.
The defense budget for the United States has become so large that it can scarcely be controlled. And it’s more than just prosecuting foreign wars that runs up the cost. Hundreds of billions are spent annually for new weapons systems that are unnecessary, as well as maintaining the existing weapons systems. Every one of the 50 states has either a military base or businesses that help produce military goods…or both. The Department of Defense cleverly planned it that way so that cutbacks would be very unpopular and difficult to achieve.
In a new nation, properly organized, there would be no standing army, but a citizen militia, just like each state had in 1776. A new nation would walk away from the gigantic defense budget of the USA. If a new nation wanted new weapons systems, it would have to look to its founding documents for authority, then pay for the new toys itself.
Social Programs
Over time, Americans have had an intolerably heavy burden of social spending laid on their backs. Many programs are so deeply buried in the Federal budget that they are known only to the ones who benefit from them. Programs like farm subsidies, loan guarantees, and thousands of government grants given out to either promote or prevent certain human actions fill the various Cabinet-level agencies’ spending. We usually only discuss Social Security and Medicare, but think about obscure pork barrel projects. The long list of pet projects passed by Congress in a record deficit year includes $1.8 million to study why pigs smell. Other gems include $1.9 million for a water taxi in Connecticut, $3.8 million to preserve a baseball stadium in Detroit and $380,000 for a fairground in Kotzebue, Alaska, just above the Arctic Circle.
In a new nation, all of the criminal, unconstitutional spending done by all the 50 states vanishes overnight. The new nation is free from the burden of contributing their hard-earned money to waste and fraud.
Education
The risk under consideration is whether the state has an obligation to educate its citizens or not. If the new nation decides to fund education, it must collect more taxes from the people residing in the new nation. If it decides to forego compulsory education and allow parents to educate their own children and themselves, the new nation will allow for maximum individual liberty and responsibility.
Immigration
The risk in immigration is normally the strain it places on government services. But a new nation, properly organized and formed, would turn the immigration question on its head, and make many of the immigration concerns irrelevant.
If the new nation adopted the “corporation model,” no immigrant could gain citizenship without a procedure of some sort. No children born of immigrants would achieve automatic citizenship. If the new nation resisted the Siren’s song to pay welfare benefits, there would be no drain on the coffers of the new nation. The free marketplace would handle the influx of new individuals coming to the new nation to live. They would have to work and earn income, or leave the way they came. The new nation could also use its citizenship as an incentive to attract the most talented immigrants from around the world. Prices for goods, services, food and housing would accurately reflect supply and demand and directly affect immigration. Said another way, why would you immigrate to the new nation if you could not find work, housing, food, and you knew there were no welfare benefits? But if work, housing and food were available, the immigrant would contribute to the new society.
Constitutional Governance
I left this point until last to emphasize the greatest risk of all. The risk here is how to prevent fraud. The US Constitution is a mere compact between parties, and it cannot bind any two parties into a legal contract. Consequently, the US Federal Government can enact any legislation it pleases and spend any money it pleases in any manner it pleases. It truly answers to no one but itself. So the general understanding of constitutional law is misleading. My points listed above that direct your attention to the US Constitution are true, but the fact that the Constitution has no authority makes many of the arguments moot. It does not, however, diminish the risk for a seceding state. If anything, it increases the political risk. Any new government not founded on contract law is less than a gentlemen’s agreement affirmed with a handshake.
A new nation would have the opportunity to create a new form of government that is actually a legal contract between all parties. The new government could be structured like a corporation. Each person who wanted citizenship would be required to execute a legal contract. No one would be automatically born into citizenship, but would have to attain the age of majority before becoming eligible for citizenship. Stock and voting rights would be issued to each citizen.
Conclusion
The overall recognition of risk found in this article is that a government not strictly limited cannot be controlled, and in such nations, individual liberty is lost.
But a government strictly limited in authority and scope can be successfully managed with the goals to “establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity” (excerpted from the Preamble of the US Constitution). The founding documents for the new nation must be enforceable, and the corporation model would provide for this enforceability.
Try to envision yourself and your family in a new nation created by secession. All the people you meet are excited and breathless in their anticipation of the future. The general opinion of the populace is pure unbridled optimism. The new nation’s economy is booming, the money is backed by gold and silver, and there is no inflation. “Now Hiring” signs are in all the shop windows. The newspaper’s “Help Wanted” ads are packed full. Prices for goods and services are low, and the stores are loaded with goods. Manufacturers are streaming into the new nation to take advantage of the rare pro-business atmosphere. Wages are climbing steadily in manufacturing jobs as companies compete for the best and brightest to be their employees. New businesses are being created at a fever pace. Residential and commercial construction is at a high level to meet the demand of the new residents.
All because one state recognized this historic opportunity and chased the dream of liberty through the process of state secession.
Secession is the hope for mankind. Who will be first?