The Nullification Door can Swing Both Ways

By Bruce Johnson  June 24, 2013

Patrick Henry, John Calhoun, and George Mason would be delighted that States are showing some backbone after 220 years of Federal power encroachment. States are again beginning to question Federal authority by, in effect, nullifying some Federal mandates. But the "nullification door" is swinging both ways. Is it not nullification of law by the Federal Government itself when they who hold the federal reins refuse to enforce the laws currently on the books? And when no enforcement of the law is at the whim of an administration, what recourse exists for the citizenry? For the States?

Both ends of the political spectrum have engaged in nullification, the rejection of Federal law. As noted in this piece by David Leib, the current focal points of dissonance between State and Federal revolve around a strange mix of topics; healthcare, guns, illegal immigration, citizen identification, and marijuana. We can clearly identify both ends of the sociopolitical spectrum and note they have become strange bedfellows in disobeying the federal government. Coloradans thumb their nose at federal marijuana laws while Montanans do the same with federal gun laws.

Mr. Leib in his article " Federal Nullification Efforts Mounting in States", lists a few of today’ de facto nullifications:

"About 20 states now have medical marijuana laws allowing people to use pot to treat chronic pain and other ailments — despite a federal law that still criminalizes marijuana distribution and possession. Ceding ground to the states, President Barack Obama’s administration has made it known to federal prosecutors that it wasn’t worth their time to target those people…

Federal authorities have repeatedly delayed implementation of the 2005 Real ID Act… about half the state legislatures have opposed its implementation, according to the National Conference of State Legislatures.

About 20 states have enacted measures challenging Obama’s 2010 health care laws…

After Montana passed a 2009 law declaring that federal firearms regulations don’t apply to guns made and kept in that state, eight other states have enacted similar laws…"

But the nullification door swings both ways. As States issue an affront to select federal law, the federal authorities elected and appointed seem also to have some issues themselves with federal law. Even though they have pledged via their oaths of office to enforce these laws, when it serves their political purposes we often get nonenforcement. Despite vowing diligence there is a steady record that is in effect "legislation via non action" by federal agencies and apparently done so at the direction of the Executive and Judicial branches.

In some instances the federal authorities reject any local, police, or State assistance in enforcing federal law as in the Arizona illegal immigration situation. In many marijuana cases, the federal government seems uninterested that State law conflicts with the law on the federal books. Illinois and Chicago in particular drag out a federal mandate to comply with the Second Amendment. Yet most assuredly those same federal authorities will expect local enforcement of new gun laws in Montana.

When polling place violations go unprosecuted, when sanctuary cities invite illegal immigrants and guarantee no pursuit, when immigration agents are told to ease up, and when the War Powers Act that requires the president to consult with Congress but the president only delivers mere notification… are these not de facto nullifications of law?

When States detect that they are being harmed by new federal law, it is more justifiable for them to act than those oath obligated federal office holders channeling their political wishes by choosing which laws to enforce and which to ignore.

"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"

As Madison noted in his Federalist Paper #45,

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.".

Article I, sect 8 of the Constitution clearly delineates that which the Federal Government "can" do, and section 10 of the same Article clearly states what the States "can’t" do. State governments preceded the "federal experiment" and it was from these 13 States the powers so delegated to the "federal experiment" originated. But now add in the Supremacy Clause noting State law can not be in conflict with Federal Law, and if such occurrence arise, Federal law will be "supreme’. More complications arise when the powers of Article I, sect 8 are deemed unbound by how activists interpret the "necessary and proper" clause. All of this sets before us a cauldron of countervailing double- entendre laden documents that often seem internal contradictory. Is it a ‘mish mash’ or a brilliant work of governance?

The Federal Papers lend guidance to the Constitution. These papers fill in the gaps and clarify instances in which the English language within the Constitution sometimes falls short. In Federalist #32 and #33, Hamilton, a devout federalist, points to a certain sovereignty status retained by the States.

32nd:

As the plan of the convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, exclusively delegated to the United States.

Today’s resurgence of nullification of federal law by the States is perhaps the greatest since 1861. John C. Calhoun led a nullification movement in South Carolina in 1832 regarding the collection of federal tariffs on imports. Prior to that, there were the instances of opposition to a National Bank, New England’s opposition to the War of 1812 voiced in the Hartford Convention and also New England’s opposition to the Mexican War and their sending of troops to that effort. Thomas Jefferson himself led nullification efforts in 1798 with the Kentucky Resolution in which "the states had the right and the duty to declare unconstitutional any acts of Congress that were not authorized by the Constitution". Madison followed with the Virginia Resolution in the same spirit.

"If prudently limited and wisely directed, almost any government can be a blessing; yet unless firmly constrained, any government of whatever form will tend to augment its powers in excess, going beyond even the plainest legal limits on its just authority, and will sooner or later become dangerous." Thomas Jefferson (A Constitutional History of Secession, Graham)

Nullification has three stages. (as noted by Graham pp. 108, 109)

Interposition: This involves the identification of the grievances by the offended party (State), adopted by the legislator of that State, and noting the unconstitutional nature of the proposed act by the Federal Government or by other States as being injurious to the offended State. A demand for "appropriate redress" is included.

State Declaration of Nullification: The State will call for assemblies and authorities within the State to then empower such bodies to then craft an ordinance of nullification.

Ordinance of Secession: If the ordinance of nullification should fail to restore proper balance between the Federal Government and the State, by act of sovereign power and ordinance of secession will be adopted.

Secession is unlikely today, but the concept was unresolved in 1861. State sovereignty was a more justifiable position. Virginia, Rhode Island, and New York all ratified the Constitution with the proviso that if they became harmed by the "federal experiment", they retained the powers to withdraw. To extrapolate, and because these ratifications were unconditionally accepted at the convention in which all States were equal partners, these rights to ‘withdraw’ radiated to all the States ratifying at that time.

State resistance to harmful federal legislation is an important component to our federal system. Nullification must be promoted cautiously but once committed, States must hold firm even if it draws an extortion such as the withholding of Federal highway funds. Turnabout is fair play, and as an administration selectively ignores passed law, States gain traction in challenging new Federal law. Principle must trump financial consideration and the promise that is our form of government must not be whittled away.

Read more: http://www.americanthinker.com/2013/06/the_nullification_door_can_swing_both_ways.html#ixzz2XB1xZEFz

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Anger swells after NSA phone records collection revelations

outrage

 

Senior politicians reveal that US counter-terrorism efforts have swept up personal data from American citizens for years


NSA taps in to internet giants’ systems to mine user data, secret files reveal

 

The scale of America’s surveillance state was laid bare on Thursday as senior politicians revealed that the US counter-terrorism effort had swept up swaths of personal data from the phone calls of millions of citizens for years.

After the revelation by the Guardian of a sweeping secret court order that authorised the FBI to seize all call records from a subsidiary of Verizon, the Obama administration sought to defuse mounting anger over what critics described as the broadest surveillance ruling ever issued.

A White House spokesman said that laws governing such orders “are something that have been in place for a number of years now” and were vital for protecting national security. Dianne Feinstein, the Democratic chairwoman of the Senate intelligence committee, said the Verizon court order had been in place for seven years. “People want the homeland kept safe,” Feinstein said.

But as the implications of the blanket approval for obtaining phone data reverberated around Washington and beyond, anger grew among other politicians.

Intelligence committee member Mark Udall, who has previously warned in broad terms about the scale of government snooping, said: “This sort of widescale surveillance should concern all of us and is the kind of government overreach I’ve said Americans would find shocking.” Former vice-president Al Gore described the “secret blanket surveillance” as “obscenely outrageous”.

The Verizon order was made under the provisions of the Foreign Intelligence Surveillance Act (Fisa) as amended by the Patriot Act of 2001, passed in the wake of the 9/11 attacks. But one of the authors of the Patriot Act, Republican congressman Jim Sensenbrenner, said he was troubled by the Guardian revelations. He said that he had written to the attorney general, Eric Holder, questioning whether “US constitutional rights were secure”.

He said: “I do not believe the broadly drafted Fisa order is consistent with the requirements of the Patriot Act. Seizing phone records of millions of innocent people is excessive and un-American.”

The White House sought to defend what it called “a critical tool in protecting the nation from terrorist threats”. White House spokesman Josh Earnest said Fisa orders were used to “support important and highly sensitive intelligence collection operations” on which members of Congress were fully briefed.

“The intelligence community is conducting court-authorized intelligence activities pursuant to a public statute with the knowledge and oversight of Congress and the intelligence community in both houses of Congress,” Earnest said.

He pointed out that the order only relates to the so-called metadata surrounding phone calls rather than the content of the calls themselves. “The order reprinted overnight does not allow the government to listen in on anyone’s telephone calls,” Earnest said.

“The information acquired does not include the content of any communications or the name of any subscriber. It relates exclusively to call details, such as a telephone number or the length of a telephone call.”

But such metadata can provide authorities with vast knowledge about a caller’s identity. Particularly when cross-checked against other public records, the metadata can reveal someone’s name, address, driver’s licence, credit history, social security number and more. Government analysts would be able to work out whether the relationship between two people was ongoing, occasional or a one-off.

The disclosure has reignited longstanding debates in the US over the proper extent of the government’s domestic spying powers.

Ron Wyden of Oregon, a member of the Senate intelligence committee who, along with Udell, has expressed concern about the extent of US government surveillance, warned of “sweeping, dragnet surveillance”. He said: “I am barred by Senate rules from commenting on some of the details at this time, However, I believe that when law-abiding Americans call their friends, who they call, when they call, and where they call from is private information.

“Collecting this data about every single phone call that every American makes every day would be a massive invasion of Americans’ privacy.”

‘Beyond Orwellian’

Jameel Jaffer, deputy legal director at the American Civil Liberties Union, said: “From a civil liberties perspective, the program could hardly be any more alarming. It’s a program in which some untold number of innocent people have been put under the constant surveillance of government agents.

“It is beyond Orwellian, and it provides further evidence of the extent to which basic democratic rights are being surrendered in secret to the demands of unaccountable intelligence agencies.”

Under the Bush administration, officials in security agencies had disclosed to reporters the large-scale collection of call records data by the NSA, but this is the first time significant and top-secret documents have revealed the continuation of the practice under President Obama.

The order names Verizon Business Services, a division of Verizon Communications. In its first-quarter earnings report, published in April, Verizon Communications listed about 10 million commercial lines out of a total of 121 million customers. The court order, which lasts for three months from 25 April, does not specify what type of lines are being tracked. It is not clear whether any additional orders exist to cover Verizon’s wireless and residential customers, or those of other phone carriers.

Fisa court orders typically direct the production of records pertaining to a specific, named target suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets. The unlimited nature of the records being handed over to the NSA is extremely unusual.

Senators Dianne Feinstein, chairman of the Senate intelligence committee, and Saxby Chambliss, the vice chairman, speak to reporters about the NSA cull of phone records.

Senators Dianne Feinstein, chairman of the Senate intelligence committee, and Saxby Chambliss, the vice chairman, speak to reporters about the NSA cull of phone records. Photograph: Alex Wong/Getty Images

Feinstein said she believed the order had been in place for some time. She said: “As far as I know this is the exact three-month renewal of what has been the case for the past seven years. This renewal is carried out by the [foreign intelligence surveillance] court under the business records section of the Patriot Act. Therefore it is lawful. It has been briefed to Congress.”

The Center for Constitutional Rights said in a statement that the secret court order was unprecedented. “As far as we know this order from the Fisa court is the broadest surveillance order to ever have been issued: it requires no level of suspicion and applies to all Verizon [business services] subscribers anywhere in the US.

“The Patriot Act’s incredibly broad surveillance provision purportedly authorizes an order of this sort, though its constitutionality is in question and several senators have complained about it.”

Russell Tice, a retired National Security Agency intelligence analyst and whistleblower, said: “What is going on is much larger and more systemic than anything anyone has ever suspected or imagined.”

Although an anonymous senior Obama administration official said that “on its face” the court order revealed by the Guardian did not authorise the government to listen in on people’s phone calls, Tice now believes the NSA has constructed such a capability.

“I figured it would probably be about 2015” before the NSA had “the computer capacity … to collect all digital communications word for word,” Tice said. “But I think I’m wrong. I think they have it right now.”

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Anger swells after NSA phone records collection revelations

 

outrage

 

Senior politicians reveal that US counter-terrorism efforts have swept up personal data from American citizens for years


NSA taps in to internet giants’ systems to mine user data, secret files reveal

 

The scale of America’s surveillance state was laid bare on Thursday as senior politicians revealed that the US counter-terrorism effort had swept up swaths of personal data from the phone calls of millions of citizens for years.

After the revelation by the Guardian of a sweeping secret court order that authorised the FBI to seize all call records from a subsidiary of Verizon, the Obama administration sought to defuse mounting anger over what critics described as the broadest surveillance ruling ever issued.

A White House spokesman said that laws governing such orders "are something that have been in place for a number of years now" and were vital for protecting national security. Dianne Feinstein, the Democratic chairwoman of the Senate intelligence committee, said the Verizon court order had been in place for seven years. "People want the homeland kept safe," Feinstein said.

But as the implications of the blanket approval for obtaining phone data reverberated around Washington and beyond, anger grew among other politicians.

Intelligence committee member Mark Udall, who has previously warned in broad terms about the scale of government snooping, said: "This sort of widescale surveillance should concern all of us and is the kind of government overreach I’ve said Americans would find shocking." Former vice-president Al Gore described the "secret blanket surveillance" as "obscenely outrageous".

The Verizon order was made under the provisions of the Foreign Intelligence Surveillance Act (Fisa) as amended by the Patriot Act of 2001, passed in the wake of the 9/11 attacks. But one of the authors of the Patriot Act, Republican congressman Jim Sensenbrenner, said he was troubled by the Guardian revelations. He said that he had written to the attorney general, Eric Holder, questioning whether "US constitutional rights were secure".

He said: "I do not believe the broadly drafted Fisa order is consistent with the requirements of the Patriot Act. Seizing phone records of millions of innocent people is excessive and un-American."

The White House sought to defend what it called "a critical tool in protecting the nation from terrorist threats". White House spokesman Josh Earnest said Fisa orders were used to "support important and highly sensitive intelligence collection operations" on which members of Congress were fully briefed.

"The intelligence community is conducting court-authorized intelligence activities pursuant to a public statute with the knowledge and oversight of Congress and the intelligence community in both houses of Congress," Earnest said.

He pointed out that the order only relates to the so-called metadata surrounding phone calls rather than the content of the calls themselves. "The order reprinted overnight does not allow the government to listen in on anyone’s telephone calls," Earnest said.

"The information acquired does not include the content of any communications or the name of any subscriber. It relates exclusively to call details, such as a telephone number or the length of a telephone call."

But such metadata can provide authorities with vast knowledge about a caller’s identity. Particularly when cross-checked against other public records, the metadata can reveal someone’s name, address, driver’s licence, credit history, social security number and more. Government analysts would be able to work out whether the relationship between two people was ongoing, occasional or a one-off.

The disclosure has reignited longstanding debates in the US over the proper extent of the government’s domestic spying powers.

Ron Wyden of Oregon, a member of the Senate intelligence committee who, along with Udell, has expressed concern about the extent of US government surveillance, warned of "sweeping, dragnet surveillance". He said: "I am barred by Senate rules from commenting on some of the details at this time, However, I believe that when law-abiding Americans call their friends, who they call, when they call, and where they call from is private information.

"Collecting this data about every single phone call that every American makes every day would be a massive invasion of Americans’ privacy."

‘Beyond Orwellian’

Jameel Jaffer, deputy legal director at the American Civil Liberties Union, said: "From a civil liberties perspective, the program could hardly be any more alarming. It’s a program in which some untold number of innocent people have been put under the constant surveillance of government agents.

"It is beyond Orwellian, and it provides further evidence of the extent to which basic democratic rights are being surrendered in secret to the demands of unaccountable intelligence agencies."

Under the Bush administration, officials in security agencies had disclosed to reporters the large-scale collection of call records data by the NSA, but this is the first time significant and top-secret documents have revealed the continuation of the practice under President Obama.

The order names Verizon Business Services, a division of Verizon Communications. In its first-quarter earnings report, published in April, Verizon Communications listed about 10 million commercial lines out of a total of 121 million customers. The court order, which lasts for three months from 25 April, does not specify what type of lines are being tracked. It is not clear whether any additional orders exist to cover Verizon’s wireless and residential customers, or those of other phone carriers.

Fisa court orders typically direct the production of records pertaining to a specific, named target suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets. The unlimited nature of the records being handed over to the NSA is extremely unusual.

Senators Dianne Feinstein, chairman of the Senate intelligence committee, and Saxby Chambliss, the vice chairman, speak to reporters about the NSA cull of phone records.

Senators Dianne Feinstein, chairman of the Senate intelligence committee, and Saxby Chambliss, the vice chairman, speak to reporters about the NSA cull of phone records. Photograph: Alex Wong/Getty Images

Feinstein said she believed the order had been in place for some time. She said: "As far as I know this is the exact three-month renewal of what has been the case for the past seven years. This renewal is carried out by the [foreign intelligence surveillance] court under the business records section of the Patriot Act. Therefore it is lawful. It has been briefed to Congress."

The Center for Constitutional Rights said in a statement that the secret court order was unprecedented. "As far as we know this order from the Fisa court is the broadest surveillance order to ever have been issued: it requires no level of suspicion and applies to all Verizon [business services] subscribers anywhere in the US.

"The Patriot Act’s incredibly broad surveillance provision purportedly authorizes an order of this sort, though its constitutionality is in question and several senators have complained about it."

Russell Tice, a retired National Security Agency intelligence analyst and whistleblower, said: "What is going on is much larger and more systemic than anything anyone has ever suspected or imagined."

Although an anonymous senior Obama administration official said that "on its face" the court order revealed by the Guardian did not authorise the government to listen in on people’s phone calls, Tice now believes the NSA has constructed such a capability.

"I figured it would probably be about 2015" before the NSA had "the computer capacity … to collect all digital communications word for word," Tice said. "But I think I’m wrong. I think they have it right now."

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When It Comes To Marijuana Prohibition, The April Fool’s Day Joke Is On Us

 

images2

 

OREGON–(ENEWSPF)–April 1, 2012.  Ending marijuana prohibition is a serious issue. However, politicians are rarely willing to take the issue seriously. Some of the stuff that comes out of their mouths would suggest that they are joking, but they are completely serious. I read a media report that exemplifies the stupidity that permeates the halls of Washington D.C. not too long ago. Senate Minority Leader Mitch McConnell (R-Ky) told a constituent via letter that he doesn’t support the idea of marijuana legalization because marijuana can lead to death.

Almost every argument that marijuana opponents make should have a disclaimer at the end that states, ‘April Fool’s!’ because hardly any of their arguments are based in fact. The phrase that marijuana opponents are throwing around right now most often is that ‘if marijuana prohibition ends, there will be a ‘stoned driver epidemic.’ I would point to a study in AMERICA by the National Household Survey on Drug Use and Health and the National Highway Traffic Safety Administration who said the following, “Comparing traffic deaths over time in states with and without medical marijuana law changes, the researchers found that fatal car wrecks dropped by 9% in states that legalized medical use — which was largely attributable to a decline in drunk driving. The researchers controlled for other factors like changes in driving laws and the number of miles driven that could affect the results.” The link I provided in this paragraph clearly shows that worries about drugged driving are exaggerated.

I don’t have a team of researchers and untold resources to find facts like politicians and the government. So why is it so easy for me to find these obvious facts, yet the government and politicians act like they don’t exist? Is it an April Fool’s Day joke? Or is it blatant lying, because they say this stupid stuff 365 days a year? The fact of the matter is that when it comes to marijuana prohibition, the joke is on America. The joke is on all of the people that can’t get college aid because they were caught one time with marijuana in the wrong state. The joke is on all of the unemployed people that would love to work a legitimate job in the cannabusiness industry, but they are forced to live in poverty or pursue a non-honest living. The joke is on suffering patients that would love to give up their organ-killing pills for a harmless plant, but they are forced to be slaves to big pharm.

It’s beyond time that the citizens of America stand up, marijuana consumers and non-marijuana consumers, and demand that the government and politicians take this issue seriously, instead of trying to act like it’s some 365 day long April Fool’s joke. Generating tax revenue from a more than willing cannabis industry is a serious issue. Directing police resources towards REAL crime is a serious issue. Helping suffering people is a serious issue. Trying to figure out a way to harness the power of hemp for energy and textile purposes is a serious issue. The solution to so many problems is staring politicians and government officials in the face. Hopefully they quit trying to act the fool, and start taking their jobs seriously.

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Source: www.theweedblog.com