16 December 2015
Missouri Bill Would Set The Stage To Nullify Presidential Executive Orders:
"Jefferson City, Missouri - A bill prefiled in the Missouri legislature would set the stage to nullify Presidential Executive Orders. Rep. Tim Remole (R-06) prefiled House Bill 1791 (HB 1791) on December 11. The bill will require the state general assembly to "adopt and enact" any and all measures as may be necessary to prevent the enforcement of regulations rules, and memorandums issued by a Presidential Executive Order.
HB1791 calls executive orders not justified by federal law or the limited constitutional authority of the president of the United States "repugnant to the Constitution of the United States and the Constitution of Missouri." Language in the bill goes on to declare such executive orders "null, void and of no effect" in Missouri.
HB1791 creates a mechanism for state noncooperation with enforcement of such orders, declaring "no agency or political subdivision of this state shall take any action or utilize any resources to give effect to such rules, regulations, or memorandums." While declaring executive orders null and void does nothing to actually stop their enforcement, action taken by the general assembly under the proposed law to bar cooperation with enforcement of such orders would nullify them in effect.
HB1791 follows the blueprint "Father of the Constitution," created by resisting federal power. In Federalist 46 James Madison outlined several steps that states can take to effectively stop "an unwarrantable measure," or "even a unwarrantable measure of the federal government". Madison called for "refusal to cooperate with officers of the Union" as a way to successfully thwart federal acts.
Because the federal government depends on state assistance for enforcement of all of its laws, barring state cooperation with implementation and enforcement of executive orders would likely make them nearly impossible to enact in Missouri from a practical standpoint. ...
HB1791 rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The anti-commandeering doctrine rests primarily on four Supreme Court cases dating back to 1842. ..."
States Don't Have To Comply: The Anti-Commandeering Doctrine:
The Blueprint: James Madison's Advice:
Federalist No. 46 - The Influence of the State And Federal Governments Compared:
The Federalist Papers:
Morning Star > I fully support the legal efforts Missouri attempts to establish a block of implementation of POTUS executive orders.
There are some problems though.
The National Defense And, Authorization Act; The TransPacific Trade Treaty Act [yet to be soon passed[; The National Resources Reclamation Act; The Clean Water Act; and, Morning Star - a plethora of Federal Acts, any of the multi-Bureau statutes [which by SCOTUS, carry the weight of Federal Law]; primacy of authority over state laws of FEMA, of Homeland Security Services, of National Defense Security, of Immigration & Naturalization Services [ICE], of Federal Administration chain of command control over National Guard Command.
Now, Morning Star - what does this mean as regards the state protective laws which Missouri is attempting to implement. Now, Morning Star - I am not a lawyer; I have no expertise as regards Federal Law, nor its authorities. Here's my take on this posted discussion concerning Missouri.
Over one third of Missouri is under direct Federal control. There are over 18 Federal reserved areas of National Monuments, National Parks, National Trails. The Department of Defense has at least three DOD control areas. The Bureau of Land Management has wide & separated areas of control & jurisdiction. Several other Federal Bureaus & Dept.s have their own expansive areas of control.
Within these Federal controlled areas - there is NO ! applicable nor relevant Constitutional law. Any ! of the Federal Bureaus can and will do whatever ! they darn well choose to do! For example, BLM - topic is here in this Forum - they are burning up Federal lands surrounding three large ranches ! They've destroyed by arson 2 large ranch homes ! NOTHING ! is stopping the Bureau - Constitutional law does NOT ! apply. In Washington, BLM, Bureau Of Mines, Dept. of Interior, & few other 'org.s' , took over a mine; burned down buildings & storage tanks - NOTHING ! CAN BE DONE ! Texas attempted to stave off refugee placement in the greater Houston area - attempted to fight it through state, district, federal courts - 750 + REFUGEES WERE PLACED BY FED.S !
Again, Morning Star, our original Constitution no longer is in force. We are under the 1874 Constitution FOR ! America - not "...OF America".
I fully support & encourage you to bring up very ! important issues for us Forum members. I wish more members would reply & comment & analyze your topics.
Garie. Paul D. ~
You are absolutely correct about the 'alphabet-fed agencies' and all the laws that support/validate them. America was most assuredly stabbed in the back when the leadership reauthorized the NDAA and the other New Federal Papers into law.
America has basically dug it's own grave for its freedom by letting them get away with it.
Actually, the U.S. Constitution is still in force - it is just that most of the American citizenry and leadership abandoned it a long time ago. Freedom isn't free and requires watchful maintenance and protection - that's why we 'hired' the Legislature and Executive Branches of our Government. They chose instead to exploit the privilege to serve, steal our money, and betray 'we the people'. And we watched them 'do it to us'.
The people have indeed become sheeple and do not know (or desire) how to survive otherwise. It's has become too painful to admit, or too painful to face the consequences of our negligence and its too comfortable being taken care of. Soon we all will learn the intrinsic price for the surrender of freedom - as we once knew it. There will only be a few who have chosen to be keepers of the truth - in hopes that our country will one day, if ever, be ready to embrace and protect American freedom once again.
It is a good sign that the State of Missouri is trying to curb the tides of the long term and unconstitutional injustices against their citizenry. It will be a long hard fight that will require the support of their citizenry to succeed.
I don't have confidence that my contributions presented to this Forum matter to most members. There are at least 2 trolls (that I know of) who post my contributions of this Forum to their blogs (I signed on just to follow them sometimes).
I've been wanting to work on a 'Prepper's website' for a few months now, however I've been bogged down and sidetracked with paralegal research for several people/projects and haven't been able to apply 'due diligence' for one, yet. It may be a relief, if even noticeable, for this forum that I not post any new/additional content.
I had been setting up new hardware and internet applications that include HAM/CB Radio, Morse Code and private Satellite connections - but had encountered several problems along the way. My goal is to have everything worked out at the beginning of 2016 - which may better serve a 'Prepper's' website and community project.
Your encouragement and support is sincerely appreciated and I hope helpful, and I thank you.