by Ed Berry
Your Immediate Action is Needed Below
Help pass SB 114. Here’s why it is important to you:
The U.S. Constitution is the supreme law of the land and the Bill of Rights was the condition upon which several states supported the Constitution.
The last of these, the Tenth Amendment, include the basic foundational principles to protect the power, sovereignty, and the autonomy of the States.
The Tenth Amendment underscores the entire purpose of the Constitution is to limit government and it forbids the federal government from becoming more powerful than its “creator,” the States which formed the federal government.
Article 1, Sec. 8, of the Constitution defines the power of the federal government and the Tenth Amendment says anything not mentioned in Article 1, Sec. 8, is “reserved to the States respectively, or to the people.”
The federal government is not allowed create, expand or assume power beyond its enumerated and very limited powers.
The U.S. Supreme Court clarified the power of the Tenth Amendment on June 27, 1997, in Mack/Printz v U.S. case, clearly saying the
“States are not subject to federal direction.”
In the final order pursuant to the Mack/Printz ruling Justice Scalia warned,
“The federal government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. Such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
Thus, marching on Washington and pleas and protests to our DC politicians are misdirected. Such actions are “pie in the sky” dreaming that somehow expects the tyrants who created the tyranny, will miraculously put a stop to it.
If we are to take back America and keep this process peaceful, then state and local officials will have to step up to the plate.
Doing so is what States’ Rights and State Sovereignty are all about.
Montana Senate Bill 114 would declare the state’s local county sheriffs are the pre-eminent law enforcement authority in their jurisdictions, and federal agents such as those working for the Internal Revenue Service, Federal Bureau of Investigation, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and others, would be required to get permission from them before they could take any action.
Sanders County Sheriff Tom Rummel said,
“This bill ensures that the citizens of Sanders County will never have to endure or live with a debacle such as Ruby Ridge or Waco, Texas.”
According to the Supreme Court Ruling in the Mack/Printz case, SB 114 does not change any law, does not change the implications of the Civil War, and does not contradict the US Constitution. SB 114 clarifies the Constitution as already ruled upon by the US Supreme Court.
So why is SB 114 needed?
The comments against SB 114 and the remarks by some on the Senate Judiciary Committee answer that question.
Examples:
1. Sen. Jim Shockley, a lawyer, said he thought the Civil War settled the issue of federal supremacy. “Federal laws are superior, whether you like it or not.”
2. County prosecutors claimed the Bill would jeopardize cooperative agreements between local and federal agents and would hamper law-enforcement efforts.
3. Gallatin County Attorney Marty Lambert, speaking for the Montana County Attorneys Association, called SB 114 an unconstitutional infringement on his job and bristled at the notion of being told which cases to prosecute.
4. Helena Mayor Jim Smith, representing the Montana Sheriffs and Peace Officers Association, said “The sheriffs of Montana really do not want to be pawns in anyone else’s political games.”
The support for SB 114 clearly uses the US Constitution as its basis. The objections to SB 114 clearly fail to address the fundamental Constitutional issue and logically do not rebut the support for SB 114.
None of the objections deal with the US Constitution or the Supreme Court’s clear interpretation in the Mack/Printz case. All the objections to SB 114 are because SB 114 would be inconvenient to their jobs or inconsistent with their incorrect understanding of US History!
Did you notice the objectors are all government employees who have the duty to serve the people who are paying their salaries?
Now, how will our state legislators vote? For the convenience of government employees or for our Constitution as clarified by our Supreme Court?
Any legislator who puts convenience of government employees above our Constitution must never be elected to a Montana office again!
Now we know why we must pass SB 114: to forever put a stop to these naive irresponsible, incorrect notions about the true meaning of the US Constitution, especially its Tenth Amendment.
The committee did not immediately act on the bill but they could vote as early as Monday morning, January 24.
Here’s what we need you to do Now
Instructions from Gary Marbut
YOUR IMMEDIATE ACTION IS NEEDED:
Swing votes but can be persuaded (most important): Senators Cliff Larsen (D-Missoula) and Jim Shockley (R-Victor)
You can leave messages at the Legislative Message Center (weekdays), at 406-444-4800. The message can be as short as “Please support SB 114.”
You can use the Legislature’s Online message form:
http://www.leg.mt.gov/css/sessions/62nd/legwebmessage.asp
Email. Be advised that email is iffy for legislators. Some legislators attend to email well.
Here are the email addresses for the Senators who need messages (in order of priority):
Senator Cliff Larsen <cliff@larsenusa.com>
Senator Jim Shockley <gooseno4@yahoo.com>
Senator Jim Peterson <jimpetersonranch@gmail.com>
Senator Chas Vincent <cvvincent@hotmail.com >
Senator Rowlie Hutton <hutton4senate@yahoo.com>
Send a copy of all your emails to bill sponsor Senator Hinkle:
Senator Greg Hinkle <ghinklesd7@gmail.com >
The Subject line of these emails should be “Please support SB 114” so they will get the message even if they don’t have time to read the email.
BE POLITE and concise: these Senators won’t have time to read more than about 50 words.
Okay, it’s now up to you. Get messages to these critical senators. Let’s get SB 114 cranked out of Judiciary Committee!!
Thanks loads,
Gary Marbut, president
Montana Shooting Sports Association
Replies
If this passes then it should be a model for all the states to copy Then a lot of this stuff can be gotten rid of.
Sandra
I understand that large parts of WA state are owned by either china or the Japan, and it's all over the wood that they don't have and we do.
You said it!
https://www.youtube.com/watch?v=QpvmInRUpkI&feature=player_embedded
Mr. Obama's eligibility house of cards is falling in, and all of Congress's work the last two years now crushed, without a legitimate President's signiture! The Country worries about what to do next. Our Constitution gives us the answers & outline as Cody Robert Judy explains in The Lion's Den show; the Drafters anticipated this happening.
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