Another run around the Constitution, another power grab

Posted on July 30th, 2009 by bile
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http://www.nytimes.com/…

States that do not ban texting by drivers could forfeit hundreds of millions of dollars in federal highway funds under legislation introduced Wednesday in the Senate.

Under the measure, states would have two years to outlaw the sending of text and e-mail messages by drivers or lose 25 percent of their highway money each year until the money was depleted.

“Studies show this is far more dangerous than talking on a phone while driving or driving while drunk, which is astounding,” said Senator Charles E. Schumer, Democrat of New York, one of four Democratic senators to introduce the proposal.

Regulation of the roadways generally happens at the state level. But the federal government has exerted pressure on the states based on the threat of withholding federal highway funds, as Congress did in 1984 to pressure states to raise the minimum drinking age to 21 years.

Mr. Schumer said that the legislation was essentially based on the drinking age law.

Another South Dakota v. Dole case. Withholding stolen funds from the people of the state in exchange for a particular behavior (or law) is just a continuation of the “compulsion” from the original theft. It is in no way merely a “pressure” on the State to comply. It’s extortion.

Some good news from this election

Posted on November 5th, 2008 by bile
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  • Ralph Nader, the Libertarian Party, the Constitution Party, and the Green Party will all substantially increase their raw vote totals over 2004.
  • Ron Paul received 2.2% in Montanna and 0.5% in Louisiana. Third place in both.
  • Ron Paul kept his districts House seat.
  • Few of the Ron Paul candidates won. Lamborn of Colorado 5th District and McClintock of California 4th District. It’s been questioned however whether Lamborn is an actual RP backed candidate.
  • Maine rejects sales taxes and medical claim fees to fund state health program.
  • South Dakota voted not to ban abortion.
  • Massachusetts decrims marijuana.
  • Michigan voted to allow medical marijuana.
  • Washington voted to allow for allowing some terminally ill adults to obtain lethal prescriptions.
  • Arizona shot down requiring revocation of business licenses of any employer who knowingly hires illegal aliens.
  • Colorado fails to define human life as beginning at fertilization.
  • Nebraska bans discrimination and preferential treatment by the State.

Let me include the bad:

  • Few of the Ron Paul candidates won. Lamborn of Colorado 5th District and McClintock of California 4th District. It’s been questioned however whether Lamborn is an actual RP backed candidate.
  • Colorado fails to ban discrimination and preferential treatment by the state.
  • Colorado fails to prohibit mandatory union membership and mandatory union dues.
  • Arizona bans same sex marriage.
  • Arizona shot down requiring that a majority of all registered voters approve any initiative with spending or tax increases.
  • Arkansas bans unmarried cohabitating couples from adopting or being foster parents.
  • California establishes the nation’s first comprehensive farm animal rights law.
  • California shot down expanding treatment programs for nonviolent drug offenders. (better then prison IMO)
  • California banned same sex marriage.
  • Florida bans same sex marriage.
  • Massachusetts overwhelmingly rejects getting rid of state income tax.
  • Massachusetts bans dog racing.
  • Montana provides government funded health insurance coverage for as many as 30,000 uninsured children.
  • North Dakota votes against reducing or eliminating income tax.
  • Oregon votes against requiring that teacher pay and job security be linked directly to classroom performance.

Oklahoma declares sovereignty

Posted on June 19th, 2008 by bile
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I don’t know how this slipped through the libertarian blogosphere but this is pretty hardcore. Looks like it was on 3/13/2008 and the blog is from 6/15/2008.

http://politicalinquirer.com/…

STATE OF OKLAHOMA
2nd Session of the 51st Legislature (2008)
HOUSE JOINT
RESOLUTION 1089 By: Key
AS INTRODUCED
A Joint Resolution claiming sovereignty under the
Tenth Amendment to the Constitution of the United
States over certain powers; serving notice to the
federal government to cease and desist certain
mandates; and directing distribution.
WHEREAS, the Tenth Amendment to the Constitution of the United
States reads as follows:

“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.”; and
WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, today, in 2008, the states are demonstrably treated as agents of the federal government; and
WHEREAS, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and
WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 51ST OKLAHOMA LEGISLATURE:

THAT the State of Oklahoma hereby claims sovereignty under the
Tenth Amendment to the Constitution of the United States over all
powers not otherwise enumerated and granted to the federal
government by the Constitution of the United States.
THAT this serve as Notice and Demand to the federal government,
as our agent, to cease and desist, effective immediately, mandates
that are beyond the scope of these constitutionally delegated
powers.

THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state’s
legislature of the United States of America, and each member of the
Oklahoma Congressional Delegation.


http://www.okhouse.gov/51LEG/Leg_Votesxx.aspx?include=okh01983.txt

http://www.ok-safe.com/files/documents/1/HJR1089_int.pdf

And as other sovereignty issues arise like with Real ID hopefully the states can exert enough pressure to cripple the federal government. At least slow its march toward total national control.

Republican Montana and South Dakota primary results

Posted on June 4th, 2008 by bile
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Montana:

  • McCain: 76%
  • Paul: 22%
  • No Preference: 2%

South Dakota:

  • McCain: 70%
  • Paul: 17%
  • Huckabee: 7%
  • Romney: 3%
  • Uncommitted: 3%

South Dakota tests program that’ll pay kids to learn

Posted on March 21st, 2008 by bile
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http://minnesota.publicradio.org/…

Advanced Placement classes are rigorous college level courses taught in high school. The South Dakota program, called Learning Power, pays for the classes and the students who pass the final test get paid a $100 bonus. The online teachers also get $100 for each student that passes.

Jim Parry oversees the program. He said the goal is to get more kids interested in math, science and English.

Bosco? Your thoughts? $100 doesn’t seem like much of an incentive to me. Less than 20 hours of work at minimum wage.