by Bryce Shonka
A line was drawn in the sand last week – a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution.
(Editor’s note: A similar response was sent to Montana Firearms licenses on 07-16-09 as well)
Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power, the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7. The House companion bill, HB1796 previously passed the House by a vote of 87-1.
Governor Breseden allowed the bill to become law without signing.
The law states that “federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.â€
At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say-
“Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state – enough is enough. Our founders fought too hard to ensure states’ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don’t belong.â€
The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature. ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.
Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government:
“The letter says, in part, ‘because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.’ That is precisely what I predicted the Federal Government’s response to the Tennessee act would be. As I told Judge Andrew Napolitano on Fox News’s Glenn Beck Program on June 5, 2009, federal officials don’t care about a good historical argument concerning the meaning of the Constitution.”
“Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.”
“This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn’t suit them.â€
The Federal Government has regularly claimed that the commerce clause of the constitution, which gives DC authority to regulate commerce between the states, gives them authority to regulate or add prohibitions on items that never cross state lines.
One notable use of the commerce clause in this manner can be found in the 2005 decision by the Supreme Court in ‘Gonzales vs. Raich’, where the court contended that consuming one’s locally grown marijuana for medical purposes affects the interstate market of marijuana, and hence that the federal government may regulate—and prohibit—such consumption. They used this claim, even though at the same time they made it clear that no legal market for marijuana exists.
One key aspect of the ATF’s letter is that it was only sent out to existing Federal Firearms Licensees, those generally already in compliance with federal regulations – and who likely would not have participated in the TN Firearms Freedom act anyway, according to sources close to Tenth Amendment Center.
Ultimately what the letter represents is another move in the chess match being played out between the states and the Federal Government, the resolution of which may not be seen for quite some time.
Below is the full text of the letter sent last week by the ATF:
“U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
OPEN LETTER TO ALL TENNESSEE
FEDERAL FIREARMS LICENSEES
The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (“FFL”). The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is dedicated to your success in meeting your requirements as a Federal firearms licensee. The following guidance is intended to assist you in accomplishing this goal.
The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 (“Act”), effective June 19, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.
As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. The information required must be recorded in the licensee’s records not later than the seventh day following the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunition have crossed state lines.
If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of ATF office phone numbers can be found at http://www.atf.gov/contact/field.htm. Carson W. Carroll, Assistant Director (Enforcement Programs and Services)â€
Federal law always supersedes state law! How do I know? Because the all-powerful federal government says so. So there.
I really do believe that these jokers in the federal government don’t understand real people.
I like what Gutzman had to say, this is their way of telling us that the constitution doesn’t matter to them – ever. I’m not surprised by the scare tactics here, but have a feeling that if there’s enough states passing one of these firearms freedom acts, there won’t be much that the ATF and our great dictator, Carson Carroll, will be able to do about it.
Right, Jeffersonian. What are the feds going to do about it, declare martial law in these states? Bring it on.
It all relys on a simple concept. Will the jurys and judges side with TN law oe will they subject the matter under federal law. Another concept is will TN defend there citizens under TN law. Everything that bill states only matters if the state is willing to back it up. If TN defends the bill with open court and or action to protect the people. It will send shock waves around the country. If TN defends this bill it will only encourage other states to follow suit. I would like to see the state of TN remove the ATF from there state. Or to have a counter offensive against vicims of the ATF under TN law.
What really matters is what TN does about this bill. Will it defend this bill and protect the people. Judges jurys and cops of the state will enforce this bill more than the individual person. Will the people who have bought firearms underthis bill be jailed or worst? That will be the true outcome. Until Tn takes action we are at a stalemate
I wouldn’t call this a stalemate by any means. first of all, it looks as if this is just some posturing by the ATF – probably to try to scare people from exercising their rights. Also, don’t forget that this already passed in Montana and a number of other states are already considering a similar law as well – most recently, Florida.
It’s going to take some courage to stand up on this one. But, no more courage than those people who risked attack and arrest from the DEA over the years since California legalized medical marijuana.
This won’t be easy, but it’s good to see these first steps being taken by people in their states.
Let’s also hope that the ATF realizes that there are lines it had better not cross. The wrong step by the ATF could easily lead to bloodshed.
Best move, ATF realizes that they are out of line and is forced to back down. Worst move, they try an armed raid on someone in Tennessee. I can hear the rallying calls from that potential event already and the results from it would be very near catastrophic. (For the Feds)
You can’t just say that federal law supersedes state law. Given the 10th A., the feds are essentially obligated to cite article, section, clause and amendment in the Constitution which reasonably gives the feds the power to do something. The problem is that many people in the corrupt federal government evidently no longer understand the Founder’s division of federal and state government powers.
I wonder what would happen if All the States got together and enact laws making it a crime for any official of any government state or federal to enact laws beyond the scope of the Constitutional authority of said government.
I know that’s kind of inherit in the Constitutional law. but what would happen if we started arresting all the ATF agents for enforcing unconstitutional laws, and throwing them in jail.
Ideally if State did that, nobody would dare to “Just follow orders” again. They would have to uses their mind, would any state possibly regard this as unconstitutional?
Its better that they stick to the set of authority that is limited and upon which we can agree was ceded by the people then Rome in the limitless territory of the assuming of legitimate government rights.
There is nothing in the U.S. Constitution which I can see as possibly justifying the existence and job of the ATF which to the contract seems to have all of its functions explicitly banned by the U.S. Constitution from ever being federal powers, by namely the 1st and 2nd amendments, to say nothing of the 10th. To that end alone the people who work for the ATF should be regarded as criminal tyrants. Worthy of social and political contempt, given their choose to be the tools of such evil.
The very idea of liberty is depended upon the idea of competition and checks and balances, if the federal government begins to grant it self endless powers over all ends even to extremes as far as delving into areas actually explicitly forbidden to them such as the ATF is almost entirely in, who is to check them? Who is to say no, and uphold the constitution as written rather the ill rational dictates of a self-serving federal employee in black robes.
If it is not the natural competing the states who are to give opposition in the interest of liberty I know not how we can rationally expect liberty to be maintained at all.
To that end in the interest of a meaningful upholding of liberty I would like to delve intellectually into the possibility of having states arrest such federal employees who execute orders in order to undercut the ability of any tyrant future or present to carry out their tyranny. By bring forth automatic and swift option that will at the very least force a public debate and court trial over the constitutionality of such acts. A trial which we know can not be justly decided by the very government which is to gain from such new powers.
I say let us arrest the AFT agents and refuse to permit them a federal trial on the grounds of lack of impartiality with respect to the natural liberty and rights retained by the people and their state now being claimed by the same federal government, which demands to be the judge of the extent of its own authority which we the people ceded to them thou our state in our consenting to membership in this union.
Dear Monorprise: 25 WEEKS AGO YOU WROTE AND I JUST NOW FOUND YOUR BLOG.
You said " I say let us arrest the AFT agents and refuse to permit them a federal trial on the grounds of lack of impartiality with respect to the natural liberty and rights retained by the people and their state now being claimed by the same federal government, which demands to be the judge of the extent of its own authority which we the people ceded to them thou our state in our consenting to membership in this union."
THIS COULD HAPPEN IF WE HAD ONE COURAGEOUS FEDERAL JUDGE. ( Remember that God would have sparred Sodom and Gamorra if Lot found only one 'just man".? )
ALSO BOTH OF THE "DEPARTMENTS " OF : THE ATF, IRS ARE BOTH DIRECTED BY THE SAME "DIRECTOR".
The rest of your article shows thinking beyond most of the other replies that I scanned on this site.
PLEASE TRUST ME WHEN I SAY, THAT I HAVE THE ARTICLE FROM WHICH I SPOKE ABOUT THE ATF AND IRS. IT WILL SHOCK YOU. I WOULD LIKE TO SEND IT TO ANYONE WHO EMAILS ME WITH THE SUBJECT: BATF AND IRS. Hint: the article is from the William Cooper site Hour Of The Time.org, HOTT.org
People, Tennessee is right, 100%. If only you knew, "the rest of the story" behind our governmental ( Congress and Senators ) massive fraud. They are the communists. Here is a Joke that I created:
"Scientists recently discovered that they could trap more rats with a dollar bill than with cheese.
They also discovered that all the rats trapped with a dollar were Congressmen."
Charles Labianco
Age 64, Anaheim, CA
EMAIL ADDRESS OF C. LABIANCO clabianco@gmail.com
SORRY FOR NOT INCLUDING IT IN MY REPLY BLOG.
CHARLES LABIANCO
Darkwolfe, I wish I could share your optimism about what would happen if the ATF tried an armed raid in Tennessee.. but we had a similar situation in Florida under Clinton.. remember the Elian Gonzalez debacle? The Feds just came in with guns drawn in a lightning surprise raid and just TOOK the child at gunpoint… remember, they evn pointed a submachinegun at him.. remember?
http://www.nocaptionneeded.com/wp-content/uploads/2007/09/elian2.gif
Regardless of the merits of arguing whether the child should have stayed or not..there was a standing State court order to not remove the child from Florida’s jurisdiction.. think that even slowed down the Feds?
Pretty interesting. Our newest Supreme Court leftist already decided that states don’t have to pay any attention to the Constitution…at least when it comes to the second amendment. Apparently the number of the amendment makes all the difference, huh?
The Constitution is the supreme law of the land and does indeed supercede all state law. That much we agreed upon during ratification. However, state law must comply with the Constitution and NOT with any unconstitutional laws passed by Congress … and there’s the rub!
Congress is authorized to create laws ONLY to implement its enumerated powers and nothing more. The Tenth settles any dispute over powers not enumerated.
But as we’ve seen countless times over the past few decades, Congress will gladly pass ANY law that micromanages ANY aspect of our lives, constitutional or (too often) not. Minimum wage, seat belts, all education laws, illegal drugs, Social Security, (pull up a chair, this may take a while …), mileage standards, firearms, drilling for oil and gas, incandescent light bulbs, stimulus bills, bank bailouts, health care reform … it’s simply atrocious what we’ve allowed them to do to our freedoms!
So … does federal law supercede state law? Yes. Because federal law complies FULLY with the Constitution (uh … no …) as does the state, so we’re all in agreement. Cool!
Bottom line … Tennessee must defend its citizens and its autonomy and that will result in a challenge to the constitutionality of the ATF. And when, not if, the Supine Court (sorry … make that “Supreme’) again licks the hand of Congress, there should be some lively fireworks in the Volunteer State. Either that or state autonomy dies, along with the Constitution. Pray for Tennessee to do the right thing.
There’s some pretty strong precedents dating back to the laissez faire Supreme Court of the 1890s to the mid-1930s (some deal explicitly with intrastate manufacturing) that are definitely on Tennessee’s side.
We’re pretty much guaranteed if a case ever comes to trial the feds will take it all the way to the Supreme Court, what will happen at that point who knows. I can’t exactly say that I trust the Supreme Court to stick to their precedents.
Well seeing how the supreme court is being stacked with People who’s ideological views are in line with a new world Order, even if this is heard,I doubt it will make a difference. And like Fantomas says, The feds will swoop in and assert their will, Of coarse this would be a difficult task if States shut down certain federal offices that violate States rights…Shutting off the utilities, and send federal Agents packing back to DC.. sounds Draconian, But not anymore draconian then the Feds asserting their will over the American people in spite of States protests.
I find the Gun Battle particularly interesting.. No other issue can galvanize a group of people together, faster then the attempt to restrict the right to bare arms… and no other issue brings the Federal Govenment out in force faster then an opportunity to limit your right to bare arms…
After all the legal maneuvering and debating and discussion, it comes down to US being afraid of them, because they want to take away our right to resist. And them wanting to be able to assert their control without worrying about resistance.. What a scary country we live in..you cant take your eye off the ball for a minute because you can’t trust your government..
DNME,
You are both right and wrong. The union as we know it today is held in place by a contract. That contract is the consitution. When the federal govt breaks that contract by using powers to delegate authority it dosent have. It is the duty of not only TN but all states affected to defend there state and rights. The state is only free as long as it defends its freedom. By the federal govt over stepping its authority in this and many more areas the contract of the consitution was broke by the feds. More importantly 9th and the 10th amendment clearly allow the exit of a state at its own will. Some will argue that the civil war ended this. It is only thro shady deals with money attached and threats to pull funding that little intrusions occured. The atf dea fbi cia and so on only have the authority that the govoner allows them. Or in the current america. The amout of money the govoner can afford to lose by flexing his muscle. In either case legal or illegal the free man state or country is free not because it is legal. It is because the people are willing to fight for it. Weather the actions are just or unjust is irrelevent. History is always written by the victor not the vanqueshed. Ideas such as treason from brittan are known today as patriots. Pirates of old are heros of the sea today. And the examples can go on and on. The only thing that matters is what the people will accept and what they will not. I am sure the oppressive govt will attempt to discredit Tn at every oppertunity. In the same way Rick Perry was when he threatend to leave the union.
My information from the author of the Montana Firearms Freedom Act is: It was designed to be applied to NEW firearms manufacturers. The ones already under federal Jurisdiction will remain under said jurisdiction.
Also the issue is to be vetted in a Montana civil court, not criminal court.
I don’t know if this is the way it is designed to go in Tennessee.
To me, the most salient question in this issue is, will the states stand up to the Feds as the protector of state citizens?
DNME,
I have to disagree with you about governors having the power Over our friendly, Federal acronyms. Congress has recently shown that it is willing to pass laws that give State legislators the power to skirt Governors, South Carolina is a perfect example of that after Sanford tried to refuse stimulus money.
It looks to me like the Feds are closing traditional avenues of resistance, and it also looked like in that particular case, the people of South Carolina were more then willing to roll over in order to save their own hides.
I honestly think a honest voluntary union would have it where state law supersedes Federal law, as the states are most representative of the will of the people being closest to the people and having the smallest minority.
States are also the safest level of government made so by the inherit interstate trade and interstate immigration which is protected by the Federal government.
I would even go so far as to recommend State Constitutions be capable of overwriting the U.S. Constitution, just when such a question comes up it should be up to congress to decided whether or not such a State Constitutional change constitutes that state removing itself from the union.
That is really the crux of the issue, If we are to assume that Sates may of their own will remove themselves from this union, such as natural rights would insist they have the right to do, then why not assume state Constitutions supersede the Federal Constitution, in the same way the Constitution supersedes international treaties.
The system would work like this, State Constitutions must provide the same protections that are required by the federal constitution for them to continue to be members of the union. But States are free to revise their constitutions by the means of their own determining, in which case if the new constitution does not contain the required features then such a revision would be interpreted as an act of secession from the union as the new Constitution, the “new stateâ€, if you will, would no longer qualified for membership in the union.
Granted this is a radical departure from even the court appointed by George Washington himself but, but it seems to be the most ideal system that preserves the most freedoms in the most dynamic way.
I have to agree thou the 2nd amendment does not apply to the States almost as explicitly as the other 10 “bill of rights”. But rather like all the “bill of rights” they were intended as rights of the people and their states and restrictions on the Federal government. The founding fathers had no concern with the State Constitutions, all of which preexisted the federal Constitution. This is why they wrote the amendments to the Federal constitution to explicitly apply only to the federal government such as was the case until about 1920′s of the 20th century. When a court on a case out of the State of New York first tried to apply any part of the “Bill of Rights” to the States, calming the 14th amendment added them somehow. A ruling in utter contraction with an early 1870′s ruling in which the court much closer to the time of the 14th amendment said explicitly otherwise.
God damn it, GO TN; states rights all the way
Fantomas- I’m thinking more along the lines where a raid is enacted on a Tennessee gun manufacturer or dealer rather than in the case of Elian Gonzalez. I will agree that the event there was a travesty and they had no business taking those actions.
There is also a much larger group of people becoming aware of the problems in DC than there was at the time of the Gonzalez raid. I suspect that people would react stronger to that event if it happened today.
Time will tell. My biggest hope is that we can recover our liberty through peaceful means rather than otherwise. But recover it we must, or this country, and all it was founded to stand for, will fall.
Is it any wonder why Puerto Rico and the US Virgin Islands have resisted statehood? If we knew then what we know now, I doubt we would have 50 states.
I don’t see where arguments will work against the socialist mindset in government. Only when enough of the people actually make and follow through on a threat to representatives that has meaning will there be a difference. Such as letters, phone calls and emails stating, “Become active in supporting and defending the Constitution, as it is written and not as you wish, or you will become a footnote in history at the next election.”
Roy,
Letters, Phone calls and Emails fall on deaf ears I can write my representatives till I’m blue in the face and I get the same form generated replies. “Townhall” meetings severely restrict questioning, and representatives are unapproachable. they are not interested in what the public has to say because it’s not the public that funds their campaigns.
713 made a good point, that it really comes down to a simple concept, however, I believe that simple concept will become something different. I believe that either the Feds move in and force all dealers, legislators, etc… to comply, or they talk tough until the legislators repeal it on their own or the law is otherwise disused. Until force is used, the State Gov’t of TN is in complete control over their state, and any changes will have to be made – in some way or another – through them. Force, or fraud, most likely.
When Virginia was first ratified in the original Constitution, it did so with the right to leave the Union should the relationship become disagreeable. The inclusion of Virginia with this exception was acceptable to the Union at the time, and was ratified. However, it became unacceptable to the Union when Virginia seceded from the Union, and became a part of the Confederate States of America. Ultimately, Virginia was forced back into the Union at the point of a bayonet, regardless of the terms to which the Union originally agreed.
This is the clear example of what every state can expect, unless ALL secede at the same time, declaring all acts of the Federal Government as null and void on the states. Since World War I, Congress has continued to heap massive debt on the heads of the individual citizens of these United States. Who would pay the bill if China et al suddenly came looking for repayment? The US is very nearly bankrupt, and certainly no longer posesses the gold in it’s Federal coffers to repay the debt, and I’m sure China would have no interest in the Faux Currency printed by the Federal Reserve Board. They would start looking to gather assets from my state and yours until they were repaid.
The Federal Government thinks that in some manner, it has grown teeth, but these “faux teeth” need to be pulled, even to removing the gums.
One part of the big issue. Re-Title this “Obama vs the Constitution” altho, to be certain, this sort of movement to render the Federal Government as supreme over any rights of the people has been going on from the beginning. Obama is merely the designated hitter holding the biggest bat ever seen.
Expect that this, or some other similar acts of resistance, will trigger martial law. Don’t believe for one moment that Obama will refrain from that order.
That is why the right to bear arms is crucial today. Assert that right whether or not the Ruler claims it doesn’t exist. The Bolsheviks are here
You’re all right about the Constitution and the Tenth Amendment–and about the fact that virtually no one in D.C. cares an iota. The Demostatists also have no right to nationalize health care, yet they’re going to do it with the aid and abetment of the mainstream media. With 52 percent of the population voting to belly up to the federal trough, what’s a sane person to do but endure and hope for reversal of political fortune?
How will this tug of war eventually play out?
One ‘ace-in-the-hole’ may be a legislative idea that would make it a state crime for any Federal agency to make an arrest without previously obtaining permission from local law enforcement. You can take a look at Montana’s version of the bill here:
http://www.mtssa.org/sheriffsres.htm
There are many ways to ‘skin a cat’!
I love the fact that states have started to make laws such as Firearms Freedom Act. Unfortunately anyone that has a Federal Firearms License is still bound by the regulations associated with having such a license regardless of what state laws say. This is how government gets and keeps it power. They get you to contract away from your rights and substitute their new rights for which they have total control. States do this as well but they aren’t nearly as bad as the federal government.
If I lived in a Firearms Freedom Act state I would check to see if there was a state ONLY issued firearms dealer license. What the regulations for such a license are, and if possible rescind Federal Firearms License. This would limit the amount business you can do since you would only be able to sell firearms manufactured in the state that are going to stay in the state. You would be in a much better position to fight the BATFE on this issue.
Perhaps have a store with one clerk that only has a Federal Firearms License and a separate clerk that only has a state Firearms Dealer License.
DNME….I liked what you had to say, but if you would learn to spell, it would be tons easier to understand what you’re saying.
Unfortunately this is no surprise for me, simply yet another exhibit of disrespect by the ATF for the protections built into the Constitution.
I don’t live in TN but im one that will stand up for our rights any where any time if thats what it comes too. This so clown thats turning our great country into a bunch of wimps needs to be removed period…
The goverment was set up to work for us not against… Hitler started out the same way smooth talker and the promise to make a difference… He did just that..
People don’t be fooled by this clown he is out to distroy this great nation and all his flunkies and lap lickers are behind him…
If he is looking for a fight he will get one…
If people in this country would just stick together and get there heads out of their a%$# we as the people can move mountains…
Think about if every one just stop paying taxes for an example.. or stop paying car insurance… What the hell can they do???
Stick together thats all we all do…
Think how its going to be for your young children and theirs one day if we don’t stick together…
Our children
The Feds are trying to recreate Ruby Ridge and/or Waco. Both are instances where the Gestapo flexed their muscles and rehearsed for an even bigger coup. Guerilla warfare is on the horizen. It is all part of a grand scheme by the Pelosis and Schumers of the country to exercise their usurped powers. The Constitution means nothing to the powers that be. It has been proven over and again. We need term limits nationwide to limit their abuse. We are becomming no better than an African republic ala Kenya. And for this I fought and shed blood?
It is all so sad and sickening…
As a soldier I have been sworn to uphold and protect the constitution…yet my own government does not seem to care a bit about it.
Strange,
I bought an AR15 today and the FBI put a delay on my purchase through the NICS.. I have already gotten (and passed) an FBI background check while making other gun purchases, I also have a concealed weapons permit… Admittedly I’m getting a little paranoid.
It’s sad, but the time is almost at hand where the people are going to have to use the business end of their personal firearms to force those bureaucrats in DC to adhere to the Constitution.
“The tree of liberty must be refreshed from time to time with the Blood of Patriots and tyrants” Thomas Jefferson, 3rd President.
Whats the saddest thing of all, those in DC are asking for it more and more every day…..It’s never good for people to die, but when those who are in the right are oppressed by those in the wrong, those tyrants who are in wrong leave those in the right no other viable choice other than to clean house….
In the Raich case, Scalia failed us. He voted to uphold the New Deal case that extended the Commerce Clause to allow federal regulation of corn grown on a farm to be consumed JUST on that farm.
Why he did such an out-of-character thing is because it was about marijuana.
Let’s hope next time he is more true to the Constitution.
It’s about time we return to law and order in this country. Way to go Tennessee! All states, or at least the ones who want freedom instead of tyranny from rogue federal agencies, need to follow suit. We the people united and strong shall restore liberty to this land.
The Federal government should let Tennessee have their little law. Then cut-off ALL Federal funding to the state. I bet those hillbillies would set a new record in repealing their little gun law then.
Skippy – are you really saying that you don’t think that TN should be able to choose their own direction on this?
Does that mean you also oppose gay marriage in Massachusetts? Do you also oppose medical marijuana in California?
Skippy,
That might backfire and cause a mass migration to tennessee, and make tennessee a haven for freedom loving Americans. I would bet the population would welcome tax increases to offset lost federal dollars, federal control, federal intervention…
I wish the feds would pull the rug out from under them
Skippy skippy skippy,
What can i say no federal funding…. That means the dea atf cia fbi all the govt agencys employees that will now be out of a job. Not only will need new employment. What better employment than a new found state for thse people willing to stay. But all those weapons buildings files intelegence will just be abandoned??? Probably not i am sure TN will aquior these items and use them for a benificial purpose. That would be great news for TN. The ability to start fresh with no federal interference. No federal funding means no longer will tax dollars collected be given to the fed and then retured with strings. No there dollars will be theres. Not having to pay into Social Security welfare medicaid ect would allow them more money for there national guard there new army. I think removing all funding would be a great idea. After TN survives it will allow other states a visible choice. Maybe then the states will use there rights and not just give them away
Any law that is unconstitutional doesn’t have to be enforced or obeyed, as it NEVER WAS A LAW IN THE FIRST PLACE!!! Lock and load!
Easy Ronald.. Secure your weapon..lol
Domestic Diplomacy can solve this problem.
The definition of diplomacy is the ability to tell the other side to go to Hell in such a way, that they actually look forward to the trip. And thats exactly what we intend to do.
What i do find quite odd is. I can not find this article in the TN newspapers i have viewed on the web. Something that will affect the entire state of TN and i have looked at nashville and chattonoga papers and didnt find any information. I emailed the editors 2 days ago and no response yet
It would help if County Sheriff’s would stand up and tell the ATF and other Feds to leave his jurisdiction, since he is the highest law enforcement officer in the county and that they only have jurisdiction on federal property and reservations with out his permission. As with most of the elected Gentry they only see that free federal money in their pockets.
713,
At Tenth Amendment Center, we too have been baffled by lack of reporting on 10th amendment issues, not just in TN but nationally. In an attempt to fill the journalistic void, original reports like this article have become a focus of our efforts. I wrote this story because it was something you needed to know and the republic no longer has time to wait for newsrooms and producers to get up to speed on this critical struggle.
Moving forward, you can expect to find more reporting such as this on our website every week as the battle between the states and the feds plays out.
Last week Tenth Amendment Center brought you a report on Governor Palin signing Alaska’s sovereignty bill and since then, many other publications have reprinted our story. I would love to open up the NY Times tomorrow and see a headline about this ATF letter, but until that day comes we’ll be there to fill the void. Keep writing your editors!
Mr Shonka,
I also wonder why The mainstream won’t report on tenth amendment issues, it makes no sense to me. Even seemingly conservative news outlets stay silent on the issue. I wonder sometimes if their logic is, if they squeeze their eye shut hard enough it will all go away and everything will go back to the way it was.
The news media has no problem hyping up a story of three skinheads making jerks of themselves in Texas, or a Black professor who felt victimized when cops were called in DEFENSE of his property… But I hear crickets on issues of freedom.
This tells me that although a handful of people understand the bigger picture.. the media is more interested in fueling spats and petty, meaningless issues that take away from the serious problem of our decline into tyranny.
This will really only come to a head when some FFL in one of these states has the courage to openly flaunt the federal laws while staying in compliance with their state laws. Will the jury in that case support the 10th amendment? Perhaps a more important question is would the Federal judge allow his attorney to even make the arguement.
As Mr. Spock said in Star Trek II, “The needs of the Government outweigh the needs of its people.” This statement has been true since the beginning of mankind and it will NEVER change.
The role of government is for the ruling class to stay in power and control at all costs. This has been true for all failed governments. The Chinese civilization has remained intact for thousands of years because they’ve been willing to kill or oppress their people.
The United States government is young and playing nice using federal prerogative to trump state sovereignty. But if we continue to kick the giant too many times, he will stomp on us.