Tag Archives: states’ rights

Lawmaker’s new proposal would hit feds with charges

Lawmaker\’s new proposal would hit feds with charges

via Lawmaker\’s new proposal would hit feds with charges.


Lawmaker’s new proposal would hit feds with charges

Tells IRS, DEA, BATFE agents to get authorization for arrests from sheriffs

Posted: January 12, 2011
8:18 pm Eastern

By Bob Unruh
© 2011 WorldNetDaily

The state of Montana, which came up with the idea that the guns made, sold and kept inside its borders simply are exempt from federal regulations and made that its law, now is considering a new weapon that could be used to cancel much of the authority of federal agents over its residents.

A new legislative proposal would declare that 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.

Get a copy of the nation’s rulebook and find out what it really says: “The Constitution of the United States”

The proposal, Senate Bill 114, is called “An act regulating arrests, searches, and seizures by federal employees; providing that federal employees must obtain the county sheriff’s permission to arrest, search, and seize; providing exceptions; providing for prosecution of federal employees violating this act; rejecting federal laws purporting to give federal employees the authority of a county sheriff in this state; and providing an immediate effective date.”

Inside that mouthful of provisions is a requirement that federal agents work through and get permission from sheriffs before taking any action to arrest anyone, seize any object or search anywhere. And it includes a promise of consequences if that is not followed:

“An arrest, search, or seizure or attempted arrest, search, or seizure in violation of [section 2] is unlawful, and the persons involved must be prosecuted by the county attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The persons involved must also be charged with any other applicable criminal offense in Title 45,” the bill explains.

It’s been introduced by state Sen. Greg W. Hinkle, who is from Thompson Falls and represents the state’s District 7.

It’s been developed with the help of the same people who brought up the plan that Montana can, under the U.S. Constitution, exempt from federal regulation guns that are not in “interstate” commerce.

Click link  below to read more…

Read more: Lawmaker’s new proposal would hit feds with charges http://www.wnd.com/?pageId=250317#ixzz1AwZCFcHz

Abbott: GM deal violates Texas laws | Postcards

Abbott: GM deal violates Texas laws | Postcards.

Texas Attorney General Greg Abbott, charging that General Motors is attempting to use its bankruptcy to violate state law governing dealerships, announced this afternoon that he is challenging the troubled automaker’s proposed restructuring in court.

In a filing with the U.S. Bankruptcy Court for the Southern District of New York, Abbott alleges that new franchise agreements that GM is requiring Texas’ 415 GM dealers to sign violate state law.

By requiring its dealers to market only GM brands.

By forcing its dealers to order new GM vehicles, even the models a dealer does not believe will sell.

By limiting its dealers’ warranty claims.

By allowing GM to modify or terminate franchise agreements, in violation of current law.

“GM is putting dealerships across Texas — and thousands of their employees — at risk,” Abbott said. In an unprecedented move, GM — which will majority owned by the federal government — claims that states’ rights and states’ laws that protect dealerships can be ignored at GM’s choosing. In doing do, the federally owned GM guts Texas statutes that regulate car dealers and flaunts U.S. Supreme Court precedent that upholds our state-based dealership structure.”

If successful, the legal challenge could throw an unexpected delay into GM’s plans to perhaps emerge from bankruptcy as a new, leaner company within 60 days.

A court hearing in the GM bankruptcy case is scheduled June 30. Abbott said his challenge will be considered at that time.

Texas has 415 GM dealerships, many of which also sell other brands.

Under current state law, the Motor Vehicle Division of the Texas Department of Transportation oversees dealer franchising for GM and other automakers. Abbott said that if GM were allowed to proceed with its new franchise agreements unchallenged, “GM would have a different standard than Ford or Chrysler or other automakers.”

Abbott said GM is requiring its dealers in Texas and other states to sign the new franchise agreements “if they want to be a part of the New GM operation.”

“The new agreements, however, amount to take-it-or-leave-it ultimatums that force current dealers to waive state laws that were enacted to protect businesses from those very kinds of oppressive moves. If dealers don’t sign the contract, they will lose their business.”

Abbott said the State of Louisiana also is challenging the franchise revisions, telling GM in a latter that “GM will not be allowed to market cars in Louisiana unless it follows state law” there.

A GM spokesperson had no immediate comment, saying the company had not seen Abbott’s court filing.

According to the Texas Automobile Dealers Association, the GM franchises in Texas are largely family-owned businesses that employ 27,000 people and generate billions of dollars in annual sales.

“The new federally controlled GM that emerges from bankruptcy wants to be freed from Texas laws that require it to deal fairly with local dealerships,” Abbott said, citing a string of court rulings that bolster Texas’ position. “Its plan will move the business toward a command control economy model and away from a free-market model.”

Get more Legislative coverage inside the Virtual Capitol

Office of the Governor Rick Perry – Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

Office of the Governor Rick Perry – Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment.

April 09, 2009

*NOTE: If you’re having trouble watching this due to high server traffic, you can watch Gov. Perry’s speech here: http://www.youtube.com/watch?v=0LHrIxc-QyE

AUSTIN – Gov. Rick Perry today joined state Rep. Brandon Creighton and sponsors of House Concurrent Resolution (HCR) 50 in support of states’ rights under the 10th Amendment to the U.S. Constitution.

“I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Gov. Perry said. “That is why I am here today to express my unwavering support for efforts all across our country to reaffirm the states’ rights affirmed by the Tenth Amendment to the U.S. Constitution. I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union.”

A number of recent federal proposals are not within the scope of the federal government’s constitutionally designated powers and impede the states’ right to govern themselves. HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government.

It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed. 

HCR 50 is authored by Representatives Brandon Creighton, Leo Berman, Bryan Hughes, Dan Gattis and Ryan Guillen.