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Indefinite Detention – Coming to New Jersey

An injustice in a New Jersey town has gained local, state and national attention in alternative media circles.  An article in the Examiner (h/t Harriet Baldwin) shares the ordeal of a family in Newfield, NJ.  On Saturday, March 9, an informal meeting was held to discuss the findings on the “revaluations” by Appraisal Systems, Inc., a company contracted by the State of New Jersey to assess fair market property values for each county or borough for the tax assessors’ offices.  Ms. Hart and her husband Keith were in attendance.

Ms. Baldwin explains the situation in the link above, but as a summary, Ms. Hart believed her Constitutional rights and freedom of religion were violated by the way an Appraisal Systems employee handled the inspection.  It should be noted that the link in Ms. Baldwin’s article to the page with the staff members has recently been disabled, while previously it included name and photos of their employees.  One would think the decent thing for such a company to do would be to assist in the investigation of abuse by an employee, but even worse than that was what happened when Ms. Hart complained of the treatment she received.  From Ms. Baldwin’s article:

Relates Hart: “She also wouldn’t let me speak and told me to sit down and shut up and listen as well. That’s when the young man came toward me. I knew he was going to put his hands on me. I saw him out of the corner of my eye. I said to him “Don’t you dare touch me.” Then they threw us out of the auditorium. The young man from Appraisal Systems, Inc. was the one going postal, and I believe if HE HAD A GUN, he would have shot me, Keith and Khloe on the spot. I was calm the entire time.”

When the Harts left the gathering, they were followed into the parking lot of the community center, and the same young man who had been so upset by Ms. Hart’s comments in the community center, started screaming and shouting at her, took down the license plate number of her vehicle and said - “See if you are able to pay your property taxes NOW!”

Eileen didn’t understand what that shouted threat meant, until she returned to her home with her family.

When they arrived, there were 5 police cars from the Franklinville Police Department. They advised her that the Clayton Police wanted to talk to her about the allegations.

A background check was run on Ms. Hart, a legal gun owner, which is really a redundancy, as the right to keep and bear arms is tied to the natural right of self-defense, and no criminal background was found.  Still, Ms. Hart was told to surrender her self-defense tools willingly or face a very high bail, which, if she could not pay it, she would be in the county jail for a very long time.  Does this sound like something?  Indefinite detention, perhaps?

Yes, while other states are attempting to nullify the indefinite detention provisions of the 2012 and 2013 NDAA, New Jersey is acting like the model for DC to follow.  While bills with criminal charges for federal agents, non-compliance bills, or at least non-binding resolutions condemning the practice pass in states, counties and towns across the United States, not a peep is heard in the Garden State.  Ms. Hart is also not the only case of state and local violation of our civil liberties in New Jersey.

In January of this year, Keith Panteleon was arrested and held on $75,000 bail after a search without warrant of his property turned up an undocumented Bushmaster semiautomatic rifle.  NJ.com fails to mention the lack of a warrant, yet emphasizes the fact that his rifle was the same type used in the Sandy Hook shooting last year.  It should be noted that anybody who works packing out freight in a store regularly wields the same “weapon” used to hijack airplanes in the 9/11 attacks.  People’s actions should be judged, not how they or their property may look.  For Pantaleon’s side of the story, which the accused should always have the right to share, it’s best to let him speak for himself.  In the meantime, he currently awaits indictment.

Speech, religion, bearing arms, being secure in our property…what rights abuses are next in New Jersey?  What is at stake if we do nothing, or if we depend on the mainstream media or even alternative media to highlight this insanity?  If it gets the coverage, fantastic, but if the people don’t show they care, it does nothing for us.

Standing up to DC on the NDAA indefinite detention and many other violations of our rights is important.  Before we can effectively nullify DC from here, however, we need to pressure our state and local officials to respect our rights at home.  It cannot be emphasized enough that there is not only a gubernatorial election but that every state legislative seat is up for grabs in 2013, as well as perennial county freeholder and town council elections.  This needs to be an election issue at every single level.  For officials not up for reelection this year, it still needs to be an issue brought to their attention constantly.  Contact your officials about it, not just once, but ask for a call back.  If you hear nothing, follow up again after a week or ask to meet with them.  One thing is for certain, when speech is made illegal, it is not the time to be silent, but rather to nullify their attempts by being all the more vocal.

Mar 15, 2013 | Categories:Uncategorized | Tags: , , , , , , , | Leave A Comment »

Action Alert – S1220

In the debate over the slew of gun bills in the New Jersey Legislature, it is important not to forget other important legislation, both good and bad, in the Assembly and Senate.  Today, Monday, March 4, at 1:00 pm, the Senate Health, Human Services and Senior Citizens Committee will meet regarding a number of bills.  On the agenda is S1220, which would supplement the Compassionate Use Medical Marijuana Act, signed into law in the waning days of the Corzine administration.  The bill “[r]equires registered qualifying patient’s authorized use of medical marijuana to be considered equivalent to use of any other prescribed medication.  The bill would prevent discrimination in the provision of medical care, including organ transplants, based on the patient’s use of medical marijuana.  The Assembly version of the bill, A765, was reported on favorably in the Assembly Health and Senior Services Committee.

If possible, ring the phone lines off the hook at the offices of the committee members, even if none of them are in your legislative district in support of the bill.  Be sure to thank Senators Vitale and Scutari for their sponsorship of this important legislation that will strengthen our currently weak legal protections for medical marijuana users in the Garden State.  Tell them you appreciate their assertion state power to protect individual rights in the face of federal prohibition of marijuana use, and that you hope to see more of it on other issues.

Also on the agenda, S1367, would require labeling of foods containing genetically modified material.  The Assembly bill, A2955, is not on the agenda for the Assembly Consumer Affairs Committee meeting on March 7.  While food labeling is not normally an issue the Tenth Amendment Center covers heavily, improved food labeling at the state level may help to nullify the influence of corporate agriculture on federal policy.  Similar efforts have been made in California.  The New Jersey legislation has bipartisan support, with a total of two primary sponsors and five cosponsors.

 

Mar 04, 2013 | Categories:Uncategorized | Tags: , , , | Leave A Comment »

Let Me Be Clear – Christie Is an Obama Fan

During Chris Christie’s budget address this week, the governor announced he would accept federal funds to expand Medicaid as outlined under the Affordable Care Act, aka ObamaCare.  Democrats in the New Jersey Legislature, normally highly critical of Governor Christie for breathing, lit up Twitter with praises for the Republican governor.  Congressional Democrats, such as Congressman Frank Pallone, the self-proclaimed author of the ACA, echoed their delight at the Christie’s acceptance of federal funds.  Christie is one of many Republican governors to agree to the Medicaid expansion, making the implementation of ObamaCare a truly bipartisan effort.

According to an article in the New York Times, the federal government will cover 100% of the expansion costs for the first three years, after which DC will cover 90% and leave the states to pick up the remaining 10% of the tab.  This is despite the Garden State already having “one of the most expansive and generous Medicaid programs,” according to Governor Christie’s budget address.  Speaking in fluent Obamaisms and double talk, Christie’s explanation creates more questions than it seems to answer.  Christie opens with the president’s trademark warning he is about to tell us a lie, “Let me be clear: I am no fan of the Affordable Care Act.  I think it is wrong for New Jersey and for America. I fought against it and believe, in the long run, it will not achieve what it promises. However, it is now the law of the land. I will make all my judgments as governor based on what is best for New Jerseyans.”  What strings are attached to the Medicaid expansion?  Where will the remaining 10% of funding come from?  If we already have the most expansive and generous Medicaid programs, why expand it?  If you want to do what is right for New Jersey, why accept more federal funding with its inevitable strings attached?  If even the Supreme Court, which almost never limits the power of the federal government, says we don’t have to implement the expansion, why voluntarily give them that power over our state?  Most importantly, if a national health care system is not one of the enumerated powers in the United States Constitution, how can it be the “law of the land” or “best for New Jersey?”  Not setting up the health insurance exchanges at the state level because there were too many unanswered questions, while not taking the time to address publicly the questions resulting from the Medicaid expansions implies our elected officials in Trenton have the right to answers, but We the People do not.

At a time when nullification is spreading in other states across the country, it is disheartening to have to say the Tenthers lost a battle here in New Jersey.  We need to regroup and plan for an extended legislative war on this issue.  Unless and until we can either change the minds and/or names of those occupying the people’s seats in Trenton, the repeal of this expansion will be as likely as Congress repealing the entire Affordable Care Act.  We must show up at town hall meetings, reach out to those critical of Christie’s Medicaid expansion, meet with those who will give us their ears, and make this an issue in every state and local level race this election year.  We do not have the resources for a swift, easy victory.  Then again, neither did General Washington or his armies when they were fighting for their lives in our state.  It appears we’re in good company; let’s get to work.

Feb 27, 2013 | Categories:Uncategorized | Tags: , , , , , , , | Leave A Comment »

Action Alert and Open Letter to the New Jersey State Legislature

In just two short days, the New Jersey General Assembly will be taking up twenty different gun control bills, raising the ire of gun rights activists in the Garden State.  In an attempt to stave off protests by already some of the most heavily regulated gun owners in the country, the Assembly originally intended to vote on the bills before hearing comments from their opponents.  Even when comments were heard, our elected officials in Trenton arrogantly listened selectively, allowed their supporters up to two and a half times the allotted two minutes per speaker while cutting off their critics abruptly and even berating an elderly priest who, while the most polite and gently spoken person of the day, let our officials know they were wrong.  A recap of last week’s gun hearings can be viewed, courtesy of Mr. Dan Haggerty, at his YouTube channel.

This admittedly should have been done sooner, but we have an open letter to the New Jersey State Legislature regarding these gun control bills.  While we encourage people to send their own e-mails and feel free to borrow some of the points in our letter, we recommend ringing your Assemblymen/women’s phones off the hook in opposition to these ridiculous regulations and resolutions.  This close to the wire, they are more likely to notice phone calls than they are e-mails, which they can always get to later.

To the Members of the New Jersey General Assembly and Senate:

I write to you today on a matter of great urgency concerning our God-given, natural rights, not granted by, but rather enshrined and reaffirmed in the Constitution of the United States and the New Jersey State Constitution.  In the wake of tragedies in Aurora, CO and Newtown, CT, both our federal and state officials have been eager to institute a host of new rules limiting firearms ownership.  These proposed measures are at best terribly misguided and at worst horrifyingly opportunistic.  Either way, they are constitutionally unsound, both at a federal and state level

With dozens of different bills, it is impossible to address them all in detail in one piece of correspondence, but I would be happy to discuss any of these bills in greater detail in person or by phone.  I do, however, urge you to research the facts before voting on a single bill, rather than ramming legislation through based on raw emotion.  Such hair-trigger legislating without careful deliberation rarely works out well, and we are better than that.

By category, despite being non-binding resolutions, ACR63/SCR136, AR133/S97, AJR89/SJR68, SR92 and SR96 are among the most disturbing.  The Second Amendment to the US Constitution clearly states the right of the People to keep and bear arms shall not be infringed.  By urging the Congress and even the President by executive fiat to take unconstitutional action, and to support international agreements that would infringe on this right, you are asking our officials in DC to violate their oath of office to protect the Constitution from all enemies foreign and domestic.  I will go so far as to say you are asking the federal government to become a domestic enemy and submit to treaties with foreign enemies.

While the Bill of Rights was meant to restrain the federal government specifically, the states are permitted under the Tenth Amendment to enact laws which those in DC may not.  Still, state legislators and the governor do not have absolute power over the people either.  Our state constitution places considerable restraints on Trenton’s power and is very generous when recognizing rights reserved to the people.

The New Jersey State Constitution contains nothing specifically enumerating the right to keep and bear arms; neither does it contain a clause forbidding firearms ownership.  While what is not expressly forbidden should be allowed, the issue of firearm ownership is addressed elsewhere in our state’s governing document.

Article I, Section 1 states that “All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.”  Law abiding citizens have the right to protect their homes, businesses, families and themselves from individuals, groups, and yes, governments that would threaten these.  Furthermore, a gun is a product, an item, a good, a thing which can be purchased, and is therefore considered property.  Who are our elected officials in DC and Trenton to tell people who have never committed or even been accused much less convicted of a crime whether they can purchase and/or continue to own property?  Is there not already enough abuse of property rights through asset forfeiture and eminent domain without this further burden placed upon the citizenry?

Article I, Section 21, much like the Ninth Amendment to the US Constitution, states, “The enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.”  Other rights retained by the people?  That would include the right of the people to keep and bear arms.

Even if you don’t believe our federal and state constitutions, as the contracts they are, mean exactly what they say, New Jersey already has some of the strictest gun laws on the books.  How has that worked out in Newark, Elizabeth, Paterson or Camden?  Even Newark Mayor Cory Booker, a Democrat, admits that further gun laws will solve nothing as far as violent crime is concerned, as criminals do not abide by the law.  That is what makes them criminals.  The change has to be in our culture, from one of expecting our government to fix everything for us to one that takes personal and local responsibility.  Communities need to work together and find solutions that fit their specific needs, not depend on dictates from far away officials in the national and state capitals.  Preventing violence of all types is an issue that families need to discuss at the dinner table.  If this isn’t done, no amount of intervention by you will solve any of these problems.  If it is, no amount of intervention by you will be necessary.  Limits are placed on governments precisely to prevent them from arrogantly assuming they can or should fix all our problems for us.  Going beyond those limits has led to interventionism overseas that has had disastrous effects, and the effects of the same policies domestically will be just as disastrous.  Your purpose in office is to protect our liberties, nothing more, nothing less.

Consider the negative consequences of the pile of bills waiting to be reviewed in committee or voted on in the Assembly and Senate.  Take time to deliberate and ask yourselves if you really have the authority to do what you are proposing and where the line is drawn if you do.  Thank you for your time and consideration.

In Liberty,
Benjamin W. Mankowski, Sr.
New Jersey Tenth Amendment Center

 

To find your legislators’ contact information, click here.

Feb 19, 2013 | Categories:Uncategorized | Tags: , , , , , , , | Leave A Comment »

Open Letter to the Sheriffs of New Jersey

To the Sheriffs of New Jersey,

As our elected Sheriffs;  the chief law enforcement officers and highest constitutional executive authority of the several counties of New Jersey, you have taken an oath to protect and defend the US Constitution.

The New Jersey State Constitution declares:  “All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.”… with an understanding of the natural right of self defense.

Again and again, law abiding citizens are faced with unlawful actions by the federal
government in response to tragic events. The central government continues to destroy
the unalienable rights codified in the US Constitution.  This must not stand.
Regarding the 2nd Amendment and the federal government, we ask you to consider the following facts:

The 2nd Amendment does not confer, grant, or bestow the right of the people to keep and bear arms.  As a natural right, preexisting the constitution, the 2nd Amendment was established as one of many restraints on the federal government.

The US Constitution does not grant the federal supreme court the power of final arbiter or authority on whether a federal act is constitutional, nor does the notion of judicial review grant such power.  The federal supreme court has made extremely wrongful and unconstitutional decisions in the past and recently as well.

The States did not create a central government and grant it the authority to decide for itself the limits of its own powers, nor did the People give up their right to judge the constitutionality of federal acts.

As Thomas Jefferson explained:  “…the several States composing the United States of
America, are not united on the principles of unlimited
submission to their General Government; but that by compact under the style and
title of a Constitution For the United States and of amendments thereto, they
constituted a General Government for special purposes, delegated to that Government
certain definite powers, reserving each State to itself, the residuary mass of right
to their own self Government; and that whensoever the General Government assumes
undelegated powers, its acts are unauthoritative, void, and of no force…

…That the Government created by this compact was not made the exclusive or final
judge of the extent of the powers delegated to itself; since that would have made
its discretion, and not the Constitution, the measure of its powers; but that as in
all other cases of compact among parties having no common Judge, each party has an
equal right to judge for itself, as well as of infractions as of the mode and
measure of redress.”

No doubt, you are aware of the many Sheriffs across the nation who are publicly taking a stand against the unconstitutional acts by the federal government. We would like to know if you intend to uphold the US Constitution and protect our 2nd Amendment rights from violation by all unconstitutional federal acts, regulations, and executive orders. We would expect you to refuse to enforce any federal action that is repugnant to the US Constitution.

A statement from the Sheriffs Association of New Jersey would be most appreciated, or the Sheriffs might individually offer their position to the citizens of their counties.  Thank you for your consideration.

Respectfully,

New Jersey Tenth Amendment Center

Jan 28, 2013 | Categories:Uncategorized | Tags: , , , , , , , , , , , , , , , , , | 1 Comment »

Urgent Message from Sheriff Mack – A Must Watch and Share!

Sheriff Mack: Hell NO to Gun Control!

http://www.youtube.com/watch?v=EhUPyrj3KgA

Sheriff Richard Mack explains why our Sheriffs are vital in the battle for the 2nd Amendment.

Please share this with everyone, including your Sheriff!

Jan 21, 2013 | Categories:Uncategorized | Tags: , , , , , , , , , , , , , , , , , | Leave A Comment »

Can Trenton Be Nullified, Too?

There are times it appears DC and Trenton are in a race to see who can be the first to reach the pinnacle of stupidity, tyranny, or both.  Folks, it’s going to be a photo finish when it comes to our God-given right to defend ourselves.  Whether it’s the predictable knee-jerk reactions of trigger happy gun controllers like Assemblyman Joe Cryan, who seeks to limit magazine capacity, or gems like S810 from New Jersey Senator Bob Smith, which clarifies Airsoft guns as “firearms” in the State of New Jersey, the people we send to Trenton are often just as bad as US Senator Frank Lautenberg and his lackey Senator Bob Menendez.

While the Tenth Amendment Center opposes federal involvement in any area of gun laws, whether it’s Congress attempting to ban them or federal courts overturning state or local laws on guns, we recognize the importance of the right to keep and bear arms as an essential defense against tyranny.  This begs the question.  If Trenton keeps clamping down on firearms, and the federal courts are supposed to leave things to the states, what do we do?  The answers can be found in the Tenther toolkit.

The Constitution, Every Issue, Every Time, No Exceptions, No Excuses…with a twist

In the same way that we must bind DC with the US Constitution, we must do the same to Trenton with the New Jersey Constitution.  What does the New Jersey Constitution say about firearms?  Unlike many other state constitutions, ours makes no specific mention of the right of the People to keep and bear arms.  This presents a dilemma.  Does that mean we have no such right in New Jersey?  Well, did the Second Amendment create the right to bear arms, or merely reaffirm and reemphasize it?  If you said the latter, you would be correct.  Now if only our State Senate, General Assembly and Governor in Little DC would get that.

Just as our state constitution makes no mention of the right to bear arms, it similarly makes no mention of such action being forbidden.  Other protections, therefore, would certainly not exclude that right unless the New Jersey Constitution were amended.  Among those protections:

Article I, Section 1.  All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

How is the individual capable of defending life and liberty, protecting property and pursuing safety without firearms?  The shopkeeper in one of our cities plagued by gang violence (hey, they have guns), the homeowner not lucky enough to live right next to the police station in one of our small towns and needing to repel an invader, the single mother looking to deter a rapist or abusive ex she finally found the courage to leave, and yes the medical marijuana dispensary owner being threatened by the DEA, all these ought to have a firearm available to stay alive, free and safe.  These are realities that won’t go away by hiring more cops, building more prisons, getting a restraining order or passing a law that claims to legalize something but gives no assurances of protection from federal overreach.

Article I, Section 21.  The enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.

Other rights retained by the people?  Like keeping and bearing arms?  That sounds good enough for me!

So how do we proceed with reclaiming our right to self defense in New Jersey?  Vote the bums out?  Not much use in Trenton.  Some think of Republicans as the party of gun rights, but here in New Jersey, the party establishment is rather hostile to that right, much like their Democratic counterparts.  Yes, like DC, if all you accomplish in Trenton is a change of party, you’ll find little change in the results.  Sue in court?  Right, and expect the judges who overturned pension reform legislation that cut their benefits to rule in favor of us unwashed masses?  Let me know how that works out for you.  There is another way, however.

In Tenther Radio, Episode 80, Michael Boldin mentions a county sheriff who submitted a Second Amendment Preservation Act in his county, nullifying federal gun laws at the local level.  Why couldn’t the same be used to nullify state level gun laws?  Perhaps it wouldn’t be possible to go all out and threaten state officials with arrest if they attempted to enforce state gun laws, but perhaps that’s not necessary.

In New Jersey, we have state troopers and other state agencies, but most of the day to day law enforcement work goes to the counties and even more so to the town police departments.  From Newark to New Providence, Union Township to the other Union Township, just about every town has its own.  For a state so centralized, we’re awfully localized as well.  How enforceable would a handgun, shotgun or rifle ban be if county sheriffs persuaded their board of freeholders or if townships passed ordinances forbidding their resources from being used to enforce such legislation? There’s no knowing for sure, but why not?  It’s the same strategy that has made it more and more difficult for the federal government to enforce marijuana laws or REAL ID.  It’s also not too different from the strategy that got New Jersey out of the Regional Greenhouse Gas Initiative (RGGI) a few years ago.

To supplement this strategy, we must also spread the message of jury nullification. In a state where genuine nullification efforts are few and far between, and successes even fewer and farther, jury nullification scored a victory last year in the NJ Weedman case, despite the judge censoring the defendant from mentioning jury nullification in his defense.  Jurors simply saying, “Sure, I know the defendant possessed a handgun that violated state law, but the law is unjust, so I will not convict,” would score enormous points for freedom.  We must dedicate ourselves, even if it’s just by the water cooler at work, to educating jurors about the power they have.

It is easy for gun rights groups to cheer when the Supreme Court hands down a decision overturning gun bans in Illinois or other anti-gun states, but be wary.  The history of our Supreme Court is one of inconsistency on issue after issue, one day upholding segregation, another striking it down, one day ruling Guantanamo Bay is not US territory, another claiming it is.  The same courts that claim to be the sole arbiter of your gun rights can easily turn around and decide to take away those rights.  At that time, the anti-gun legislators will tell you the courts you cheered when they gave you a favorable ruling have spoken, and it will take a great deal more time, effort and frustration trying to overturn things on a national level than at a state and local level.  Let’s get to work at the grassroots level, empowering the people from the bottom up, and nullifying the actions of all, state or federal, who would attempt to deny us our rights.

 

Mike Maharrey, Tenth Amendment Center Communications Director, and Brenda Poland, New Jersey Chapter Coordinator, also contributed to this article.

Jan 05, 2013 | Categories:Uncategorized | Tags: , , , , , , , , , , | Leave A Comment »

A Look Ahead – Time To Plan

As the year 2012 draws to a close, the New Jersey Tenth Amendment Center is looking ahead to 2013 knowing there is a lot of work to do.  A few short weeks ago, we gave thanks for the victories we achieved due to the hard work of activists in our group as well as other organizations.  We can add to that a second veto of the health care exchanges, which could fall under Mike Maharrey’s “few slices of warm, buttered bread” analogy in this week’s Tenther Radio.  We’d rather the unconditional veto on constitutional grounds, but we’ll take what we can get for the moment.

Governor Christie‘s veto of the health exchanges can be used as a turning point to take control of the ObamaCare debate in this very blue state over the next year.  We need a renewed push for the Federal Healthcare Nullification Act in the State Legislature.  Governor Christie spoke of the control the federal government gives to the states over the health care exchanges.  The focus needs to be on urging state legislators of both parties to TAKE control of health care reform in our state, making decisions within New Jersey and out of the control of DC.  Even if the debate gets vicious, let it occur in Trenton and in our local communities.

Another area that needs a great deal of effort is opposing the NDAA through the Liberty Preservation Act.  Despite the claims of Feinstein Amendment supporters in the 2013 NDAA, the final product is highly unlikely to have much if any protection against the indefinite detention clauses in the 2012 NDAA.  We will need to push for those protections in Trenton, as well as the county and municipal levels.  Those who are able must get to their Town Council and County Freeholder meetings to make sure these issues are discussed.  County Sheriffs will be useful if we can win them over.  For issues like this, there is the possibility the State Legislature and Governor won’t do anything unless they see action at the local level.  We will be looking for volunteers and other organizations to help with this outreach.  See our facebook page to join the planning .

Closely related to the NDAA issue is the federal government’s increased use of drones.  Nullify the Drones is one of the recent campaigns from the Tenth Amendment Center.  Blake Filippi has crafted legislation for petitioning state and local officials to nullify drone use in their jurisdiction.

Nearly three years after the outgoing Governor Corzine signed the Compassionate Use Medical Marijuana Act, and not long after the jury nullification victory in the NJ Weedman case, there is definitely both a need and an opportunity to strengthen our medical marijuana laws.  Patient protections need to be increased, and there is obviously support across the political spectrum in the legislature as well as the grassroots.  New Jersey’s first medical marijuana dispensary opened this year, and we need to do what we can to protect these business owners from harassment by federal agents.

This coming year is also a major election year in New Jersey, with a gubernatorial and legislative election going on.  Whenever possible, direct your state and local candidates and existing officials to the Tenth Amendment Pledge, and share their responses with us.  While we do not endorse candidates, we need to be very active in contacting candidates to educate them on Tenth Amendment issues and get their stances.  We need  people to write letters to the editors of state and local papers, news sites, and blogs.  There are still many in New Jersey who have not heard of the Tenther movement or completely misunderstand its mission.  We need people to correct that.

In addition to these areas of activism, we want to hear from you.  We need input, as well as volunteers to put in time to grow the movement.  Again, make sure you are following our Facebook page.  Give us ideas where you would like to see us get involved.  Whatever we endeavor to do, we need a great deal more human involvement.  Nobody can do everything, but we can accomplish a lot if everybody does something.

Dec 08, 2012 | Categories:Uncategorized | Tags: , , , , , , , , , , | 1 Comment »

Vetoed Again – Right Action, Wrong Reason

The latest alert from Save Jersey today announced that Governor Christie has vetoed S2135, which would have implemented the state run health insurance exchanges under the Affordable Care Act, aka ObamaCare, aka PalloneCare.  Some, including Matt Rooney of Save Jersey (a Facebook friend and decent guy, but we disagree on some things), point out in particular that the veto came following a meeting between Governor Christie and President Obama.  Tenthers and other groups were concerned implementing the exchanges would be one of the strings attached to Hurricane Sandy aid, all the more reason to try to prepare to deal with any future crises without federal “assistance.”  You never know when they’ll get that idea.

As for the veto itself, the action was right, and we Tenthers should be glad about that, but we should also be wary.  At no point did Governor Christie mention any constitutional concerns, only economic ones, which, while legitimate, cannot be a good Governor’s sole concern when looking at a bill.  As Governor Christie says, “[w]hile the federal government has enabled states to apply for grant funding to cover some of the initial costs of such an endeavor, the total price for such a program has never been quantified, and is likely to be onerous. Without knowing the full scope of which Exchange option would be most beneficial and cost efficient for New Jerseyans, it would be irresponsible to force such a bill on our citizens.”

Suppose the Congressional Budget Office or someone in the Obama Administration had presented a fudged but convincing looking set of figures, sort of like they did before the ObamaCare vote.  With the fiscal impact as the only concern, a lot of our remaining liberties could be eroded very quickly.  Indefinite detention centers in New Jersey?  Drone flights over New Jersey as part of a fusion center?  No worries. The DC good ol’ boys network will take care of all that.

Governor, the New Jersey Tenth Amendment Center thanks you for making the right move, but your reasoning causes a great deal of concern.  Does this mean for future threats to our liberty, whether through ObamaCare or any other federal usurpation, there’s a price at which you can be bought?  We’re hoping the answer is no, and we will certainly take this small victory, but we will be watching closely.

The vagueness behind your veto statement leads us to believe this issue has not gone away with a second stroke of the veto pen.  If any of the three exchange options – state run, federal, or state/federal partnership – fits within your idea of fiscally acceptable for New Jersey, you have hinted you will go with it.  This back and forth on the issue causes a great deal of uncertainty for our State’s employers, who don’t want to hire if the cost of those new hires is going to skyrocket in a few months or a year due to new regulations.  This issue is severely hindering your vaunted Jersey Comeback at a time when we need to remove as many obstacles as possible.

While we appreciate knowing you’ve bought us some more time, we want to see this nonsense end with an absolute, unconditional veto.  In other words, thanks for now, and in the future, no thanks.

Read the Governor’s veto decision here.

Brenda Poland, State Chapter Coordinator, also contributed to this blog entry.

Dec 06, 2012 | Categories:Uncategorized | Tags: , , , , , , | 1 Comment »

What Do We Get In Exchange, Governor?

Just two days remain until New Jersey’s deadline for Governor Christie to make a decision on the health care exchanges outlined in the Affordable Care Act.  The federal deadline was to be December 16.  Our State Legislature, in the interests of our State’s autonomy, told DC they couldn’t tell us what to do, and then proceeded to move the deadline ten days earlier.  I guess Trenton showed HHS who’s boss around here.

As in the case of the previous health insurance exchanges, Governor Christie has been very vague regarding what he intends to do.  There is the option of setting up a state exchange, a joint federal/state exchange or letting the federal government operate the exchange themselves.

On the one hand, as quoted in northjersey.com last month, he has said “if ObamaCare is going to be the law of the land,” he’s “going to comply.”  I wonder how many Governors in the North said that about the Fugitive Slave Act in the 1850s? And does this also mean you’re planning on backing off the push for sports betting?  Those were two federal acts masquerading as the law of the land.

On the other hand, he has said “[the White House] won’t answer our questions, so I can’t evaluate how much this will cost my State.”  How about our health care freedom, Governor?  Is that costly enough to say no to the exchanges?

PolitickerNJ points out a similar case of dueling quotes.  The Governor was inclined to set up a State based exchange if it appeared cost effective, but was likely to select a pure federal option if HHS Secretary Kathleen Sebelius did not answer questions submitted by the Republican Governors’ association.  It would be no surprise if they pulled a Pelosi and said you have to set up the exchanges to find out what’s in them.

If these quotes from an inconsistent Governor on Tenth Amendment issues are confusing to you, you’re not alone, but perhaps there is another way.  Follow the money.  Thankfully, in a rare show of transparency, the federal government has made that very easy to do.   HealthCare.gov has a convenient feature to follow each State’s actions regarding the health insurance exchanges, and which States have received how much money.  For example, Governor Haslam of Tennessee has received $1 million in planning grants and $8,110,165 in exchange establishment grants.  Governor Rick Scott of Florida has received $1 million in planning grants.  Pennsylvania Governor Tom Corbett has really raked it in with $1 million in planning grants and a whopping $33,832,212 in exchange establishment grants!  And Republicans want us to believe they support limited government?

So how is New Jersey doing?  Governor Christie has taken in $1,223,186 in planning grants and another $7,674,130 in exchange establishment grants.  Almost $9 million to establish a plan with no questions answered?  Governor, as US attorney, you put away 130 of these types of people.  An honest look at the current makeup of DC should tell you that, while impressive for one man, it’s barely a dent.  Are these the people you trust to provide a straightforward, honest answer?

Instead of looking to the federal government for answers about the health insurance exchanges, look to the Constitution.  Can you find the words “health care” anywhere?  What about “insurance mandates?”  Didn’t think so.  The only thing to do with these exchanges is scrap them for good.

Dec 04, 2012 | Categories:Uncategorized | Tags: , , , , , , , , , , | 1 Comment »