Archive for the ‘Tenth Amendment’ Category

Wednesday is the last opportunity to voice your concerns to the entire Missouri Legislature

Thursday, September 10th, 2009

Wednesday is Veto Session. We would like to see you outside the capitol building in a peaceful rally.

For details and rsvp, please click here:

http://www.facebook.com/event.php?eid=130301655035&index=1

How to prevent Extremism – Kevin Kobe’s MIAC Testimony

Sunday, September 6th, 2009

Revolution. How one defines the term may differ greatly depending on their beliefs on the role of Government. One common thread in this century, is that the term is commonly used to invoke feelings of the Revolutionary war.

One reason I found the practices of the Missouri Information Analysis Center so appalling is that it is only one of many sources attempting to link patriotic dissent to violence.

I urge you to take a look at “Republic” magazine #15. It details greatly the government and media instances comparing constitutionalists and the Founding Fathers to rebellious violent extremists.

Is this just another case of one man’s perceived terrorist being another’s perceived freedom fighter? Or perhaps there are other factors to determine when rebellion is righteous?

To read this entire article/testimony, please visit:

http://nerfmild.blogspot.com/2009/09/how-to-prevent-terrorism-and-extremism.html

Days left for Governor to sign HB 361 Real ID Repeal. Time for citizen pressure.

Tuesday, June 30th, 2009

TIME TO START CALLING…..Days left until he must by law either Sign or Veto HB 361 to repeal Real ID!

7/12 is the deadline for action………..

Office of Governor Jay Nixon
P.O. Box 720
Jefferson City, MO 65102
(573) 751-3222

PLEASE CALL, EVEN IF YOU SEND AN EMAIL OR LETTER, PLEASE CALL ON THE TELEPHONE!

NOBODY WAS ANSWERING THE PHONE DURING SEVERAL ATTEMPTS, PLEASE CONTINUE TO TRY!

IF YOU GET THROUGH, PLEASE ASK FOR THEM TO ANSWER THE PHONE THROUGH NORMAL BUSINESS HOURS OR IMPLEMENT AN ANSWERING SYSTEM FOR WHEN THERE IS NO STAFFER AT THE PHONE.

http://governor.mo.gov/contact/

The Real ID act is not even fully implemented, yet several Americans are finding it difficult to get a State Driver’s License under regulations imposed on the states by this Federal Law.

The Tenth Amendment to the US Constitution makes the State of Missouri capable of having its own criteria for licensing motor vehicle operators, and I hope that we can allow State Lawmakers the power of a common sense approach without unfunded mandates from Washington special interests.

Identification is an issue talked about from every bar, security firm, and governmental agency to science fiction novels and movies and even the Bible.  Many Americans believe that some requirements of Real ID or the discussion that it creates, could lead to unnecessary technological advancement controlling how human beings are identified and tracked through society.

Whether this fear is imagined or realized, the Real ID is not a step that the people are comfortable with, and some fear it could lead to unneeded databases of lawful citizens based upon information irrelevant to fighting crime or personal identification purposes. Despite promises from the former DHS Secretary Chertoff that Real ID databases will not be shared nor breached unnecessarily, or that it somehow fights terrorism or immigration, it does not require an identification to survive in the world undocumented, and you do not need a government license to commit acts of terror, so the only people volunteering their information to be shared in these highly networked databases are Legal, Lawful citizens.

The Federal Government’s guarantee of security when it comes to databases of private citizen information has proven improbable.  News stories from the past few years are full of reports of stolen or lost Federal Government data.  Even the President’s own Helicopter’s Plans was a risk factor earlier this year due to an information breach.

The Boy who cried “Politics”

Wednesday, May 20th, 2009

I’m noticing more and more in my every day paradigm breaking that there seems to be a syndrome of people who try to tie in every legitimate concern with illegitimacy to discredit the processes of life and life’s information.

I call this the “Boy who cried wolf” syndrome. Lets examine the classic children’s fable:

From Wikipedia:

“The Boy Who Cried Wolf, also known as The Shepherd Boy and the Wolf, is a fable attributed to Aesop (210 in Perry’s numbering system[1]). The protagonist of the fable is a bored shepherd boy who entertained himself by calling out “Wolf!”. Nearby villagers who came to his rescue found that the alarms were false and that they had wasted their time. When the boy was actually confronted by a wolf, the villagers did not believe his cries for help and the wolf ate the flock (and in some versions the boy). The moral is stated at the end of the fable as:

Even when liars tell the truth, they are never believed. The liar will lie once, twice, and then perish when he tells the truth.”

They boy cried “Wolf” over and over again, with illegitimate reasons. The townspeople got tired of being alerted for no reason, and let him get eaten alive.

The 10th Amendment
Regardless what you think of the Civil War and its reasoning, what we’re expected by the mainstream to take away from Civil War Studies is that the Southern States were trying to use the 10th Amendment to justify what they felt was a legitimate practice, in violating the rest of the Bill of Rights of certain individuals. The 13th and the 14th Amendment was written.

Ever since then, 10th Amendment discussion has been based mostly on Abortion Law.

There is now a movement to re-assert 10th Amendment rights of the States. We are not being taken seriously.

“10th Amendment!! 10th Amendment!!”
“aww you’re just using that to take other humans’ rights”..slaps the boy..goes back to sleep
“10th Amendment!! 10th Amendment!!”
“Abortion? Really”…goes back to bed
2009-
“10th Amendment!! 10th Amendment!!”
“Not again!@ Who Cares? Go to Bed!!”
………..as the states are eaten by wolves.

Impeachment
“Impeach!! Bad President!!”
“He’s lying about a blow job. This is what is so important, that you called all of us here?”…goes back to bed
“Impeach!! Bad President!!”
“NO MORE PARTISAN GAMES!! GO TO BED!!”
……the wolves eat the constitution

Who do we blame?
Those who make our processes and information illegitimate?
I say we blame the townspeople.
When it’s your duty to watch a child, no matter how many times he gets out of hand and cries wolf, he is still your responsibility.

Reject the notion that any information or constitutional process is no good based on past experience.

Keep an open mind and an open eye trained on your Government.
Or we are ALL Dinner to the wolves.

-Kevin L. Kobe

Liberty Restoration Project meets with Missouri Senate President Pro Tem Charlie Shields

Thursday, May 7th, 2009

Members of Liberty Restoration Project and We The People Foundation Missouri were granted an impromptu meeting with Charlie Shields regarding HB 361, a state repeal of the Real ID act.

The next morning, HB 361 was placed on the senate calendar. Please show your gratitude by thanking Sen. Shields (573) 751-9476

Press Release Submitted: Sunshine Law

Monday, March 16th, 2009

Press Release

For Immediate Release

Liberty Restoration Project delivers “Sunshine Law” request to Jefferson City regarding Police document.

Kansas City, MO. March 16th, 2009:

Today representatives of the Liberty Restoration Project (LRP) hand delivered a “Sunshine Law” request to 3 offices in Jefferson City. The Sunshine Law in Missouri is a version of the Federal Freedom of Information Act that allows groups to petition for information. This request was delivered to Missouri Governor Jay Nixon’s office, Missouri Highway Patrol office and State Emergency Management office. The LRP is operating as a mouthpiece to a national “Freedom Movement” that feels that a document released by the Missouri Information Analysis Center (MIAC) on February 20th, 2009, has placed a peaceful movement into the same groupings as “Paramilitary”, white supremacists, hate groups and unconstitutional Militia. This document was released to the Missouri Highway Patrol offices and was released from the desk of Governor Nixon’s desk. This document was leaked to the public by someone who obtained it from their law enforcement agency.

The document in question is being criticized by the freedom movement because of such generalized information provided in the document. The document was written as a training tool for the police to be able to identify Militia members and protect officers as well and citizens. Instead the document managed to label anyone with a political view that differs from the two party designs. This document indicates current Texas Congressman Ron Paul as an icon for the Paramilitary movement, as well as displaying an inverted American flag, or having copies of documentaries that discuss issues that are relevant to the freedom movement. This document indicates that displaying a 3rd Party bumper sticker, or a “Gadsden Flag”, or even carrying a copy of the United States Constitution could be considered “political paraphernalia”. The freedom movement as a whole feels that this document will allow Missouri police to profile vehicles, individuals, organizations, or even political figures as “radical” or “extremists”, and will infringe upon a person’s 1st amendment right to express their views. The most immediate threat to this peaceful group will come at the end of March when Congressman Ron Paul will hold a regional conference in St. Louis, MO. This conference will bring in hundreds of supporters into Missouri, and now most are fearful of being singled out and profiled against, and potentially having their rights violated by the police, all because of a generalized and poorly informed document.

The Liberty Restoration Project is requesting on behalf of a national freedom movement for a retraction of this document, and a formal apology from the Governor, MIAC, and the Missouri Highway Patrol. The Liberty Restoration Project in Kansas City will extend a hand in drafting information that will not only clarify a position of a freedom movement, but also assist in better informing law enforcement officials in hopes to protect our peacekeeping officers and citizens.

For More information about the LRP, please visit: www.libertyrestorationproject.org

Please contact Bryon Huber at: 816-739-8064

Attached you will find the Sunshine Law request that was submitted.

Full MIAC report can be found at : http://www.scribd.com/doc/13232178/MIAC-Strategic-Report-The-Modern-Militia-Movement

####

United,
Bryon Huber
Director of Public Relations
Liberty Restoration Project
www.libertyrestorationproject.org

You’re Number One! (not 14!)

Friday, March 13th, 2009

You’re Number One! (not Fourteen)

By Kevin L. Kobe

For two-hundred and twenty-two years, our nation has followed a constitutional form of government. However, in recent decades, the workings laid out in the Constitution have become secondary to popular views of progress. The Constitution is a complex document which has been debated in court case after court case since it was written.

Understanding the Constitution is an important duty, but what you do with that understanding is the key. The Constitution was written to protect our nation from centralization of power. Checks and balances between the three branches of government are often referenced when discussing this protection. Instead, I would like to ask you to understand the checks and balances between Federal, State, County, and Local governments and the duty of the individual citizen.

I often hear people say that the federal government should take care of its citizens. They say that issues such as abortion and welfare are rights key to the well being of the individual, and therefore are rights. In my opinion, the Tenth Amendment is clear that these types of aid or protection are not specifically laid out in the Constitution, and therefore rely on the fifty states to decide on their own which policies will be used in their state.

They usually cite the Fourteenth Amendment which states that the federal government has a duty to protect an individual’s rights. However, who is to decide what is a right of an individual? Those who use this line of thinking say that the interpretation is up to the courts to decide.

The idea of rights in the Constitution is something given by the creator (A birthright, or god-given right) and guaranteed by the Constitution and your legal rights to be represented in government. I don’t believe the court can decide which rights you were born with, nor do I feel that a court is fairer than God.

Who should we rely on to tell us what is a right? That is where the First Amendment comes in. Recently, at an event in Kansas City, the First Amendment was described as the ability to communicate your grievances to your representative government. The right to petition government is one clause of the Amendment, however, if you examine the intent of the other clauses of the First Amendment, you soon see that they all are there to give Americans the tools they need to exercise informational power to their government.

So why does the Fourteenth Amendment exist, if not to allow the Federal Government to override the states when it feels rights are being infringed? Well, since it isn’t the Federal Government’s decision to make, it is God’s. I would argue that the Fourteenth Amendment was a response to the human rights violations surrounding slavery.

If you examine race relations in our country, you begin to understand that the Fourteenth Amendment is there because excuses were made by the states to infringe on other stated rights. It was not until recent decades did African-Americans have the true freedom of speech, due process of law, the right to bear arms, and other constitutional rights re-affirmed by the Bill of Rights.

There is a saying on the Internet. “True Change Requires Revolution.” You have the power to re-affirm what you believe your rights are. You are the First Amendment. Utilize your power to govern your government and don’t allow yourself to buy into any negative interpretation of protesting or speaking out.

The concept is simple. First Amendment, Tenth Amendment, Fourteenth Amendment. The people have the right to decide which rights God gave to them, and exercise those rights through using the First Amendment to demand their society’s laws to conform to those rights. The Tenth Amendment affirms the State as the primary author of those laws to protect the individual from the centralization of Federal power. This also protects geographically and demographically different parts of the country from being forced to adhere to laws that may not be reflective of their State. The Fourteenth Amendment is Federal protection of the stated rights of the people from infringement by state and local government.

In other words, the ideal balance of power gives the states the supreme legislative power, the Federal level the supreme judicial power, and the local level the supreme executive power. And then the people are above all, with the intent to have their voice heard in respect to how those bodies govern.

Please utilize your power under the First Amendment by demanding accountability from your elected officials. Join or organize a protest on issues that concern you. Distribute fliers and videos about those issues. Campaign against candidates who ignore their duty to their constituents and for candidates who have a record of being responsive to the people and their Constitutional oath.

One great opportunity to exercise your First Amendment is Saturday, April 25 2009 at Kansas City’s Federal Reserve branch 1 Memorial Drive, KCMO (27th and Main Street) for Liberty Restoration Project’s Monopoly March on the Federal Reserve Central Banking System! I know many are upset at the current policies surrounding the relationship between government and private banks, so this is your chance to participate in a group activity full of comradery and love for your country while exercising your right to peacefully assemble in opposition to the top private bank. Hope to see you there, and elsewhere making your voice heard and keeping your society accountable!

Action Alert: MO HCR 13 10th amendment resolution

Tuesday, March 10th, 2009

Please contact the following committee members (see below) to ensure HCR 13 will get a vote on the house floor.  HCR 13 is a House Concurrent Resolution re-stating Missouri’s Constitutional right to govern ourselves as a sovereign state.  

“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.”

The committee vote is in one hour – if you have not called or emailed PLEASE DO ASAP.  Sorry for the last minute notice, I just found out about the vote today.

peace and love,

Catherine Bleish

 

There is a sample email listed below sent by Rob Hilman of MO RLC. 

> From: Rob Hillman <Rob_Hillman@yahoo.com>
> Subject: In Favor of HCR13 Missouri Sovereignty Resolution
> To: Mike.Parson@house.mo.gov, Stanley.Cox@house.mo.gov,
John.Burnett@house.mo.gov, Don.Calloway@house.mo.gov, Kenny.Jones@house.mo.gov,
Brian.Munzlinger@house.mo.gov, Bryan.Pratt@house.mo.gov,
Mike.Talboy@house.mo.gov, Stephen.Webber@house.mo.gov,
Larry.Wilson@house.mo.gov, Jake.Zimmerman@house.mo.gov
> Cc: Jim.Guest@house.mo.gov, Doug.Ervin@house.mo.gov, "Tom
Dempsey" <tom.dempsey@senate.mo.gov>, "Anne Zerr"
<Anne.Zerr@house.mo.gov>, Ronald.Richard@house.mo.gov
> Date: Monday, March 9, 2009, 10:39 PM
> Dear Sirs,
>
> I'm in favor of Mr. Guest's and Mr. Ervin's
> resolution of Missouri Sovereignty HCR13.
>
> Thank you in advance for moving it forward to the next step
> in our Missouri State legislature.
>
> Rob Hillman
> Missouri RLC Chair
>  636-261-8309 
>
> cc: Rep. Guest, Rep. Ervin, Rep. Zerr, Senator Dempsey,
> Rep. Richard
>
> http://house.mo.gov/content.aspx?info=/bills091/bills/HCR13.htm

 
 
 
 
List of all MO Legislators:  http://house.mo.gov/member.aspx

10 States Begin the Movement to Restore the Constitution –

Friday, February 20th, 2009

States Rights.  State Sovereignty.  State Power.  No matter what term you want to use to describe it, several states, and Freedom Movement citizens in those states, are making an effort to restore the Constitution – the 10th Amendment specifically.  Ten states have “Tenth Amendment” resolutions in committee or on the docket, and counting.  Twenty-one states have similar resolutions in the works or similar legislation based on Constitutional delegation of powers being proposed.  The Tenth Amendment states:

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.”

There are many areas in which our federal government has overstepped its bounds, we all know this.  Just a few of these areas are education, health care, federal police, environmental “permissions”, federal drug penalties, meat and produce regulation, and on and on….  The resolutions proposed vary in intent, but they all have one thing in common:  To remind the federal government and the executive and legislative branches in Washington DC that the Tenth Amendment still exists, that the Constitution is still the law of the land, and that the people are aware of federal intervention into local governments.  Some of these resolutions declare the next step, that if their sovereignty in these areas is not recognized, that decisions and laws made at the federal level are now void and there is no legal justification to follow the federal regulations.  For instance, the resolution in New Hampshire in reference to both the Tenth Amendment and Section 8 of the Constitution delegating the powers of Congress, reads:

 

“That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “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,” therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory;…”

 

The Missouri House Resolution13 reads:

 

“Be it further resolved that this concurrent resolution 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; and

 

Be it further resolved that all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed; and”

 

These are powerful, and justified, statements of members of the Constitutional Republic.  If you think of the many, and the mundane, federal laws forced on the people outside of those delegated to Congress by, supposedly, the law of the land then you have a very long list of void legislation.  You will also find a long list of bureaucracies and institutions that could be wiped away from our state and the costs that go with them. Principally, we the several states agreed to form a union and created a servant federal government with very few delegated duties.  If that agreement, the Constitution, is void then we have a lot of work to do to “reconstitute” a union.  As sovereign individuals, living in sovereign state members of a union, we must find ways to maintain our property and our rights.  John Locke, a philosopher who created the basis for what would become the American Enlightenment codified by Thomas Paine, famously wrote about security of property:

 

“The reason why men enter into society, is the preservation of their property; and the end why they chuse and authorize a legislative, is, that there may be laws made, and rules set, as guards and fences to the properties of all the members of the society, to limit the power, and moderate the dominion, of every part and member of the society: for since it can never be supposed to be the will of the society, that the legislative should have a power to destroy that which every one designs to secure, by entering into society, and for which the people submitted themselves to legislators of their own making; whenever the legislators endeavour to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience

 

Would “reduce them to slavery under arbitrary power” be relative to the IRS and the last three “stimulus” bills?

 

New Hampshire is the first of many states to begin the process of regaining their lost National Guard Troops from our interventions overseas.  New Hampshire representatives are putting forward a House Bill to establish a Permanent State Defense Force, justified in part that, “The general court finds that a large portion of the New Hampshire national guard has been and is on active duty outside the boundaries of the state and, therefore, finds it prudent to heed the recommendation from the Department of Homeland Security to establish a permanent state defense force by revising the militia statutes relative to the state guard.”  The bill establishes thatThe governor is hereby authorized and required to organize and maintain within this state, under such regulations as the Department of Defense of the United States may prescribe for discipline in training, and otherwise in general conformity with existing law, regulations, rules, and practices pertaining to the national guard, military forces to defend this state from invasion, rebellion, disaster, insurrection, riot, breach of the peace or imminent danger thereof, or to maintain the organized militia.”

These resolutions and bills are a good start, but we must be realistic on their chances.  In a recent You Tube (Jefferson Blow off Part 1 & 2) there is a discussion in committee in New Hampshire about the Tenth Amendment bill.  No member of the committee speaks against it, yet it is still voted down.  These efforts may seem to be pushing a rock uphill, yet we should not be deterred.  On February 10th, some members of the Liberty Restoration Project went to Jefferson City, Missouri with Campaign For Liberty members and others to speak for the Tenth Amendment Resolution as well as a bill against the REAL ID Act.  After the committee hearing, they visited the floor of the State House and heard language those of us in the Freedom Movement often use: “sovereignty, federal intervention, states rights”.  Is it possible some are listening?

This may only be the beginning, but it HAS BEGUN.  What is needed now is for the citizens to support these brave representatives.  And they are brave, facing ridicule, loss of campaign funds, and if the movement grows, increased media opposition.  If your state has resolutions in committee, or about to be proposed, please call your representatives.  If you can, make it to the capitol and testify.  To prepare you can access many sources, including the Federalist and Anti-Federalist papers, and reading “Common Sense” again can give you some great quotes.  We can, and we must, convince our fellow citizens that it is imperative to Restore the Republic. 

When Revolutionaries Visit The General Assembly

Thursday, February 19th, 2009

by Kevin L. Kobe


Just Two weeks ago, members of Kansas City’s Liberty Restoration Project arrived in Jefferson City just seconds before the 8:00a.m. Special committee on families meeting. Several persons were hoping to view a debate on abortion issues. However, one clause in HR 212 derailed the debate. LRP was hoping to state our case.

It was not our case to make, however, it was the case of the Tenth Amendment to the Constitution of the United States of America. It was the case of the sovereignty of the state of Missouri to stand superior in the creation of laws within its borders. It was something that I personally felt that Missouri Legislators should look at as job security.

This is exactly what I had testified to during my few moments to speak to the house committee. When the federal government can overturn state laws at their every whim, why even have a body to make state laws?

The opposition to the bill, argued the normal Abortion rights issues, and argued that this bill seemed to be in opposition to a bill on the Federal level that had not been presented yet. They argued that Missouri’s laws were not in immediate danger, and that even if the Federal government overstepped their bounds, that these issues would be determined by the courts, as women’s health issues.

Again, The Constitution does not allow for multiple legislative bodies to be equals in conflict, with the courts deciding which differences are sovereign based on an individual’s rights. This would be legislating from the court bench. Also, the opposition offered an interpretation of the tenth amendment that focused on the last part of it. “Amendment X : 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.” They focused on a claim that the rights of a sovereign person are superior to the state. (assuming they mean the right to choose an Abortion is a person’s right first, superseding bodies of established government.) The question here is, How does a sovereign individual make a law? Through petitioning, and changing of the body of laws through a vote or through petitioning their elected representatives in State or Federal government.

The issue is not whether the “Freedom of Choice Act” or similar legislation becomes law in Missouri, the issue is whether the law is passed by the US Congress or the Missouri General Assembly (or the courts if you happen to agree with those who were in opposition to this legislation). We are a Republic. That means that even the voices not in the majority should have a say in the laws imposed on them. This is why we have state government. The United States may be one large body, but the insurance of freedom is dependent on different sections of the population being able to live under their own sets of values. What works for south-central Los Angeles might not work in rural Missouri. This is why it is clearly defined in the United States Constitution that it is a right of the state to decide how to proceed with dealing with these issues.

After the committee hearing on this bill, the members of Liberty Restoration Project were introduced on the floor of the General Assembly as special guests of Representative Cynthia Davis of District 19 – St. Charles County. Then we spoke with Representative Jim Guest momentarily, as the session began, before we went to some offices to request meetings with our own district officials. The whole day was very exhilarating to see in person the types of debates that go on in the halls of government, however, the brightest point for this activist did not happen inside the capitol building, but outside as we were leaving. There were protesters outside holding signs. One of them said “Tell Barack to get his peace on!” That is a federal government issue I can get behind!

Catherine’s Note: This bill was passed in the Missouri House under HR 294 last week!!