Nullification

Kentucky agriculture head: Grow hemp, we’ll see what Justice Department does

"Kentucky’s Commissioner of Agriculture James Comer said Attorney General Eric Holder’s announcement last week of changes in the Justice Department’s marijuana policy could mean that the state can move ahead with industrial hemp farming. Comer intends to forge ahead with industrial hemp in hopes that federal policy will continue to mellow with regards to marijuana. 'This is going to happen sooner than many of us thought,' said Comer. Comer is sanguine enough about the outcome that he is already courting hemp processing companies in hopes that they will do business in the state. Kentucky Sen. Rand Paul (R) issued a statement supporting Comer on Wednesday." Continue reading →

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Gun Bill in Missouri Would Test Limits in Nullifying U.S. Law

The Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them here. A Missourian arrested under federal firearm statutes would even be able to sue the arresting officer. The law amounts to the most far-reaching states’ rights endeavor in the country, the far edge of a growing movement known as 'nullification' in which a state defies federal power. In a letter explaining his veto, Governor Jay Nixon said the federal government’s supremacy over the states’ 'is as logically sound as it is legally well established.' When the legislature gathers again, it will seek to override his veto.

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Vermont Completely Nullifies Federal Hemp Ban

"Vermont has become the most recent state to take a stand against the federal government and nullify the federal ban on hemp cultivation. Governor Shumlin signed the new bill into law in June. Vermont is actually the 9th state to lift the ban on hemp, and 20 states have introduced industrial hemp legislation for the 2013 legislative season. However, what makes Vermont unique is that the new law does not hold a stipulation or amendment requiring the federal government to first lift the ban on hemp cultivation. Much like Colorado, Vermont will proceed regardless of the federal law banning hemp cultivation." Continue reading →

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Florida Sheriff Arrested, Charged With Felony, Suspended For Protecting Gun Owner

"Rick Scott, Florida governor, stepped in and had Finch arrested. Governor Scott then appointed a new sheriff. Finch says he did not vote for the Governor. 'I’m not a republican, or a democrat. Just a man who believes in the Constitution,' says Finch. 'I do not expect to be convicted of the crime. However, I’ll fight it all the way to the Supreme Court if I have to. The state already made me an offer that if I resign they will drop the charges. To me, this means they do not have a case and it seems there are political motives to push me out rather than seek justice.'" Continue reading →

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Mellow mood at first Seattle Hempfest since pot legalization

"In the mid-1990s, McPeak recalled, police at Hempfest conducted undercover buy-and-bust operations, periodically slapping handcuffs on vendors of pot brownies and removing them from the premises. But this year, instead of writing tickets for public pot smoking — which remains forbidden in the state — police were handing out about 1,000 bags of Doritos tortilla chips bearing information on the state’s pot laws. 'It feels great that instead of issuing citations for public smoking, the police are issuing Dorito bags,' McPeak said. 'That seems like a big deal.'" Continue reading →

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Interview With Tom Woods On Nullification

"There were popular referenda that amount to nullification, we’re not going obey this particular law and people vote and agree not to do it. It can be the legislature. You have a special convention you call. Then the issue is we’ve nullified but what does that actually mean? What it would have to mean is the people of the state would be willing to stand by what they’ve done. I rather suspect that when we’re dealing with issues like the Second Amendment, which, even more than the Obamacare issue, the Second Amendment and the perception that Washington is hostile to the Second Amendment has done more to alert people to nullification than anything else." Continue reading →

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Seattle police distribute marijuana education via Doritos bags at annual Hempfest

"Seattle police plan to mingle with the 85,000 people expected to attend this year’s Hempfest to hand out bags of Doritos with information about what is and is not legal now that Washington’s Initiative 502 has been passed. The vote legalized possession and established a statewide system of regulations for the growing, processing and distribution of marijuana. The bags include a link to an FAQ on SPD’s website entitled 'Marijwhatnow? A Guide to Legal Marijuana Use In Seattle,' which explains the nuances of Washington’s new law." Continue reading →

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Utah Uses Eminent Domain to Seize Land of … Uncle Sam

"In March, Gov. Gary Herbert (R) signed a controversial law authorizing the use of eminent domain to capture some of the millions of acres that the federal government owns here. The law was tailor-made to provoke a lawsuit, possibly reaching the US Supreme Court, and to inspire other Western states to enact similar legislation. Other states have tried similar tactics and failed. For example, the US government controls about 80 percent of the land in Nevada. In a case in the 1990s, the state argued that this violated the equal footing doctrine, which holds that states should be treated equally when admitted to the Union. A federal judge rejected the case." Continue reading →

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Why So Much Faith in Supreme Court Justices?

"A quick reading of the decision in Dred Scott v. Sanford (1857) should cause any reasonable person to question the assumption of judicial infallibility, and the wisdom of granting judges the definitive and final say in all cases. In essence, the Supreme Court declared black people inferior and that even free blacks were not citizens under the Constitution. The court reasoned that since black people – even those not held in slavery – were not citizens and possessed no rights, Scott had no standing to sue in court." Continue reading →

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Courts Quietly Move From “May” Convict to “Must” Convict Jury Instructions Over 40 Years

"The Dougherty case began in 1969 when nine pacifist Catholic priests and nuns broke into the D.C. offices of Dow Chemical Corporation to protest the company’s production of Napalm for the Vietnam War. There were similar antiwar protests being staged elsewhere during the period, including the cases of 'the Catonsville Nine' (who burned draft board files), the 'Baltimore Four' (ditto), the 'Harrisburg Seven' (tried for mentioning the possible kidnapping of Henry Kissinger in intercepted letters), the 'Milwaukee 14' (tried for burning draft records), and the 'Harrisburg Seven' (tried for planning to arrest Henry Kissinger for waging an illegal war [..])." Continue reading →

Continue ReadingCourts Quietly Move From “May” Convict to “Must” Convict Jury Instructions Over 40 Years