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Taking Her Back!

May 30, 2011

Some recent events in our nation has made it clear to me that the people must stand up and say NO to the ever corrupt Federal Government.  Bloody revolution is never an idea that pleases people, and can be avoided by simply exercising your constitutional rights.  I’m not speaking of the U.S. Constitution, I’m speaking of your State Constitution.  But what will it take for the people to stand up and fight?  When will Big Brother go too far and open the wind tunnel to freedom?  It seems that each week, we are losing more liberty to government control.  Mother Liberty has been kidnapped, it’s time to prepare for taking her back!

Let me talk about those recent events that have occurred.  In Washington D.C.   The Defense Authorization Act or H.R. 1540, aka The Forever War Act of 2012, was overwhelmingly approved by the House of Representatives earlier today on a vote of 322 to 96.  The Senate will now vote on its own version and then the two bills will need to be reconciled before going to Barry Obama for his signature into law.

The law authorizes the United States to use military force anywhere it says there are terrorists, including within the borders of our own country. It represents the largest hand-over of unchecked war authority from Congress to the executive branch in modern American history.  The founders were seriously opposed to handing this much power over to executive, fearing tyranny. If enacted into law, this provision will make Obama a dictator who can wage war without the consent of the American people.

No U.S. president should have this much power.  Our Constitution is a system of checks and balances against this kind of power, yet the Congress, in the name of keeping us safe against some boogieman with a towel in his head.  Considering that our government has named veterans as possible terrorists, along with TEA partiers and Ron Paul supporters, this should scare the crap out of all of us.  I don’t want Predator drones flying over our houses taking pictures, or worse yet, shooting missiles at people.

The U.S. Department of Justice sent a letter to House and Texas Senate leaders Tuesday — reportedly in person — threatening a shut-down of airports if HB 1937 is passed.   The letter claims Rep. David Simpson’s (R-Longview) anti-TSA-groping bill is against federal law and the Supremacy Clause of the U.S. Constitution.

May 24, 2011

[On U.S. Department of Justice, Western District of Texas, stationery. Addressed to Speaker Joe Straus, Dewhurst, the House Clerk and the Senate Secretary]

Dear Leaders,

I write with regard to HB 1937, which I understand will imminently be presented to the Texas Senate for a vote.

This office, as well as the Southern, Northern, and Eastern District of Texas United States Attorneys, would like to advise you of the significant legal and practical problems that will be created if the bill becomes law. As you are no doubt aware, the bill makes it a crime for a federal transportation official (“TSO”) to perform the security screening that he or she is authorized and required by federal law to perform. The proposed legislation would make it unlawful for a federal agent such as a TSO to perform certain specified searches for the purpose of granting access to a publicly accessible building or form of transportation. That provision would thus criminalize searches that are required under federal regulations in order to ensure the safety of the American public. The legislation also makes it a crime for a public servant, as defined by the bill, to deny or impede another person in the exercise or enjoyment of any right or privilege, knowing that the public servant’s conduct is unlawful. As a result, it appears the intent of the bill is to preclude a TSO from turning away from the secure area of an airport someone who otherwise would have been subjected to a pat down as a condition of entry.

The effect of this bill, if enacted, would be to interfere directly with the Transportation Security Administration’s (“TSA”) responsibility for civil aviation security. 49 U.S.C. §114(d); 6 U.S.C. §202(1). Congress has directed the Administrator of TSA to take “necessary actions to improve domestic air transportation security,” 49 U.S.C. §44904(e), and directed him to “prescribe regulations to protect passengers and property on an aircraft … against an act of criminal violence or aircraft piracy.” ID. §44903(b). Congress has directed TSA to provide for “the screening of all passengers and property … before boarding,” in order to ensure that no passenger is unlawfully carrying a dangerous weapon, explosive, or other destructive substance. Id. §44901(a), §44901(a), §114(e). If the Administrator determines that “a particular threat cannot be addressed in a way adequate to ensure … the safety of passengers and crew of a particular flight, he “shall cancel the flight or series of flights.” Id. §44905(b). HB 1937 would conflict directly with federal law. The practical import of the bill is that it would threaten criminal prosecution of Transportation Security Administration personnel who carry out the security procedures required under federal statutes and TSA regulations passed to implement those statutes. Those officials cannot be put to the choice of risking criminal prosecution or carrying out their federal duties. Under the Supremacy Clause of the United States Constitution, Texas has no authority to regulate federal agents and employees in the performance of their federal duties or to pass a statute that conflicts with federal law.

If HR [sic] 1937 were enacted, the federal government would likely seek an emergency stay of the statute. Unless or until such a stay were granted, TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew.

We urge that you consider the ramifications of this bill before casting your vote.

Very truly yours,


John E. Murphy
United States Attorney

Despite the threats, which have no legal bearing, the Texas senate caved and did not vote on the bill.  While the Texas House passed this bill 138-0, to protect their citizens 4th Amendment rights, David Dewhurst, the Lt. Governor went on the Texas Senate floor and threatened the other Senators to pull their “yes” vote.  The bill was pulled.  The Texas government, at the time of this writing, have failed to protect it’s citizens constitutional rights, that are being destroyed each day in airports throughout the country.  There are 25 more states that will be attempting to protect their citizens with similar laws.  I’ll be watching these carefully.

But this leads us to a possible solution to the ever growing Federal Government intrusions into our lives.   All states have their own constitutions (you should read yours), and when the Federal government fails to protect your rights, that responsibility falls to the states.  Ultimately, it’s the peoples responsibility to defend their rights,  there is power in numbers.  In Pennsylvania, Ohio and Texas, the people have the right to abolish their state government as outlined by the Pennsylvania Constitution:

Political Powers
Section 2.

All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.

As you can see, it is the right of the people to stand up and protect their rights when their elected officials fail in this.  The people, by virtue of a majority of it’s citizens, can remove their respective state governments and replace it as they see fit.  The leaders of this action, would effectively become the new temporary government, which will enact the desired changes, and hold a future election.  In the interim, the temporary government can basically outlaw all U.S. Government activity within the state borders. 

There are some dangers to this.  If enough states  take this role, it will lessen the dangers, but they will still exist.  What will the Feds do?  Many will think that they would send in the military, but that is unlikely.  Our troops will not fire on the people, ever.  If this did occur, it would be the beginning of a bloody revolution that the citizens tried to avoid in the first place.  The states still have a National Guard and State Police to defend itself, and that threat should preclude a military type action by the Feds. 

If the number of states fell into a temporary government system, say 35 or more, and told the Feds to get lost, the Federal Government would become illegitimate, almost overnight.  That would end their control and the constant civil rights violations that are occurring each day.  The people, would have peacefully engaged in a revolution, without firing a shot.  The rescue of Mother Liberty from her captives ends, and the people were successful in taking her back.

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