GARLINGTON: State-Level Resistance To DC Is Intensifying

The late start of Louisiana’s regular legislative session has some advantages, one of the main ones being that our State can duplicate the good bills that have been introduced and/or passed earlier in other State legislatures in this same year rather than waiting till the next year to enact them.  As it regards measures to nullify unlawful, harmful federal acts, there are a few from 2023 that are particularly noteworthy.

First is Tennessee’s bill that allows the State government to purchase precious metals.  In light of unending inflation and bank crashes, this is particularly important.  Via the Tenth Amendment Center:

Yesterday, the Tennessee Senate unanimously gave final approval to a bill that would create a process for the state to buy, sell, and hold gold and silver. This would set a foundation for Tennessee to achieve more financial independence and help undermine the Federal Reserve’s monopoly on money.

Rep. Bud Hulsey (R) and Rep. Monty Fritts (R) introduced House Bill 1479 (HB1479) on Jan. 31. Sen. Frank Nicely (R) and Sen. Adam Lowe (R)  sponsored the companion bill (SB529) in the Senate. The legislation would authorize the state treasurer to “purchase and sell gold or precious metal bullion or specie that will be directly owned by the state.”

. . .

In practice, the enactment of HB1479/SB529 would allow the state of Tennessee to hold reserves of gold, silver, platinum, and palladium coins and bars.

On March 6, the House passed HB1479 by a 98-0 vote. On March 13, the Senate substituted the House bill for SB529 and passed the measure by a 33-0 vote.

Unanimous passage – note that well:  Tennessee legislators apparently have such a low level of trust in the federal government/Federal Reserve ‘Bank’ that both Democrats and Republicans (i.e., both hardcore libs and conservatives) are clamoring for a sound money alternative for their State.

Next is an action from Montana nullifying the latest unconstitutional ATF rule, also via TAC:

On Feb. 8, Montana Governor Greg Gianforte sent a letter to U.S. Attorney General Merrick Garland informing him the state will not enforce the recent ATF rule on pistol braces based on a state law prohibiting enforcement of some federal gun control that was passed in 2021.

Pistol braces serve as stabilizers that enable a shooter to fire with one hand. On Jan 13, the  ATF issued a rule authorized by an unconstitutional executive order requiring potentially any gun equipped with a pistol brace to be registered with the feds.

. . .

In 2021, Montana passed a law prohibiting police officers, state employees, and employees of any political subdivision of the state from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of any new “federal ban” on firearms, magazines, or ammunition. A “federal ban” is defined as any federal law, executive order, rule, or regulation that was enacted after Jan. 1, 2021, “that infringes upon, calls in question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory.”

The pistol brace registration rule clearly falls under the law’s definition of a “federal ban.”

Gov. Gianforte’s letter informs the U.S. attorney general that, “As a matter of law, the State of Montana and its political subdivisions cannot enforce, or assist the ATF with enforcement, of this rule.”

But the most important move, perhaps, comes from 19 States that have banded together to veto the Biden administration’s rule that strong-arms investment firms to use woke ESG criteria when making investment decisions.  Daniel Horowitz writes,

In announcing a 19-state alliance against the environmental, social, and corporate governance jihad on American values and liberties, DeSantis has actually done something more significant and impactful than potentially running for president. Many of us believe the federal government is irremediably broken. But what do you do when your own government turns on you and violates the essence of the social compact on every issue that matters pertaining to the core tenets of establishing justice, ensuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty?

You push back using the doctrine of the lowest magistrate through a coalition of state governments. On Thursday, DeSantis announced that he had formed an alliance with the governors of Alabama, Alaska, Arkansas, Georgia, Idaho, Iowa, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Vermont, West Virginia, and Wyoming to take a number of actions to interpose against Biden’s ESG agenda.

He goes on to write this key paragraph:

Even with strong anticipation that he will enter the presidential race, DeSantis highlighted the fact that a good president alone will not save us, nor do we have to wait until 2025 to live freely. “It’s not all just about who ends up running for president,” said DeSantis in a recent interview with Fox News’s Brian Kilmeade. “That’s important, because I think nationally, we need a change in direction, but I think our individual states do have the capacity to drive the national agenda. You know Florida drove the national agenda on so many things – on having kids in school during COVID, on opposing the employer vax mandates … we’ve led the way. I’d like to see a competition amongst all the red states, about, you know, who can kind of outdo each other. So I do think it’s a blueprint for other states. I do think it can be applied nationally, but it’s less about me than about, I think, the underlying principles that we need to restore our country.”

This is vital!  The States don’t have to cower like whipped dogs under the porch every time the federal government oversteps its prescribed boundaries.  They can and should fight back with fierce determination.  This is precisely what the founding generation thought should and would happen, as shown in Federalist No. 46 (from the Horowitz article):


The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.

Tennessee has introduced a model all-purpose nullification bill that comports very well with that sentiment.

Now it is Louisiana’s turn.  Will our State legislators introduce acts that will make us allies of these courageous and prudent States?  Will the Republican Party of Louisiana wise up and start promoting State and local nullification (sheriffs and juries could be extremely helpful in all of this) to protect us from the federal government?  Will any of the candidates for governor speak in favor of such actions?

Or will they leave themselves and all the rest of us in the clawed hands of the predators in DC, Davos, and the board rooms of giant corporations?



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