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Action Alert

Maine LD 1172, the Intrastate Commerce Act Hearing

 

Thursday 1:30 pm - May 5, 2011

Joint Standing Committee on Judiciary

Room 438, State House in Augusta

12:30  Press Conference  

Welcome Center, Capitol Building 

 

Follow-up Committee Work Session

Monday 1:30 pm - May 9, 2011

same location

 

LD 1172, "An Act To Prohibit Enforcement of Federal Laws in Violation of the Constitution of the United States"

Seldom does a bill come before the Maine Legislature that is as important as LD 1172. This bill directly addresses the increasing regulatory pressure from Washington against Maine businesses and individuals. LD 1172 upholds the Interstate Commerce Clause of the U.S. Constitution by allowing Maine farmers, tradesmen and other individuals to ply their trades without interference from unfair federal mandates. The bill prohibits federal or state officials or government employees from enforcing any federal act, order, law, statute, rule or regulation that attempts to regulate goods grown, manufactured or made within the state for consumption within Maine.

  

Very recently, the Governor has decided to send one of his staff to testify in favor of the bill. They will request that the crimes section of the bill at the end be dropped. So, in considering your support for the bill, realize that the Class C and Class D crime sections will be dropped in the final version of LD1172.

TAKE ACTION

1.  Attend the Hearing 

We're trying to get 100 or more individuals who would be willing to travel to Augusta on Thursday, May 5. There will be a press conference at 12:30 in the Capitol building welcome center, and the hearing starts at 1:30pm. We need those who would just show up in support, and also those who would briefly testify at the hearing in favor of the bill, particularly those who have seen their work or business impacted by a Federal Law.

 

2. Submit Testimony at the Hearing

It's important  for our representatives to hear from Mainers. We are told that simple testimony about how a federal rule affected someone is the most effective. Please bring 20 copies of your testimony to present to members of the committee.

 

3. Contact Committee Members

If you can't attend, PLEASE send emails of support for LD 1172 to the members of the Joint Standing Committee on Judiciary.

 

The un-amended bill can be seen at:  

http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP087001.asp 

 

To download a copy, go to:  

http://www.mainelegislature.org/legis/bills/display_ps.asp?LD=1172&snum=125
MORE INFORMATION

Thank you.  It's hard work to change the course of our State, but if we all do our part it can happen!

 

 

John O'Donnell    

Monmouth, ME    

Home 207-933-3052.     

Cell 207-242-5629     

email: johno@mainegrassfed.us

 

More information posted at Tenth Amendment Center  

 

See below Key Topics for Testimony 

CONTACT MEMBERS DIRECTLY Legislators

PLEASE send emails of support for LD 1172 to the members of the Joint Standing Committee on Judiciary:

 

Sen. David Hastings            (207) 935-3175

Committee Co-Chair

Attorney

dhastings@hastings-law.com

 

Sen. Richard Woodbury      (207) 847-9300

Economist

Dick.Woodbury@legislature.maine.gov

 

Sen. Bartlett Phil                 (207) 324-4198

Attorney/Economist

phil@philbartlett.com

 

Rep. Joan Nass                   (207) 477-2607

Committee Co-Chair  

Retired Educator

RepJoan.Nass@legislature.maine.gov

 

Rep. G. Paul Waterhouse   (207) 409-2273

Retired

RepPaul.Waterhouse@legislature.maine.gov

 

Rep. Michael Beaulieu        (207) 784-0036

Retired Educator

mike@mikeformaine.org

 

Rep. Ralph Sarty                 (207) 452-2171

Retired Law Enforcement and Small Business Owner

rwsarty@fairpoint.net

 

Rep. Bradley Moulton          (207) 361-1532

Attorney

bsm149@localnet.com

 

Rep. Karen Foster               (207) 622-2930

Retired Business Owner

kdfoster@roadrunner.com

 

Rep. Charles Priest             (207) 725-5439

Lawyer

cpriest1@comcast.net

 

Rep. Cynthia Dill                 (207) 767-4303

Small Business Owner/Lawyer/Consultant

dillesquire@aol.com

 

Rep. Maeghan Maloney      (207) 513-7248

Attorney

maeghanformaine@gmail.com

 

Rep. Megan Rochelo          (207) 929-0110

Director of a Health Promotion Coalition

megan.rochelo@gmail.com

KEY TOPICS  KeyTopics 

Some key topics for LD 1172.

We need people to pick a topic to cover in short testimony.

 

All of these topics can be googled to find a wealth of information to prepare a short testimony. Testimony should be kept short.  It will be much better to hear from 40 people testifying for this bill than to have 10 people that ramble on. I've found that longer testimony can irritate the committee, no matter how good the message is. Remember, there is a sort of magic in a one page document!


1)     Other states that have passed this type of legislation:  Key to making the committee feel they won't be the first.

 

2)     Respond directly to Attorney General William Schneider, Assistant Attorney General  Paul Stern, and Joseph R. Reisert's Op-Ed stating that Maine cannot enact legislation that is in conflict with federal law

 

3)     Someone to testify from key industries who have experienced a federal law in their business

(a)   Farming, Agriculture, Home gardeners selling to neighbors

(b)   Fishing

(c)   Arts, crafts

(d)   Restaurants

(e)   Furniture, woodworkers

(f)    Small manufacturers selling in state

(g)   Identify some service providers doing in-state work

(h)   Construction, Building trades

(i)     Others?

 

4)     Key points why states have the obligation to file this law (James Madision, etc.).

 

5)     Kentucky resolution, Washington, Jefferson

 

6)     Living Constitution concept vs  Originalist interpretation

 

7)     Why many lawyers will oppose it: Deliberate neglect of the Constitution in law schools, for Instance one can get a law degree from Harvard without ever taking a class in U.S. Constitutional law

 

8)     Wickford v Filburn 1942 Supreme court case quoted me by the attorney general as to why the U.S. has the right to regulate intrastate commerce.  Why this is a bad case to use: (Roosevelt stacking the court, etc.)  When one talks about the details of this case, it is really apparent that this ruling was a travesty, yet our attorney general and others frequently quote this case.

 

9)     Recent Supreme Court rulings upholding our claim of 10th amendment, commerce clause, etc.

(a)   Medellin v Texas (2008), Court finds that while International Treaties may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty is "self-executing"; that decisions of the International Court of Justice are not binding domestic law; and that, absent an act of Congress or Constitutional authority, the President of the United States lacks the power to enforce international treaties or decisions of the International Court of Justice.

 

(b)   Printz v U.S. (1997), In the majority opinion, Scalia refers to the "dual sovereignty" established by the U.S. Constitution that federalism is built upon. His opinion states that the Framers designed the Constitution to allow Federal regulation of international and interstate matters, not internal matters reserved to State Legislators.

 

(c)   New York v United States (1992), The federal government may not "commandeer" the state governments by directly compelling them to participate in a federal regulatory program.

 

(d)   United States v Butler (1936), ruled that making the payment of a government subsidy to a farmer conditional on the reduction of his planned crops went beyond the powers of the national government.  That the act invades the reserved rights of the states.  That a statutory plan to regulate and control agricultural production is a matter beyond the powers delegated to the federal government.

 

10)  Not a Democratic vs Republican Issue, an American issue (We need both parties for this bill)

 

11)  Topic of many federal laws written by the UN, or WTO, or other Int'l bodies (treaties)

 

12)  Specific Federal Legislation that interferes with intrastate trade

(a)   Food Modernization and Safety Act

(b)   Others - get a list and have one person for each bill


13)
Are we witnessing a con
certed international/federal effort to bankrupt small businesses?

About the Farm-to-Consumer Legal Defense Fund:

FTCLDF is a 501(c)(4) non-profit organization made up of farmers and consumers joining together and pooling resources to protect the constitutional rights of the nation's family farms and the consumers who patronize them. 

 

Visit www.farmtoconsumer.org or call 703-208-3276    

Maine State House

Maine State House

More Hearing Details at Tenth Amendment Center

Quick Links 

Unamended LD 1172 

 

Joint Standing Committee on Judiciary

 

Who Represents Me?  

   

Learn More about  Maine Chapter - Tenth Amendment Center

 

Maine Food Sovereignty Effort  

     

10th Amendment Nullification Movement