About

What do we do when the federal government violates the Constitution every day in myriads of ways?

Enforce the Constitution!

Texas officials should honor their oaths to defend the Constitution by stopping the feds when thy commit unconstitutional acts.

The Constitution Cannot Protect Us Unless We Protect the Constitution.

The root cause of our political problems is that no one is enforcing the Constitution.  The federal government engages in multitudes of activities not delegated to the feds in the Constitution.

Constitutional Enforcement  -  Our Path Back to Constitutional Government

Texans know that an out-of-control federal government will destroy us.  An insatiable federal government will never limit itself.  We can only restore our Constitution, our liberty, our state, and our union by enforcing the Constitution to stop unconstitutional federal acts.

Texas is the only power that can stand up to federal tyrants to save our Constitution.  We have to persuade Texas officials to honor their oaths and stop the feds as the commit unconstitutional acts.

An act by a fed under the color of unconstitutional law is null and void.  Attempted enforcement by feds violates the Texas Penal code, including the Texas Official Oppression Act.

The Constitution is not a self-enforcing document.  We have to take action here in Texas to stop the destruction of our liberty.

The Supreme Court is not protecting the Constitution!

Art. VI of the Constitution says that it is the Constitution that is supreme - not the Supreme Court or the federal government.  Art. VI also requires EVERY member of government to swear an oath to support the Constitution.

The way we protect the Constitution is to convince our local and state governmental officials - including law enforcement - to stop unconstitutional federal acts.

RESIST, DEFY, NULLIFY!

Resistance to tyranny was the spirit of the founders that created our liberty.  Jefferson said, "Rebellion to tyrants is obedience to God."  Texas was born in that spirit:

Come_and_Take_It_flag.jpg

Actions needed for enforcement:

  • Urge our Sheriffs, DAs, AG, and governor to take action to stop unconstitutional acts in Texas.
  • Urge all Texas officials to not implement unconstitutional acts.
  • Encourage Texas officials to exercise independent judgment about constitutional meaning.
  • Pass Texas legislation to streamline formal declarations of federal unconstitutionality by any branch of state government. (See Texas Sovereignty Act)
  • What's New

    Texas Legislative Executive Overreach Limitations Status Report

    Texas is watching this legislative session to see whether our legislature will insure that the tyranny in the name of COVID that Texans endured this last year will never again be repeated in Texas.

    Texans do not believe the big lie perpetrated by the establishment that dictatorial power saves lives during a pandemic.  We know that dictatorial command and control destroys lives and livelihoods and it kills people.  We know that freedom provides Texans the flexibility to adapt to what nature throws us.  Freedom allows us to take the risks we want in light of our own circumstances, life goals, and risk tolerances and it allows us all to maximize the happiness for ourselves and our families.

    We want our government to surge resources where they are needed during a disaster and to provide information to us so that we can make decisions for our families that we think will best help them survive and thrive.

    We recognize that the Texas Constitution does not allow dictatorial action during emergencies.  We understand – as the framers of the Texas Bill of Rights understood -- that if bad actors in government think they can gain complete control of us during emergencies, they will manufacture emergencies to get that control.

    If there is a watchword for where we go in the future, it has to be, “A government’s GOT to know its limitations.”

    We know that the Texas Bill of Rights is a list of limitations on government power during an emergency.  We liked the first sentence written by the Texas Supreme Court on those limitations as COVID progressed, “The Constitution is not suspended when the government declares a state of disaster.”  But we were disgusted when that very court has used procedural dodges to allow the executive branch at multiple levels to violate numerous provisions of the Texas Bill of Rights during this last year.

    So, how are we supposed to fix this for the future?  The legislative answer lies primarily in what we do about modifying the statute called the Texas Disaster Act (Chapter 418 of the Texas Government Code), which the executives in Texas at the state, county, and municipal levels claimed was a delegation of power to them by the legislature during a disaster.

    Two issues not mentioned often enough are: 1) the executives seized power way beyond that delegated by the Texas Disaster Act, and 2) the executives seized power that violated the natural rights of Texans protected by the Texas Bill of Rights.  The whole idea of natural rights and the protection of them in Bills of Rights is that NO actor in government can violate them.  In other words, delegation of the power to violate the rights of Texans to an executive is not the legislature’s to give.

    The Texas Disaster Act is a delegation of power during disasters to executives to take immediate action needed to protect the lives and property of Texans.  But, because we know that the list of limitations in the Texas Bill of Rights tends to be ignored and not protected during disasters, we must add more clear, written limitations in the Texas Disaster Act’s delegation of power.  If that means we have to write in some of the limitations in the Bill of Rights into the Texas Disaster Act, so be it.  Obviously, when it comes to limiting government, you have to repeat yourself to be heard.

    So, what limitations do we need to explicitly write into the Texas Disaster Act for the future?  Consider this to be the wish list for what legislation we need to see come out of this legislative session:

    • Lockdowns never again – they destroy livelihoods and dreams and fortunes and violate the natural right to earn a living, assemble, and due course of law.
    • Government should never intrude between a patient and a health care provider or presume to privilege patients with one disease over another – how many people died from lack of treatment for cancer and other diseases due to ham-handed efforts to open up beds in hospitals for COVID?
    • Don’t mess with Texas churches – never again violate the rights of Texans to worship or assemble.
    • Don’t mess with Texas firearms or firearms availability.
    • No mandatory vaccinations – the natural and unalienable right to refuse vaccinations should not be infringed. Unalienable rights cannot be bargained away, and therefore vaccinations cannot be made a condition of employment, travel, education, governmental service, etc.
    • No mask mandates by government – mask mandates falsely presume individuals to be guilty of being a threat to others without even a chance of proving innocence, thereby violating the most fundamental premise of due course of law. They are based on junk science and do not work, and Texas government should never again foist this placebo, feel-good sham on the public.
    • No creation of tort liability by government bureaucrats – make sure that it is very clear that a bureaucrat’s opinions about what is best do not become a duty in Texas tort law that must be complied with to avoid civil liability.
    • If legislators are going to delegate power to the executive to suspend laws, guidance as to limits and purpose must be included in the delegation – Art. 1, Sec. 28 only allows the legislature to suspend laws. If that clause of the Texas Bill of Rights means anything, it must mean that any delegation has guidance and limitations.
    • Open ended criminal penalties in the Texas Disaster Act must be removed altogether or any penalties therein assigned to specific acts – defining a criminal penalty and allowing a future dictator to make up any act he or she wants use the punishment on is a quintessential violation of the Article 2 separation of powers provision of the Texas Disaster Act.
    • State agencies should not be turned into armed, enforcement officers for executive edicts in the future.

    If these limitations are added to the Texas Disaster Act, the worries about a governor becoming a dictator will be far less.  But there is one more structural change needed to procure liberty for our posterity.  We need to get the legislature quickly involved in decision making in widespread disasters.

    So where are we so far this session in progress toward this vision?

    SB 1025 by Senator Birdwell has passed the Senate and is now in the House State Affairs Committee.  It does a number of things, the most significant of which is that it insures that executive action will never again create lockdowns in Texas.  It also implements a proposed constitutional amendment to require legislative action to extend widespread disasters (or emergencies) beyond 30 days.

    SJR 45 by Senator Birdwell is the proposed constitutional amendment that requires legislative approval to extend a widespread disaster or emergency beyond 30 days.  Constitutional amendments require 2/3 approval in both chambers and a vote of the people.  The governor has no say in the process of amending the Texas Constitution.  I expect that the House will provide an overwhelming bi-partisan vote for this proposed amendment.  It passed the Senate with only one vote in opposition.

    Companion bills SB 18 (Brandon Creighton) and HB 1500 (Cole Hefner) have passed their respective chambers with only a small difference in wording between them.  They limit future executives from messing with guns, gun sales, and shooting ranges in future disasters.

    Companion bills SB 26 (Angela Paxton) and HB 1239 (Scott Sanford) limit future executives from closing or limiting the capacity of places of worship.

    HB 3 was planned by House leadership to be an omnibus bill limiting executive overreach, but despite its limitations on firearms and religious gatherings and an attempt to address civil liability, the grassroots viewed it as a bill that ratified and codified what happened, falling far short of what was needed to prevent future executives from engaging in tyrannical acts.  The outcry about HB 3 was so great, that the consensus at the Capitol is that it is dead.  Therefore other vehicles will be used to achieve limitations on future executives during disasters.

    So, how do we get more than just a call of the legislature after 30 days of widespread emergencies, and limitation on lockdowns, firearms restrictions, and infringement on religious liberty?

    Most political players realize that the only legislative vehicle where additional limitations can be added as amendments is SB 1025 as it moves through the House.  The firearms and religious liberty bills are single topic bills that make amendment under parliamentary rules difficult.  Only SB 1025 is broad enough in scope to allow amendment at this stage of the game.

    As of this writing, Senator Birdwell has not yet found a House sponsor to steward SB 1025 through the House.  I am told that he expects to negotiate that by the middle to end of next week (April 23).

    It is time to start talking to motivated House members or the House sponsor to prepare amendments for SB 1025.  I certainly plan to do that!  An engaged grassroots still has the ability to improve that bill to get us to what we need to protect the liberty of our posterity in Texas.

     

    Tom Glass

    Texas Constitutional Enforcement

    www.txce.org

    Continue reading →
  • Executive Overreach Path Forward

    I write this to engage the grassroots of Texas in a conversation about how we can achieve meaningful legislative limitations on executive action during future emergencies – especially pandemic emergencies - during this legislative session. I am writing primarily because in the next few weeks, we have a narrow window to influence where legislation designed to stop executive overreach will go.

    What is our Goal?

    Before I dive into the details of legislative strategy, let me articulate, based on conversations with a number of grassroots leaders, what we are trying to achieve. We want delegation of emergency power to the governor that allows him to surge resources to first responders, but we do NOT want the governor to think he has the ability to assume lawmaking or dictatorial power that violates the natural rights of Texans during emergencies.

    One of the great disappointments of the last year’s COVID tyranny is the slowness with which the judiciary has engaged to stop the violations of the natural rights of Texans protected by the Texas Bill of Rights. But the very first sentence issued by the Texas Supreme Court on the first issue relating to COVID was, “The Constitution is not suspended when the government declares a state of disaster.In re Abbott, Case No. 20-0291, April 23, 2020.

    And of course, Article 1, Sec. 29 of the Texas Bill of Rights says, “we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate . . .” What this means is that NO branch of government has the power to violate the natural rights of Texans, even during an emergency. Therefore, the legislature does not have the power to delegate to the governor something which they, themselves, do not have.

    The bottom line lesson that we should have learned during this past, dark year is that not only is most of what was done via executive order in Texas unconstitutional, the orders actually hurt Texans more than the disease in whose name the orders were issued.

    The flexibility of freedom allows us to cope better with what nature throws at us than command and control. Dictates from on high destroys lives, livelihoods, and happiness.

    The bottom line on what we need for future emergencies is less open-ended power delegation and more explicit limitations on whatever emergency power is granted from the legislature to future executives.

    Toward that end, the following limitations are needed on grants of emergency power in the future:
    No open-ended criminal penalties with unlimited, fill-in-the-blank acts defined by future executives. If separation of powers means anything, it means that the executive does not get to make up what acts are to be punished in the future. The open-ended criminal penalties in the existing Texas Disaster Act need to be repealed, and no open-ended criminal penalties should be defined in any new statutes. “Force and effect of law” language in the Texas Disaster Act is a lie. There are no magic words that turn the definition of a criminal act by the executive into
    No governmental triage or interference between health care providers and patients – health care professionals have the training, experience, and knowledge of the facts on the ground to determine who should get medical treatment in high demand situations.
    The following violations of natural rights and the Texas Bill of Rights cannot be delegated by the legislature and must be explicitly limited in any legislative grant of emergency power:

    1. Lockdowns of businesses or public meetings or business capacity limits – violation of natural right to earn a living, freedom of assembly, or worship. State regulatory agencies should also be stopped from issuing lockdowns or capacity limits.
    2. Mask mandates on individuals or to businesses – violation of due course of law – presuming all to be guilty of being a threat to others.
    3. Mandatory vaccinations – violation of natural right to control one’s own bodies and health.
    4. Firearms and ammunition sales – violation of natural right to keep and bear arms.

    No change of election laws by the Secretary of State – this violates separation of powers and has been proven to damage election integrity in other states.
    No implicit or explicit creation of additional duties in negligence law – when providing safe harbors for businesses during a pandemic, be clear that bureaucratically created standards do not create any new duties in tort law.
    Legislative involvement in the extensions of certain types of emergencies - If the previous limitations are codified, the need for a special legislative session to address emergency powers should be far less than it has been over the last year. Depending on how that is implemented, that may or may not need a constitutional amendment.
    Explicit statements of standing and instructions to the judiciary for expedited review for challenges to acts of the executive claiming to act under grants of emergency power.
    Delegated emergency power should be managed by the governor – we do NOT want every mayor and county judge becoming local dictators during emergencies.

    Legislative Lay of the Land and Strategy

    Despite a number of bills being filed, House leadership tells us that they plan to use one omnibus legislative vehicle for executive overreach during this legislative session – HB 3, authored by Calendars Committee Chair, Dustin Burrows.

    As originally filed, and even with modifying amendments embodied in the committee substitute (CSHB 3) that was heard in the House State Affairs Committee on Thursday, March 11, the grassroots were rightfully opposed. The bill’s architecture was to create a chapter in the Texas Government Code for pandemic emergencies that duplicated the grant of power for other emergencies in the Texas Disaster Act. The bill then added three limitations from the beginning: no violation of gun rights and religious liberty, and liability protections for business.

    The problem with the bill is that it left out all of the other limitations mentioned above, implicitly codifying and ratifying the medical intervention, lockdown, and mask tyranny of the past year.

    The originally filed bill did nothing to allow legislative involvement in response to the emergency in between regular sessions. The committee substitute included a specially appointed legislative committee with oversite over the governor during pandemic emergencies. This half-way measure was wholeheartedly rejected by the grassroots.

    At the hearing, Chair Burrows said as he laid out the bill that he welcomed input on how to improve his bill. Upon consideration, I realized that given the architecture of the bill, we could make it into a good bill by, in most circumstances, adding to the limitations of the grant of power to the bill. So, I wrote up eight amendments to that effect and submitted them to Chair Burrows that implemented most of the limitations mentioned above. (See: https://www.txce.org/proposed_amendments_to_cshb_3 )

    On, Tuesday, March 23, I met with Chair Burrows to discuss my amendments and his bill. He told me that he had already asked his staff to incorporate some of my limitations (including the mask mandate). And that he welcomed proposed floor amendments from the list I proposed that he chose not to add now. He also said that he was unsure whether he should proceed with moving the bill because the grassroots have been so effective in their criticism of the bill, that he thinks its passage may now be difficult without grassroots help. He said that he is fairly confident that if he does not proceed with HB 3, that other bills filed in the House will not get the traction they need in time to make it through the legislative gauntlet.

    He said that given his understanding of Senator Birdwell’s bills on executive overreach that the constitutional amendment for legislative oversite of declared emergencies would not pass the House.

    I decided to do two things after the meeting. First, I have been talking to a few grassroots leaders that have been active on executive overreach and in opposition to HB 3 to see if they are willing to work with Burrows and the full House to try to fix HB 3 with my and a few other amendments. Second, I have talked to Senator Birdwell’s staff, urging two things – 1) that Senator Birdwell start a conversation with Chair Burrows over how to hammer out something that both can sign on to, and 2) about adding the key points of our vision to his bill.

    Senator Birdwell’s staff told me that indeed, they are working on committee substitutes of their own for HB 1025 and SJR 45. Those committee substitute bills (which are as of this writing are not available) will be heard this coming Wednesday, March 31 in the Senate State Affairs Committee that Senator Birdwell Vice Chairs. They also told me that they would talk to Senator Birdwell about doing what he can to start thinking about the end game with the House on executive overreach legislation.

    Senator Birdwell’s bills take a different architectural approach to Chair Burrows.  I am eager to see whether his approach will address the limitations on future emergencies that we need to get implemented.

    I am of the opinion that if the grassroots stays engaged with Chair Burrows and HB 3, that it indeed can become a good bill.  I am of the opinion that Senator Birdwell has the ability to deliver a good bill that can meet the objectives above, too.  I think we need to keep an open mind, be willing to negotiate, and stay alert as we go through the process of this complicated process over the coming weeks.

    I welcome feedback.  Do we need to stay involved in trying for a good bill this session?  Is that possible?  Is my strategy of staying engaged and pushing in both the House with HB 3 and in the Senate with SB 1025/SJR 45 sound?

    Continue reading →
  • Proposed Amendments to CSHB 3

    After listening to the Texas House State Affairs Committee testimony about Committee Substitute HB 3 on March 11, 2021, I will be submitting on behalf of the Texas Constitutional Enforcement eight listed amendments below.

    Click here for current CSHB 3 text.  Click here for a PDF version of the proposed amendments below.  Click here to see the archived video of the hearing.  The layout, discussion, and testimony began at about the 2:20 timestamp and goes for well over 6 hours.  The citizen testimony began around time stamp 5:39.  My testimony can be found at time stamp 5:52.  These amendments address my comments and the testimony of others.

    A lot of the discussion focused on how to get the legislature involved to reign in the governor or other executives if they become dictatorial.  I came up with my best solution on that in Amendment 7.  But I realized that most of the destruction wrought in 2020 was because there were not enough explicit limitations on the delegation of power to the executive in the original Texas Disaster Act.  Most of these amendments fix that problem by insuring that future executives will not think they have the power to become dictators or violate the natural rights of Texans as they assist our health professionals cope with increased demand.

    Amendment 1 – Prohibition of Command and Control Interference Between Patient and Doctor 

    Idea:  Many people testified about how the edicts by the governor to health care facilities to stop “elective” surgery in an attempt to free up space for anticipated COVID patients had the effect of causing deaths from other diseases like cancer that could have been avoided if not for the edict.  Sadly, it has been reported that many health institutions lost money due to these edicts because COVID demand did not materialize and desperately needed resources went un-utilized.

    The irony of this action is that while the propaganda was telling people to trust the experts, the government denied health care professionals with the most medical training and experience as well as the knowledge of the demand situation on the ground to make the decisions they were best suited and situated to make.

    The medical profession is trained to handle triage in high demand situations.  Command and control in such situations kills people.  Government’s role in high demand situation is to help surge resources – including personnel, housing, and PPE to meet demand.  If it tries to manage demand or privilege those with one disease over another, the deaths it causes can be higher than that caused by the pandemic.

    Government can legitimately help surge resources to meet demand for health care services, but it cannot legitimately or effectively tell health care service providers how to do handle a surge in demand, or impose dictatorial restrictions of natural rights in an attempt reduce demand for health care services.

    Suggested Amendment:  In Sec. 418A.004, add the following limitation:

    (11)  permit any governmental official to instruct a health care facility or professional to give preference for one patient or disease over another or defer treatment to some to free space for others.  Triage in high demand for health services is the responsibility of the provider, not government.

     

     

    Amendment 2 – Prohibition on criminal penalties with blank-check crime definition

    Idea:  If Article 2, the Separation of Powers provision of the Texas Constitution, means anything, it means that the executive cannot define the criminal act via executive order to which a statutorily pre-defined criminal penalty is applied.  Combining the definition of a crime with the enforcement of that crime into one branch is a quintessential violation of separation of powers.

    Saying that prohibition of an action to which a criminal penalty is attached is not a law, but has the “force and effect of law” is a deceptive sleight-of-hand.  A definition by an executive of prohibited action to which a criminal penalty is assigned is a rotten rose that by any name smells as foul.

    No open-ended criminal penalties should be included in either HB 3 or the original Texas Disaster Act.

    Removing the open-ended criminal penalties from HB 3 and the Texas Disaster Act will do more to stop future tyranny than any other legislative action.

    Suggested Amendment:

    1. Strike in its entirety, Sec. 418A.151 – PENALTY FOR FAILURE TO COMPLY WITH PANDEMIC COMPONENTS OF EMERGENCY MANAGEMENT PLAN

    2.      Strike in its entirety, Sec. 418.173 - PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT PLAN.

     

    Amendment 3 – Lockdowns Never Again 

    Idea:  It is lockdowns that created the economic damage and destruction of livelihoods, life savings, businesses, and dreams of millions of Texans, destroying the Texas Miracle. Lockdowns are tyranny that violates the individual, natural rights protected in the Texas Bill of Rights that “shall forever remain inviolate.”  No branch of government, executive or legislative has the power to impose lockdowns. As such, any response to this past year must clearly and unambiguously prohibit future lockdowns. Looking back, statistics now show that the only thing lockdowns flattened were liberty, lives, livelihoods, and health care. 

    Suggested Amendment:  In Sec. 418A.004, add the following limitation:

    (12)  permit any governmental official to force a closure of the business or limit the capacity of use of a business.

     

     Amendment 4 – No Mask Mandates 

    Idea:  Mask mandates violate due course of law as protected in Article 1, Section 19 of the Texas Constitution.  A fundamental principle of due course of law is presumption of innocence until guilt is proven.  Mask mandates presume everyone guilty of being a contagious threat to others, even though only small fractions of the population might be unknowingly dangerous to others.  Mask mandates build the presumption of guilt into the definition of the crime when there is no probable cause for such presumptions. Mask mandates are implemented in a way that disrespect many individual’s real inability to wear them. Mask mandates are based on junk science.  Although theories abound about why they help, the actual controlled tests of mask usage and actual statistical comparisons between similar demographic regions with different mask policies show no appreciable benefit from mask mandates, Mask mandates would never pass a scientific reliability causation challenge in a tort case in Texas. Mask wearing creates psychological and physical trauma in many. 

    Suggested amendment:  In Sec. 418A.004, add the following limitation:

    (13) permit any governmental official to impose mask mandates on the general public or fine businesses for not imposing mask mandates in their facilities. 

     

    Amendment 5 – No forced vaccinations / immunizations 

    Idea:  Every person has the natural, unalienable right to refuse vaccination.  Explicit prohibition of the power to force vaccination or make vaccination a condition of the provision of governmental service, travel, or employment should be included in the bill. 

    Suggested amendment:  In Sec. 418A.004, add the following limitation: 

    (14)  permit any governmental official to force any individual to be vaccinated or to make vaccination a condition of travel, employment, or provision of any governmental service. 

    And, in Texas Health and Safety Code, Chapter 81.  Communicable Diseases, Subchapter E.  Control, Section 81.085 Area Quarantine; Criminal Penalty, Subsection (i) shall be stricken as follows:

    (i)  On request of the department during a public health disaster, an individual shall disclose the individual's immunization information.  If the individual does not have updated or appropriate immunizations, the department may take appropriate action during a quarantine to protect that individual and the public from the communicable disease. 

     

    Amendment 6 – No delegation of modification of election law to the Secretary of State


    Idea:  Article 2, the Separation of Powers provision of the Texas Constitution prevents the legislature from delegating the power to modify election law to the Secretary of State.  It is bad enough to delegate such power to an elected governor.  It is even worse to delegate to an unelected executive.

    Suggested Amendment:  Strike in its entirety, 418A.103.  LIMITATION ON ALTERATION OF VOTING PROCEDURES. 

    And, in Sec. 418A.004, add the following limitation:

    (15) delegate to any governmental official the authority to modify the Texas Election Code.

     

    Amendment 7 – Extension of Pandemic Disaster Beyond 30 Days Requires Legislative Approval 

    Idea:  Require legislative approval to extend a Pandemic Disaster beyond 30 days and prevent the call by the governor for a pandemic disaster that is the same or substantially similar to any declared disaster within the preceding 12 months. Stating this that simply forces the governor to call a special session under pre-existing rules if he thinks a Pandemic Disaster needs to be renewed or restarted for the same disease. This approach does not need a constitutional amendment and does not require a Pandemic Disaster Legislative Oversight Committee. 

    Suggested Amendment:   Remove Section 1 (which creates the Pandemic Disaster Legislative Oversight Committee) of the current CSHB 3 in its entirety. And, replace Sec. 418A.053 with the following: 

    Sec. 418A.053.  DECLARATION OF STATE OF PANDEMIC DISASTER.

    (a)       The governor by executive order or proclamation may declare a state of pandemic disaster if the governor determines that a state of pandemic disaster is occurring in this state or that the occurrence or threat of a pandemic disaster is imminent, and may terminate the pandemic disaster via executive order or proclamation if the governor determines that it is no longer needed.

    (b)       A state of pandemic disaster may not continue for more than 30 days unless renewed by the legislature.

    (c)        The governor may not declare a state of pandemic disaster based on the same or substantially similar finding for which a state of pandemic disaster was declared within the preceding 12 months.

    (d)       An executive order or proclamation issued under this section:

    (1) must include:

    (A) a description of the nature of the pandemic disaster;

    (B) a designation of the areas affected or threatened; and

    (C) a description of the conditions that caused the pandemic disaster or allowed the termination of the pandemic disaster; and

    (2) must be posted on the Internet website of the governor ’s office and any state agency whose authority is affected by the order or proclamation.

    (e) The governor shall:

    (1) promptly disseminate an executive order or proclamation by any means intended to bring its contents to the attention of the public; and

    (2) unless the circumstances related to the pandemic disaster prevent or impede the filing, promptly file the order or proclamation with:

    (A) the division;

    (B) the secretary of state; and

    (C) the county clerk or municipal secretary in each  area  in  which  it  applies.

     

    Amendment 8 – Explicitly state that a Pandemic Disaster does not create a new legal duty in a negligence claim 

    Idea:  Prohibit anyone from thinking that the declaration of a pandemic disaster creates any new legal duty for a negligence claim. 

    Suggested amendment:  In Sec. 418A.004, add the following limitation: 

    (16)  create any new legal duty for a negligence claim.

    Continue reading →
  • Make Texas a Sanctuary State for the Constitution

    This is another way of describing the mission of Texas Constitutional Enforcement.

    Hat tip to Glenn Beck for coining the term. He came up with "Sanctuary State for the Bill of Rights," but we think it should be for the entire Constitution.

    Continue reading →
  • Glenn Beck Wants Sanctuary States for the Bill of Rights

    Mark Meckler, the founder and president of Convention of States (CoS), appeared on Glenn Beck on Monday, January 26, 2021, to discuss the progress of the application for a convention that CoS has been pushing (and that passed in Texas in 2017).

    Mark told Glenn that 16 states of the necessary 34 have made the application so far. Glenn asked the question about how soon Mark expected the application to reach the 34 states that will trigger a convention, clearly expecting it to get done quickly. He was disappointed to hear that Mark did not expect the number to be completed until the end of 2024.

    When asked, Mark blamed the John Birch Society for slowing the progress. He also said that only 31 state legislatures are GOP controlled, and that Democrat legislatures are less likely to pass the CoS application.

    Toward the end of the interview, pretty obviously because he was hoping that CoS could be a solution to our short term tyranny problem, asked about turning states into "Sanctuary States for the Bill of Rights." He said his idea of that was that when the federal government was violating the Constitution, states would say, "We are not going to do that. We are just not." He worried that the feds would intimidate states into not doing that by withholding federal funds. Then he asked Mark Meckler what he thought about that as an interim solution until CoS kicked in.

    Mark Meckler said he thought that was a fine idea!

    For those of you who have been living in the trenches fighting for constitutional enforcement, you recognize that this is HUGE news. To my knowledge, Glenn Beck has never talked about our idea. It is fantastic that he is thinking about it, and I love the name he gives it. And, the other change, here, is that this is the first time I have heard a CoS leader acknowledge that they thought constitutional enforcement was constitutional. Historically, they have said that constitutional enforcement was illegitimate and that CoS was the ONLY way to stop the federal government from running roughshod over us.

    Mark also mentioned his opposition to secession along the way, even though it is clear that he thinks the push for it very evident. His main objection to secession is that he does not think it can happen peacefully.

    We in Texas Constitutional Enforcement will keep on preaching and advocating for the Lone Star State unilaterally enforcing the Constitution within its borders, using the Texas Sovereignty Act (HB 1215) as our flagship vehicle.

    I hope that Glenn Beck figures out that the Texas Sovereignty Act is the mechanism by which Texas becomes a Sanctuary State for the Constitution and Bill of Rights!

    Note that officially, this group does not take a position on CoS or secession. Our uniting principle is that we want our liberty protected, and we think that enforcing the U.S. Constitution against the feds (and the Texas Constitution against state officials) is the strategic way to win our liberty back. We have people in this group who support CoS and vehemently oppose it. We have people in this group who want to move quickly to secession and those who do not think that the prudent path to liberty yet. We recognize proponents of CoS and secession as people who share our passion for being free and consider them to be fellow travelers. We just prioritize constitutional enforcement as the quickest path to liberty.

    Continue reading →
  • See all posts

Showing 2 reactions

Please check your e-mail for a link to activate your account.
  • Tommy Howe
    commented 2018-11-04 10:26:16 -0600
    I just joined and I am looking for the petition to sign….where is it?
  • Von Arney
    commented 2018-05-25 09:09:44 -0500
    My heart sings because we have a chance for States and We The People to take back their rights, stop National intrusion into State affairs.

    God Bless Texas and the men and women leading this charge.

    This fight can be won.

    Join the fight and be a part of history.