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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:

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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 State Level Independent Prosecutor Needed

    The Court of Criminal Appeals (CCA) in State v Stephenson last year said that the legislature cannot delegate independent prosecutorial authority to the Attorney General (AG).

    That is terrible news on several fronts. First, we are not very likely to get any substantive election fraud prosecutions out of the very places we need it, the big counties that are controlled by Soros-funded District Attorneys hostile to election integrity.

    Second, the Texas Sovereignty Act as written calls for the delegation of independent prosecution of the Official Oppression Act by the AG, and that provision of the bill as written is now Dead On Arrival.

    Finally, the Soros-funded DAs in big counties are not just refusing to prosecute election integrity.  They are not prosecuting a host of other laws, as well.  They let the 2020 rioters go. Some are saying they will not prosecute Texas abortion law.  We need independent prosecutorial authority delegated to some statewide figure, and the CCA says we can't use the AG for that position.

    I have been talking to a number of folks about how not only will to solve the election integrity problem, but how we can expand the subject matter jurisdiction beyond election code to Official Oppression, abortion, public integrity, riot, sedition, and border-security-related crimes.

    So how do we solve the problem?  A Constitutional amendment could do the trick, but that takes time we don’t have, and more importantly it requires Texas Democrat approval, something which is VERY unlikely to happen.

    I want one of the following solutions:

    • State District Attorney (elected) with the limited subject matter jurisdiction discussed above and statewide independent prosecutorial power. Would want the enabling legislation to call for a special election in November, 2023 to fill the position.
    • A prosecutorial bureau – call it the State Prosecutor’s Office - under the judiciary with the limited subject matter jurisdiction discussed above that can be appointed or elected.
    • I have heard one person opine that the CCA might not accept a State District Attorney because the language of the judicial section of the Texas Constitution (Art. 5) implies without explicitly stating it, that only smaller districts for prosecutors were contemplated. That commentator said he thinks that four or five districts would pass CCA review whereas a statewide district might not.  I would be OK with that IF the districts were arranged in such a way that the large counties did not swamp the votes of the surrounding counties.  The whole reason for this exercise is to ensure that the big counties don’t stop prosecuting laws important to the security to all Texans.

     

    Two other approaches to solve the problem have already have filed bills.  State Representative Keith Bell has introduced a bill to allow adjacent county DAs to prosecute election crimes if asked to do so by the AG. (HB 678).  And State Rep Bryan Slaton has introduced HB 125 to allow the AG to file suit against DAs who have a pattern and practice of not enforcing election crimes, allowing civil penalties. (I have been told that there is at least one Senator working on the same approach as HB 125.)

    While I appreciate those attempts, I am not too excited about either approach. I favor the adjacent county approach over the lawsuits by the AG against DAs. Even if the AG prevails in court against a big county DA, forcing the DA to act, that forced, hostile DA is unlikely to do a good job, and we STILL will not produce much.

    And while the adjacent county route is better than nothing, it puts too much of a burden on already stretched thin DAs in usually rapidly growing jurisdictions that have more than enough workload.  It is likely to be viewed for it is – one more unfunded mandate by the Texas Legislature on the counties.

    I am shopping the three solutions above in both the Senate and the House.  I think there is broad agreement that the problem created by the CCA needs to be fixed.  I hope we can fix it AND do more to ensure that laws needed for ordered rule of law are enforced in Texas.

    I welcome feedback on how we solve this problem that is vital to the security and liberty of Texans.  And I welcome any information about what legislators have what plan to solve this problem.

    Tom Glass leads Texas Constitutional Enforcement (txce.org and Texas Constitutional Enforcement groups on Facebook, MeWe, and Gab).  You can follow him on Twitter (@tomgglass) and reach him via email at info at tomglass.org.

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  • Texas Refusal to Assist Officers of the Union Act

    As I plow through the bills filed so far, I have found another federal pushback bill filed that is solidly in our wheelhouse, HB 262 by Valoree Swanson and its companion in the Senate, SB 242, by Mayes Middleton. I call it the Texas Refusal to Assist Officers of the Union Act, hearkening to one of four methods outlined by James Madison in Federalist 46 that should be used to resist unconstitutional acts.

    The bill requires the Texas Attorney General to file every month a report in the Texas Register on any rules promulgated by federal agencies that "violates the rights guaranteed to the citizens of the United States by the United States Constitution or exceeds the powers specifically granted to the federal government by the United States Constitution" and is implemented "in response to an executive order by the president." Once such rules are listed in the Texas Register, Texas state agencies and subdivisions "may not cooperate with a federal government agency in implementing . . ."

    This bill has three salient differences in approach to the Texas Sovereignty Act. First, it relies on the opinion of the AG on the constitutionality of federal action rather than a standing committee of the combined chambers of the legislature and sign off by the full legislature and the governor.

    Second, it narrowly focuses on federal regulations implemented in response to a presidential executive order rather than the broad focus of the Texas Sovereignty Act on all federal acts. (I hope to persuade Rep. Swanson to amend the bill to remove the narrowing provisions and go with the TSA broad federal act definition before this goes to hearing.)

    Third, this bill is one of required non-assistance rather then the call to prosecute feds using the Texas Official Oppression Act. Swanson's approach is more in-line with the approach advocated by the Tenth Amendment Center. And it is one that was implemented for firearms laws in the last legislative session.

    I consider this an exciting development and something this group can sink our teeth into this session.

     

    Here is a link to the bill language: https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00262I.htm

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  • The Boston Tea Party and Texas Resistance to the Great Reset

    On the evening of December 16, 1773, the Sons of Liberty in Boston implemented the famous Boston Tea Party.

    The action of pro-liberty forces against the property of a private corporation, the British East India Company has much relevance, today.  It has special relevance to Texans as we approach the 88th Texas Legislative session where we will try to stop violations of the natural and unalienable rights of Texans by private corporations.  The framers knew that it was not just government, but also private actors that can violate our rights.  And they had no problem with directing action against private corporations when those corporations were threatening their liberty.

    The Boston Tea Party was another resistance in a series of attempts by the British Crown and its beneficiaries to rule Americans.  The Americans insisted that they had the right to self-government.

    The battles began with the Stamp Act in 1765.  Sons of Liberty chapters sprung up all over the colonies and not a penny of stamp tax was collected due to resistance.  The Parliament repealed the Stamp Act in 1766, but replaced it with the Declaratory Act, stating that the Parliament “had hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America . . . in all cases whatsover.”  They had to show those peasants in America who was boss, don’t you know.

    The Parliament followed up in 1767 with the Townshend Acts in 1767, imposing duties on a good number of products imported into the colonies.  The resistance in the form of smuggling and boycotts caused such losses for British merchants, that the Townshend duties were repealed in 1770.  All except one, that is – the duty on tea.  The Parliament still had to show who was boss.

    Effective resistance continued against the duty on tea, so Parliament passed the Tea Act in 1773 granting the British East India Company monopoly powers on tea to the colonies and a cut of the duties it raised for the Crown, thereby making it not only the only legal vendor, but the lowest cost vendor, to boot.

    More boycotts and resistance ensued, setting up the Boston Tea Party, where Sons of Liberty men dressed as Indians, dumped the British East India Company tea from three ships into the harbor.

    Parliament reacted to the Boston Tea Party with what the colonies called the Intolerable Acts, which quartered troops in Boston, shut down the harbor of Boston, and contained other punishments for Massachusetts.  By August 26, 1774, the Massachusetts patriots passed a stirring document of resistance called the Suffolk Resolves that presaged the Declaration of Independence.  By April of 1775, the American Revolution had sparked in Lexington and Concord outside Boston.

    We are in our own struggle for self-government against globalists who want to reverse the victories of the American Revolution and return to an oligarchy where they rule and we are serfs serving them.  If I have anything to do with it, Texas will continue our resistance in 2023 to those globalists and their Great Reset.

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  • Texans Draw Line in Sand over Vax Mandates

    This week could go down in Texas and American history as the week the tide turned in the global advance of tyranny into Texas.

    I have often wondered what issue would be the flash point to activate Texans to draw a line in the stand and tell the collectivists and the cronies and the globalists that they will advance no further in taking the liberties of Texas.

    We have now seen the issue that has mobilized Texans to take the stand – federal vaccine mandates.

    A combination of pressure on the governor by the voters, the grassroots, the State Republican Executive Committee and lots of voters, the grassroots, and the cancellation of large numbers flights by Southwest Airlines caused the governor to realize that great damage is being done to the lives, businesses, and economy of Texas by the collision of two forces:

    1) the 10 to 20% of the workforce of Texas that is willing to be fired from their jobs to not take the jab; and

    2) the president of the United States declared intention to dictate that different sets of Texas employers be fined if they do not do the dirty work for the feds and fire employees who decline the jab.

    The problem for employers is that if they agree to do the dirty work of the feds, they lose the best of their work-force and their ability to meet the needs of their customers.

    Texas businesses and employers are already suffering from supply-chain shortages, making it difficult for them to do business. What many are realizing this week – certainly the governor is realizing it - is that when most Texas businesses lose 10 to 20% of their brightest employees, the economy of Texas will tank even more, causing untold billions in damage to our economy, our supply chain, and destroying even more lives, livelihoods, and fortunes in Texas.

    If you have read Atlas Shrugged by Ayn Rand, this is a real world playing out of “Going Galt” in 21st century Texas.

    This is an inflection point in the history of Texas and America. The words of Samuel Adams come to mind, and perfectly fit this time:

    If we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom. It is a very serious consideration that millions yet unborn may be miserable sharers of the event.

    This afternoon and evening, October 13, 2021, the House State Affairs heard testimony on the bill Chair Chris Paddie chose to address the governor’s call on stopping COVID vax mandates. The portion of the hearing I heard told me that many of the old school legislators, especially Chris Paddie and the very vocal Democrats on the State Affairs Committee do not understand that we are not in a business as usual situation. The hired lobbyists of the business interests in Texas, especially the health care industry was lockstep in the notion that they were willing to violate the rights of Texans to avoid trouble from the feds, but clearly not understanding that the workers of Texas make it where they CANNOT do the dirty work of the feds and remain unscathed.

    Texas businesses are damned if they do the dirty work of the federal government because they lose their ability to do business. And they are damned if the resist the federal government – at least they think they are.

    I once had the executive of a top American corporation that he had learned that if you are damned if you do and damned if you don’t, you are strangely empowered to do the right thing. And if you do the right thing and persuade others of the moral strength of your vision, you are more likely to win and get out of the dilemma.

    In case you did not know it, Texas businesses and managers, the right thing to do in this situation is to fight the feds to stop them from telling you how to run your business.

    And our Texas legislators right now, need to hear from all of us that the right thing for them to do is 1) to stop Texas employers from violating the unalienable rights of Texas workers to decline vaccination; and 2) to stop the feds from violating the rights of Texas businesses and Texas workers via any type of vaccination mandates.

    Let us address the unalienable right to decline vaccination first. We are blessed in America with a document that tells us the fundamental principles upon which we are founded – the Declaration of Independence. It says that we “are endowed by our Creator with certain unalienable rights” and that governments – especially our governments – are instituted to “secure these rights.”

    Noah Webster’s 1828 Dictionary tells us that unalienable means “that may not be transferred.” In other words, unalienable rights cannot be bargained away. An unalienable right is violated if a contract is made that requires that the right be transferred away in exchange for something else.

    The framers also believed that private actors could violate rights as much as government. And they saw their role as securing rights from both private and governmental actors.

    When it comes to real and personal property, being able to exchange it honors the right. The right to property is alienable. But rights having to do with bodily autonomy are unalienable. Rights like the right against involuntary servitude, the right against sexual harassment, the right against cruel and inhuman punishment all are unalienable, and employers are prohibited from violating those rights in Texas.

    The right to decline vaccination falls solidly in line with those other unalienable rights, and it is the violation of the right to decline vaccination that is causing the problems for Texans and our economy. Benito Juarez said, “the basis of peace is the respect for rights.” No justice, no peace. There are sufficient numbers of Texans now, that our economy will back in the saddle until the feds (and Texas employers) stop the war on the unalienable rights of Texans.

    HB 155 by Tom Oliverson, heard October 13 in State Affairs says that no Texas establishment (private or governmental) may not require a COVID-19 vaccination “to enter or gain access to, receive a service from, or be employed by” that establishment. He put a private right of action in court against establishments violating this statute that allows “injunctive or equitable relief or for compensatory or punitive damages.” His bill actually allows employer mandates, but requires them to accommodate exceptions for natural immunity, medical reasons, religious or conscience reasons. He thinks that by carving out exemptions in Texas law, that the feds, when they actually get around to formulating the rules to implement the president’s dictates, will allow those exemptions in Texas law.

    During the hearing, we heard the lobbyists say that businesses don’t want mandates from either Texas or the feds, but they were opposed to the bill because they figured resistance is futile against the federal government. We heard medical service providers say that they fear that the new conditions put into Medicare and Medicaid mean that stopping them from getting paid by those federal programs.

    We heard Texans for Lawsuit Reform (TLR) say that Texas workers would just abuse the enforcement provisions of the lawsuit to shake down Texas businesses, so no protection of the unalienable right should even be attempted. (By that TLR "logic", we should get rid of laws against employers discriminating on race and sexual harassment.)

    We heard soon-to-be-retired Chair Paddie express reservations about the bill. He also expressed that he did not see why we needed to act quickly.

    In other words, the establishment of Texas thinks this is business as usual.

    The people of Texas and the governor know it is NOT business as usual.

    It appears to me that the legislature, especially the State Affairs Committees of both the House and the Senate and especially Chair Chris Paddie of the House State Affairs need to hear from you that this is NOT business as usual. That the Texas economy and the lives of Texans are being destroyed NOW. And we need action to stop the rights violations by employers and the tyranny by the feds NOW. And that we respectfully ask them to vote FOR HB 155.

    At the end of the evening, Rep. Oliverson said that he would modify the bill in hopes of getting more support from the State Affairs Chair, the State Affairs Committee, and the House as a whole. Revise penalties in lawsuits. Work on conscience exemption. Work with healthcare industry to carve out exceptions for businesses that serve immuno-compromised patients.

    Note that whether a bill passes in the next week or not, I think that Texas worker resistance will make compliance painful to both the employers, the Texas economy, to the feds, and to our military readiness. If the state legislature will not help us, we move to the counties, including our county prosecutors using the Texas Official Oppression Act (Texas Penal Code 39.03) to prosecute federal agents who try to enforce the federal mandates. That will further stop the feds from messing with Texas employers and Texans in general.

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  • The Suffolk Resolves

    On August 26, 1774, the leaders of Suffolk County, Massachusetts (which included Boston) and surrounding counties gathered at what they called the Suffolk County Convention of the Committees of Correspondence to discuss what to do about the dire situation facing them.

    The situation indeed was dire.  Ever since the end of what the Americans called the French and Indian War in 1763, the Parliament and King in Britain had been trying to repay their debts for the war from taxes collected in America and more importantly to deny the self-governance of the colonies, exerting their absolute power to tax and regulate the people of the colonies in America.

    This history of Massachusetts from 1765 through 1774 was a series of British taxes and liberty deprivations, each resisted by the colonists, resulting in brief respites only to see another round of tyranny spring up again.  Each worse than the last.

    It went from the Stamp Act in 1765 to the Townshend Acts in 1767, to military occupation of Boston in 1768, to the Boston Massacre in 1770, to the Tea Act of 1773, leading to the Boston Tea Party.

    In response, the empire really struck back, passing from March to June of 1774, multiple laws to deny liberty to the colonists.  The Brits called them the Coercive Acts.  (Evidently, they had not figured out how to lie with the name of legislation, yet.)  The colonists called them the Intolerable Acts.

    The Intolerable Acts closed the port of Boston until the colonists reimbursed the British East India Company for the tea dumped during the Tea Party.  They revoked the charter under which Massachusetts was formed and put Massachusetts directly under the dictatorial control of the British government.  All local leaders were to be appointed by the colonial governor, parliament, or the king.  They moved any trials of governmental officials out of Massachusetts back to England.

    The convention was a discussion about what to do about the Intolerable Acts.  The people of Massachusetts, especially of Boston and Suffolk County were living under a military dictatorship.  They were denied a substantial part of their previous livelihoods, and the leaders were increasingly facing the prospect of being arrested for speaking out against the deprivation of the liberty of the people.

    On September 6, 1774, Dr. Joseph Warren introduced a draft of resolves for the convention.  By September 9, the Suffolk Resolves were completed and approved and rapidly circulated around the colonies.  By September 17, the First Continental Congress endorsed the Suffolk Resolves.

    The Suffolk Resolves were a wonderful mix of statement of first principles, an explanation of why they were acting, and detailed acts of resistance planned.

    The Suffolk Resolves were essentially constitutional enforcement.  They declared the Intolerable Acts to be violations of the natural rights, the British Constitution, and an illegitimate assault on their own local government’s foundational document – the Massachusetts Charter.  And then they said how they were going to resist.

    While maintaining the fiction that the king was unaware of the acts of his ministers and Parliament so that they could profess allegiance to the king, the authors of the Suffolk Resolves made it VERY clear that they would not submit to rule by Parliament or the king that violated natural rights, the British Constitution, or their basic colonial charter.

    When you stand up to a bully, what happens next depends on the bully.  He can back down . . . or he can double down.  Bully George III was not going to back down.  He doubled down by instructing the colonial governor of Massachusetts to clamp down hard on the colonists and their leaders, sending more troops and three highly respected generals to help in the crackdown.

    That, of course led to Lexington and Concord and the battle of Breed’s Hill in which the author of the Suffolk Resolves, Dr. Joseph Warren gave his life for our liberty.

    Here is a link to the text of the Suffolk Resolves.  It is well worth every American’s time to read the stirring, clarion call for liberty by those who stood and fought for our liberty.

    Here are my favorite parts, partly because they challenge us to think about our own dire situation, and what we should do:

    Preamble:  Whereas the power but not the justice, the vengeance but not the wisdom, of Great Britain, which of old persecuted, scourged and exiled our fugitive parents from their native shores, now pursues us, their guiltless children, with unrelenting severity; and whereas, this then savage and uncultivated desert was purchased by the toil and treasure, or acquired by the valor and blood, of those our venerable progenitors, who bequeathed to us the dear — bought inheritance, who consigned it to our care and protection, – the most sacred obligations are upon us to transmit the glorious purchase, unfettered by power, unclogged with shackles, to our innocent and beloved offspring.

    On the fortitude, on the wisdom, and on the exertions of this important day is suspended the fate of this New World, and of unborn millions.  If a boundless extent of continent, swarming with millions, will tamely submit to live, move, and have their being at the arbitrary will of a licentious minister, they basely yield to voluntary slavery; and future generations shall load their memories with incessant execrations.

    On the other hand, if we arrest the hand which would ransack our pockets; if we disarm the parricide who points the dagger to our bosoms; if we nobly defeat that fatal edict which proclaims a power to frame laws for us in all cases whatsoever, thereby entailing the endless and numberless curses of slavery upon us, our heirs and their heirs forever; if we successfully resist that unparalleled usurpation of unconstitutional power, whereby our capital is robbed of the means of life; whereby the streets of Boston are thronged with military executioners; whereby our coasts are lined, and harbors crowded with ships of war; whereby the charter of the colony, that sacred barrier against the encroachments of tyranny, is mutilated, and in effect annihilated; whereby a murderous law is framed to shelter villains from the hands of justice; whereby that unalienable and inestimable inheritance, which we derived from nature, the consti­tution of Britain, which was covenanted to us in the charter of the province, is totally wrecked, annulled and vacated, – posterity will acknowledge that virtue which preserved them free and happy; and, while we enjoy the rewards and blessings of the faithful, the torrent of panegyric will roll down our reputations to that latest period, when the streams of time shall be absorbed in the abyss of eternity.

    (OK, I admit it.  I had to look up “parricide” which is a person who kills his relatives.  They were deliberately pointing out that Americans were the kin of the British and how wrong the Brits were to be treating the Americans so.  And, I had to look up “panegyric,” which is elaborate praise, usually at a festal meetings.)

    These are my favorite of the resolves:

    Resolve 2: That it is an indispensable duty which we owe to God, our country, ourselves, and posterity, by all lawful ways and means in our power, to maintain, defend, and preserve those civil and religious rights and liberties for which many of our fathers fought, bled, and died, and to hand them down entire to future generations.

    Resolve 3: That the late Acts of the British Parliament for blocking up the harbor of Boston, and for altering the established form of government in this colony, and for screening the most flagitious violators of the laws of the province from a legal trial, are gross infractions of those rights to which we are justly entitled by the laws of nature, the British Constitution, and the charter of the province.

     

    Resolve 4:  That no obedience is due from this province to either or any part of the Acts above mentioned; but that they be rejected as the attempts of a wicked Administration to enslave America.

     

    Resolve 11:  That whereas our enemies have flattered themselves that they shall make an easy prey of this numerous, brave, and hardy people, from an apprehension that they are unacquainted with military discipline, we therefore, for the honor, defense, and security of this county and province, advise, as it has been recommended to take away all commissions from the officers of the militia, that those who now hold commissions, or such other persons, be elected in each town as officers in the militia as shall be judged of sufficient capacity for that purpose, and who have evidenced themselves the inflexible friends to the rights of the people.; and that the inhabitants of those towns and districts who are qualified, do use their utmost diligence to acquaint themselves with the art of war as soon as possible, and do for that purpose appear under arms at least once every week. (This led to the creation of the Minutemen that played such an important role seven months later.)

    Note that this meme is not a direct quote of Warren or the Suffolk Resolves.  It is, rather, a wonderful, pithy summary of them that I discovered in the highly recommended and wonderful work of historical fiction called “The Adversaries: A Story of Boston and Bunker Hill” by Ned Ryan.

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  • 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.