Posts tagged Dwyer
Olympia, Wa., February 17, 2014– State legislators in the Washington House of Representatives just voted unanimously (97:0) to approve HB1888, which effectively nullifies the federal ban on hemp within the state of Washington.
This legislation is very similar to my HB 1010, that will be heard tomorrow in Committee. I am hopeful that my legislation will be as successful as the bill just passed in Washington State. Will Maryland soon see the economic benefits of Industrial Hemp as other states have begun to see? If you would like to testify in support of HB 1010 please call my office at 410-841-3047. Hearing starts at 1pm in the Environmental Matters Committee Room. If you cannot make it to Annapolis, but support this bill I would encourage you to call or email the members of the Environmental Matters Committee.
State legislatures have begun to decriminalize marijuana. This is very important, even if you don’t support marijuana use, personally. This issue goes beyond simple decriminalization of marijuana because it is not only about the freedom to make your own choices as to what you eat, drink or smoke, it is about liberty and the return to true constitutional governance. The result of the States’ refusal to accept unconstitutional federal over reach has positive implications on the future of Liberty and governance, which the Founders always intended to reside in the States.
The Federal Government has never had the authority to ban marijuana within the states. The clearest evidence of this is the simple fact that it took an amendment to the Constitution, (the 18th ) to prohibit alcohol and another amendment,(the 21st) to repeal the alcohol prohibition. To date there have been no such amendment to prohibit marijuana.
To further support my argument, The 10th Amendment to the Constitution states, “The powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” This means that any prohibition, regulation or other law regarding marijuana is left to each state to enact, by means of their legislative process supported by the citizens of that state.
What we have instead, is decades of unconstitutional federal “Law” and regulation that has gone unchecked because of the misrepresentation of the Supremacy Clause by the courts. The Supremacy Clause has been used as an argument against nullification. The Supremacy Clause states “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land” The power lies within the states, by way of the elected legislature to determine if a law is pursuant to the Constitution. On the other hand, if the law is indeed unconstitutional, nullification is not only justified, but the duty of the individual states to ignore.
Nullification under the Doctrine of Interposition is the rightful remedy for unconstitutional Federal “Laws” as clearly intended and argued by Thomas Jefferson.
“…but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them”
Let’s be clear, nullification is not an act whereby a state simply refuses to comply with a Federal law it does not like, it is the claim that the law is not a law at all because it is unconstitutional.
Individual States all over the US are currently exercising this right by considering a number of legislative actions that would nullify illegal, unconstitutional Federal “laws” such as obamacare, any federal firearms ban, registration or limitations, and the prohibition of marijuana. The debate is not simply about marijuana legalization; it is a debate whether or not to return our country to true Constitutional governance.
In an effort to address this issue, I am proposing a number of Nullification bills the bill pertaining to Marijuana is entitled the”cannabisfreedom2014
Press Release: Citizen Delivers over 20,000 Pages of Testimony in Opposition to O’Mallys Gun Grabbing Agenda
Today, Delegate Don Dwyer received and delivered to the House Judiciary Committee, about 20 thousand sheets of written testimony submitted by Mr. Mike Endzel of Easton on behalf of citizens opposing the many gun ban bills being heard on Friday March 1st, including HB 294 the Governor’s so called “Firearms Safety Act”
Mr. Endzel and Chris Dingler created a website www.nationalbands.com to provide a venue for people who are not able to come to Annapolis in person, to submit written testimony for what has become a galvanizing issue for many Marylanders.
Mr. Endzel had not previously participated in the Legislative process, but was moved to do so because of this issue and had come to Annapolis on February 6 along with close to 4,000 other citizens. He said that his inspiration for the idea came after he stood in line to sign up to testify for over 5 hours but in the end was not afforded the opportunity to speak. Mr. Endzel said that he received emails from disabled veterans who stated that they would not be physically capable of coming to Annapolis to testify in person, thanking him for providing a means to have their voice heard. Mr. Endzel committed to printing the required 70 copies at his own cost and delivering the testimonies to Delegate Dwyer.
“I think it is a wonderful thing he has done. The Legislature has never before seen the amount of emails, phone calls and people out in opposition to these “gun control” bills. I commend Mike for what he has done to help give people a voice in the process.” Said Delegate Dwyer
Hearing for SB 281
Feb 6th 1pm
You will be given 3 minutes to speak. If you are submitting written testimony you must bring a copy for each of the Senators who sit on the committ…ee (11 copies) and submit them to Committee staff before noon so they can make sure all of the Senators have the materials on their desks.
There are various parking garages in Annapolis, or you can park at the Naval Academy Stadium and ride the Annapolis Shuttle/Trolley to Lawyers Mall- The Senate Building is right across the Street.
George Washington and his army marched barefoot in the snow to make a treacherous nighttime crossing of the Frozen Delaware river to Trenton, NJ to launch a surprise attack on the British encampment which eventually turned the tide of the American Revolution, ensuring the birth of the United States- will you give up a day at work to preserve what they fought to leave us?
The following are bills that I personally sponsored during the 2010 legislative session. Every bill was killed by the Democrat majority that controls Maryland. Enjoy reading the list for common sense pro Constitution legislation. Click on the links to go to each bill’s summary page.
Sponsored By Delegates Dwyer, Aumann, Bates, Beitzel, Boteler, Burns, Costa, DeBoy, Eckardt, Elliott, Frank, George, Haddaway, Howard, Impallaria, Jameson, Jennings, King, Kipke, Krebs, Love, McComas, McConkey, McDonough, Minnick, Montgomery, Norman, O’Donnell, Schuh, Serafini, Shank, Shewell, Smigiel, Sophocleus, Sossi, Stocksdale, Stukes, Stull, Vaughn, Waldstreicher, Weir, and Wood
Entitled Hunting and Fishing – Veterans – Complimentary Licenses
Sponsored By Delegates Dwyer, Aumann, Bates, Boteler, Burns, Costa, Elliott, Impallaria, Jennings, King, Kipke, Krebs, McConkey, Miller, Minnick, O’Donnell, Schuh, Shank, Shewell, and Stocksdale
Entitled Maryland Personhood Amendment
Sponsored By Delegates Dwyer, Aumann, Bates, Beitzel, Boteler, Burns, Costa, Eckardt, Elliott, Elmore, Frank, George, Haddaway, Jenkins, Jennings, King, Kipke, Krebs, McComas, Myers, Norman, O’Donnell, Schuh, Serafini, Shank, Shewell, Sossi, Stocksdale, and Stull
Entitled Maryland’s Marriage Protection Act
Committee Assignments House: Judiciary
Sponsored By Delegates Dwyer, Beidle, Costa, Frush, George, King, Kipke, Love, McConkey, Pena-Melnyk, Schuh, and Sophocleus
Entitled Anne Arundel County – Drug-Free Zones Pilot Program - Recreation Areas
Committee Assignments House: Judiciary
Sponsored By Delegates Dwyer, Anderson, Barnes, Beidle, Boteler, Bronrott, Carter, Conaway, Costa, Dumais, Eckardt, Frank, Heller, Hubbard, Jennings, Kach, Kelly, Kipke, Kramer, Krebs, Levi, McComas, McConkey, Olszewski, Pena-Melnyk, Riley, Robinson, Rosenberg, Schuh, Shank, Shewell, Simmons, Smigiel, Sophocleus, Sossi, Valderrama, Vallario, Waldstreicher, and Wood
Entitled Victims’ Rights – Fatal Vehicular Accident – Suspension of License
Committee Assignments House: Judiciary Passed / Senate Passed
The Governor killed it at bill signing
Sponsored By Delegates Dwyer, Costa, George, King, Kipke, McDonough, and Schuh
Entitled Property Tax Credit – Property Leased to Nonprofit Schools
Committee Assignments House: Ways and Means Unfavorable
Sponsored By Delegates Dwyer, Beidle, Kipke, Love, Schuh, and Sophocleus
Entitled Criminal Law – Statewide Definition of Criminal Gang Member
Committee Assignments House: Judiciary
Sponsored By Delegate Dwyer
Entitled Maryland’s Health Insurance Freedom Act
Committee Assignments House: House Rules and Executive Nominations
Sponsored By Delegates Dwyer, Aumann, Bates, Boteler, Eckardt, Frank, Haddaway, Impallaria, Jennings, Kach, Krebs, McConkey, McDonough, Miller, Norman, Shewell, Smigiel, Sossi, and Stocksdale
Entitled Articles of Impeachment of Attorney General Douglas F. Gansler Committee
Assignments House: Judiciary
Today, the Maryland Human Resources Manager sent an e-mail notification to all members of the State legislature indicating that the state would now accept valid marriage certificates from other states.
This action was initated back on February 24th when Attorney General Gansler determined (against current law) that Maryland would recognize out of state same sex marriages for the purpose of benifits. I brought Impeachment Charges against the A/G for violating Maryland law.
Now I must consider bringing a law suit against the state for violating Maryland and Federal law by allowing certain tax and health benifits to same sex couples.
From: O’Connor, Robyn
Sent: Wednesday, May 19, 2010 9:27 AM
To: MD House of Delegates; Senate of Maryland; Walker, Joy; Oakes, Barbara
Subject: FW: IMPORTANT BENEFIT UPDATE CONCERNING SAME-SEX SPOUSES
As you know, the State recently determined that it can accept valid marriage certificates for same-sex couples. In late April, the Employee Benefits Division in Baltimore received legal advice on what actions were needed to allow for the enrollment of same-sex spouses in the benefit program and have begun implementing those changes. In order not to delay offering this opportunity to State of Maryland employees and retirees, we are accepting enrollment of same-sex spouses for a July 1, 2010 effective date, immediately.
Those individuals who already possess a valid marriage certificate from a jurisdiction that authorizes such unions, may complete an enrollment form to cover the spouse for a July 1, 2010 effective date. Human Resources will forward completed forms to the Employee Benefits Division. All forms must be received by close of business on June 2, 2010.
Following Open Enrollment, as individuals marry their same sex partners, they can add the spouse under the usual qualified family status change process (i.e. submit the enrollment form, spouse tax affidavit and valid marriage certificate within 60 days of the marriage).
Please note that unless the same-sex spouse qualifies as a tax dependent as determined by the IRS, imputed income will still apply to the portion of the State subsidy attributable to the same-sex spouse’s coverage in the same manner it applies for domestic partners. For a same-sex spouse to be entitled to federal pre-tax/tax-free benefits coverage as a dependent, the individual must meet the following requirements:
1) The individual does not meet the “qualifying relative” tests in relation to the employee/retiree;
2) The individual must live with the employee/retiree all year as a member of the employee’s/retiree’s household (and the relationship must not violate local law); and
3) The employee/retiree must provide more than half of the individual’s support for the year.
Employees with questions may contact Human Resources
Lori L. Mathis, PHR
Human Resources Manager
Maryland General Assembly
Department of Legislative Services
90 State Circle – Rm 311
Annapolis, MD 21401