A Necessary Resolution — A Necessary Revolution
Despite constant setbacks to freedom, it it reassuring to see that there is still the occasional freedom-loving person in a place of political power in this country. Personally, I would like to see something similar to this resolution enacted in every state in the union. It is well worth the read.
STATE OF OKLAHOMA
1st Session of the 52nd Legislature (2009)
HOUSE JOINT RESOLUTION 1003
AS INTRODUCED
A Joint Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.
WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows:
“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.”; and
WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and
WHEREAS, many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and
WHEREAS, the Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 says, “The United States shall guarantee to every State in this Union a Republican Form of Governmentâ€, and the Ninth Amendment states that â€The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the peopleâ€; and
WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE:
THAT the State of Oklahoma hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
THAT this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.
THAT all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.
THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state’s legislature of the United States of America, and each member of the Oklahoma Congressional Delegation.
February 13th, 2009 at 04:24:52 pm
Apparently, there is a similar bill before the Washington State Legislature:
_____________________________________________
HOUSE JOINT MEMORIAL 4009
_____________________________________________
State of Washington
61st Legislature
2009 Regular Session
By Representatives Shea, Klippert, Condotta, Kretz, Anderson, McCune, and Kristiansen
Read first time 01/30/09. Referred to Committee on State Government & Tribal Affairs.
TO THE HONORABLE BARACK OBAMA, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES OF EACH STATE’S LEGISLATURE OF THE UNITED STATES OF AMERICA:
We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
WHEREAS, The Tenth Amendment to the Constitution of the United States specifically provides that, “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.”; and
WHEREAS, The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more; and
WHEREAS, Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America’s most valuable contributions to political science; and
WHEREAS, James Madison, “the father of the Constitution,” said, “The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people.”; and
WHEREAS, Thomas Jefferson emphasized that the states are not “subordinate” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government.”; and
WHEREAS, Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the state governments.” He believed that “this balance between the national and state governments forms a double security to the people.
If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them.”; and
WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states; and
WHEREAS, Today, in 2009, the states are demonstrably treated as agents of the federal government; and
WHEREAS, Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and
WHEREAS, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and WHEREAS, A number of proposals from previous administrations and some now being considered by the present administration and from Congress may further violate the Constitution of the United States;
NOW, THEREFORE, Your Memorialists respectfully resolve:
(1) That the State of Washington hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and
(2) That this serve as a Notice and Demand to the federal government to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers.
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state’s legislature of the United States of America, and each member of Congress from the State of Washington.
February 13th, 2009 at 05:26:44 pm
I’m curious, how was it that you came across this? Reading a blog, newspaper, etc?
Great post. If you find other legislatures passing similar resolution I’d be interested to know of them.
I think it was Scott Adams blog I was reading a while ago and he believed that the economic crisis would cause certain states to secede from the union. I think it is unlikely given that very few states have the ability to protect themselves militarily, but if seceding states could negotiate protectorate status I think it might actually be beneficial to many states.
February 13th, 2009 at 06:46:39 pm
I’m afraid it’s my part to play Cassandra.
It appears that the bill is entirely show; what does it actually accomplish besides adding a few more papers to the president’s desk. The core of the problem, if you want to call it that, is that Lincoln won the civil war – this was the “decision” which struck the 10th amendment from the constitution. Every Supreme Court Justice since then has upheld this decision.
I think that 4th of July is pretty too – I love fireworks and walking around outside with friends, but I don’t confuse that with the actual ability of the current population to throw off tyranny again if it should rear its head.
February 17th, 2009 at 04:22:30 pm
Regarding Abraham Lincoln and the civil war — my understanding is that Lincoln regarded the formation of the United States as similar to a contract between the states. Under contract law, one party may not unilaterally change the terms of the contract. Under this logic a state may not secede from the union without obtaining the permission of the other parties to the contract — that is, the other states. The state seceding from the union would not need the permission of the Federal Government which is totally a creation of the several states.
Therefore the Tenth Amendment can still stand even if a state has no right to leave the union without the blessing of the other 49 states.
(However, I am not a lawyer, and certainly not expert in constitutional law.)
Jim McElroy