30 31 States already are, are now claiming, or are planning for declaration of sovereignty. ***
Since I live in Tennessee…I say….IT’S ABOUT TIME TENNESSEE !!
Legislators in Tennessee submitted House Joint Resolution 108 (HJR0108) on February 18th. While it’s non-binding, some of the language is quite well put. Here’s the intro:
A RESOLUTION to affirm Tennessee’s sovereignty under the Tenth Amendment to the Constitution of the United States and to demand the federal government halt its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States.
Halting the practice of assuming powers not enumerated is a great step. Rolling back all the previous unconstitutional legislation is also a must in the future.
Here’s the rest of the bill:
HOUSE JOINT RESOLUTION 108
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
WHEREAS, many powers assumed by the federal government and 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
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 OF THE ONE HUNDRED
SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE
CONCURRING, that we hereby affirm Tennessee’s 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. We also demand the federal
government to halt and reverse its practice of assuming powers and of imposing mandates
upon the states for purposes not enumerated by the Constitution of the United States.
BE IT FURTHER RESOLVED, that a committee of conference and correspondence be
appointed by the Speaker of the House and of the Senate, which shall have as its charge to
communicate the preceding resolution to the legislatures of the several states, to assure them
that this State continues in the same esteem of their friendship and to call for a joint working
group between the states to enumerate the abuses of authority by the federal government and
to seek repeal of the assumption of powers and the imposed mandates.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to
the President of the United States, the President of the United States Senate, the Speaker and
the Clerk of the United States House of Representatives, and to each member of Tennessee’s
Read about Tennessee at Tenth Amendment Center.com
Minnesota Sovereignty resolution, HF997 introduced in the the Minnesota House of Representatives.
Marty Seifert of the Minnesota House of Representatives has introduced the Minnesota Sovereignty resolution, HF997. It is supported by 16 State Representatives.
The Minnesota State Legislature web page provides the following short description of the resolution: “Federal government memorialized to halt its practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States and affirming Minnesota’s sovereignty under the Tenth Amendment to the Constitution of the United States.”
House File 997 advises federal judges, Congress, and the Executive branch not to impose mandates on Minnesota and other states which are beyond the powers of the federal government.
The entire bill can be read here.
Minnesota follows Texas as the latest state to declare sovereignty from the federal government.
UPDATED: Add Texas to the list:
As of February 17th, legislation to affirm State Sovereignty under the 10th Amendment has been introduced in the Texas House by representative Brandon Creighton. The bill number is HCR50 – and here’s a few excerpts: (h/t Conservative Pabulum)
Affirming that the State of Texas 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 U.S. Constitution, serving notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.
All I can say is it’s about time! States are finally realizing that the federal government is trying to take over everything, which is the complete opposite of what the founding fathers meant to happen. Now some states are finally coming to their senses and trying to take back their state’s sovereignty.
In a version of this bill being considered in Washington state, they reference the authority of James Madison in The Federalist where he wrote:
“”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.”
The founding fathers believed in a balance between state and federal power. They believed most of this power should be with the states. This state sovereignty movement clearly arises from the belief that the balance of power has tilted too far and for too long in the direction of the federal government and that it’s time to restore that lose balance.
Four New Hampshire legislators introduced HCR-6 to re-invoke states rights enumerated in Jefferson’s and Madison’s Kentucky Resolutions of 1798. The resolution is a clear shot across the bow of the New Leftist Administration in Washington DC, which is rushing to expand federal control over every aspect of American life, industry and enterprise.
Lawmakers in 20 states move to reclaim sovereignty
Obama’s $1 trillion deficit-spending ‘stimulus plan’ seen as last straw
By Jerome R. Corsi
© 2009 WorldNetDaily
Oklahoma Republican state Sen. Randy Brogdon
NEW YORK – As the Obama administration attempts to push through Congress a nearly $1 trillion deficit spending plan that is weighted heavily toward advancing typically Democratic-supported social welfare programs, a rebellion against the growing dominance of federal control is beginning to spread at the state level.
So far, eight states have introduced resolutions declaring state sovereignty under the Ninth and Tenth Amendment to the Constitution, including Arizona, Hawaii, Montana, Michigan, Missouri, New Hampshire, Oklahoma and Washington.
Analysts expect that in addition, another 20 states may see similar measures introduced this year, including Alaska, Alabama, Arkansas, California, Colorado, Georgia, Idaho, Indiana, Kansas, Nevada, Maine and Pennsylvania.
“What we are trying to do is to get the U.S. Congress out of the state’s business,” Oklahoma Republican state Sen. Randy Brogdon told WND
“Congress is completely out of line spending trillions of dollars over the last 10 years putting the nation into a debt crisis like we’ve never seen before,” Brogdon said, arguing that the Obama stimulus plan is the last straw taxing state patience in the brewing sovereignty dispute.
“This particular 111th Congress is the biggest bunch of over-reachers and underachievers we’ve ever had in Congress,” he said.
“A sixth-grader should realize you can’t borrow money to pay off your debt, and that is the Obama administration’s answer for a stimulus package,” he added.
The Ninth Amendment reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The Tenth Amendment specifically provides, “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.”
Brogdon, the lead sponsor of the Oklahoma state senate version of the sovereignty bill, has been a strong opponent of extending the plan to build a four-football-fields-wide Trans-Texas Corridor parallel to Interstate-35 to Oklahoma, as WND reported.
Rollback federal authority
The various sovereignty measures moving through state legislatures are designed to reassert state authority through a rollback of federal authority under the powers enumerated in the Constitution, with the states assuming the governance of the non-enumerated powers, as required by the Tenth Amendment.
The state sovereignty measures, aimed largely at the perceived fiscal irresponsibility of Congress in the administrations of Bill Clinton and George W. Bush, have gained momentum with the $1 trillion deficit-spending economic stimulus package the Obama administration is currently pushing through Congress.
Particularly disturbing to many state legislators are the increasing number of “unfunded mandates” that have proliferated in social welfare programs, such as Medicare and Medicaid, in which bills passed by Congress dictate policy to the states without providing funding.
In addition, the various state resolutions include discussion of a wide range of policy areas, including the regulation of firearms sales (Montana) and the demand to issue drivers licenses with technology to embed personal information under the Western Hemisphere Travel Initiative and the Real ID Act (Michigan).
Hawaii’s measure calls for a new state constitutional convention to return self-governance, a complaint that traces back to the days it was a U.S. territory, prior to achieving statehood in 1959.
“We are trying to send a message to the federal government that the states are trying to reclaim their sovereignty,” Republican Rep. Matt Shea, the lead sponsor of Washington’s sovereignty resolution told WND.
“State sovereignty has been eroded in so many areas, it’s hard to know where to start,” he said. “There are a ton of federal mandates imposed on states, for instance, on education spending and welfare spending.”
Shea said the Obama administration’s economic stimulus package moving through Congress is a “perfect example.”
“In the state of Washington, we have increased state spending 33 percent in the last three years and hired 6,000 new state employees, often using federal mandates as an excuse to grow state government,” he said. “We need to return government back down to the people, to keep government as close to the local people as possible.”
Shea is a private attorney who serves with the Alliance Defense Fund, a nationwide network of about 1,000 attorneys who work pro-bono. As a counter to the ACLU, the alliance seeks to protect and defend religious liberty, the sanctity of life and traditional family values.
Republican state Rep. Judy Burges, the primary sponsor of the sovereignty resolution in the Arizona House, told WND the federal government “has been trouncing on our constitutional rights.”
“The real turning point for me was the Real ID act, which involved both a violation of the Fourth Amendments rights against the illegal searches and seizures and the Tenth Amendment,” she said.
Burges told WND she is concerned that the overreaching of federal powers could lead to new legislation aimed at confiscating weapons from citizens or encoding ammunition.
“The Real ID Act was so broadly written that we are afraid that it involves the potential for “mission-creep,” that could easily involve confiscation of firearms and violations of the Second Amendment,” she said.
Burges said she has been surprised at the number of e-mails she has received in support of the sovereignty measure.
“We are a sovereign state in Arizona, not a branch of the federal government, and we need to be treated as such, she insisted.