Sunday, May 3, 2009

Oklahoma, OK!

From the Tenth Amendment Center comes this:

In response to Governor Henry’s veto of House Joint Resolution 1003, Oklahoma State Rep. Charles Key has reintroduced the resolution as House Concurrent Resolution 1028. Passage in both the House and Senate on a concurrent resolution will not require signature from the governor.

Introduced on April 29, 2009, HCR1028 is “A Concurrent 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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.” (h/t AxXiom for Liberty)

Read the full text below:

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 Government”, and the Ninth Amendment states that ”The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; 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 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:

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.

And a hat tip to Irene Keating for pointing out an excellent interview on the subject here.

3 comments:

Nico said...

Bravo! Sometimes the most glaring vilolation of our laws goes unnoticed by all.

This flagrant thrashing of states rights has been allowed to grow and grow incrementally by both parties over numerous administrations. Like the lobster in the pot of water, the American people have been lulled into believing that an all-encompassing federal government is "the" answer to all problems. Now the heat has been turned up and some of us realize that if we don't get out of this pot soon, our way of life, our very freedom, will die.

Now, this president comes in and turns the flame all the way up to finish the process quickly and ruthlessly.

I may be wrong, but wouldn't this tact be a perfect next move for the Tea Party movement to start to push? Unfortunatly, there are very few Americans who are aware of this breach of one of the principle tenants of our constitution. Education, and a constant drum beat of reminders is in order.

How many other state legislatures will have the cojones to follow Oklahoma?

Nico

Paul R said...

I belive Oklahoma was the latest of about 15 states to pass such a resolution. A similar number have legislation pending.
The real question is will NY get on board ?
Sadly I think that answer is no. The gov't of this state is entirely submissive to Washington.

Lynn Green said...

Charles Key is a nut case who thinks that the government planned the Murrah bombing.

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