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The battle continues...
1 posted on 03/01/2009 7:00:35 AM PST by sswenviron
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To: sswenviron

Here’s what was forwarded by a local talk show host, Michael Dukes, and supported by the locals here:

ALASKA SOVEREIGNTY ACT
RESOLUTION# XXXX
Sponsored By: XXXX
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; 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, 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, 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 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, United States
Constitution, says in part, “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 AND THE SENATE OF THE XXX SESSION OF THE
XXX ALASKA LEGISLATURE:
THAT the several States composing the United States of
America, are not united on the principle of unlimited
submission to their General Government; but that, by a
compact under the style and title of a Constitution for the
United States, and of amendments thereto, they constituted
a General Government for special purposes, — delegated to
that government certain definite powers, reserving, each
State to itself, the residuary mass of right to their own
self-government; and that whensoever the General Government
assumes undelegated powers, its acts are unauthoritative,
void, and of no force; that to this compact each State
acceded as a State, and is an integral party, its co-States
forming, as to itself, the other party: that the government
created by this compact was not made the exclusive or final
judge of the extent of the powers delegated to itself;
since that would have made its discretion, and not the
Constitution, the measure of its powers; but that, as in
all other cases of compact among powers having no common
judge, each party has an equal right to judge for itself,
as well of infractions as of the mode and measure of
redress; and
THAT the Constitution of the United States, having
delegated to Congress a power to punish treason,
counterfeiting the securities and current coin of the
United States, piracies, and felonies committed on the high
seas, and offences against the law of nations, slavery, and
no other crimes whatsoever; and it being true as a general
principle, and one of the amendments to the Constitution
having also declared, 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,” therefore all acts of Congress which assume to
create, define, or punish crimes, other than those so
enumerated in the Constitution are altogether void, and of
no force; and that the power to create, define, and punish
such other crimes is reserved, and, of right, appertains
solely and exclusively to the respective States, each
within its own territory; and
THAT the State of Alaska 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 all compulsory federal legislation that 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 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 any Act by the Congress of the United States,
Executive Order of the President of the United States of
America or Judicial Order by the Judicatories of the United
States of America which assumes a power not delegated to
the government of United States of America by the
Constitution for the United States of America and which
serves to diminish the liberty of the any of the several
States or their citizens shall constitute a nullification
of the Constitution for the United States of America by the
government of the United States of America. Acts which
would cause such a nullification include, but are not
limited to:
I. Establishing martial law or a state of emergency
within one of the States comprising the United States
of America without the consent of the legislature of
that State.
II. Requiring involuntary servitude, or governmental
service other than a draft during a declared war, or
pursuant to, or as an alternative to, incarceration
after due process of law.
III. Requiring involuntary servitude or governmental
service of persons under the age of 18 other than
pursuant to, or as an alternative to, incarceration
after due process of law.
IV. Surrendering any power delegated or not delegated
to any corporation or foreign government.
V. Any act regarding religion; further limitations on
freedom of political speech; or further limitations on
freedom of the press.
VI. Further infringements on the right to keep and
bear arms including prohibitions of type or quantity
of arms or ammunition; and
THAT should any such act of Congress become law or
Executive Order or Judicial Order be put into force, all
powers previously delegated to the United States of America
by the Constitution for the United States shall revert to
the several States individually. Any future government of
the United States of America shall require ratification of
three quarters of the States seeking to form a government
of the United States of America and shall not be binding
upon any State not seeking to form such a government; and
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 Alaska
Congressional Delegation.


2 posted on 03/01/2009 7:12:53 AM PST by Moozle ( Check out the conservative shirts at - http://www.cafepress.com/philoshirt)
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Perhaps leading to another Civil War.


3 posted on 03/01/2009 7:14:38 AM PST by Republic_of_Secession.
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To: sswenviron
I have a small quibble with the author; from the article: The generally accepted conservative position is that states were granted rights under the 10th Amendment (and to an extent the 14th Amendment) to act on behalf of their citizens and in the best interest of those citizens.

The States weren't granted anything. Who was the grantor? The United States which did not even exist yet? The States and The People were the creators of the United States, not the other way around and as such chose to retain all rights not specifically delegated to the "general" government. A fine point that seems to get overlooked -- frequently.

5 posted on 03/01/2009 7:55:55 PM PST by ForGod'sSake (We must, indeed, all hang together or, most assuredly, we shall all hang separately. - B.Franklin)
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