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Five More States Invoke the 10th (AMENDMENT)
humanevents.com ^ | 03/04/2009 | A.W.R. Hawkins

Posted on 03/04/2009 5:15:25 AM PST by kellynla

Last week, HUMAN EVENTS reported that eleven states, Washington, New Hampshire, Arizona, Montana, Michigan, Missouri, Oklahoma, Minnesota, Georgia, South Carolina, and Texas, had all “all introduced bills and resolutions” declaring their sovereignty over Obama’s actions in light of the 10th Amendment.

These actions are in response to the Obama administration’s faux-“stimulus” legislation which directly assaults the rights of states to reject the money coming from the federal government. So far, several Republican governors -- among them South Carolina’s Mark Sanford and Louisiana’s Bobby Jindal -- have said they would refuse all or part of the stimulus money because of the constitutional infringements and because of the additional unfunded liabilities they impose on the states.

This week, HUMAN EVENTS is happy to report that five more states have decided to invoke the 10th as well.

These five -- Tennessee, Kentucky, Kansas, Indiana, and West Virginia -- have all begun their action under the 10th Amendment in a bid to protect themselves from what they view as nothing less than an unconstitutional usurpation of power on the part of the Obama administration.

On February 23, HJR 108 was put forth in the Tennessee legislature, indicating that legislators in that state decided “it [was] time to affirm state sovereignty under the Tenth Amendment to the Constitution of the United States and demand the federal government halt its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution,” according to Truman Bean.

The very next day, February 24, Kentucky State Representative John Will Stacy (D), “introduced House Concurrent Resolution 168… serving notice to the federal government to cease mandates beyond its authority.”

In declaring their sovereignty these states have joined what has come to be known as “the 10th Amendment movement.” It is a grassroots, conservative movement that seeks to defend the separation of powers as originally set forth by our Founders in the Constitution.

Through this movement, conservatives are throwing down the gauntlet against tyranny and the abuse of power. They are invoking the 10th Amendment at the state level against abuses of power by the federal government, and doing so with appeals to the extra-constitutional writings of our Founding fathers.

For example, Indiana’s resolution calls attention to the words of Alexander Hamilton, a Federalist and Founder who “expressed his hope that ‘the people will always take care to preserve the constitutional equilibrium between the general and the state governments.’” Hamilton “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 over-passing their constitutional limits by [the] certain [rivalry] which will ever subsist between them.’”

Kansas’ Senate Concurrent Resolution No. 1609 delves even deeper into the mechanics of the matter by reminding the Obama administration, as well as the House and Senate, that “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 state.” In other words, the federal government exists by and for the states, not the other way around.

The resolution headed to West Virginia’s 79th Legislature couples its action under the 10th Amendment with a reminder directed to Speaker of the House Nancy Pelosi (D-Calif.) and Senate Majority Leader Harry Reid (D-Nev.): “[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.” This reminder is followed by a pronouncement that “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.”

In light of these violations of the Constitution, the stated purpose of West Virginia’s resolution is, in part, to “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.”

Our rights as citizens are under assault by an administration of leftist ideologues with an insatiable appetite for power. There is little difference between them and the appeasement-drunken, government-expanding leftists in Lyndon Baines Johnson’s administration of whom Ronald Reagan said in 1964, “Inalienable rights are now considered to be a dispensation of government…and freedom is close to slipping from our grip.”

Every state assembly and legislature that has joined “the 10th Amendment movement” understands that Reagan’s words about freedom’s fragility in 1964 are no less true for our day when not only freedom, but also the America ideal, is “close to slipping from our grip.”

We must stand shoulder to shoulder with states like Tennessee, Kentucky, Kansas, Indiana, and West Virginia in demanding that the federal government immediately “cease and desist” its usurpation of our liberties.


TOPICS: Constitution/Conservatism; Extended News; Front Page News; Government; US: Indiana; US: Kansas; US: Kentucky; US: Tennessee; US: West Virginia
KEYWORDS: 10thamendment; localgovernment; statesrights; tenthamendment
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To: Colonel Kangaroo

Quite true. I have to tell you though, I think many are going to suffer through it this year. My b-i-l has an air conditioning company here in S.FL. Business has been dead for a year. People are buying window units for their bedrooms and not repairing their central air. I imagine that trend will continue. Most natives only use their air if it gets over 90. They walk around in long sleeves and pants when its over 80. You can always tell a non native by their clothing here :), and a tourist because they will go in the pool or ocean from Oct- May. Natives don’t, its too cold! LOL.


41 posted on 03/04/2009 5:57:34 AM PST by wombtotomb (.)
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To: MamaTexan; ForGod'sSake

42 posted on 03/04/2009 6:01:59 AM PST by DirtyHarryY2K (The Tree of Liberty is long overdue for its natural manure)
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To: kellynla

Sigh. NYS still not on the list. Figgers.


43 posted on 03/04/2009 6:04:42 AM PST by mewzilla (In politics the middle way is none at all. John Adams)
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To: 1010RD

I saw “noodly”, and after a few minutes of unconsious bliss, I picked myself up off the floor and continued to type...


44 posted on 03/04/2009 6:06:30 AM PST by stevie_d_64
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To: lgjhn23

..clever...very clever!


45 posted on 03/04/2009 6:08:04 AM PST by stevie_d_64
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To: stevie_d_64

I couldn’t think of a more accurate word. ;-]


46 posted on 03/04/2009 6:08:26 AM PST by 1010RD (First Do No Harm)
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To: kellynla
Kentucky and Virginia Resolutions From Wikipedia, the free encyclopedia

The Kentucky and Virginia Resolutions(or Resolves) were important political statements in favor of states' rights written secretly by Vice President Thomas Jefferson ,who would later become president, and James Madison in 1798, respectively. They were passed by the two states in opposition to the federal Alien and Sedition Acts. Though often mentioned as a pair in modern historical discussions, they were actually two separate documents. The Kentucky Resolutions (plural) were written by Jefferson and passed by the state legislature on November 16, 1798, with one more being passed the following year on December 3, 1799. The Virginia Resolution (singular) was written by Madison and passed by the state legislature on December 24, 1798. Jefferson and Madison collaborated on the writing of the two documents, but their authorship was not known for many years. The resolutions attacked the Sedition Acts, which extended the powers of the federal government. The resolutions declared that the Constitution was a "compact." That is, it was an agreement among the states. The federal government had no right to exercise powers not specifically delegated to it; should the federal government assume such powers, its acts under them would be void. Thus it was the right of the states to decide as to the constitutionality of such laws passed by Congress.

A key provision of the Kentucky Resolutions was Resolution 2, which denied that Congress had more than a few penal powers:

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 offenses against the law of nations, 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, not prohibited by it to the States, are reserved to the States respectively, or to the people,” therefore the act of Congress, passed on the 14th day of July, 1798, and intituled “An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States,” as also the act passed by them on the — day of June, 1798, intituled “An Act to punish frauds committed on the bank of the United States,” (and all their other acts 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. ...

http://en.wikipedia.org/wiki/Kentucky_and_Virginia_Resolutions
47 posted on 03/04/2009 6:16:22 AM PST by theBuckwheat
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To: Colonel Kangaroo; wombtotomb
I think you're on to something about tough climate repelling many of the whining neo-left

Then how do you explain the liberalism of the Upper Midwest? I live in a tough climate and it's definitely liberal-dominated. Obama is from Chicago...not exactly known for mild winters.
48 posted on 03/04/2009 6:18:14 AM PST by MinnesotaLibertarian
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To: kellynla

WooHoo!


49 posted on 03/04/2009 6:20:45 AM PST by Shery (in APO Land)
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To: DirtyHarryY2K
ROFLMAO! What a perfect picture. [Even though the BO beefcake shot made me gag a little]

I have to contact my rep today and respond to her rationale as to WHY she isn't solidly behind Texas' resolution. She sent a letter about 'healthcare issues' and the guidance of the federal government. [barf!]

-----

The federal government then, appears to be the organ through which the united republics communicate with foreign nations, and with each other. Their submission to it's operation is voluntary: it's councils, it's engagements, it's authority are theirs, modified, and united. It's sovereignty is an emanation from theirs, not a flame by which they have been consumed, nor a vortex in which they are swallowed up. Each is still a perfect state, still sovereign, still independent, and still capable, should the occasion require, to resume the exercise of it's functions, as such, in the most unlimited extent.
St. George Tucker

50 posted on 03/04/2009 6:20:51 AM PST by MamaTexan (It's time to STAND UP, America!)
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To: MinnesotaLibertarian

ya know, I don’t know. But I have to find hope somewhere. It seems to be less prevelant as you leave MN, MI, and IL. Maybe has something to do with the ability to get services way out in the middle of big sky country?


51 posted on 03/04/2009 6:23:20 AM PST by wombtotomb (.)
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To: kellynla; Jim Robinson

34 States can control Congress.

38 States can control the US Supreme Court.

So far 11 + 5 = 16 States are getting the ball rolling, but more than ‘introduction of bills and resolutions’ is needed. An iron grip organizing of Conservatives on the ground in 38+ States is needed.

Can we have an FR link at the top of tis page entitled ‘38 States’?


52 posted on 03/04/2009 6:23:33 AM PST by Hostage
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To: MinnesotaLibertarian
how do you explain the liberalism of the Upper Midwest? I live in a tough climate and it's definitely liberal-dominated

I'd say the Upper Midwest still contains a streak of the old-time hardier progressives as opposed to the new coddled sofites. And in addition, air conditioning in summer and efficient heating in the winter turn harsh climates into comfortable locales for the soft and fat.

53 posted on 03/04/2009 6:24:20 AM PST by Colonel Kangaroo
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To: kellynla
I hope this thing passes in every state. But all these stories about it are misrepresenting an obvious fact.

Some legislators in a state introducing a bill is not the same thing as the state doing or declaring anything. The bill has to pass first. How many of these states have passed these bills? Nothing has happened until then.

54 posted on 03/04/2009 6:24:46 AM PST by mlo
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To: MamaTexan

Credit For pic Goes to Freeper ForGod’sSake. (wish he would put the “looter guy” from NOLA in there behind zer0)


55 posted on 03/04/2009 6:25:44 AM PST by DirtyHarryY2K (The Tree of Liberty is long overdue for its natural manure)
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To: DirtyHarryY2K

I’d like to see someone add Obama’s head to the looter guy’s body in a picture. I mean who else is a bigger looter?


56 posted on 03/04/2009 6:28:38 AM PST by OB1kNOb (Economists predicting a quick recovery are like the band that continued playing on the Titanic.)
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To: MinnesotaLibertarian

Anywhere where people gather in large numbers they are going to either already have, or will develop, a “hive” mentality. Collectivism is nothing but a hive mentality.

Thomas Jefferson: “I view great cities as pestilential to the morals, the health and the liberties of man.”

God told Abraham to stay out of the cities for this very reason.


57 posted on 03/04/2009 6:28:50 AM PST by MrB (The 0bamanation: Marxism, Infanticide, Appeasement, Depression, Thuggery, and Censorship)
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To: Colonel Kangaroo

“Secession is not a valid Constitutional concept.”

Why not? States are sovereign. They have every right to decide to join or to leave. If you do not understand the term ‘sovereign’ then maybe that is why you think as you do.


58 posted on 03/04/2009 6:30:33 AM PST by CodeToad (Liberalism is Communism, and both are a mental disorder. Grow up.)
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To: Huck
Maybe if we could get off the kabuki theater of Rush vs Steele, we could get more attention on this.

Exactly! Limbaugh is in a position to inform his audience and spur them to action. But the latter evaporates when he steps forward to engage in individual, mano a mano combat.

This battle must be fought by every lover of America, not by a single "champion" selected to do battle on our behalf - particularly a champion selected by our enemy!
59 posted on 03/04/2009 6:32:44 AM PST by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: LearsFool

Even Rush said it’s “yesterday’s news.” It’s not that complicated. Steele sucks. I think we all get it. Time to move on.


60 posted on 03/04/2009 6:33:50 AM PST by Huck (Palin is perfect just where she is....in Alaska.)
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