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 Obamas actions in light of the 10th Amendment.
These actions are in response to the Obama administrations 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 Carolinas Mark Sanford and Louisianas 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, Indianas 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 Virginias 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 Virginias 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 Johnsons 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 Reagans words about freedoms 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.
The states still have the authority leave it their citizens so desire through their legislative process. We are not fully wed to the USA forever, and if the Fed Gov breaks it’s contract, then we should attempt to fix it Constitutionally, if we can’t: Secession is a last resort.
Any word on the legislative progress of any of these bills?
I was thinking the same thing.
Let’s bring back the CSA.
I think it will be Oregon. Our pansy governor appears on the front page of the largest fishwrap in the NW saying we’re doomed without federal “stimulus” money. I’m wondering why we even need to pay this fool’s salary.
But, if the YObama regime is successful in implementing the Saul Alinsky, Cloward-Priven strategy it will become a moral imperative for those of us that desire to remain free.
What say you, my long time, eternal clinger to the Union, nemesis?
Ohio?
If things ever get really rough due to unconstitutional tyranny, the remedy is the right to revolution as outlined in the Declaration of Independence and upheld by Lincoln, not a non-existent Constitutional concept of secession not found in the Constitution.
Same way as NC who is not interested...
http://ohiorepublic.blogspot.com/
there is a link for a petition that they are going to submit to Columbus in April
The Declaration of Independence isn't the law of the land. In order to initiate a new revolution, a new declaration would have to be drafted listing the specific grievances against the Obama regime.
But what about you? Socialistic, unconstitutional tyranny is imminent.
Are you still a die-hard Unionist who will stay with the Union even if the price is freedom?
Are you still a die-hard Unionist who will stay with the Union even if the price is freedom?
You're not comparing the trivial complaints of the secessionist sore losers of 1860-61 to a real Marxist tyranny? Just because I think the secessionists were foolish and illegal does not mean that I would condone a Stalinist tyranny here. The Union of Washington and Lincoln was never meant to be a engine for the dictatorship of the proletariat.
More good can be done via constitutional convention than via secession.
I’m stealing that!
This page tracks various State-based initiatives towards reforming the American government, a constitutional republic. Blogger Estel Powell has a fancy, dynamic “mouse-over” map here for graphical representation.
Use ChangeDetection.com to monitor this page.
Last Change: 03/03/09
Tea Parties: (02/24/09)
Misc. News: (02/24/09)
Alabama: (02/23/09)
Alaska: (03/02/09)
Arizona: (02/10/09)
Arkansas: (03/03/09)
California: (04/13/94)
Colorado: (12/16/08)
Georgia: (02/18/09)
Hawaii:
Idaho: (03/03/09)
Indiana: (02/23/09)
Iowa: (02/23/09)
Kansas: (02/27/09)
Kentucky: (02/25/09)
Massachusetts: (02/06/09)
Michigan: (02/04/09)
Minnesota: (02/20/09)
Mississippi: (02/13/09)
Missouri: (02/04/09)
Montana: (02/23/09)
New Hampshire: (02/17/09)
New Mexico: (03/03/09)
North Dakota: (01/22/09)
Ohio: (02/07/09)
Oklahoma: (02/18/09)
Pennsylvania: (02/13/09)
South Carolina: (02/26/09)
South Dakota: (03/02/09)
Tennessee: (02/19/09)
Texas: (02/18/09)
Utah: (02/11/09)
Virginia: (02/27/09)
Washington: (02/04/09)
Great work MamaTexan!!
The question is whether these measures are binding at all or is just a resolution on par with one declaring “State Multiple Sclerosis Awareness Day”. If these states don’t exhaust all their options against Federal encroachments in the courts, then it’s just the same old song and dance, no matter what they say.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.