Posted on 02/03/2011 7:45:21 AM PST by David DeGerolamo
Is the new General Assembly going through the motions of serving the people of North Carolina? I want North Carolina to step up and retake its place in our history as leading the way for maintaining states’ rights as succinctly outlined in the tenth amendment of the Constitution of the United States:
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.
Thomas Burke should be recognized in our schools for his role in representing the once great state of North Carolina:
Representing North Carolina at the Continental Congress, Thomas Burke was a strong critic of the Congress' secrecy proceedings and the infringement of civilian rights by military authorities. He was largely responsible for what would become the Tenth Amendment to the Constitution, which guaranteed to the states all powers not explicitly given to Congress. Burke was called "the Disturber" because of his antics, and was one of only two delegates to be censured by a vote of Congress.
How did North Carolina descend from being the state that was responsible for the tenth amendment, to the legislation listed below? Today, our governor has become a lap dog for the federal government; she was first in the serving line for accepting Stimulus money. The consequences of her actions are now being felt in an exploding state deficit and a debt to the federal government for unemployment benefits.
The legislation currently under consideration in the House concerning the tenth amendment is flawed for two glaring reasons that everyone should immediately recognize:
North Carolina is asking the same phrase as Oliver Twist: “More Please”. The tenth amendment stands on its own merit. Why do we need to beg for our rights under the Constitution? North Carolina is not confirming our state’s rights under the Constitution; it is merely urging the federal government to consider them. The text of our North Carolina legislation is shown below. Compare our legislation with the approved 2009 legislation from the state of Alaska that is shown after our plea to our masters in Washington. Then ask yourself if the general assembly is just going through the motions instead of pursuing North Carolina’s sovereign rights.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 H D HOUSE RESOLUTION DRHR90000-LG-7 (12/15)
Sponsors: Representative Cleveland.
Referred to:
*DRHR90000-LG-7*
A HOUSE RESOLUTION SUPPORTING THE STATE OF NORTH CAROLINA'S RIGHT 1 TO CLAIM SOVEREIGNTY OVER CERTAIN POWERS UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
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 2011, 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, Section 4 of Article IV of the Constitution of the United States 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 ruled in New York v. United States, 112 19 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:
SECTION 1. The North Carolina House of Representatives supports the State's right to claim sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government or reserved to the people by the Constitution of the United States.
SECTION 2. The North Carolina House of Representatives urges the federal government, as the agent of the State, to cease and desist, effective immediately, mandates that are beyond the scope of any constitutionally delegated powers.
SECTION 3. The North Carolina House of Representatives further urges that 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.
General Assembly of North Carolina Session 2011
Page 2 H34 [Filed]
SECTION 4. The Principal Clerk shall transmit a certified copy of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the North Carolina Congressional Delegation.
SECTION 5. This resolution is effective upon adoption.
Alaska’s Tenth Amendment Legislation
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 27 (2d RES)
Relating to the Sovereign Powers of the State
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Tenth Amendment to the Constitution of the United States reads, “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 some federal actions weaken states’ rights protected by 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 art. IV, sec. 4, Constitution of the United States, reads, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States reads, “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 the United States Congress may not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS all states, including Alaska, find themselves regularly facing proposals from the United States Congress that weaken states’ rights protected by the Tenth Amendment;
BE IT RESOLVED that the Alaska State Legislature hereby claims sovereignty for the state 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; and be it
FURTHER RESOLVED that this resolution serves as Notice and Demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.
COPIES of this resolution shall be sent to the Honorable Barack Obama, President of the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Nancy Pelosi, Speaker of the U.S. House of Representatives; the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress; all other members of the 111th United States Congress; the presiding officers of the legislatures of each of the other 49 states; and the governors of each of the other 49 states.
I live in NC and I can’t wait to get out of here.
What's bad about that?
“I live in NC and I can’t wait to get out of here.”
You are not the first North Carolinian I have heard that from. What the hell happened over there?
Northeastern Yankees moving South.
Older people who still vote dem because their daddy and their daddy’s daddy did and liberals retiring here from up north.
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