Posted on 06/14/2008 4:50:49 PM PDT by The Eagle Bomb
STATE OF OKLAHOMA
2nd Session of the 51st Legislature (2008)
HOUSE JOINT
RESOLUTION 1089 By: Key
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, today, in 2008, 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 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 2ND SESSION OF THE 51ST OKLAHOMA LEGISLATURE:
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 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.
Maybe, but if it’s going to be anything but showboating, he’s going to need to sign any bills taking real action based on the resolution. Have both houses even passed it?
I wish them the best - just wondering what the actual status is.
(Former Okie - 3 years in Norman, 4 years in Broken Arrow)
It may just be time for all who support State sovereignty under the Tenth Amendment to the Constitution of the United States to load up your tools with the associated supplies for a trip to Oklahoma. I have no idea just what is over the horizen but my first thought was blue helmets. If that is the case then my full support can be counted upon.
There are actually people who believe that stuff is still in the Constitution in the 21st century? Clearly the Democrats have more work to do, explaining how abortion and gay marriage are in there, but the 10th Amendment disappeared from the Living Constitution, the real one, back in the last century.
Dang, it’s an amazing statement in itself.
Mexican sovereign truck terminals come to mind. Keep an eye on Wyoming.
Red state rebellion! Oh, man, I’d love to see all the red states do this, and make it stick. Put the hate-America crowd on notice that they’re finished.
As a die-hard constitutional conservative, I love this resolution by the Oklahoma legislature. Unfortunately, the states discarded their true agents at the federal level when they ratified the 27th Amendment in 1913. That amendment removed from the states their right to appoint their two senators. That was the states' key check on federal power in the original Constitution, and the states stupidly threw it away.
The Constitution already ensured that the people of the several states could directly elect their own representatives. That's why the House of Representatives was once called the people's house. Senators were agents for their state governments, and the country's President and Vice President were our only national elected offices.
In my opinion, the 27th Amendment, combined with the 26th (income taxes), also ratified in 1913, totally turned our original constitutional system upside down. These two amendments gave the federal government far, far more power than the founders ever intended. It's why we have senators like Byrd, Kennedy, Thurmond, and too many others who are de facto senators for life. It's why senators see themselves instead of agents for their states.
So while Oklahoma's sovereignty resolution is a welcome tiny step toward what I hope will be a rebirth of the proper role of the states in our republic, it has little practical effect at this time.
The current and I well imagine the next administration appears to place zero value on national sovereignty. I have said before and I repeat, Veterans, “There is no expiration date on our oath, to protect America from all enemies, foreign and domestic.”
If the globalists wish to live under the United Nation Charter, fine but I don’t.
The original thirteen did not cede power to the federal government. They delegated it. Oklahoma and all other subsequent states derive their sovereignty the same way the original 13 did. By popular mandate. The federal government merely acted as an agent in the creation of the later states.
If the people of Oklahoma sent their taxes to the seat of government of the U.S. state of Oklahoma, the Oklahoma State Capitol, in Oklahoma City they would be money ahead. Knuckle under, ha!
Very impressive!
“I have no idea just what is over the horizen but my first thought was blue helmets.”
I was thinking more along the lines that all those angry white guys in fly-over country just want to be able to keep their guns and their Bibles.
That includes me and my neighbors, for sure.
It applied to the 13 original states...Each state was instructed to write their State Constitution PRIOR TO the Federal Constitution.
>Why is this news just now getting around?<
It wouldn’t have anything to do with ‘voluntary censorship’ by the national media would it?
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