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.
So did they?
I like it, but since when has the federal government cared about the Constitution?
Looks great on paper, but of what practical use is this?
holy cow
popcorn
As state reclaiming its power...interesting...
As = A
Practical use? Oklahoma will have to do without it’s portion of Gubmnt cheese until such time as it knuckles under as it will.
But, BOOMER SOONER!
I like it.
propellors will start falling off of their airplanes again.
Where’s Billy Sherman and his army when you need them.
Has this passed both houses and been signed by the (urk) Governor?
The timing of this makes me wonder if Oklahoma is preparing for something they anticipate the Federal Government is going to do under Dem leadership that they think requires this declaration. It seems more an affirmation of an existing clause. Damned if I know what it’s all about, but seems precautionary to me.
About Time! Power to the states. Oklahoma is A-OK in my book. Let’s hope other states follow suit and knock some common sense into the feds.
I don’t think that the governor has to sign a resolution.
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