Oklahoma Declares Sovereignty

2nd Session of the 51st Legislature (2008) ^ | Key, Dorman, Johnson (Dennis) and Reynolds of the House

[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.

[B4Ranch]

Thanks for the explaination.

[stainlessbanner]

bttt

[DariusBane]

Is that what they are trying to do? The State can’t stop Fed from withholding taxes right?

[VOA]

bump

From a Ponca City, OK resident of 1956-1974.

Had to head off to college sometime!

[B4Ranch]

Monday I am going to call Jim Inhofe’s office and ask what’s up.

[B4Ranch]

Take a look at post #43 or read the Amendment yourself. Nothing close to what you’re asking.

[Travis McGee]

Let us know. Why is this only being reported months later?

[B4Ranch]

http://www.freerepublic.com/focus/news/2031211/posts?page=40#40

[brityank]

Let me know what you find out. I may copy it off and send it along to my State Rep — fat chance he’d do anything with it but chuckle as he drops it on the trash!

Guess I’d best get back to watching the “Survivor”, oh and news about those under-razor-wire bra’s that TSA is worried about. Gotta pay attention to the bread and circuses, ya know?

[Windcatcher]

The sad thing is that the states shouldn’t have to do this. The Tenth Amendment should be treated with the same strength and vigor today as when it was first penned. It just goes to show what Washington thinks of our great document. Nonetheless, God bless the folks in OK for standing up for their sovereign rights.

[garbanzo]

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.

A few months ago, I was reading "The Fourth Turning" - the author predicted that sometime in this decade the "Fourth Turning" would occur with some sort of major crisis prompting major political change. The did specifically suggest as an example an serious economic crisis in 2008 that would alter the balance of power between the states and the federal government. Maybe events are moving faster than we think.

[AmericaUnited]

You are 100% correct. It was meant to be funny, not factual though...

[EBH]

When does the USSC ruling on the DC Gun Ban come out?

[Sacajaweau]

IIRC, about June 22, 23

[John Leland 1789]

This is not secession from the Union, this is demanding something that the Bill of Rights already is said to guarantee.

[djf]

Don’t they normally release their actions and agendas on Tuesday?

I seem to remember that... if so, this Tuesday could be it!

[John Leland 1789]

All 50 States should do the same thing. I can’t imagine states like California or New York, etc. doing it, but we should encourage Oklahoma, not disparage the state for this step.

[kindred]

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.

Good for Oklahoma, now may they be the first state to leave the federal government power grab and dismiss all judges who do not hold to the original intent of the constitution.

[kindred]

And may the Lord God and HIS anointed one, Jesus Christ, be with them as they take their rightful power back from the liberal communists of the federal government and the liberal America hating judges nationwide.

[Sacajaweau]

One has to think of the "opposite" of the writing.

If one asserts that only soldiers have the right to bear arms, then we have a militaristic form of government. That cannot be.

In fact....And I have the writing...many of the soldiers were given their government supplied arms...as a way to make up for the lack of pay. That would make the arms "personal possessions" and a recognition of their personal right to possess arms.