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IN joins the 10th Amendment SCR0037 (my title)
Indiana State Legislature ^ | 2/23/2009 | daylilly

Posted on 02/23/2009 3:35:35 PM PST by daylilly

SENATE CONCURRENT RESOLUTION No. _____

A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State's legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.

Whereas , The Tenth Amendment to the Constitution of the United States specifically provides that, “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 ”; Whereas , The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more; Whereas , Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America 's most valuable contributions to political science; Whereas , James Madison, “the father of the Constitution, ” said, “The powers delegated to the federal

government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people ”; Whereas , Thomas Jefferson emphasized that the states are not “subordinate ” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government ”; Whereas , Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the state governments. ” He 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 overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them ”; Whereas , The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states; Whereas , Today, in 2009, the states are demonstrably treated as agents of the federal government; Whereas , Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; 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 being considered by the present administration and from Congress may further violate the Constitution of the United States; Therefore,

Be it resolved by the Senate of the General Assembly

of the State of Indiana, the House of Representatives concurring:

SECTION 1: That the State of Indiana 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. SECTION 2: That this Resolution serve as a Notice and Demand to the federal g overnment to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers. SECTION 3: That the Secretary of the Senate immediately transmit copies of this Resolution to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature of the United States of America, and each member of Congress from the State of Indiana.


TOPICS: Constitution/Conservatism; Front Page News; Government; US: Indiana
KEYWORDS: 10thamendment; indiana; statesrights
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To: ExTexasRedhead

Isn’t this number 23 now?

ANd yes, Talk Radio DOES need to be taking about this


41 posted on 02/23/2009 5:23:46 PM PST by Danae (Amerikan Unity My Ass)
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To: daylilly

Seems like the south is behind in this, I am ashamed!


42 posted on 02/23/2009 5:26:24 PM PST by central_va (Co. C, 15th Va., Patrick Henry Rifles-The boys of Hanover Co.)
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To: txnativegop
I just sent off an email to about 20 or so VA delegates to support the resolution that is being considered by yet another delegate in the VA house.

I would be surprised if Virginny doesn't get a resolution at least submitted pretty soon. It's when the voting begins the fun starts.

43 posted on 02/23/2009 5:32:57 PM PST by ForGod'sSake (We must, indeed, all hang together or, most assuredly, we shall all hang separately. - B.F.)
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To: Blood of Tyrants

Tennessee actually has a couple of resolutions that have been presented, HJR 0104 and HJR 0108. BOTH apparently waiting to be introduced. Give those folks a shoutout with some words of support and encouragement.


44 posted on 02/23/2009 5:41:52 PM PST by ForGod'sSake (We must, indeed, all hang together or, most assuredly, we shall all hang separately. - B.F.)
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To: ForGod'sSake

Mississippi????


45 posted on 02/23/2009 6:06:18 PM PST by IrishPennant ("We're surrounded...That simplifies our problem.")
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To: daylilly

Someone needs to put together a map, maybe red & blue (or blue & gray), showing the states that are actively pursuin 10th amendment resolutions. I would, but I don’t have that kind of talent.


46 posted on 02/23/2009 6:15:37 PM PST by P8riot (I carry a gun because I can't carry a cop.)
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To: IrishPennant
Mississippi????

The "chatter" around the web is it's a matter of time for them to take on something like this. Haley Barbour is likely to produce something very interesting, since it appears they're taking their time. They did get their gun owners covered though:

Mississippi Passes Legislation Protecting Gun Owners During Martial Law

47 posted on 02/23/2009 6:24:42 PM PST by ForGod'sSake (We must, indeed, all hang together or, most assuredly, we shall all hang separately. - B.F.)
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To: P8riot
Someone needs to put together a map...

Now there's a thought. A quick and dirty reference would be nice. I've sortof got my hands full but might take a crack at it in a day or two myself. I'm thinking the no-gos will be a fluorescent pink and the ones in various stages of working on something, shades of blue...

48 posted on 02/23/2009 6:29:36 PM PST by ForGod'sSake (We must, indeed, all hang together or, most assuredly, we shall all hang separately. - B.F.)
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To: ForGod'sSake

My friend sent this to me~ Enjoy!

Separation/Divorce notice

Dear American liberals, leftists, social progressives, socialists, Marxists, Obama supporters, et al:

We have stuck together since the late 1950’s, but the whole of this latest election process has made me realize that I want a divorce. I know, we tolerated each other for many years for the sake of future generations, but, sadly, this relationship has run its course. Our two ideological sides of America cannot, and will not ever agree on what is right, so let’s just end it on friendly terms. We can smile, chalk it up to irreconcilable differences, and go our own way.

Here is a model separation agreement:

Our two groups can equitably divide up the country by landmass each taking a portion. That will be the difficult part, but I am sure our two sides can come to a friendly agreement. After that it should be relatively easy! Our respective representatives can effortlessly divide other assets since both sides have such distinct and disparate tastes. We don’t like redistributive taxes so you can keep them. You are welcome to the liberal judges and the ACLU.

Since you hate guns and war, we’ll take our firearms, the cops, the NRA, and the military. You can keep Oprah, Michael Moore, and Rosie O’Donnell. We’ll keep the capitalism, greedy corporations, pharmaceutical companies, Wal-Mart, and Wall Street. You can have your beloved homeless, homeboys, hippies, and illegal aliens. We’ll keep the hot Alaskan hockey moms, greedy CEO’s, and rednecks. We’ll keep the Bibles and give you NBC and Hollywood . You can make nice with Iran and Palestine and we’ll retain the right to invade and hammer places that threaten us. You can have the peaceniks, and war protesters. When our allies or our way of life are under assault, we will help to provide security to them.

We’ll keep our Judeo-Christian values. You are welcome to Islam, Scientology, Humanism, and Shirley McClain. You can also have the U.N. But we will no longer be paying the bill. Knowing your concerns about “excess population”, in your part of the country you can overcome the problem of excess population through gay marriages and choosing to kill the unborn.

We’ll keep the cattle since you don’t like beef anyway. We’ll keep the SUVs, pickup trucks, and oversized luxury cars. You can take every Subaru station wagon and ethanol vehicle you can find. You can give everyone healthcare, if you can find any practicing doctors. We’ll continue to believe healthcare is a luxury and not a right. We’ll keep The Battle Hymn of the Republic and the National Anthem. I’m sure you’ll be happy to substitute Imagine, I’d Like to Teach the World to Sing, Kumbaya, or We Are the World. We’ll practice trickle down economics, and you can give trickle up poverty your best shot. Since it often so offends you, we’ll keep our history, our name, and our flag.

Would you agree to this? If so please pass it along to other like minded liberal and conservative patriots, and if you do not agree, just hit delete. In the spirit of friendly parting, I’ll bet you ANWAR which one of us will need whose help in 15 years.

Sincerely,

John J. Wall
Law Student and an American

P.S. Also, please take Barbara Streisand, Susan Sarandon & Jane Fonda


49 posted on 02/23/2009 6:31:39 PM PST by Idabilly
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To: OKSooner
Whatever day the Dow breaks 5000.

Purty soon it'll be time to start BUYING!

50 posted on 02/23/2009 6:33:16 PM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: MahatmaGandu

“We crashed the gate at 98! Let them truckers roll!”


51 posted on 02/23/2009 6:43:14 PM PST by 2harddrive (...House a TOTAL Loss.....)
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To: LucyT; Arrowhead1952
Ripped graphic, from all places, DU (they're freaking):

Can't be sure how accurate it is. But looks good.

52 posted on 02/23/2009 6:48:11 PM PST by txhurl (ralph...)
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To: txhurl

Aren’t some of those “blue” states?


53 posted on 02/23/2009 6:48:51 PM PST by thecodont
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To: thecodont

At least 5 are?


54 posted on 02/23/2009 7:05:38 PM PST by txhurl (ralph...)
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To: Idabilly

Heh,heh. Thanks for the chuckle!


55 posted on 02/23/2009 7:08:12 PM PST by ForGod'sSake (We must, indeed, all hang together or, most assuredly, we shall all hang separately. - B.F.)
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To: MahatmaGandu
I think the fight has momentum this time. It’ll be interesting to see what ‘Bama does in response. Can’t wait to see him cut off Federal funds to states that protest the unfunded mandates.

Then we cut off income tax collections (and payments) to pay for those mandates. If we chose to accept the mandates, of course. Easy.

As splendid as all this "Fighting Tenth" stuff sounds, let's see what happens when some state draws the line in the sand and says NO! Then it gets interesting.

56 posted on 02/23/2009 7:14:27 PM PST by DNME ("When small men cast long shadows, the sun is about to set.")
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To: molette67
woo hoo!!
57 posted on 02/23/2009 7:17:21 PM PST by do the dhue (They've got us surrounded again. The poor bastards. - One of General Abram's men)
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To: txhurl; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; MeekOneGOP; ..

Thanks for the graphic, txhurl. Looking good.


58 posted on 02/23/2009 7:22:01 PM PST by LucyT
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To: daylilly

This is the first I have heard anything about this.

I think it is fantastic!!

Would you happen to know which other states are in on this, too? I live in NJ so it is not like our press is gung-ho to report stuff like this.

:) thanks.


59 posted on 02/23/2009 7:23:32 PM PST by KarenMarie
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To: thecodont

It was started by democrats as an insult to Bush but they screwed up and accidently started a good thing without realizing it.


60 posted on 02/23/2009 7:25:12 PM PST by cripplecreek (The poor bastards have us surrounded.)
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