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.
Hmmmm, I believe this has some possibilities. The "10th Amendment Convoy"??? "In it for the long haul"? This movement needs a tag of some kind doesn't it? Ohhhh, "The 10th Amendment Tsunami; ride it or get out of the way!"??? Yeah well, a slogan maker I'm not...
I'd be interested in seeing a cite for that so we can add it to our knowledge base.
I don’t have any links but I’m sure they’re out there. For instance California did this several years ago.
“It is probably more, I heard a NH legislator saying 20 something in an interview today.”
Where did you hear this?
I’m in NH and following with medium energy, say. We have a rally at State House March 4 where I hope to get more involved - but its only 4 reps here and pretty thin chance from where I sit.
Since the recent incarnation of this movement began a few weeks ago there has been only one, count 'em, ONE mainstream article written that I've found. The Washington Times published an article on, I believe the 19th. Oh, and Glenn Beck had a segment on one of his shows one day last week. That's it.
I'm sure it just doesn't rise to the level of news in their cloistered little world.
I have a vague recollection of something around 1994 and the fairly recent "medical weed" dustup. Other than that some half-hearted attempts over the years that truly never attained the level of what we are seeing today wouldn't you say?
Check post #33. There are several links there. Right side of life has a page on state initiatives.
I’m all for it and don’t really care how it started. The less federal interference the better.
That’s half the US! Half the US is telling or planning to tell BHO we don’t trust him. Hoorah!
I hate to see the libtards given credit for something they didn't necessarily earn. This particular movement was begun by a relatively small group of conservatives; some even in very red states, but for the most part the libtards have been silent, with some rare exceptions.
Pennsylvania’s resolution is being sponsored by Rep. Sam Rohrer - Resolution 75. He is asking for support from citizens across the state.
Make that Resolution 95 . . . sorry!
Rock on, Indiana!! This is great news. I heard today about the NH bill on Fox and Friends. I think that was today. Anyway, they said 25 states now have some kind of legislation regarding states rights/ sovereignty.
All I can say is Woooohooo!!
That is looking good.
good to know!
Thanks much!
Yes, a nice gesture from the Senate. Doubtful to get out of the House.
I heard that about New Hampshire as well. But the NH legislator said there was a lot of support from Democrats, and from voters across the state. He did not sound negative, even though there are lots of Democrats in the House in NH.
I wonder how well you know Indiana. I’m doubtful you know that much about it.
I am going to see the author of this bill this weekend. I am going to ask him some questions. It won’t take too long to find out. And it is not a gesture from the author of this bill. He is definitely a David fighting Goliath sort of person, which is how he got elected in the first place. He did it on his own without support from his own party and had to fight the media and several other candidates. Took out a RINO with a long history of pork spending. Long history means the RINO he took out had a lot of seniority.
I’m sorry I did not notice this when I first posted this. There were two more sections on this resolution:
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.
It was on another thread on states rights. Fox and Friends broadcast this but I don’t know when. The legislator said there was a lot of voter support and Democrat support for this. I heard earlier that there were a lot of democrats in their legislature and it likely would not pass, but the legislator in this interview sounded positive.
http://www.thehopeforamerica.com/play.php?id=389
I had trouble finding it again, I looked several hours last night and couldn’t remember where I saw it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.