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.
Yeah, I know there was a big push for Secession in Vermont a few years ago (of course Bush was in charge, and it was in the midst of the Iraq invasion), however if WE can get them onboard, I hope that proves we can get anyone on board, any VT Freepers..?
Senator Walker? I know him as well..you are right (and I helped on his campaign)!
(letter to the editor in Michigan....we should all do the same in our States!)
Politics, focus letter: Michigan moves to affirm 10th Amendment
by Jason Iacoangeli | Ann Arbor
Sunday February 22, 2009, 12:33 PM
I think that the mainstream media is doing a great job keeping news about Michigan House Concurrent Resolution No. 4 quiet. This resolution seeks to “affirm Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States and to urge the federal government to halt its practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States.”
Michigan is just one of 21 states in the process of passing this type of resolution. In a time when our federal government seems out of touch with the American people, these are the types of commitments the states need to make to the public. States are not agents of the federal government, they are sovereign and should remain that way. I urge everyone to contact their state representatives and let them know they support HCR 4.
See more in Letters to the Editor
I received this letter yesterday, ONE DAY after I wrote a request to my state senator that he consider legislation for Nebraska sovereignty. I am starting a local petition, and am in contact with several others working the same goal across Nebraska!
Dear Mr.******,
Thank you for contacting Senator Christensen, on his behalf I would like to mention that this is an issue that has been discussed with him from several people in the district. We are aware that other state’s are passing such legislation and that is why we will be looking into the issue of State Sovereignty for future legislation.
If you have any further questions please contact me or the office.
Sincerely,Kylee Planer-Administrative Assistant
Senator Mark R. Christensen
Nebraska Legislature
Well it’s more that we’re tell the FED GOVERNMENT to ‘butt out’ than Barack Obama, the same thing should have been done under GWB ect.. It’s more non-partisan than that..pro Consitution, pro-Federalism! We shouldn’t let it become a partisan issues (except partisan in the fact that we are against big-government), the Federal government’s encroachment on people’s rights includes democrats too.. just saying we shouldn’t cut out any potential “allies” in this FIGHT against massive big-gov spending, encroachment on States’ rights. Though some of this movement is, as you are right, prompted by reaction against Barack Obama’s socialstic policies!!
Blessings,
J.S.
I’ve always said when both the left and right agree..maybe there is something there!
That was Basil on T&D.. ‘I don’t want to piss off any granny with a gun’...LOL
No, Todd, you don’t, not this one, anyway.
Good going there basil. I really like Lisa on KLBJ. She was RIPPING Ed and quite a few callers yesterday.
I hope there are millions around the country doing this very thing. Freepers seem to be all over this IMHO because we realize what's at stake. As usual we need to take it outside the confines of the choir to get the "unenlightned" to participate. The very future of our Republic is at risk if the federal beast is not pulled up short. Well done; stay on 'em!!!
Who on earth is that silly woman and why was she there? Listening to her, I got the distinct impression that she couldn't buy a clue!
ONE POINT OF EXCEPTION, PLEASE: I AM A DUDE... ER, AH, THE LAST TIME I CHECKED!
Up 166 at this time.
Noted, thanks.
I wish I could have helped him. I lived too far away. Glad to know you helped him. He is worthy of help.
Well, our senate has now voted to give the District of Columbia a place in congress, which IMO and others is totally unconstitutional. This should get the attention of some more states. I’d be interested to know if anyone has put together some type of form letter we can send to our state senators and representatives about this.
Hoo-AH! I love my state!
I haven't seen or heard of anything. It's just another sign of the times isn't it. The people sent to DC think all they have to do is pass something and it automatically becomes law regardless of its Constitutional implications. We should cut all their tongues out for lying about defending our Constitution.
The count in the IN Senate is 33 R and 17 D. The count [according to the legislature’s website] in the IN House is 52D and 48 R.
This bill will probably pass the Senate but unsure in the House. So if you can contact some of the legislators, email or something, it might garner some more support for it.
http://www.in.gov/legislative/legislators/
I talked to the senator who wrote SCR 0037 two days ago. He fully realizes the extent to which the federal government has violated States’ rights. The reality is [he didn’t say this] that it has to be passed. The Ds have a slight advantage in the House. If IN addressed everything that should be addressed, the Ds in the house will not pass this resolution.
They need citizen support to do more.
This is a reason to hope, but even at that it is not a rosy picture.
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