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showtopic=6267
Alabama: (ADOPTED)
http://alisondb.legislature.state.al.us/acas/ViewBillsStatusACASLogin.asp?BillNumber=
hjr298
http://www.tenthamendmentcenter.com/2009/03/18/alabama-hjr298-and-the-principles-
of-federalism/
http://bulk.resource.org/gpo.gov/record/1995/1995_H06089.pdf
http://www.gpo.gov/congress/house/house10cal/104con/102.pdf
QUOTE
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 PROVIDING THAT CERTAIN FEDERAL
LEGISLATION BE PROHIBITED OR REPEALED.
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, 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.”; and
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.”; and
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.”; 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 2009, the states are demonstrably treated as agents of the
federal government; and
WHEREAS, many federal laws are directly in violation of the Tenth Amendment to
the Constitution of the United States; and
WHEREAS, the Tenth Amendment assures that we, the people of the United States
of America and each sovereign state in the Union of States, now have, and have
always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4, United States Constitution, says in part, “The
United States shall guarantee to every State in this Union a Republican Form of
Government”, and the Ninth Amendment states that “The enumeration in the
Constitution, of certain rights, shall not be construed to deny or disparage others
retained by the people”; 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
QUOTE
MEMORIALS
Under clause 4 of rule XXII,
115. The SPEAKER presented a memorial
of the House of Representatives of the State
of Alabama, relative to reclaiming State
sovereignty under the 10th amendment to
the U.S. Constitution for the State of Alabama;
to the Committee on the Judiciary.
Alaska: (ADOPTED)
http://www.legis.state.ak.us/basis/get_bill.asp?session=19&bill=sjr+7&submit=Display+
Bill
http://www.geocities.com/CapitolHill/2917/wep.html
http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HR0009A&session=26
http://bulk.resource.org/gpo.gov/record/1996/1996_H06915.pdf
QUOTE
HOUSE RESOLUTION NO. 9
03 WHEREAS the Tenth Amendment to the Constitution of the United States reads,
04 "The powers not delegated to the United States by the Constitution, nor prohibited
by it to the
06 WHEREAS the Tenth Amendment defines the total scope of federal power as
being
07 that specifically granted by the Constitution of the United States and no more;
and
08 WHEREAS the scope of power defined by the Tenth Amendment means that the
10 WHEREAS some federal actions weaken states' rights protected by the Tenth
12 WHEREAS the Tenth Amendment assures that we, the people of the United States
of
13 America and each sovereign state in the Union of States, now have, and have
always had,
14 rights the federal government may not usurp; and
15 WHEREAS art. IV, sec. 4, Constitution of the United States, reads, "The United
01 the Ninth Amendment to the Constitution of the United States reads, "The
enumeration in the
04 WHEREAS the United States Supreme Court has ruled in New York v. United
States,
05 112 S.Ct. 2408 (1992), that the United States Congress may not simply
commandeer the
08 from the United States Congress that weaken states' rights protected by the Tenth
09 Amendment;
11 the state under the Tenth Amendment to the Constitution of the United States over
all powers
14 FURTHER RESOLVED that this resolution serves as Notice and Demand to the
17 FURTHER RESOLVED that all compulsory federal legislation that directs states
to
21 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the
United States and
22 President of the U.S. Senate; the Honorable Nancy Pelosi, Speaker of the U.S.
House of
23 Representatives; the Honorable Lisa Murkowski and the Honorable Mark Begich,
U.S.
24 Senators, and the Honorable Don Young, U.S. Representative, members of the
Alaska
25 delegation in Congress; and all other members of the 111th United States
Congress.
QUOTE
BILL: SJR 7
SHORT TITLE: OPPOSING FEDERAL MANDATES ON STATES
BILL VERSION: HCS SJR 7 (STA)
TITLE: Relating to mandates imposed on the states by the federal government. SJR 7
WHEREAS the Tenth Amendment to the Constitution for the United States states:
"The powers not delegatd to the Unites States by the Constitution, not 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 United States Constitution 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 for the states;
and
WHEREAS today, the states are demonstrably treated as agents of the federal
government; and
WHEREAS the United States Supreme Court has ruled in New York v. United
States, 2 112 S. Ct. 2408 (1992), that the Congress may not simply commandeer the
legislative ["and regulartory" - left out of Alaska] processes of the states; and
WHEREAS a number of proposals now pending before the Congress may further
violate the Tenth Amendment of the United States Constitution; and
WHEREAS the United States Constitution envisions sovereign states and guarantees
the states a republican form of governmentp; and
WHEREAS Alaska and its municipalities are losing their power to act on behalf of
SJR 7
WHEREAS Alaska and its municipalities are losing their power to act on behalf of
state Citizens as the power of government is moving farther away from the people
into the hands of federal agencies composed of officials who are not elected and who
are unaware of the needs of Alaska and the other states; and
WHEREAS the federal court system affords a means to liberate the states from the
grips of federal mandates;
FURTHER RESOLVED that this resolution serves as notice and demand to the
federal government to cease and desist, effective immediately, imposing mandates on
the states that are beyond the scope of its constituitionally delegated powers; and be it
FURTHER RESOLVED that Alaska's sister states are urged to participate in any
legal action brought under this resolution.
COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the
United States; the Honorable Al Gore, Jr., Vice-President of the United States and
President of the U.S. Senate; the Honorable Strom Thurmond, President Pro
Tempore of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. House
of Representatives; to the Honorable Ted Stevens and the Honorable Frank
Murkowski, U.S. Honorable Don Young, U.S. Representative, members of the Alaska
delegation in Congress; and to the governor of each of Alaska's sister states.
Arizona:
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=HCR2024
http://forum.prisonplanet.com/index.php?topic=4199.0
See #53, 58 May 2, 1995
http://www.gpo.gov/congress/house/house10cal/104con/102.pdf
QUOTE
SJR1001 - 421R - S Ver
Reference Title: state sovereignty; federal mandates.
A JOINT RESOLUTION
Whereas, the 10th 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 10th Amendment defines the total scope of federal power as being that
specifically granted by the United States Constitution and no more; and
Whereas, the scope of power defined by the 10th Amendment means that the federal
government was created by the states specifically to be an agent of the states; and
Whereas, in the year 1995, the states are demonstrably treated as agents of the
federal government; and
Whereas, resolutions have been forwarded to the federal government by the Arizona
Legislature without any response or result from Congress or the federal government;
and
Whereas, many federal mandates are directly in violation of the 10th 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
1. That the State of Arizona hereby claims sovereignty under the 10th Amendment to
the Constitution of the United States over all powers not otherwise enumerated and
granted to the federal government by the United States Constitution and that this
measure serves as notice and demand to the federal government to cease and desist,
effective immediately, mandates that are beyond the scope of its constitutionally
delegated powers.
2. That the Secretary of State transmit copies of this Resolution to the President and
Vice-president of the United States, the Speaker of the House of Representatives of
the United States, the President of the Senate of the United States, each Member of
the Arizona Congressional Delegation and the Speaker of the House of
Representatives and the President of the Senate of each state legislature in the United
States.
Arkansas: (ADOPTED)
http://www.arkleg.state.ar.us/assembly/2009/R/Bills/HCR1011.pdf
http://www.arkleg.state.ar.us/assembly/2009/R/Pages/MemberProfile.aspx?member=H
obbs
QUOTE
State of Arkansas
2 87th General Assembly
3 Regular Session, 2009 HCR 1011
4
5 By: Representatives Hobbs, Woods, Ragland
6
7
8 HOUSE CONCURRENT RESOLUTION
9 CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO
10 THE CONSTITUTION OF THE UNITED STATES OVER
11 CERTAIN POWERS AND SERVING NOTICE TO THE FEDERAL
12 GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES.
13
14 Subtitle
15 CLAIMING SOVEREIGNTY UNDER THE TENTH
16 AMENDMENT TO THE CONSTITUTION OF THE
17 UNITED STATES OVER CERTAIN POWERS AND
18 SERVING NOTICE TO THE FEDERAL GOVERNMENT
19 TO CEASE AND DESIST CERTAIN MANDATES.
20
21
22 WHEREAS, the Tenth Amendment to the Constitution of the United States
23 provides that “[t]he powers not delegated to the United States by the
24 Constitution, nor prohibited to it by the States, are reserved to the States
25 respectively, or to the people.”; and
26
27 WHEREAS, the Tenth Amendment defines the total scope of federal power
28 as being that specifically granted by the Constitution of the United States
29 and no more; and
30
31 WHEREAS, the scope of power defined by the Tenth Amendment means that
32 the federal government was created by the states specifically to be an agent
33 of the state; and
34
35 WHEREAS, today, in 2009, the states are demonstrably treated as agents
36 of the federal government; and
HCR1011
2 02-20-2009 09:04 MBM175
1
2 WHEREAS, many federal mandates are directly in violation of the Tenth
3 Amendment to the Constitution of the United States; and
4
5 WHEREAS, Article IV, Section 4 of the United States Constitution states
6 in part that “[t]he United States shall guarantee to every State in this
7 Union a Republican Form of Government” and the Ninth Amendment to the United
8 States Constitution states that “[t]he enumeration in the Constitution, of
9 certain rights, shall not be construed to deny or disparage others retained
10 by the people”; and
11
12 WHEREAS, the United States Supreme Court has ruled in New York v.
13 United States, 505 U.S. 144 (1992), that Congress may not simply commandeer
14 the legislative and regulatory processes of the states; and
15
16 WHEREAS, a number of proposals from previous administrations and some
17 now pending from the present administration and from Congress may further
18 violate the Constitution of the United States,
19
20 NOW THEREFORE,
21 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH
GENERAL
22 ASSEMBLY OF THE STATE OF ARKANSAS, THE SENATE CONCURRING THEREIN:
23
24 THAT the State of Arkansas hereby claims sovereignty under the Tenth
25 Amendment to the Constitution of the United States over all powers not
26 otherwise enumerated and granted to the federal government by the
27 Constitution of the United States.
28
29 BE IT FURTHER RESOLVED that this resolution serve as Notice and Demand
30 to the federal government, as our agent, to cease and desist, effective
31 immediately, mandates that are beyond the scope of these constitutionally
32 delegated powers.
33
34 BE IT FURTHER RESOLVED that it is the position of the State of Arkansas
35 that all compulsory federal legislation that directs states to comply under
36 threat of civil or criminal penalties or sanctions or requires states to pass
HCR1011
3 02-20-2009 09:04 MBM175
legislation 1 or lose federal funding be prohibited or repealed.
2
3 BE IT FURTHER RESOLVED that the clerk of the House of Representatives
4 distribute a copy of this resolution to the President of the United States,
5 the President of the United States Senate, the Speaker of the United States
6 House of Representatives, the Speaker of the House and the President of the
7 Senate of each state’s legislature of the United States of America, and each
8 member of the Arkansas Congressional delegation.
9
10
California: (ADOPTED)
http://www.leginfo.ca.gov/cgi-
bin/postquery?bill_number=sjr_44&sess=9394&house=S
http://www.uhuh.com/laws/cal10res.htm
QUOTE
California's Resolution on the 10th - Asserting State's Rights under the 10th Amendment of
the Bill of Rights
WHEREAS, The 10th 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 10th Amendment defines the total scope of federal power as being that
specifically granted by the United States Constitution and no more; and
WHEREAS, The scope of power defined by the 10th Amendment means that the federal
government was created by the states specifically to be an agent of the states; and
WHEREAS, Today, in 1994, the states are demonstrably treated as agents of the federal
government; and
WHEREAS, Numerous resolutions have been forwarded to the federal government by the
California Legislature without any response or result from Congress or the federal
government; and
WHEREAS, Many federal mandates are directly in violation of the 10th 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 United States
Constitution; now, therefore, be it
Resolved by the Senate and Assembly of the State of California, jointly, That the State of
California hereby claims sovereignty under the 10th Amendment to the Constitution of the
United States over all powers not otherwise enumerated and granted to the federal
government by the United States Constitution and that this measure shall 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 its constitutionally delegated powers;
and be it further
Resolved, That the Secretary of the Senate transmit copies of this resolution to the President
and Vice President of the United States, the Speaker of the United States House of
Representatives, the President pro Tempore of the United States Senate, each Senator and
Representative from California in the Congress of the United States and to the Speaker of
the House and the President of the Senate of each state legislature in the United States of
America.
********
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sjr_44&sess=9394&house=S
BILL NUMBER: SJR 44 INTRODUCED 04/14/94
BILL TEXT
This measure would declare the state's sovereignty under the 10th Amendment to the
United States Constitution and demand that the federal government cease and desist
mandates that are beyond the scope of constitutionally delegated powers.
QUOTE
MEMORIALS (House of Representatives - September 16, 1994)
QUOTE
STATE OF COLORADO
BY REPRESENTATIVES Duke, May, (et al.)
ALSO SENATORS Roberts, Ament, (et al.)
"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 10th Amendment defines the total scope of federal power
as being that specifically granted by the United States Constitution and no
more; 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
1. That the State of Colorado hereby claims sovereignty, under the 10th
Amendment to the Constitution of the United States, over all powers not
otherwise enumerated and granted to the federal government by the United
States Constitution.
2. That this Resolution shall serve as Notice and Demand that the federal
government, as our agent, is hereby instructed, effective immediately, to
cease and desist, any and all mandates that are beyond the scope of its
Constitutionally authorized powers.
http://thomas.loc.gov/home/r104query.html
QUOTE
[Page: H3780](Mr. HEFLEY asked and was given permission to
address the House for 1 minute and to revise and extend his remarks
and include extraneous matter.)
Mr. Speaker, I include for the Record the two resolutions referred to:
`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
(1) That the State of Colorado hereby claims sovereignty under the
10th Amendment to the Constitution of the United States over all
powers not otherwise enumerated and granted to the federal
government by the United States Constitution.
(2) 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 its constitutionally delegated powers.
[Page: H3781]
House Joint Resolution 94-1027, Colorado State Legislature
Whereas, The Constitution of the United States envisions sovereign
states and guarantees the states a republican form of government in
which decisions are made by the elected representatives of the people;
and
Whereas, The state and local governments in Colorado are losing their
power to act on behalf of their citizens, as the power of government is
moving farther away from the people into the hands of federal agencies
and officials who are not elected and who are unaware of the needs and
concerns of Colorado and other states; and
QUOTE
STATE OF CONNECTICUT
Proposed Senate Joint Resolution No. 30 Page 1
That, 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 specially granted by the United States Constitution 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 l995, the states
are demonstrably treated as agents of the federal government without cause; and whereas, many federal
mandates are directly in violation of the Tenth Amendment to the Constitution of the United 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 United States Constitution; now therefore be it
jointly resolved by the Connecticut General Assembly (1) that the State of Connecticut hereby affirms
its original sovereignty, protected by the Tenth Amendment to the Constitution of the United States over
all powers not otherwise enumerated and granted to the federal government by the United States
Constitution, all alleged present day national emergencies notwithstanding; and (2) that this serve as Notice
and Demand to the federal government, as our agent, to cease and desist effective mandates that are
beyond the scope of its constitutionally delegated powers; and be it further resolved,
that copies of this resolution be sent to the President of the United States, the Speaker of the United
States House of Representatives, the President of the U.S. Senate, the Speaker of the House and President
of the Senate of each state's legislature of the United States of America, and Connecticut's Congressional
delegation.
Florida:
http://forum.prisonplanet.com/index.php?topic=4199.0
QUOTE
Florida's 10th Amendment Resolution
HOUSE BILL hb0031d
HCR31
WHEREAS, the 10th Amendment defines the total scope federal power as
being that specifically granted by the United States Constitution and no
more, and
WHEREAS, the scope of power defined by the 10th Amendment means that
the federal government was created by the by the states specifically to be an
agent of the states, and
WHEREAS, today in 1995, the states are in fact treated as agents of the
Federal Government, and
WHEREAS, the Vice President of the United States, in the Report of the
National Performance Review, has recommended that unfunded mandates
imposed from Washington, D.C., be cut, that Congress refrain from
imposing new mandates, that an executive order be issued to limit the use of
unfunded mandates in legislative proposals, regulations, and policies, and
that the executive order will narrow the circumstances under which federal
departments and agencies may impose new mandates, 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
QUOTE
09
Senate Resolution 632
By: Senators Pearson of the 51st, Rogers of the 21st, Williams of the
19th, Wiles of the 37th, Mullis of the 53rd and others
ADOPTED SENATE
A RESOLUTION
VI. Further infringements on the right to keep and bear arms including
prohibitions of type or quantity of arms or ammunition; and
That should any such act of Congress become law or Executive Order
or Judicial Order be put into force, all powers previously delegated to
the United States of America by the Constitution for the United States
shall revert to the several States individually. Any future government of
the United States of America shall require ratification of three quarters
of the States seeking to form a government of the United States of
America and shall not be binding upon any State not seeking to form
such a government.
QUOTE
SR 479 98 LC 21 4798
SENATE RESOLUTION 479
A RESOLUTION
1-26 WHEREAS, the boundaries of the State of Georgia are set out
1-27 in the Official Code of Georgia Annotated as follows:
1-28 "50-2-1.
2-42 50-2-2.
3- 7 50-2-3.
3-13 50-2-4.
3-14 The boundary line between Georgia and Alabama shall be the
3-15 line described from Nickajack to Miller's Bend on the
3-16 Chattahoochee River, and down said river to its junction
3-17 with the Flint River.
3-18 50-2-5.
3-19 The boundary line between Georgia and Florida shall be the
3-20 line described from the junction of the Flint and
3-21 Chattahoochee Rivers to the point 37 links north of
3-22 Ellicott's Mound, on the St. Marys River; thence down said
3-23 river to the Atlantic Ocean; thence along the middle of
3-24 the presently existing St. Marys entrance navigational
3-25 channel to the point of intersection with a hypothetical
3-26 line connecting the seawardmost points of the jetties now
3-27 protecting such channel; thence along said line to a
3-28 control point of latitude 30< 42' 45.6" north, longitude
3-29 81< 24' 15.9" west; thence due east to the seaward limit
3-30 of Georgia as now or hereafter fixed by the Congress of
3-31 the United States; such boundary to be extended on the
3-32 same true 90< bearing so far as a need for further
3-33 delimitation may arise."
3-34 WHEREAS, the United States Supreme Court has ruled in New
3-35 York v. United States, 112 S. Ct. 2408 (1992), that Congress
3-36 may not simply commandeer the legislative and regulatory
3-37 processes of the states; and
QUOTE
Georgia Senate - 1995/1996 Sessions
SR 308 - U.S. Constitution - state sovereignty under 10th Amendment
Page Numbers - 1/ 2
Prev Bill Next Bill Bill Summary Bill List Disclaimer
1. Black 53rd
SR 308 LC 22 1439
A RESOLUTION
1-26 WHEREAS, the United States Supreme Court has ruled in New
1-27 York v. United States, 112 S. Ct. 2408 (1992), that Congress
1-28 may not simply commandeer the legislative and regulatory
1-29 processes of the states; and
Hawaii: (ADOPTED)
Jt Res 1994 Adopted; May 27, 2008 Con Con Call & Mentions UN Charter?
http://www.supremecourtus.gov/docket/07-1372.htm
http://hawaiianconstitutionalconvention.com (Calling for a Con Con however ?)
http://hawaiianconstitutionalconvention.com/us_public_law_86-
3_statehood.php
Idaho: (ADOPTED)
http://www.legislature.idaho.gov/legislation/2009/HJM004Bookmark.htm
http://www.legislature.idaho.gov/legislation/2009/HJM003.pdf
http://www.thehighroad.org/showthread.php?p=5375103
QUOTE
LEGISLATURE OF THE STATE OF IDAHO
Sixtieth Legislature First Regular Session 2009
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT MEMORIAL NO. 4
BY STATE AFFAIRS COMMITTEE
1 A JOINT MEMORIAL
2 TO THE PRESIDENT OF THE UNITED STATES, THE SENATE AND
HOUSE OF REPRE3
SENTATIVES OF THE UNITED STATES IN CONGRESS ASSEMBLED,
AND THE
4 CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
IDAHO IN THE
5 CONGRESS OF THE UNITED STATES.
6 We, your Memorialists, the House of Representatives and the Senate of the
State of Idaho
7 assembled in the First Regular Session of the Sixtieth Idaho Legislature,
do hereby respectfully
8 represent that:
9 WHEREAS, Section 2, Article I, of the Constitution of the State of Idaho,
sets forth the
10 Declaration of Rights and reads as follows: "All political power is
inherent in the people.
11 Government is instituted for their equal protection and benefit, and they
have the right to alter,
12 reform or abolish the same whenever they may deem it necessary; and no
special privileges or
13 immunities shall ever be granted that may not be altered, revoked, or
repealed by the legisla14
ture."; and
15 WHEREAS, the Tenth Amendment to the Constitution of the United
States reads as fol16
lows: “The powers not delegated to the United States by the Constitution,
nor prohibited by it
17 to the States, are reserved to the States respectively, or to the people.”;
and
18 WHEREAS, the Tenth Amendment defines the total scope of federal
power as being that
19 specifically granted by the Constitution of the United States and no more;
and
20 WHEREAS, the scope of power defined by the Tenth Amendment means
that the federal
21 government was created by the states specifically to be an agent of the
states; and
22 WHEREAS, today, in 2009, the states are demonstrably treated as agents
of the federal
23 government; and
24 WHEREAS, many federal mandates are directly in violation of the Tenth
Amendment to
25 the Constitution of the United States; and
26 WHEREAS, the United States Supreme Court has ruled in New York v.
United States,
27 505 U.S. 144 (1992), that Congress may not simply commandeer the
legislative and regulatory
28 processes of the states; and
29 WHEREAS, Congress has inappropriately delegated its monetary
authority to the private
30 federal reserve bank, thus failing to protect and provide a sound
monetary system as defined
31 and mandated by the Constitution of the United States, forcing an
unstable currency on us
32 resulting in the past, and the current, economic perils; and
33 WHEREAS, a number of proposals from past and present
Administrations and Congress
34 may violate the Constitution of the United States.
35 NOW, THEREFORE, BE IT RESOLVED by the members of the First
Regular Session of
36 the Sixtieth Idaho Legislature, the House of Representatives and the
Senate concurring therein,
37 that the state of Idaho hereby claims sovereignty under the Tenth
Amendment to the Constitu38
tion of the United States over all powers not otherwise enumerated and
granted to the federal
39 government by the Constitution of the United States.
2
1 BE IT FURTHER RESOLVED that this serves as notice and demand to
the federal gov2
ernment, as our agent, to cease and desist, effective immediately, mandates
that are beyond the
3 scope of these constitutionally delegated powers.
4 BE IT FURTHER RESOLVED that all compulsory federal legislation that
directs states
5 to comply under threat of civil or criminal penalties or sanctions, or
requires states to pass
6 legislation or lose federal funding, be prohibited.
7 BE IT FURTHER RESOLVED that the Chief Clerk of the House of
Representatives be,
8 and she is hereby authorized and directed to forward a copy of this
Memorial to the President
9 of the United States, the President of the Senate and the Speaker of the
House of Represen10
tatives of Congress, and the congressional
http://thomas.loc.gov/home/r104query.html
QUOTE
MEMORIALS (House of Representatives - April 18, 1994)
A JOINT MEMORIAL
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES
IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL
DELEGATION
REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE
UNITED STATES.
We, your Memorialists, the House of Representatives and the Senate of the
State of Idaho
assembled in the First Regular Session of the Sixtieth Idaho Legislature, do
hereby respectfully
represent that:
WHEREAS, the primary purpose of the right to keep and bear arms is to
protect one’s
self, family and possessions from either the private lawlessness of other
persons or the tyranny
of government; and
WHEREAS, the right to keep and bear arms is also meant to protect the
general private
uses of firearms in activities such as hunting and other sporting activities;
and
Illinois:
http://www.ilga.gov/legislation/95/HR/09500HR0279.htm
QUOTE
HR0279 LRB095 11857 CMK 34920 r
1 HOUSE RESOLUTION
http://thomas.loc.gov/cgi-bin/query/D?r103:4:./temp/~r103PvWBKB::
QUOTE
POM-611. A resolution adopted by the House of the General Assembly
of the State of Illinois; to the Committee on Governmental Affairs.
QUOTE
First Regular Session 116th General Assembly (2009)
SENATE RESOLUTION
MADAM PRESIDENT:
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, 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, 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
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.
Iowa:
http://coolice.legis.state.ia.us/Cool-
ICE/default.asp?Category=BillInfo&Service=Billbook&ga=83&menu=text&hbill=SCR1
http://www2.legis.state.ia.us/GA/76GA/Legislation/SJR/00000/SJR00015/Current.html
QUOTE
Senate Concurrent Resolution 1
PAG LIN
S.C.R. ________ H.C.R. ________
QUOTE
The following message was received from the Chief Clerk of the
House:
House File 189, a bill for an act relating to the funding of state
mandates.
INTRODUCTION OF RESOLUTIONS
*********************************
Bill Text
PAG LIN
1 1 That Iowa and the people thereof hereby claim sovereignty
1 2 under the Tenth Amendment to the Constitution of the United
1 3 States over all powers not otherwise enumerated and granted to
1 4 the federal government by the United States Constitution; and
1 5 BE IT FURTHER RESOLVED, That this Resolution serves as a
1 6 notice and demand to the federal government, as Iowa's agent,
1 7 to cease and desist, effective immediately, mandates that are
1 8 beyond the scope of the federal government's constitutionally
1 9 delegated powers; and
1 10 BE IT FURTHER RESOLVED, That copies of this Resolution be
1 11 transmitted to the President of the United States, the Speaker
1 12 of the United States House of Representatives, the President
1 13 of the United States Senate, all of the members of Iowa's
1 14 congressional delegation and the Governor.
1 15 EXPLANATION
1 16 This resolution asserts the state's claim under the 10th
1 17 Amendment to the United States Constitution to all powers not
1 18 enumerated and granted to the federal government by the
1 19 Constitution. The resolution also demands that the federal
1 20 government cease taking actions which infringe upon Iowa's
1 21 rights under the 10th Amendment. Finally, the resolution
1 22 directs that copies of the resolution be sent to the President
1 23 of the United States, the Speaker of the United States House
1 24 of Representatives, the President of the United States Senate,
1 25 Iowa's congressional delegation, and the Governor.
1 26 LSB 1671SS 76
1 27 mk/cf/24
Kansas: (ADOPTED in 1995)
http://www.kslegislature.org/bills/2010/2009_1609.pdf
http://www.gpo.gov/congress/house/house10cal/104con/102.pdf
Session of 2009
Senate Concurrent Resolution No. 1609
By Senator Pilcher-Cook
2-11
WHEREAS, Article IV, Section 4 says, ‘‘The United States shall guar-
antee to every State in this Union a Republican Form of Government’’,
and the Ninth Amendment states that ‘‘The enumeration in the Consti-
tution, of certain rights, shall not be construed to deny or disparage others
retained by the people’’; 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
SCR 1609
Kentucky:
http://www.lrc.ky.gov/record/09RS/HC168.htm
http://www.campaignforliberty.com/blog.php?view=10783
http://www.lrc.state.ky.us/record/09rs/hc172.htm
QUOTE
KENTUCKY 10TH AMENDMENT RESOLUTION
"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 Tenth Amendment assures that we, the people of the United
States of America and each sovereign state in the Union of States, now have,
and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 says, "The United States shall guarantee
to every State in this Union a Republican Form of Government", and the
Ninth Amendment states that "The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others retained by
the people"; 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
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.
http://thomas.loc.gov/home/r104query.html
QUOTE
Senate Resolution 32
`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, today, in 1994 , the states are treated as agents of the federal
government; and
`Whereas, the United States Supreme Court has ruled in New York v.
United States, 112 S. Ct. 2408 (1992), that Congress simply may not
commandeer the legislative and regulatory processes of the states; and
`Section 3. That the Clerk of the Senate is directed to send copies of this
resolution to the President of the United States, the Speaker of the
United States House of Representatives, the President of the United
States Senate, the Speaker of the House and President of the Senate of
each state's legislature of the United States of America, and Kentucky's
Congressional delegation.'
Louisiana - SCR 2 (Crowe) 2009; H Res 1995 Adopted; Senate
Jt Res (Sen. Cain) 1995 Intro
http://www.legis.state.la.us/
http://www.legis.state.la.us/billdata/streamdocument.asp?did=640081
QUOTE
SLS 09RS-243 ORIGINAL
Regular Session, 2009
1 A CONCURRENT RESOLUTION
2 To memorialize the Congress of the United States of America to affirm
Louisiana's
3 sovereignty under the Tenth Amendment to the Constitution of the United
States of
4 America and to demand that the federal government halt the practice of
assuming
5 powers and imposing mandates upon the states for purposes which are not
6 enumerated by the Constitution of the United States of America.
7 WHEREAS, the Tenth Amendment to the Constitution of the United
States of
8 America reads as follows: "The powers not delegated to the United States
by the
9 Constitution, nor prohibited by it to the states are reserved to the states
respectively, or to
10 the people"; and
11 WHEREAS, the Tenth Amendment to the Constitution of the United
States of
12 America defines the total scope of federal power as being that specifically
granted to the
13 Constitution of the United States of America and no more; and
14 WHEREAS, the Tenth Amendment to the Constitution of the United
States of
15 America means that the federal government was created by the states
specifically to be an
16 agent of the states; and
17 WHEREAS, today, in 2009, the states are demonstrably treated as agents
of the
18 federal government; and
http://thomas.loc.gov/cgi‐bin/query/D?r103:4:./temp/~r103PvWBKB::
MEMORIALS (House of Representatives ‐ September 12, 1994)
POM‐612. A concurrent resolution adopted by the Legislature of the State of
Louisiana; to the Committee on the Judiciary.
[Page: H9087]Under clause 4 of rule XXII, memorials were presented and referred as
follows:
475. Also, memorial of the Legislature of the State of Louisiana, relative to the 10th
amendment of the Constitution of the United States; to the Committee on the
Judiciary.
Maine: (ADOPTED)
http://fototime.com/8E357D06B57A6CC/orig.jpg
http://forum.prisonplanet.com/index.php?topic=4199.40
http://fototime.com/E0531DC36FC6958/orig.jpg
Michigan: (ADOPTED)
http://www.legislature.mi.gov/(S(y14ughe0cwtykhf20pbdny45))/mileg.aspx?page=GetO
bject&objectname=2009-HCR-0004
http://www.legislature.mi.gov/documents/2009-
2010/concurrentresolutionintroduced/House/htm/2009-HICR-0004.htm
QUOTE
Rep. Opsommer offered the following concurrent resolution:
A concurrent resolution 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.
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 2009, 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 (the Senate concurring), That we hereby affirm Michigan's
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.
We also 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; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the President of the United
States, the President of the United States Senate, the Speaker of the United States House of
Representatives, and the members of the Michigan congressional delegation.
Minnesota:
http://wdoc.house.leg.state.mn.us/leg/LS86/HF0997.0.pdf
https://www.revisor.leg.state.mn.us/revisor/pages/search_status/status_detail.php?b=H
ouse&f=HF997&ssn=0&y=2009
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0997.0.html&session=ls86
QUOTE
A resolution memorializing the federal government to halt its practice of imposing mandates upon the
states for purposes not enumerated by the Constitution of the United States and affirming Minnesota's
sovereignty under the Tenth Amendment to the Constitution of the United States.
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 2009, 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 Legislature of the State of Minnesota that it urges the President and the
Congress of the United States to halt the federal government's practice of imposing mandates upon the
states for purposes not enumerated by the Constitution of the United States, and that it affirms
Minnesota's 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.
BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed to
prepare copies of this memorial and transmit them to the President of the United States, the President
and the Secretary of the United States Senate, the Speaker and the Clerk of the United States House of
Representatives, the chair of the Senate Committee on the Judiciary, the chair of the House Committee
on the Judiciary, and Minnesota's Senators and Representatives in Congress.
Mississippi:
http://billstatus.ls.state.ms.us/documents/2009/pdf/HC/HC0069IN.pdf
http://billstatus.ls.state.ms.us/documents/2009/html/HC/HC0069IN.htm
http://billstatus.ls.state.ms.us/2009/pdf/history/HC/HC0069.xml
To: Rules
Missouri: (ADOPTED)
1070L.01I
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 2009, the states are demonstrably treated as agents of the federal
government; and
Whereas, many federal laws are directly in violation of the Tenth Amendment to the
Constitution of the United States; and
Whereas, the Tenth Amendment assures that we, the people of the United States of America
and each sovereign state in the Union of States, now have, and have always had, rights the
federal government may not usurp; and
Whereas, Article IV, Section 4 says, "The United States shall guarantee to every State in the
Union a Republican Form of Government", and the Ninth Amendment states that "The
enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people"; and
Whereas, the United States Supreme Court has rules 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 that the members of the House of Representatives of the
Ninety-fifth General Assembly, First Regular Session, the Senate concurring therein,
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; and
Be it further resolved that this concurrent resolution 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; and
Be it further resolved that all compulsory federal legislation which directs states to comply
under threat of civil or criminal penalties or sanctions or requires states to pass legislation
or lose federal funding be prohibited or repealed; and
Be it further resolved that the Chief Clerk of the Missouri House of Representatives be
instructed to prepare a properly inscribed copy of this resolution for 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 of Representatives and President of the
Senate of each state's legislature, and each member of the Missouri Congressional
delegation.
Montana: (ADOPTED)
http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm
http://www.leg.mt.gov/css/default.asp
QUOTE
State of Nevada
Senate Joint Resolution No. 1
WHEREAS, The 10th Amendment confirms that the scope of power of the
Federal Government is no more than that which is specifically enumerated
and delegated to the Federal Government by the Constitution of the United
States; and
WHEREAS, In the case of New York v. United States, 112 S.Ct. 2408 (1992),
the Supreme Court of the United States stated that the Congress of the
United States may not simply commandeer the legislative and regulatory
processes of the states, and that Congress exercises its conferred powers
subject to the limitations contained in the Constitution; and
New Hampshire:
http://www.gencourt.state.nh.us/legislation/2009/HCR0006.html
(UPDATE: The most Comprehensive Bill, but it includes clause talking about
SECESSION, which isn't part of the REAL 10th Amendment Movement goals.)
QUOTE
NEW HAMPSHIRE DECLARES SOVEREIGNTY
http://www.gencourt.state.nh.us/legislation/2009/HCR0006.html
HCR 6 – AS INTRODUCED
2009 SESSION
09-0274
09/01
09-0274
09/01
Whereas the State of New Hampshire when ratifying the Constitution for
the United States of America recommended as a change, “First That it be
Explicitly declared that all Powers not expressly & particularly Delegated by
the aforesaid are reserved to the several States to be, by them Exercised;”
and
That the several States composing the United States of America, are not
united on the principle of unlimited submission to their General
Government; but that, by a compact under the style and title of a
Constitution for the United States, and of amendments thereto, they
constituted a General Government for special purposes, -- delegated to that
government certain definite powers, reserving, each State to itself, the
residuary mass of right to their own self-government; and that whensoever
the General Government assumes undelegated powers, its acts are
unauthoritative, void, and of no force; that to this compact each State
acceded as a State, and is an integral party, its co-States forming, as to itself,
the other party: that the government created by this compact was not made
the exclusive or final judge of the extent of the powers delegated to itself;
since that would have made its discretion, and not the Constitution, the
measure of its powers; but that, as in all other cases of compact among
powers having no common judge, each party has an equal right to judge for
itself, as well of infractions as of the mode and measure of redress; and
That any Act by the Congress of the United States, Executive Order of the
President of the United States of America or Judicial Order by the
Judicatories of the United States of America which assumes a power not
delegated to the government of United States of America by the Constitution
for the United States of America and which serves to diminish the liberty of
the any of the several States or their citizens shall constitute a nullification of
the Constitution for the United States of America by the government of the
VI. Further infringements on the right to keep and bear arms including
prohibitions of type or quantity of arms or ammunition; and
That should any such act of Congress become law or Executive Order or
Judicial Order be put into force, all powers previously delegated to the
United States of America by the Constitution for the United States shall
revert to the several States individually. Any future government of the
United States of America shall require ratification of three quarters of the
States seeking to form a government of the United States of America and
shall not be binding upon any State not seeking to form such a government;
and
http://thomas.loc.gov/home/r104query.html
QUOTE
MEMORIALS (House of Representatives - June 14, 1994)
Contact Reps:
http://www.ncleg.net/GIS/RandR07/Home.html
QUOTE
Ohio: HCR 11 2009 (Rep Jarrod Martin & Rep. Kris Jordan);
http://www.legislature.state.oh.us/res.cfm?ID=128_HCR_11
http://sovereign.ohiofreedom.com/wordpress/
http://ohiorepublic.blogspot.com/
QUOTE
As Introduced
--------------------------------------------------------------------------------
A CONCURRENT RESOLUTION
QUOTE
STATE OF OKLAHOMA
"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 Tenth Amendment assures that we, the people of the United
States of America and each sovereign state in the Union of States, now have,
and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 says, "The United States shall guarantee
to every State in this Union a Republican Form of Government", and the
Ninth Amendment states that "The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others retained by
the people"; 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
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.
QUOTE
Here is a copy of a State Sovereignty ACT that was introduced by
Representative Charles Key of Oklahoma back in 1995.
http://forum.prisonplanet.com/index.php?topic=4199.0
STAFF REPORT
PROVISIONS:
1. Creates the State Sovereignty Act.
2. Declares legislative intent that the U.S. Congress does not have
the right under the federal Constitution to withhold from the States the
benefits of federal taxes through unconstitutional mandates. States that the
State of Oklahoma reasserts its claim of sovereignty.
3. Defines terms used in this act. Creates the "Federal Tax Fund" in
the state treasury which shall be an escrow account. Specifies that any
interest carried on the deposit of monies in the Fund along with any civil
penalties associated with this act shall remain in the fund and shall not
revert to the General Revenue Fund of the state at the end of any fiscal year.
Provides that such interest shall be used to pay any necessary administrative
costs incurred pursuant to this act and any excess interest and penalties
shall be transferred to the State Transportation Fund.
4. Requires any person liable for any federal excise, income or liquor
alcohol tax to remit the Lax to the Oklahoma Tax Commission for deposit
Into
the Fund.
7. Specifies that any person who fails to comply with this Act shall
be subject to a civil penalty in an amount equal to 150% of the tax owed for
each day the person fails to comply.
- - - - - - - - - - - - - - - - - - - -
STATE OF OKLAHOMA
COMMITTEE SUBSTITUTE
An Act relating to revenue and taxation; creating the State Sovereignty Act;
Providing short title; providing definitions; declaring legislative intent;
creating the Federal Tax Fund; providing for interest earned on certain
monies; providing for remittance of certain taxes by certain persons;
providing for transmission of certain monies to State Treasurer; providing
certain duties of State Treasurer regarding transferring of withholding
certain funds; providing for certain surcharge; providing for civil penalties;
providing for deposit of Certain Penalties; providing for act to apply to
certain taxes collected after certain date; providing for codification;
providing an effective date; and declaring an emergency.
This act shall be known and may be cited as the "State Sovereignty Act".
2. "Excise tax" means any tax that forms a component of the highway
users tax fund;
3. "Income tax" means any tax imposed by the federal government on any
income earned by a taxpayer; and
F. Any person who fails to comply with this section shall be subject to a
civil penalty in an amount equal to one hundred fifty percent (150%) of the
tax owed for each day the person fails to comply with this section. Any civil
penalties assessed under this section shall be deposited into the Federal Tax
Fund established in this section,
G. The act shall apply to federal taxes to be collected after June 30, 1995.
__________________________________________________
As you have now read, the 10th Amendment / State Sovereignty Resolution
reasserts the state's sovereign position and demands that the federal
government comply with the terms of the Constitution. What if the Federal
Government chooses to ignore the demands of the Sovereign States?
Now consider this: If you rent a house or apartment and your landlord
doesn't comply with his end of the lease by fixing the plumbing or the
furnace you can lawfully pay your rent to an escrow account and, therefore,
force him to hold up his end of the contract.
Since the federal government has not complied with the terms of its
contract (the Constitution) with us, then perhaps we can, with the assistance
and under the direction of our states' legislatures, have any number of our
taxes paid into a state administered escrow account. These types of taxes
could be any combination of Federal Excise taxes, Income taxes, Social
Security Taxes, etc., etc.
Simply stated, "Until you comply with your contract with the American
People, the escrowed tax dollars will be held by the various states." Federal
courts will not have jurisdiction in these matters as they are agents of the
defaulting party - the Federal Government.
The following bill passed the Oklahoma House "Revenue and Taxation
Committee" unanimously on Tuesday, February 7th, 1995. Since then, it
unanimously passed the House and was expected to pass the Senate with
little
problems. However, the act was not called for vote in the Senate before the
session ended (3/30/95) so it is dead and will have to be reintroduced. The
bill's sponsor is Representative Charles Key, House of Representatives, State
of Oklahoma, Room 508, Oklahoma City, Oklahoma 73105.
Oregon:
http://www.leg.state.or.us/09reg/measures/hjm1.dir/hjm0017.intro.html
http://www.leg.state.or.us/09reg/measpdf/hjm1.dir/hjm0017.intro.pdf
http://www.leg.state.or.us/bills_laws/
http://www.dennisrichardson.org/
QUOTE
75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
LC 1659
House Joint Memorial 17
SUMMARY
JOINT MEMORIAL
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 United States Supreme Court has ruled in New York
v. United States, 505 U.S. 144, 175 (1992), that Congress may not
simply commandeer the legislative and regulatory processes of the
states; and
South Carolina:
http://www.scstatehouse.gov/sess118_2009-2010/bills/3509.htm
http://www.scstatehouse.gov/sess118_2009-2010/bills/424.htm
QUOTE
COMMITTEE REPORT
February 24, 2009
H. 3509
THE COMMITTEE ON
to affirm the rights of all states including South Carolina based on the
provisions of the Ninth and Tenth Amendments, etc., respectfully
REPORT:
That they have duly and carefully considered the same and recommend that
the same do pass:
A CONCURRENT RESOLUTION
TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING SOUTH
CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND
TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.
Whereas, the South Carolina General Assembly declares that the people of
this State have the sole and exclusive right of governing themselves as a free,
sovereign, and independent State, and shall exercise and enjoy every power,
jurisdiction, and right pertaining thereto, which is not expressly delegated
by them to the United States of America in the congress assembled; and
Whereas, some states when ratifying the Constitution for the United States
of America recommended as a change, "that it be explicitly declared that all
powers not expressly and particularly delegated by the aforesaid are
reserved to the several states to be by them exercised"; and
Whereas, these recommended changes were incorporated as the Ninth
Amendment, where the enumeration of certain rights shall not be construed
to deny or disparage others retained by the people, and as the Tenth
Amendment, where 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 several states of the United States of America, through the
Constitution and the amendments thereto, constituted a general government
for special purposes and delegated to that government certain definite
powers, reserving each state to itself, the residuary right to their own self
government. Now, therefore,
That the General Assembly of South Carolina, based on the above principles
and provisions, hereby declares by this resolution, that any act by the
Congress of the United States, Executive Order of the President of the
United States, or Judicial Order by the federal courts which assumes a
power not delegated to the government of the United States of America by
the Constitution and which serves to diminish the liberty of any of the
several states or their citizens shall abridge the Constitution. The General
Assembly further declares that acts which would cause such an abridgment
include, but are not limited to:
(1) establishing martial law or a state of emergency within one of the states
comprising the United States of America without the consent of the
legislature of that state;
(6) further infringements on the right to keep and bear arms including
prohibitions of type or quantity of arms or ammunition.
Be it further resolved that a copy of this resolution be forwarded to the
United States Senate, the United States House of Representatives, and each
member of the South Carolina Congressional Delegation.
----XX----
This web page was last updated on March 3, 2009 at 12:40 PM
South Dakota:
http://legis.state.sd.us/sessions/2009/Bills/HCR1013P.pdf
http://legis.state.sd.us/sessions/2009/Bill.aspx?Bill=HCR1013
http://legis.state.sd.us/sessions/2009/Bills/HCR1013P.htm
QUOTE
State of South Dakota
EIGHTY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2009
"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 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, 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, any Act by the Congress of the United States, Executive Order
of the President of the United States of America, or Judicial Order by the
judicatories of the United States of America which assumes a power not
delegated to the government of the United States of America by the
Constitution of the United States of America and which serves to diminish
the liberty of any of the several states or their citizens constitutes a
nullification of the Constitution of the United States of America by the
government of the United States of America; and
QUOTE
TEXAS HAS JOINED THE SOVEREIGNTY MOVEMENT!!
INTRODUCED IN TEXAS
81R5789 MMS-F
CONCURRENT RESOLUTION
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 2009, the states are demonstrably treated
as agents of the federal government; and
WHEREAS, Many federal laws are directly in violation of the
Tenth Amendment to the Constitution of the United States; and
WHEREAS, The Tenth Amendment assures that we, the people of
the United States of America and each sovereign state in the Union
of States, now have, and have always had, rights the federal
government may not usurp; and
WHEREAS, Section 4, Article IV, of the Constitution says,
"The United States shall guarantee to every State in this Union a
Republican Form of Government," and the Ninth Amendment states that
"The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people";
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, That the 81st Legislature of the State of Texas
hereby claim 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; and, be it further
RESOLVED, 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; and, be it further
RESOLVED, That all compulsory federal legislation that
directs states to comply under threat of civil or criminal
penalties or sanctions or that requires states to pass legislation
or lose federal funding be prohibited or repealed; and, be it
further
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the president of the United States, to
the speaker of the house of representatives and the president of the
senate of the United States Congress, and to all the members of the
Texas delegation to the congress with the request that this
resolution be officially entered in the Congressional Record as a
memorial to the Congress of the United States of America.
QUOTE
Texas has Bill: HCR 66 (no action on it yet)
HCR 66:
...RESOLVED, That any act by the Congress of the United States,
executive order of the president of the United States of America, or
judicial order by the judicatories of the United States of America
that assumes a power not delegated to the government of the United
States of America by the Constitution for the United States of
America and that serves to diminish the liberty of any of the
several states or their citizens shall constitute a nullification
of the Constitution for the United States of America by the
government of the United States of America; acts that would cause
such a nullification include, but are not limited to:
QUOTE
Enrolled Copy
H.J.R. 3
STATE OF UTAH
[Page 2]
WHEREAS the 10th Amendment defines the scope of federal power as being
that specifically granted by the United States Constitution and no
more;
WHEREAS the scope of power defined by the 10th Amendment means that
the federal government was created by the states specifically to be an
agent of the states;
WHEREAS the Vice President of the United States in the Report of the
National Performance Review has recommended that unfunded mandates
imposed from Washington, D.C., be cut; that Congress refrain from
imposing new mandates; and that an executive order be issued to limit
the use of unfunded mandates on legislative proposals, regulations,
and policies, and to narrow the circumstances under which federal
departments and agencies may impose new mandates;
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
QUOTE
089534676
----------
Referred to Committee on Rules
----------
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 Tenth Amendment assures that we, the people of the United
States of America and each sovereign state of the United States, now have,
and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 says that “The United States shall
guarantee to every state in this Union a Republican form of government,”
and the Ninth Amendment states that ”The enumeration in the Constitution,
of certain rights, shall not be construed to deny or disparage others retained
by the people”; and
WHEREAS, the United States Supreme Court has ruled in New York v.
United States, 505 U. S. 144 (1992), that Congress may not simply
commandeer the legislative and regulatory processes of the states; and
QUOTE
HOUSE JOINT RESOLUTION NO. 633
Memorializing Congress to observe the 10th Amendment to the Constitution
of the United States.
WHEREAS, that vision of federalism, with the states retaining those powers
not specifically delegated by the Constitution to the federal government, has
been subverted by an insolvent federal government that imposes
increasingly onerous and costly mandates on the states; and
WHEREAS, the assault by the Congress of the United States on the 10th
Amendment showing no signs of abating, the time for the states to exert
their constitutional rights has come; now, therefore, be it
QUOTE
WASHINGTON STATE DECLARES SOVEREIGNTY!!!
2009
---------------------------------------------------------- ----------------------
HJM 4009 - 2009-10
H-1028.1
____________ _________ _________ _________ ______
HOUSE JOINT MEMORIAL 4009
________ _________ _________ _________ ______
State of Washington 61st Legislature 2009 Regular Session
By Representatives Shea, Klippert, Condotta, Kretz, Anderson, McCune,
and Kristiansen
3 Those which are to remain in the state governments are numerous and
4 indefinite.
The former will be exercised principally on external
5 objects, [such] as war, peace, negotiation, and foreign commerce.
The
6 powers reserved to the several states will extend to all the objects
7 which, in the ordinary course of affairs, concern the lives,
liberties,
8 and properties of the people.
"; and
9 WHEREAS, Thomas Jefferson emphasized that the states are not
10 "subordinate" to the national government, but rather the two are
11 "coordinate departments of one simple and integral whole.
The one is
12 the domestic, the other the foreign branch of the same government.
";
13 and
14 WHEREAS, Alexander Hamilton expressed his hope that "the people
15 will always take care to preserve the constitutional equilibrium
16 between the general and the state governments.
" He believed that "this
17 balance between the national and state governments forms a double
18 security to the people.
If one [government] encroaches on their
19 rights, they will find a powerful protection in the other.
Indeed,
20 they will both be prevented from overpassing their constitutional
21 limits by [the] certain rivalship which will ever subsist between
22 them.
"; and
23 WHEREAS, The scope of power defined by the Tenth Amendment means
24 that the federal government was created by the states specifically
to
25 be limited in its powers relative to those of the various states;
and
26 WHEREAS, Today, in 2009, the states are demonstrably treated as
27 agents of the federal government; and
28 WHEREAS, Many federal mandates are directly in violation of the
29 Tenth Amendment to the Constitution of the United States; and
30 WHEREAS, The United States Supreme Court has ruled in New York v.
31 United States, 112 S. Ct.
2408 (1992), that Congress may not simply
32 commandeer the legislative and regulatory processes of the states;
and
33 WHEREAS, A number of proposals from previous administrations and
34 some now being considered by the present administration and from
35 Congress may further violate the Constitution of the United States;
36 NOW, THEREFORE, Your Memorialists respectfully resolve:
37 (1) That the State of Washington hereby claims sovereignty under
HJM 4009 p. 2
1 the Tenth Amendment to the Constitution of the United States over
all
2 powers not otherwise enumerated and granted to the federal
government
3 by the Constitution of the United States; and
4 (2) That this serve as a Notice and Demand to the federal
5 government to maintain the balance of powers where the Constitution
of
6 the United States established it and to cease and desist, effective
7 immediately, any and all mandates that are beyond the scope of its
8 constitutionally delegated powers.
9 BE IT RESOLVED, That copies of this Memorial be immediately
10 transmitted to the Honorable Barack Obama, President of the United
11 States, the President of the United States Senate, the Speaker of
the
12 House of Representatives, the President of the Senate and the
Speaker
13 of the House of Representatives of each state's legislature of the
14 United States of America, and each member of Congress from the
State of
15 Washington. --- END --- p.3 HJM 4009
West Virginia: HCR 49 (2009); Jt Res (Sen Boley) Introduced 1995
http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/Bills/hcr4
9%20intr.htm
QUOTE
HOUSE CONCURRENT RESOLUTION NO. 49
(By Delegates J. Miller, Andes, Armstead, Azinger, Blair, Carmichael, Cowles, Lane,
Overington, Porter and Walters)
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; providing that certain federal legislation be prohibited or repealed;
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, 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; and
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"; and
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"; 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 2009, the states are demonstrably treated as agents of the federal
government; and
Whereas, Many federal laws are directly in violation of the Tenth Amendment to the
Constitution of the United States; and
Whereas, The Tenth Amendment assures that we, the people of the United States of
America and each sovereign state in the Union of States, now have, and have always
had, rights the federal government may not usurp; and
Whereas, Article IV, Section 4 provides, "The United States shall guarantee to every
state in this union a Republican Form of Government", and the Ninth Amendment
states that "The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people"; 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; therefore, be it
That the State of West Virginia 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; and, be it
Further Resolved, 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; and, be it
Further Resolved, That all compulsory federal legislation which directs states to comply
under threat of civil or criminal penalties or sanctions or requires states to pass
legislation or lose federal funding be prohibited or repealed; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of
this resolution 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 of Delegates and the President of the Senate of each state Legislature of the
United States, United States Senators Robert C. Byrd and John D. Rockefeller IV,
Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.
Wisconsin: SR6
http://www.legis.state.wi.us/2009/data/SR-6.pdf
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=indxauth&jd=A89
(Search on: Sovereignty)
QUOTE
2009 SENATE RESOLUTION 6
Whereas, the Tenth Amendment to the Constitution of the United States reads,
“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 U.S. Constitution and no more; and
Whereas, as the scope of power is defined by the Tenth Amendment, the federal
government was created by the states specifically to be an agent of the states; and
Whereas, today the states are demonstrably treated as agents of the federal
government; and
Whereas, the U.S. 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
Resolved by the senate, That the senate 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 U.S.
Constitution; and, be it further
Resolved, That this resolution shall 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 its constitutionally delegated powers; and, be it further
Resolved, That the senate chief clerk shall provide copies of this joint resolution to the
president of the United States, to the speaker of the U.S. House of Representatives, to the
presiding officer of each house of each state legislature of the United States, and to each
member of this state’s congressional delegation.