1 ENGROSSED HOUSE

JOINT
2 RESOLUTION NO. 1003 By: Key, Reynolds, Peterson,
Faught, Tibbs, Sanders,
3 Moore and Kern of the House

4 and

5 Brogdon of the Senate

8 A Joint Resolution claiming sovereignty under the

Tenth Amendment to the Constitution of the United
9 States over certain powers; serving notice to the
federal government to cease and desist certain
10 mandates; providing that certain federal legislation
be prohibited or repealed; and directing distribution.
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WHEREAS, the Tenth Amendment to the Constitution of the United
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States reads as follows:
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"The powers not delegated to the United States by the
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Constitution, nor prohibited by it to the States, are reserved to
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the States respectively, or to the people."; and
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WHEREAS, the Tenth Amendment defines the total scope of federal
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power as being that specifically granted by the Constitution of the
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United States and no more; and
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WHEREAS, the scope of power defined by the Tenth Amendment means
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that the federal government was created by the states specifically
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to be an agent of the states; and
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 1 WHEREAS, today, in 2009, the states are demonstrably treated as

2 agents of the federal government; and

3 WHEREAS, many federal laws are directly in violation of the

4 Tenth Amendment to the Constitution of the United States; and

5 WHEREAS, the Tenth Amendment assures that we, the people of the

6 United States of America and each sovereign state in the Union of

7 States, now have, and have always had, rights the federal government

8 may not usurp; and

9 WHEREAS, Article IV, Section 4 says, “The United States shall

10 guarantee to every State in this Union a Republican Form of

11 Government”, and the Ninth Amendment states that “The enumeration in

12 the Constitution, of certain rights, shall not be construed to deny

13 or disparage others retained by the people”; and

14 WHEREAS, the United States Supreme Court has ruled in New York

15 v. United States, 112 S. Ct. 2408 (1992), that Congress may not

16 simply commandeer the legislative and regulatory processes of the

17 states; and

18 WHEREAS, a number of proposals from previous administrations and

19 some now pending from the present administration and from Congress

20 may further violate the Constitution of the United States.

21 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES

22 AND THE SENATE OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE:

23 THAT the State of Oklahoma hereby claims sovereignty under the

24 Tenth Amendment to the Constitution of the United States over all

ENGR. H. J. R. NO. 1003 Page 2

 1 powers not otherwise enumerated and granted to the federal

2 government by the Constitution of the United States.

3 THAT this serve as Notice and Demand to the federal government,

4 as our agent, to cease and desist, effective immediately, mandates

5 that are beyond the scope of these constitutionally delegated powers.

6 THAT all compulsory federal legislation which directs states to

7 comply under threat of civil or criminal penalties or sanctions or

8 requires states to pass legislation or lose federal funding be

9 prohibited or repealed.

10 THAT a copy of this resolution be distributed to the President

11 of the United States, the President of the United States Senate, the

12 Speaker of the United States House of Representatives, the Speaker

13 of the House and the President of the Senate of each state's

14 legislature of the United States of America, and each member of the

15 Oklahoma Congressional Delegation.

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ENGR. H. J. R. NO. 1003 Page 3

 1 Passed the House of Representatives the 18th day of February,

2 2009.

5 Presiding Officer of the House of

Representatives
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7 Passed the Senate the ____ day of __________, 2009.

10 Presiding Officer of the Senate

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ENGR. H. J. R. NO. 1003 Page 4

 1 OKLAHOMA HOUSE OF REPRESENTATIVES
Fifty-Second Legislature
2 First Regular Session

3 HOUSE JOINT RES 1003Constitution; claiming sovereignty under the Tenth

Key Amendment
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THIRD READING PASSED
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YEAS: 83 RCS# 247
NAYS: 13 2/18/2009
6 EXC : 5 2:59 PM
C/P : 0
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YEAS: 83
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Armes Glenn McDaniel, R. Roan
9 Bailey Hickman McMullen Sanders
Banz Hilliard McNiel Schwartz
10 Billy Holland Miller Sears
Blackwell Inman Moore Shannon
Brannon Jackson Morrissette Sherrer
11 Buck Jett Murphey Shoemake
Carey Johnson Nations Steele
12 Christian Jones Nelson Sullivan
Coody Jordan Ortega Terrill
Cooksey Joyner Osborn Thompson
13 Cox Kern Ownbey Thomsen
Dank Key Peters Tibbs
14 Denney Kirby Peterson Trebilcock
Derby Kouplen Pittman Walker
15 DeWitt Lamons Proctor Watson
Dorman Liebmann Pruett Wesselhoft
Duncan Luttrell Renegar Wright, H.
16 Enns Martin, Sc Reynolds Wright, J.
Faught Martin, St. Richardson Mr. Speaker
17 Fields McCullough Ritze

18 NAYS: 13

19 Auffet Hoskin Morgan Smithson

Cannaday Kiesel Rousselot
20 Collins McAffrey Shelton
Harrison McPeak Shumate
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EXCUSED: 5
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Brown McDaniel, J. Williams
Hamilton Scott
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24 CONSTITUTIONAL PRIVILEGE: 0

ENGR. H. J. R. NO. 1003 Page 5

 1 Supporting Documents:
Bill Summary
2 hjr1003 third reading passed vote okh00247.txt
3 Short Title:
Sovereignty; claiming sovereignty under the Tenth Amendment to the
4 United States Constitution.
5 Primary Authors:
Key, Brogdon
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CoAuthors:
7 Tibbs, Reynolds, Peterson, Kern, Faught, Newberry, Russell, Sanders,
Moore
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Subject(s):
9 Government
10 Citations:
Citation Type Comment Eff. Date
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12 Bill History:
Date Flags Chamber H Page S Page Text
13 2/2/2009 @ H 254 First Reading
2/2/2009 @ H 254 Authored by Representative Key
14 2/3/2009 @ H 329 Second Reading referred to Rules
2/12/2009 @ H 506 CR; Do Pass Rules Committee
15 2/12/2009 @ H 506 Coauthored by Representative(s)
Reynolds
16 2/12/2009 @ H 506 Authored by Senator Brogdon (principal
Senate author)
17 2/18/2009 @ H 557 General Order
2/18/2009 @ H 557 Coauthored by Representative(s)
18 Peterson, Faught, Tibbs, Sanders, Moore, Kern
2/18/2009 @ H 557 Third Reading, Measure passed: Ayes:
19 83 Nays: 13
2/18/2009 @ H 557 Referred for engrossment
20 2/19/2009 @ H 568 Engrossed, signed, to Senate
2/19/2009 @ S 474 First Reading
21 3/12/2009 @ S 1017 Second Reading referred to Judiciary
3/31/2009 @ S 1084 Withdrawn from Judiciary committee
22 3/31/2009 @ S 1084 Referred to Appropriations
4/2/2009 @ S Reported Do Pass as amended
23 Appropriations committee; pending CR
4/6/2009 @ S 1116 Reported Do Pass as amended
24 Appropriations committee; CR filed

ENGR. H. J. R. NO. 1003 Page 6

 1 4/6/2009 @ S 1116 Title stricken
4/15/2009 @ S Title restored
2 4/15/2009 @ S Amendment restored bill to engrossed
version
3 4/15/2009 @ S coauthored by Newberry, Russell
4/15/2009 @ S Measure passed: Ayes: 29 Nays: 18
4 4/15/2009 @ S Engrossed measure signed, returned to
House
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ENGR. H. J. R. NO. 1003 Page 7