P. 1
10th Amendment State Sovereignty Movement - Legislation Per State

10th Amendment State Sovereignty Movement - Legislation Per State

4.75

|Views: 1,778|Likes:
Published by jofortruth
A list of States joining the 10th Amendment Sovereignty movement.

This is NOT about secession! It's about the States' reclaiming their Constitutional 10th Amendment powers, and demanding that the Federal Government 'Cease and Desist' mandates to States that are beyond the scope of its constitutionally delegated powers, and for other purposes.

This is not a partisan issue! It's about the future of our Republic.

If your State has not introduced this legislation, then you have some work to do!
A list of States joining the 10th Amendment Sovereignty movement.

This is NOT about secession! It's about the States' reclaiming their Constitutional 10th Amendment powers, and demanding that the Federal Government 'Cease and Desist' mandates to States that are beyond the scope of its constitutionally delegated powers, and for other purposes.

This is not a partisan issue! It's about the future of our Republic.

If your State has not introduced this legislation, then you have some work to do!

More info:

Published by: jofortruth on Mar 19, 2009
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/26/2014

pdf

text

original

http://z4.invisionfree.com/The_Great_Deception/index.php?

showtopic=6267 

10th Amendment Sovereignty Movement – It’s NOT about Secession! Alternative PDF download site: (if this one doesn’t work) http://www.mediafire.com/download.php?fnwjjzzidwm

Alabama: (ADOPTED)
http://alisondb.legislature.state.al.us/acas/ViewBillsStatusACASLogin.asp?BillNumber= hjr298 http://www.tenthamendmentcenter.com/2009/03/18/alabama-hjr298-and-the-principlesof-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GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES, AND PROVIDING THAT CERTAIN FEDERAL LEGISLATION BE PROHIBITED OR REPEALED.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, 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, 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 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 ALABAMA, BOTH HOUSES THEREOF CONCURRING, That the State of Alabama 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. BE IT FURTHER RESOLVED, That this resolution serves 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. BE IT FURTHER RESOLVED, That all compulsory federal legislation that 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. BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded 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 and the President of the Senate of each state’s legislature, and the entire delegation of the Alabama members of the U.S. Congress. QUOTE See #115, June 19, 1995 http://www.gpo.gov/congress/house/house10cal/104con/102.pdf June 19, 1995 CONGRESSIONAL RECORD—HOUSE H6089 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 01 Relating to sovereign powers of the state. 02 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: 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 05 States, are reserved to the States respectively, or to the people"; and 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 09 federal government was created by the states specifically to be an agent of the states; and 10 WHEREAS some federal actions weaken states' rights protected by the Tenth 11 Amendment to the Constitution of the United States; and 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 16 States shall guarantee to every State in this Union a Republican Form of Government," and 01 the Ninth Amendment to the Constitution of the United States reads, "The enumeration in the 02 Constitution, of certain rights, shall not be construed to deny or disparage others retained by 03 the people"; and 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 06 legislative and regulatory processes of the states; and 07 WHEREAS all states, including Alaska, find themselves regularly facing proposals 08 from the United States Congress that weaken states' rights protected by the Tenth 09 Amendment; 10 BE IT RESOLVED that the House of Representatives hereby claims sovereignty for 11 the state under the Tenth Amendment to the Constitution of the United States over all powers 12 not otherwise enumerated and granted to the federal government by the Constitution of the 13 United States; and be it 14 FURTHER RESOLVED that this resolution serves as Notice and Demand to the 15 federal government, as our agent, to cease and desist, effective immediately,

mandates that are 16 beyond the scope of these constitutionally delegated powers; and be it 17 FURTHER RESOLVED that all compulsory federal legislation that directs states to 18 comply under threat of civil or criminal penalties or sanctions or requires states to pass 19 legislation or lose federal funding be prohibited or repealed. 20 COPIES of this resolution shall be sent to the Honorable Barack Obama, President of 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 Relating to mandates imposed on the states by the federal government. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 many federal mandates are directly in violation of the Tenth Amendment; and SJR 7 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 numerous resolutions addressing various mandates imposed on the states by federal law have been sent to the federal government by the Alaska State Legislature without any response or result; 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; BE IT RESOLVED that the Alaska State Legislature hereby claims sovereignty under the 10th Amendment to the Constitution for the United States over all powers not otherwise enumerated and granted to the federal government by that constitution; and be it 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 RELOLVED that the Governor is respectfully requested to examine and challenge by legal action on behalf of the state, federal mandates contained in court rulings, federal laws and regulations, or federal practices to the extent those mandates infringe on the sovereignty of Alaska or the state's authority over issues affecting its citizens; 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 DECLARING THIS STATE'S SOVEREIGNTY UNDER THE UNITED STATES CONSTITUTION AND DEMANDING THAT THE FEDERAL GOVERNMENT STOP MANDATES THAT ARE BEYOND ITS POWERS. 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 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. Therefore Be it resolved by the Legislature of the State of Arizona: 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/cgibin/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 This bill was approved and chartered. The original was found at http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sjr_44&sess=9394&house=S SENATE JOINT RESOLUTION NO. 44 INTRODUCED BY STATE SENATOR DON ROGERS April 13, 1994 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 INTRODUCED BY Senators Rogers, Ayala, Bergeson, Beverly, Boatwright, Campbell, Dills, Hill, Hurtt, Johannessen, Kelley, Kopp, Leonard, Leslie, Lewis, Maddy, McCorquodale, Mello, Peace, Presley, Wright, and Wyman (Coauthors: Assembly Members Aguiar, Alby, Allen, Andal, Baca, Boland, Bowen, Bowler, Brulte, Cannella, Conroy, Cortese, Costa, Epple, Ferguson, Frazee, Goldsmith, Harvey, Hauser, Haynes, Hoge, Honeycutt, Horcher, Johnson, Jones, Katz, Knight, Knowles, McPherson, Morrow, Mountjoy, Murray, Pringle, Rainey, Richter, Statham, Takasugi, Tucker, Weggeland, and Woodruff) APRIL 14, 1994 Senate Joint Resolution No. 44 Relative to the 10th Amendment. LEGISLATIVE COUNSEL'S DIGEST SJR 44, as introduced, Rogers. 10th Amendment. 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. Fiscal committee: no. [This bill was approved and chartered on August 29, 1994.]

QUOTE MEMORIALS (House of Representatives - September 16, 1994) 487. Also, memorial of the Senate of the State of California, relative to the 10th amendment to the Constitution of the United States; to the Committee on the Judiciary.

Colorado: (ADOPTED)
http://www.lawfulpath.com/ref/10th-mnd.shtml QUOTE STATE OF COLORADO BY REPRESENTATIVES Duke, May, (et al.) ALSO SENATORS Roberts, Ament, (et al.) HOUSE JOINT RESOLUTION 94-1035 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 powers 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 Colorado General Assembly 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 prior administrations and many now pending from the present administration and from Congress may further violate the United States Constitution; now, therefore, Be It Resolved by the House of Representatives of the Fifty-ninth General

Assembly of the State of Colorado, a sovereign Republic, the Senate concurring herein: 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. 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 United States Senate, and each legislative house of each State of the United States of America, and Colorado's Congressional Delegation. signed) Charles E.Berry, Speaker of the House of Representatives signed) Tom Norton, President of the Senate signed) Judith Rodrigue, Chief Clerk of the House of Representatives signed) Joan M. Albi, Secretary of the Senate http://thomas.loc.gov/home/r104query.html

CONGRESS EXCEEDS DELEGATED POWERS IN ITS MANDATES TO THE STATES (House of Representatives May 20, 1994)
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. HEFLEY. Mr. Speaker, yesterday I received two resolutions from the Colorado State Legislature, and I would like to share those with the Members and put them in the Record as a reminder to us.

The first resolution talks about the 10th amendment and
reminds us that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are States' powers, powers of the people, and that we should keep our hands off of that.

The second one goes a little further. The second one says, `We have had it, we are tired of it, and we are not going to take it any more.' They have instructed the attorney general of the State of Colorado to file legal action against the United States of America to say, `You cannot do this any more based on the Constitution,' and they have encouraged other States to join with them in this suit.
We must change the way we look. We cannot sit here on the Potomac and pretend that we are all-wise and all-powerful, and that we have the corner on what is best for every State in the Union. The Federal Government, Mr. Speaker, did not create the States for its benefit, the States created the Federal Government for their benefit. We have to change the way we look at this. Mr. Speaker, I include for the Record the two resolutions referred to: House Joint Resolution 94-1035, Colorado State Legislature 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 defined 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 Colorado General Assembly 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 House of Representatives of the Fifty-ninth General Assembly of the State of Colorado, the Senate concurring herein: (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. 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 United States Senate, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and Colorado's Congressional delegation. ----[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 Whereas, With increasing and alarming frequency important decisions

affecting the lives of Colorado citizens are being made by the federal government in the form of both funded and unfunded federal mandates imposed on the states; and Whereas, Congress fails to provide adequate means to implement many of the federal mandates directed to the states which places state governments in a vice that threatens to squeeze state resources beyond their limits; and Whereas, Imposition of unfunded federal mandates requires states to fund the federal requirements with diminishing state revenues or jeopardize their eligibility for certain federal funds; and Whereas, The states and Congress should engage in earnest discussions to resolve the difficult position that states are forced into by their efforts to comply with the growing number of unfunded federal mandates, because their trend could eliminate state flexibility to effectively deal with local problems as limited state resources are diverted to funding federally mandated programs; and Whereas, Federal mandates threaten the fiscal integrity of the states and their right of self-determination; and Whereas, The United States Advisory Commission on Intergovernmental Relations recommended in a July 1993 report that `the federal government institute a moratorium on mandates for at least two years and conduct a review of mandating to restore balance, partnership, and state and local self-government in the federal system' and that the `Supreme Court reexamine the constitutionality of mandating as a principle'; and Whereas, Numerous federal laws impose mandates on the state of Colorado, including, but not limited to the following: Asbestos School Hazard Abatement Act; Family and Medical Leave Act; Safe Drinking Water Act; Clean Air Act; Americans with Disabilities Act; National Voter Registration Act; Title XIX of the federal `Social Security Act'; and Water Pollution Control Act; and Whereas, The members of the Colorado General Assembly want the members of the Colorado congressional delegation to fully understand the impact the actions of the federal government have on the state of Colorado, especially the difficulties imposed on the General Assembly in its effort to allocate resources to a large number of pressing state needs; and

Whereas, The federal court system affords a means to liberate the states from the grip of federal mandates and to give the power to govern back to the people; now, therefore, Be It Resolved by the House of Representatives of the Fifty-ninth General Assembly of the State of Colorado, the Senate concurring herein: That legal action challenging the constitutionality of both funded and unfunded federal mandates, the court rulings that hinder state management of state issues, and the authority of the federal government to mandate state action is necessary to restore, maintain, and advance the state of Colorado's sovereignty and authority over issues that affect Colorado and the well-being of its citizens. Be It Further Resolved, That the Colorado Attorney General examine and challenge by legal action, in the name of and on behalf of the state of Colorado, federal mandates, court rulings, the authority granted to or assumed by the federal government, and laws, regulations and practices of the federal government to the extent they infringe on the state of Colorado's sovereignty or authority over issues affecting its citizens. Be It Further Resolved, That all of the states are urged to participate in any legal action brought pursuant to this joint resolution and that the Colorado Attorney General shall request and encourage such participation and shall cooperate with other states in any legal action that includes issues of joint concern. Be It Further Resolved, That copies of this joint resolution be sent to the Attorney General and presiding officers of both houses of the legislatures of each of the states in the United States, the President of the United States, the Clerk of the United States House of Representatives, the Secretary of the United States Senate, and to each member of the Colorado Congressional Delegation.

Connecticut:
http://www.cga.ct.gov/ps95/tob/s/SJ-0030.HTM http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=SJ 00030&which_year=1995 QUOTE
STATE OF CONNECTICUT Proposed Senate Joint Resolution No. 30 Page 1

Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS LCO No. 1373 Introduced by SEN. GUNTHER, 21st DIST. REP. DIAMANTIS, 79th DIST. REP. CHASE, 120th DIST. REP. GARVEY, 67th DIST. REP. WARD, 86th DIST. General Assembly January Session, A.D., 1995 RESOLUTION REAFFIRMING THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION CONCERNING STATE SOVEREIGNTY. Resolved by this Assembly: 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. STATEMENT OF PURPOSE: To protect states' Tenth Amendment rights. Co-Sponsors: REP. PISCOPO, 76th DIST.

Delaware: (A PETITION ONLY FOR NOW - CITIZENS NEED TO GO TO WORK ON THIS ONE AND START CALLING STATE REPS - THIS IS VP BIDEN'S STATE, SO LEGISLATURE PROBABLY INTIMIDATED - THEY NEED TO BE FORCED TO DO THIS BY THE PEOPLE) http://gopetition.com/petitions/delaware-to-reclaim-its-sovereignty.html http://legis.delaware.gov/legislature.nsf?open

Florida:
http://forum.prisonplanet.com/index.php?topic=4199.0 QUOTE Florida's 10th Amendment Resolution HOUSE BILL hb0031d HCR31 House Concurrent Resolution A concurrent resolution instructing Congress to cease and desist mandates beyond the scope of its authority under the 10th Amendment to the United States Constitution. 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 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, numerous resolutions have been forewarded to the Federal Government by the Florida 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 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 WHEREAS, a number of proposals now pending from the present administration and from Congress would further violate the Unted States Constitution, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF FLORIDA, THE SENATE CONCURRING: That the State of Florida hereby claims sovereignty under the 10th Amendment to the Constitution of the United States over all other powers not otherwise enumerated and granted to the Federal Government by the United States Constitution, including at least sovereignty over its people and its natural resources, and that the Federal Government, as our agent, is hereby instructed to cease and desist, effective immediately, mandates that are beyond the scope and authority under the 10th Amendment to the Constitution of the United States. 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 Representative, the President of the United States Senate, and each house of legislature of each state of the United States of America.

Georgia: (SR632 Passes Senate 2009)
http://www.legis.state.ga.us/legis/2009_10/sum/sr632.htm http://www.legis.ga.gov/legis/2009_10/sum/hr280.htm http://www.legis.ga.gov/legis/2009_10/pdf/hr280.pdf http://www.legis.state.ga.us/legis/1997_98/leg/fulltext/sr479.htm http://www.legis.state.ga.us/legis/1995_96/leg/fulltext/sr308.htm http://www.legis.ga.gov/legis/2009_10/fulltext/sr327.htm 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 Affirming states' rights based on Jeffersonian principles; and for other purposes. WHEREAS, the Ninth Amendment of the United States Constitution states "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" and the Tenth Amendment states "[t]he 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." NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body reaffirms the principles of government expressed by Thomas Jefferson in a resolution written for the Kentucky legislature in 1798 stating 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 the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, 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," therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory; and That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, 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;" and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press": thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels,

falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; and That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States," and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof," goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction; and That a committee of conference and correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this State is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus

non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this State, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism -- free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this State does therefore call on its co-States for an expression of their sentiments on acts not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this State in considering acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal, (casus foederis,) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories; and

That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court. BE IT FURTHER 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 which assumes a power not delegated to the government of the 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 United States of America. Acts which would cause such a nullification include, but are not limited to: I. 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. II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law. III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law. IV. Surrendering any power delegated or not delegated to any corporation or foreign government. V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press. 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. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the President of the United States, each member of the United States Congress. QUOTE SR 479 98 SENATE RESOLUTION 479 LC 21 4798

By: Senators Glanton of the 34th, Johnson of the 1st and Balfour of the 9th A RESOLUTION 1- 1 1- 2 1- 3 1- 4 1- 5 The Georgia Sovereignty Resolution of 1998 Claiming 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 United States Constitution; and for other purposes.

1- 6 WHEREAS, the Tenth Amendment to the Constitution of the 1- 7 United States reads as follows: 1- 8 "The powers not delegated to the United States by the 1- 9 Constitution, nor prohibited by it to the States, are 1-10 reserved to the States respectively, or to the people"; 1-11 and 1-12 WHEREAS, the Tenth Amendment defines the scope of federal 1-13 power as being that specifically granted by the United 1-14 States Constitution and no more; and 1-15 WHEREAS, the scope of power defined by the Tenth Amendment 1-16 means that the federal government was created by the states 1-17 specifically to be an agent of the states; and 1-18 WHEREAS, in the year 1998, the states are demonstrably 1-19 treated as agents of the federal government; and 1-20 WHEREAS, numerous resolutions have been forwarded to the 1-21 federal government by the Georgia legislature without any 1-22 result from Congress or the federal government; and

1-23 WHEREAS, many federal mandates are directly in violation of 1-24 the Tenth Amendment to the Constitution of the United 1-25 States; and 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. 1-29 1-30 1-31 1-32 1-33 The boundaries of Georgia, as deduced from the Constitution of Georgia, the Convention of Beaufort, the Articles of Cession and Agreement with the United States of America entered into on April 24, 1802, the Resolution of the General Assembly dated December 8, 1826, and the

2- 1 adjudications and compromises affecting Alabama and 2- 2 Florida, are as follows: 2- 3 From the sea, or the mouth of the River Savannah, along 2- 4 the stream thereof to the fork or confluence made by the 2- 5 Rivers Keowee and Tugalo, and thence along said River 2- 6 Tugalo until the fork or confluence made by said Tugalo 2- 7 and the River Chattooga, and up and along the same to 2- 8 the point where it touches the northern boundary line of 2- 9 South Carolina, and the southern boundary line of North 2-10 Carolina, which is at a point on the thirty-fifth 2-11 parallel of north latitude, reserving all the islands in 2-12 said Rivers Savannah, Tugalo, and Chattooga, to Georgia; 2-13 thence on said line west, to a point where it merges 2-14 into and becomes the northern boundary line of Alabama 2-15 -- it being the point fixed by the survey of the State 2-16 of Georgia, and known as Nickajack; thence in a direct 2-17 line to the great bend of the Chattahoochee River, 2-18 called Miller's Bend -- it being the line run and marked 2-19 by said survey; and thence along and down the western 2-20 bank of said Chattahoochee River, along the line or 2-21 limit of high-water mark, to its junction with Flint 2-22 River; thence along a certain line of survey made by 2-23 Gustavus J. Orr, a surveyor on the part of Georgia, and 2-24 W. Whitner, a surveyor on the part of Florida, beginning 2-25 at a fore-and-aft tree about four chains below the 2-26 present junction; thence along this line east, to a 2-27 point designated 37 links north of Ellicott's Mound on 2-28 the St. Marys River; thence along the middle of said 2-29 river to the Atlantic Ocean, and extending therein three

2-30 2-31 2-32 2-33 2-34 2-35 2-36 2-37 2-38 2-39 2-40 2-41 2-42

geographical miles from ordinary low water along those portions of the coast and coastal islands in direct contact with the open sea or three geographical miles from the line marking the seaward limit of inland waters; thence running in a northerly direction and following the direction of the Atlantic Coast to a point opposite the mouth, or inlet, of said Savannah River; and from thence to the mouth or inlet of said Savannah River, to the place of beginning; including all the lands, waters, islands, and jurisdictional rights within said limits; and also all the islands within 20 marine leagues of the seacoast. 50-2-2.

2-43 The boundary between Georgia and South Carolina shall be 2-44 the line described as running from the mouth of the River 3- 1 3- 2 3- 3 3- 4 3- 5 3- 6 3- 7 3- 8 3- 9 3-10 3-11 3-12 3-13 Savannah, up said river and the Rivers Tugalo and Chattooga, to the point where the last-named river intersects with the thirty-fifth parallel of north latitude, conforming as much as possible to the line agreed on by the commissioners of said states at Beaufort on April 28, 1787. 50-2-3. The boundary between Georgia and North Carolina and Georgia and Tennessee shall be the line described as the thirty-fifth parallel of north latitude, from the point of its intersection by the River Chattooga, west to the place called Nickajack. 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 3-23 3-24 3-25 3-26 3-27 3-28 3-29 3-30 3-31 3-32 3-33 3-34 3-35 3-36 3-37 3-38 3-39 3-40 3-41

Ellicott's Mound, on the St. Marys River; thence down said river to the Atlantic Ocean; thence along the middle of the presently existing St. Marys entrance navigational channel to the point of intersection with a hypothetical line connecting the seawardmost points of the jetties now protecting such channel; thence along said line to a control point of latitude 30< 42' 45.6" north, longitude 81< 24' 15.9" west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the same true 90< bearing so far as a need for further delimitation may arise." 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.

4- 1 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF 4- 2 GEORGIA that the State of Georgia hereby claims sovereignty 4- 3 under the Tenth Amendment to the Constitution of the United 4- 4 States over all powers not otherwise enumerated and granted 4- 5 to the federal government by the United States Constitution 4- 6 and that this measure shall serve as notice and demand to 4- 7 the federal government, as our agent, to cease and desist, 4- 8 effective immediately, mandates that are beyond the scope of 4- 9 its constitutionally delegated powers. 4-10 BE IT FURTHER RESOLVED that all compulsory federal 4-11 legislation which directs states to comply under threat of 4-12 civil or criminal penalties or sanctions or requires states 4-13 to pass legislation or lose federal funding be prohibited. 4-14 4-15 4-16 4-17 4-18 4-19 4-20 BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to 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 Georgia in the Congress of the United States, and to the Speaker of

4-21 the House and the President of the Senate of each state 4-22 legislature in the United States of America. 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 Senate Comm: SLGO-G / House Comm: /

Senate Vote: Yeas Nays --------------------------------------------Senate Action House --------------------------------------------3/10/95 Read 1st time 3/14/95 Favorably Reported 3/14/95 Read 2nd Time 1/8/96 Committed 1/8/96 Read 3rd Time --------------------------------------------Code Sections amended: -------------------------------------------------------------------------------SR 308 LC 22 1439 A RESOLUTION 1- 1 1- 2 1- 3 1- 4 1- 5 1- 6 1- 7 1- 8 1- 9 1-10 Claiming 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 United States Constitution; and for other purposes. 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

1-11 WHEREAS, the Tenth Amendment defines the total scope of

1-12 federal power as being that specifically granted by the 1-13 United States Constitution and no more; and 1-14 WHEREAS, the scope of power defined by the Tenth Amendment 1-15 means that the federal government was created by the states 1-16 specifically to be an agent of the states; and 1-17 WHEREAS, today, in 1995, the states are demonstrably treated 1-18 as agents of the federal government; and 1-19 1-20 1-21 1-22 WHEREAS, numerous resolutions have been forwarded to the federal government by the General Assembly of Georgia without any response or result from Congress or the federal government; and

1-23 WHEREAS, many federal mandates are directly in violation of 1-24 the Tenth Amendment to the Constitution of the United 1-25 States; and 1-26 1-27 1-28 1-29 1-30 1-31 1-32 1-33 2- 1 State 2- 2 2- 3 2- 4 2- 5 2- 6 2- 7 2- 8 2- 9 2-10 2-11 2-12 2-13 2-14 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 that the of Georgia 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 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. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit 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, each member of

2-15 Georgia's congressional delegation, and the Speaker of the 2-16 House and the President of the Senate of each state 2-17 legislature in the United States of America.

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_863_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) [Page: H2397]Under clause 4 of rule XXII, memorials were presented and referred as follows: 333. The SPEAKER: Memorial of the Legislature of the State of Idaho, relative to the tenth amendment to the Constitution; to the Committee on Education and Labor.

QUOTE LEGISLATURE OF THE STATE OF IDAHO Sixtieth Legislature First Regular Session 2009 IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT MEMORIAL NO. 3 BY STATE AFFAIRS COMMITTEE 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 Second Amendment of the United States Constitution does not simply provide for a collective right or a right for the states to establish militias; rather it provides for the right of the people to keep and bear arms; and 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 WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 128 S.Ct. 2783 (200, recently struck down a firearms ban in the District of

Columbia, explicitly ruling that the Second Amendment protects the right of the people to possess firearms for private use; and WHEREAS, despite this ruling, legislation has been introduced in the United States House of Representatives calling for a system of mandatory federal licensing of all firearm owners; and WHEREAS, the legislation introduced would require all firearm owners to apply for and carry a federally issued picture identification in order to keep any firearm in their homes; and WHEREAS, the legislation introduced would make it a federal crime to keep a loaded firearm or an unloaded firearm and ammunition within any premises including, under certain circumstances, American homes where a child may be present; and WHEREAS, the legislation introduced specifically purports to preempt any state or local law inconsistent with it; and WHEREAS, the introduced legislation, Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, is a direct imposition on each American’s individual right to keep and bear arms in their homes and for their protection. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixtieth Idaho Legislature, the House of Representatives and the Senate concurring therein, that members of the United States Congress cease and desist attempting to enact federal legislation impinging on the individual right of every American to keep and bear arms in any manner. Specifically, that members of Congress oppose the passage of the Firearm Licensing and Record of Sale Act of 2009, and any similar legislation.

BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is hereby authorized and directed to forward a copy of this Memorial to the President of the Senate and the Speaker of the House of Representatives of Congress, and the congressional delegation representing the State of Idaho in the Congress of the United States.

Illinois:
http://www.ilga.gov/legislation/95/HR/09500HR0279.htm QUOTE HR0279 LRB095 11857 CMK 34920 r 1 HOUSE RESOLUTION 2 3 4 5 6 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

7 WHEREAS, The 10th Amendment was ratified on December 15, 8 1791 as part of the original Bill of Rights; and 9 WHEREAS, The 10th Amendment makes a declaration of the 10 relationship between the federal government and the states; and 11 WHEREAS, The 10th Amendment defines the total scope of 12 federal power as being that specifically delegated by the 13 United States Constitution and honors the powers of the 14 individual 50 states; therefore, be it 15 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 16 NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 17 the State of Illinois hereby claims the rights afforded to it 18 under the 10th Amendment to the Constitution of the United 19 States; and be it further 20 RESOLVED, That a suitable copy of this resolution be

HR0279 - 2 - LRB095 11857 CMK 34920 r 1 delivered to the President of the United States. http://thomas.loc.gov/cgi-bin/query/D?r103:4:./temp/~r103PvWBKB:: MEMORIALS (House of Representatives - September 12, 1994) [Page: H9087]Under clause 4 of rule XXII, memorials were presented and referred as follows: 474. Also, memorial of the House of Representatives of the State of Illinois, relative to the 10th amendment to the Constitution of the United States; to the Committee on the Judiciary. QUOTE POM-611. A resolution adopted by the House of the General Assembly of the State of Illinois; to the Committee on Governmental Affairs. `House Resolution No. 2540 `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 Illinois General Assembly 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; therefore, be it `Resolved, by the House of Representatives of the Eighty-Eighth General Assembly of the State of Illinois, That the State of Illinois 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 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 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 United States Senate, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and to each member of the Illinois Congressional delegation.'

Indiana: (ADOPTED June, 1995); SR 42 PASSED 2009
http://www.in.gov/legislative/bills/2009/SRESF/SC0037.html http://www.in.gov/legislative/bills/2009/PDF/SRESF/SR0042.pdf http://bulk.resource.org/gpo.gov/record/1995/1995_H06269.pdf 
  See #120, June 22, 1995 http://www.gpo.gov/congress/house/house10cal/104con/102.pdf

QUOTE First Regular Session 116th General Assembly (2009) SENATE RESOLUTION MADAM PRESIDENT: I offer the following resolution and move its adoption: A SENATE RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate, the Majority Leader 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, Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States, and infringe upon Indiana's reserve powers and the people's reserved powers; 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 do infringe on the States' reserve powers and the people's reserved powers, and 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: 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 government 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 all compulsory federal regulation that directs Indiana and her sister states to comply under threat of civil or criminal penalties or sanctions, or directs states to pass conforming legislation under threat of losing federal funding, be prohibited or repealed. SECTION 4: That the Secretary of the Senate immediately transmit copies of this Resolution to the Honorable Barack Obama, President of the United States, the Majority Leader 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.

Iowa:
http://coolice.legis.state.ia.us/CoolICE/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. ________ 1 1 SENATE CONCURRENT RESOLUTION NO. 1 2 BY MCKINLEY 1 3 A Concurrent Resolution claiming state sovereignty 1 4 under the Tenth Amendment to the Constitution of 1 5 the United States over certain mandates imposed on 1 6 states by the federal government. 1 7 WHEREAS, the Tenth Amendment to the Constitution of 1 8 the United States reads as follows: 1 9 "The powers not delegated to the United States by 1 10 the Constitution, nor prohibited by it to the States, 1 11 are reserved to the States respectively, or to the 1 12 people."; and 1 13 WHEREAS, the Tenth Amendment defines the total

1 14 scope of federal power as being that specifically 1 15 granted by the Constitution of the United States and 1 16 no more; and 1 17 WHEREAS, the United States Supreme Court has ruled 1 18 that Congress may not simply commandeer the 1 19 legislative and regulatory processes of the states; 1 20 and 1 21 WHEREAS, the scope of power defined by the Tenth 1 22 Amendment means that the federal government was 1 23 created by the states specifically to be an agent of 1 24 the states; and 1 25 WHEREAS, today, the states are demonstrably treated 1 26 as agents of the federal government; and 1 27 WHEREAS, many federal mandates on the states are 1 28 directly in violation of the Tenth Amendment to the 1 29 Constitution of the United States; NOW THEREFORE, 1 30 BE IT RESOLVED BY THE SENATE, THE HOUSE OF 2 1 REPRESENTATIVES CONCURRING, That the State of Iowa 2 2 hereby claims sovereignty under the Tenth Amendment to 2 3 the Constitution of the United States over all powers 2 4 not otherwise enumerated and granted to the federal 2 5 government by the Constitution of the United States; 2 6 and 2 7 BE IT FURTHER RESOLVED, That the Iowa General 2 8 Assembly demands that the federal government, as its 2 9 agent, cease and desist, effective immediately, 2 10 enacting federal mandates on the states that are 2 11 beyond the scope of these constitutionally delegated 2 12 powers; and 2 13 BE IT FURTHER RESOLVED, That a copy of this 2 14 resolution be sent to the President of the United 2 15 States, the President of the United States Senate, the 2 16 Speaker of the United States House of Representatives, 2 17 and each member of Iowa's congressional delegation. 2 18 LSB 1150SS 83 2 19 ec/rj/5 QUOTE Previous Day: Wednesday, March 1 Next Day:Previous Page: 507 Today's Journal Page Senate Journal: Page 508: Thursday, March 2, 1995 Senate Journal: Index House Journal: Index

Legislation: Index

Bill History: Index

HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on March 2, 1995, passed the following bill in which the concurrence of the Senate is asked: House File 189, a bill for an act relating to the funding of state mandates. This bill was read first time and passed on file. INTRODUCTION OF RESOLUTIONS Senate Resolution 10, by Giannetto, a senate resolution urging the Congress of the United States to authorize interest-free loans to the states and their political subdivisions for capital projects. Read first time and passed on file. Senate Joint Resolution 15, by Borlaug, Lundby, Priebe, Bisignano, Kibbie, Rensink, Hedge, McKean, Freeman, Banks, Palmer, Jensen, Flynn, Boettger, Drake, Bennett, Rittmer, Maddox, McLaren, Kramer, and Zieman, a joint resolution claiming sovereignty under the Tenth Amendment to the United States Constitution over all powers not otherwise enumerated and granted to the federal government and demanding that the federal government cease mandates that are beyond the scope of its constitutional powers. Read first time and passed on file. ********************************* Text: SJR00014 Text: SJR00016 Text: SJR00000 - SJR00099 Text: SJR Index Bills and Amendments: General Index Bill History: General Index Senate Joint Resolution 15 Partial Bill History * Bill Introduced: S.J. 508

* Complete Bill History 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 
See #133, July 18, 1995 http://www.gpo.gov/congress/house/house10cal/104con/102.pdf
Session of 2009 Senate Concurrent Resolution No. 1609 By Senator Pilcher-Cook 2-11 A CONCURRENT RESOLUTION 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, 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 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 SCR 1609 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. Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the State of Kansas 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; Be it further resolved: That this serve as Notice and Demand to the federal government, as out agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; 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 a copy of this resolution be distributed 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 and the President of the Senate of each state’s legislature of the United States of America, and each member of the Kansas Congressional Delegation.

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 A Joint Resolution 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, many mandates of the federal government, from time to time violate the rights of the citizens of the Commonwealth of Kentucky, which are guaranteed to them by the Bill of Rights in Sections 1 through 26 of the Constitution of the Commonwealth of Kentucky; 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 2008, 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 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 BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE COMMONWEALTH OF KENTUCKY: THAT the Commonwealth of Kentucky 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. 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. 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. THAT no government, nor its agencies, in or of the Commonwealth of Kentucky shall assist or allow enforcement in the Commonwealth of Kentucky by any federal or other government or agency of any, which shall violate any or all of the Bill of Rights of the Commonwealth of Kentucky. THAT a copy of this resolution be distributed 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 and the President of the Senate of each state's legislature of the United States of America, and each member of the Kentucky Congressional Delegation. http://thomas.loc.gov/home/r104query.html QUOTE Senate Resolution 32 `Whereas, the Tenth Amendment to the Constitution of the United States of America 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 of America 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 1994 , the states are treated as agents of the federal government; and `Whereas, numerous resolutions have been forwarded to the federal government by the General Assembly of the Commonwealth of Kentucky without any response or result from the Congress or the federal government; and `Whereas, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States of America; 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 `Whereas, a number of proposals from previous administrations and some now pending from the present administration and from the Congress may further violate the Tenth Amendment to the Constitution of the United States of America: Now, therefore, be it `Resolved by the Senate of the General Assembly of the Commonwealth of Kentucky: `Section 1. That the Commonwealth of Kentucky hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States of America over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States of America. `Section 2. That this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, issuing mandates to the states that are beyond the scope of its constitutionally-delegated powers. `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 SENATE CONCURRENT RESOLUTION NO. 2 BY SENATOR CROWE CONGRESS. Memorializes Congress to affirm Louisiana's sovereignty under the Tenth Amendment of the Constitution of the United States of America and to demand that the federal government halt its practices of assuming powers and imposing mandates upon the states for purposes not enumerated by the Constitution of the United States of America. 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 1 WHEREAS, many powers assumed by the federal government as well as federal 2 mandates are in direct violation of the Tenth Amendment to the Constitution of the United 3 States of America; and 4 WHEREAS, the United States Supreme Court has ruled in New York v. United 5 States, 112 S.Ct. 2408 (1992), that Congress may not simply commandeer the legislative and 6 regulatory processes of the states; and 7 WHEREAS, a number of proposals from previous administrations and some pending 8 with the present administration as well as from Congress may further violate the Constitution 9 of the United States of America. 10 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana memorializes 11 the Congress of the United States of America that the legislature affirms Louisiana's 12 sovereignty under the Tenth Amendment to the Constitution of the United States of America 13 over all powers not otherwise enumerated and granted to the federal government by the 14 Constitution of the United States of America. 15 BE IT FURTHER RESOLVED that the Legislature of Louisiana also demands that 16 the federal government halt and reverse its practice of assuming powers and imposing 17 mandates upon the states for purposes not enumerated by the Constitution of the United 18 States of America. 19 BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted 20 to the secretary of the United States Senate and the clerk of the United States House of 21 Representatives and to each member of the Louisiana delegation to the United States 22 Congress and to the president of the United States of America and to the governor of 23 Louisiana.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Carla S. Roberts. Memorializes Congress to affirm Louisiana's sovereignty under the Tenth Amendment to the Constitution of the United States of America and to demand that the federal government halt the practice of assuming powers and imposing mandates upon the states for purposes which are not enumerated by the Constitution of the United States of America.
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) Jt Res (Rep Carr) 1995
See #72, May 9, 1995 http://www.gpo.gov/congress/house/house10cal/104con/102.pdf
http://fototime.com/8E357D06B57A6CC/orig.jpg http://forum.prisonplanet.com/index.php?topic=4199.40 http://fototime.com/E0531DC36FC6958/orig.jpg 

Maryland: (Citizens need to work on Reps in this State) Jt Res (Sen Miller & Del Klima) Introduced 1995

Massachusetts: (Need to call State Rep Elizabeth Poirer to introduce this bill, and other State Reps.)
http://therightsideoflife.com/wpcontent/uploads/2009/02/2009%20Resolution%20State%20of%20Massachusetts.pdf

Michigan: (ADOPTED)
http://www.legislature.mi.gov/(S(y14ughe0cwtykhf20pbdny45))/mileg.aspx?page=GetO bject&objectname=2009-HCR-0004 http://www.legislature.mi.gov/documents/20092010/concurrentresolutionintroduced/House/htm/2009-HICR-0004.htm QUOTE
Rep. Opsommer offered the following concurrent resolution: House Concurrent Resolution No. 4. 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

This State also proposed SB 2036 which protects gunowners during Martial Law (2/4/09)
http://www.therightsideoflife.com/?p=3716

In 1995 Jt Res (Sen GUnn & Rep Stribling) Introduced 10th Amendment Res
QUOTE MISSISSIPPI LEGISLATURE 2009 Regular Session To: Rules By: Representatives Palazzo, Aldridge, Mims, Bennett, Ellington, Formby, Frierson, Janus, Moore, Zuber, Baker (74th), Bell, Byrd, Campbell, Chism, Currie, Fillingane, Gipson, Guice, Gunn, Hamilton (109th), Ishee, Monsour, Nicholson, Nowell, Pigott, Snowden, Staples, Stevens, Upshaw House Concurrent Resolution 69 A CONCURRENT RESOLUTION REINFORCING THE FUNDAMENTAL PRINCIPLE AND AUTHORITY OF STATE SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS AND DISCOURAGING THE FEDERAL GOVERNMENT FROM IMPOSING CERTAIN RESTRICTIVE MANDATES. 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 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, 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 mandates appear to be in violation of the Tenth Amendment to the Constitution of the United States, and the United States Supreme Court's ruling in New York v. United States, 112 S. Ct. 2408 (1992), stated that Congress may not simply "commandeer the legislative and regulatory processes of the States by directly compelling them to enact and enforce a federal regulatory program"; and

WHEREAS, the Supreme Court in that case went on to express that, "No matter how powerful the federal interest involved, the Constitution simply does not give Congress the authority to require the States to regulate. The Constitution instead gives Congress the authority to regulate matters directly and to pre-empt contrary state regulation. Where a federal interest is sufficiently strong to cause Congress to legislate, it must do so directly; it may not conscript state governments as its agents"; 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; and WHEREAS, it is incumbent upon the Mississippi Legislature, as an agent for the people of the State of Mississippi, to remind the federal government to act only in ways that will ensure the protection and preservation of constitutional rights granted to each state in the framework of the Constitution of the United States as crafted by our nation's founding fathers, so as not to deny each state the enumerated right of self-governance without an over-reaching arm of federal government mandates and implications: NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the State of Mississippi hereby reinforces the fundamental principles and authority of state 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 discourage the federal government, as our agent, from imposing certain restrictive mandates that are beyond the scope of these constitutionally delegated powers. BE IT FURTHER RESOLVED, That copies of this resolution be furnished to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, each member of the Mississippi Congressional Delegation and to the members of the Capitol Press Corps.

Missouri: (ADOPTED) HCR 13 2009 Jim Guest & HR292/HR212 10th Amendment & More; Jt Res 1994 Adopted.
http://house.mo.gov/content.aspx?info=/bills091/bills/hcr13.htm http://www.house.mo.gov/billtracking/bills091/billpdf/intro/HCR0013I.PDF http://www.house.mo.gov/billtracking/bills091/bills/HR294.htm http://www.thealexjonesshow.com/show/2009/february/021109-guest.html

QUOTE
FIRST REGULAR SESSION House Concurrent Resolution No. 13 95TH GENERAL ASSEMBLY 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

SJR 3 (Sen Benedict) 1995 Adopted

Nebraska: (Citizens need to contact their State Reps) LR 7 (Sen Jones) Intro 1995

Nevada: (ADOPTED SJR-95-1)
http://www.sovereignfellowship.com/tos/25.15  http://bulk.resource.org/gpo.gov/record/1995/1995_H05471.pdf http://forum.prisonplanet.com/index.php?topic=4199.0 
  See #93, May 23, 1995 http://www.gpo.gov/congress/house/house10cal/104con/102.pdf

QUOTE State of Nevada Senate Joint Resolution No. 1 Introduced by Senators Rhoads, O’Connell, James, McGinness, Lowden and Regan

WHEREAS, The 10th Amendment to the Constitution of the United States states 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”; and 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, The power of the states, as stated in the 10th Amendment, indicates that the Federal Government was created by the several states specifically to act as an agent of the states; and WHEREAS, By requiring the various states to carry out certain federal mandates, the Federal Government is demonstrably treating the states as agents of the Federal Government; and WHEREAS, Many federal mandates may be in direct violation of the Constitution of the United States, and may, therefore, infringe upon the powers reserved to the states or to the people by the 10th Amendment; 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 WHEREAS, Numerous proposals from previous presidential administrations and some now proposed by the current presidential administration and Congress may further violate the 10th Amendment and other provisions of the Constitution of the United States; now, therefore, be it RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF NEVADA, JOINTLY, That the State of Nevada hereby claims sovereignty pursuant to the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and delegated to the Federal Government by the Constitution of the United States; and be it further RESOLVED, That this resolution serve as a notice and demand to the Federal Government, as the agent of the State of Nevada, to cease and desist immediately the enactment and enforcement of mandates which are beyond the scope of the enumerated powers delegated to the Federal Government by the Constitution of the United States; and be it further

RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be if further RESOLVED, That this resolution becomes effective upon passage and approval. ADOPTED BY THE SENATE—March 1, 1995 ADOPTED BY THE ASSEMBLY—April 28, 1995

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.)
Status: Defeated, Probably due to SECESSION CLAUSE in legislation.

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 HOUSE CONCURRENT RESOLUTION 6 A RESOLUTION affirming States’ rights based on Jeffersonian principles. SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5; Rep. Comerford, Rock 9; Sen. Denley, Dist 3 COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS This house concurrent resolution affirms States’ rights based on Jeffersonian principles. 09-0274 09/01 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Nine A RESOLUTION affirming States’ rights based on Jeffersonian principles. Whereas the Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled; and Whereas the Constitution of the State of New Hampshire, Part 2, Article 1 declares that the people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or State, by the name of The State of New Hampshire; and 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 Whereas the other States that included recommendations, to wit Massachusetts, New York, North Carolina, Rhode Island and Virginia, included an identical or similar recommended change; and Whereas these recommended changes were incorporated as the ninth amendment, the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people, and the tenth amendment, 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, to the Constitution for the United States of America; now, therefore, be it

Resolved by the House of Representatives, the Senate concurring: 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 the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, 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,” therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory; and That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, 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;” and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated

from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press:” thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; and That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction; and That a committee of conference and correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of selfgovernment and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed

to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this State is determined, as it doubts not its coStates are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this State, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism -- free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this State does therefore call on its co-States for an expression of their sentiments on acts not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this State in considering acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal, (casus foederis,) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority;

and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories; and That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court; 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 United States of America. Acts which would cause such a nullification include, but are not limited to: I. 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. II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law. III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law. IV. Surrendering any power delegated or not delegated to any corporation or foreign government. V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press. 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 That copies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature. http://thomas.loc.gov/home/r104query.html QUOTE MEMORIALS (House of Representatives - June 14, 1994) [Page: H4447]Under clause 4 of rule XXII, memorials were presented and referred as follows: 426. Also, memorial of the House of Representatives of the State of New Hampshire, relative to the Federal Mandates Relief Act of 1993; to the Committee on Government Operations.

New Jersey: (Citizens need to work on State Reps) Assembly Jt Res (Kelly) 1995 Intro

New Mexico: (Petition online - Citizens need to work on State Reps)
http://www.gopetition.com/online/25660.html

New York: Jt Res (Sen Libous) Intro 1995

North Carolina: (Petition to sign online. Contact your State Reps)
http://www.gopetition.com/online/25692.html http://www.legislature.state.nc.us/Sessions/1989/Bills/House/PDF/H419v1.pdf

Contact Reps:
http://www.ncleg.net/GIS/RandR07/Home.html

Jt Res (Rep Russell) 1995 Intro.
http://www.legislature.state.nc.us/Sessions/1995/Bills/House/PDF/H571v2.pdf http://www.legislature.state.nc.us/gascripts/BillLookUp/BillLookUp.pl?bPrintable=true&S e http://forum.prisonplanet.com/index.php?topic=90268.0 QUOTE GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1995 H2 HOUSE JOINT RESOLUTION 571 Committee Substitute Favorable 5/3/95 –––––––––––––––––––Sponsors: –––––––––––––––––––Referred to: –––––––––––––––––––March 28, 1995 1 A JOINT RESOLUTION DEMANDING THAT THE FEDERAL GOVERNMENT 2 CEASE AND DESIST MANDATES THAT ARE BEYOND THE SCOPE OF ITS 3 CONSTITUTIONALLY DELEGATED POWERS AND HONORING THE 4 MEMORY OF RICHARD DOBBS SPAIGHT, WILLIAM BLOUNT, AND HUGH 5 WILLIAMSON. 6 Whereas, the Tenth Amendment to the Constitution of the United States reads 7 as follows: 8 "The powers not delegated to the United States by the Constitution, nor prohibited

9 by it to the states, are reserved to the states, respectively, or to the people."; and 10 Whereas, the Tenth Amendment defines the total scope of federal power as 11 being that specifically granted by the United States Constitution and no more; and 12 Whereas, the scope of power defined by the Tenth Amendment means that 13 the federal government was created by the states specifically to be an agent of the states; 14 and 15 Whereas, in 1995, the states are in fact treated as agents of the federal 16 government; and 17 Whereas, many federal mandates are directly in violation of the Tenth 18 Amendment to the Constitution of the United States; and 19 Whereas, the United States Supreme Court has ruled in New York v. United 20 States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the 21 legislative and regulatory processes of the states; and GENERAL ASSEMBLY OF NORTH CAROLINA 1995 Page 2 HOUSE JOINT RESOLUTION 571 version 2 1 Whereas, a number of proposals from previous administrations and some now 2 pending from the present administration and from Congress may further violate the 3 United States Constitution; and 4 Whereas, Richard Dobbs Spaight, William Blount, and Hugh Williamson 5 were among North Carolina's delegates to the federal convention in 1787 and signed the 6 United States Constitution on behalf of North Carolina; and 7 Whereas, Richard Dobbs Spaight was a member of the Continental Congress 8 from 1783 to 1785; a member of the House of Commons of the Assemblies of 1779, 9 1781, 1782, 1783, 1786-87, 1792; a member of the Senate of the Assemblies of 1801 10 and 1802; Speaker of the House of Commons of the Assembly of 1785; Governor, as 11 chosen by the legislature, from 1792-95; and a member of the United States House of 12 Representatives in the Fifth and Sixth Congresses; and 13 Whereas, William Blount was a member of the Continental Congress, elected 14 in 1782, 1784, and 1785; a member of the House of Commons of the Assemblies of 15 1780, 1783, 1784, 1784-85, 1788, 1789, 1801, 1802; a member of the Senate of the 16 Assembly of 1806; and Speaker of the North Carolina House of Commons of the 17 Assembly of 1784-85; and 18 Whereas, Hugh Williamson was a member of the Continental Congress, 19 elected in 1782, 1784, and 1787; a member of the House of Commons of the 20 Assemblies of 1782 and 1785; and a member of the First Congress of the United States 21 House of Representatives; 22 Now, therefore, be it resolved by the House of Representatives, the Senate concurring: 23 Section 1. That the State of North Carolina claims sovereignty under the 24 Tenth Amendment to the Constitution of the United States over all other powers not 25 otherwise enumerated and granted to the federal government by the United States 26 Constitution. 27 Sec. 2. That this serve as Notice and Demand to the federal government, as 28 the State of North Carolina's agent, to cease and desist, effective immediately, mandates

29 that are beyond the scope of its constitutionally delegated powers. 30 Sec. 3. That the General Assembly hereby honors the life and memory of 31 Richard Dobbs Spaight, William Blount, and Hugh Williamson for their service and 32 contributions to this State and the United States and for their signing of the Constitution 33 of our United States. 34 Sec. 4. The Secretary of State shall transmit copies of this resolution to the 35 President of the United States, the Vice President of the United States, the Speaker of 36 the United States House of Representatives, the President of the United States Senate, 37 the Speaker of the House of Representatives and the President of the Senate of each 38 state legislature of the United States, and each Senator and Representative in the 39 Congress of the United States from North Carolina. 40 Sec. 5. This resolution is effective upon ratification. House Joint Resolution 2026 1989-1990 Session AFFIRMING THE TENTH AMENDMENT << Previous: H2025 Next: H2027 >> Text Fiscal Note Edition 1 Status: POSTPONED INDEFINITELY on 07/26/1990 Sponsors Primary: Holt; Co: Bowman; Hunter; Pope; Attributes: Public; History Date Chamber Action 05/15/1989 House REF TO COM ON RULESETC 07/26/1990 House POSTPONED INDEFINITELY Note: a bill listed on this website is not law until passed by the House and the Senate, ratified, and, if required, signed by the Governor. North Carolina General Assembly - House Joint Resolution 2026 Information/History (19... Page 1 of 1 http://www.legislature.state.nc.us/gascripts/BillLookUp/BillLookUp.pl?bPrintable=true& Se... 3/2/2009

North Dakota: (Considering a Resolution) HCR 3017 (Rep Kempenich) Intro 1995

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 128th General Assembly Regular Session 2009-2010 H. C. R. No. 11 Representatives Martin, Jordan Cosponsors: Representatives Adams, J., Amstutz, Balderson, Boose, Bubp, Burke, Combs, Gardner, Grossman, Hall, Huffman, Mecklenborg, Morgan, Snitchler, Stebelton, Uecker, Wachtmann, Batchelder, Blessing -------------------------------------------------------------------------------A CONCURRENT RESOLUTION To claim sovereignty over certain powers pursuant to 1 the Tenth Amendment to the Constitution of the 2 United States of America, to serve notice to the 3 federal government to cease and desist certain 4 mandates, and to insist that certain federal 5 legislation be prohibited or repealed. 6 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO (THE SENATE CONCURRING): WHEREAS, The Tenth Amendment to the Constitution of the 7 United States reads as follows: "The powers not delegated to the 8 United States by the Constitution, nor prohibited by it to the 9

States, are reserved to the States respectively, or to the 10 people"; and 11 WHEREAS, The Tenth Amendment defines the total scope of 12 federal power as being that specifically granted to the federal 13 government by the Constitution of the United States and no more; 14 and 15 WHEREAS, The scope of power defined by the Tenth Amendment 16 signifies that the federal government was created by the states 17 specifically to be an agent of the states; and 18 WHEREAS, Today, in 2009, the states are demonstrably treated 19 as agents of the federal government; and 20 WHEREAS, Many federal laws directly violate the Tenth 21 Amendment to the Constitution of the United States; and 22 WHEREAS, The Tenth Amendment assures that we, the people of 23 the United States and each sovereign state in the Union of States, 24 now have, and have always had, rights the federal government may 25 not usurp; and 26 WHEREAS, Article IV, Section 4 of the Constitution of the 27 United States, states in part, "The United States shall guarantee 28 to every State in this Union a Republican Form of Government," and 29 the Ninth Amendment to the Constitution of the United States 30 states that "The enumeration in the Constitution, of certain 31 rights, shall not be construed to deny or disparage others 32 retained by the people"; and 33 WHEREAS, The United States Supreme Court ruled in New York v. 34 United States, 505 U.S. 144 (1992), that Congress may not simply 35 commandeer the legislative and regulatory processes of the states; 36 and 37 WHEREAS, A number of proposals by previous administrations, 38 some now pending proposals by the present administration, and some 39 proposals by Congress may further violate the Constitution of the 40 United States; now therefore be it 41 RESOLVED, That the State of Ohio hereby claims sovereignty 42 under the Tenth Amendment to the Constitution of the United States 43 over all powers not otherwise enumerated and granted to the 44

federal government by the Constitution of the United States; and 45 be it further 46 RESOLVED, That this resolution serves as notice and demand to 47 the federal government, as our agent, to cease and desist, 48 effective immediately, mandates that are beyond the scope of the 49 constitutionally delegated powers; and be it further 50 RESOLVED, That all compulsory federal legislation that 51 directs states to comply under threat of civil or criminal penalty 52 or sanction or that requires states to enact legislation or lose 53 federal funding be prohibited or repealed; and be it further 54 RESOLVED, That the Clerk of the House of Representatives 55 transmit authenticated copies of this resolution to the President 56 of the United States, the President Pro Tempore of the United 57 States Senate, the Speaker of the United States House of 58 Representatives, the Speaker of the House of Representatives and 59 the President of the Senate of each other state's legislature, and 60 each member the Ohio Congressional delegation. 61

HCR 44 (Rep Wise) 1995 Intro

Oklahoma: (PASSED BOTH HOUSE & SENATE April 2009)
http://www.ok-safe.com/files/documents/1/HJR1089_int.pdf http://forum.prisonplanet.com/index.php?topic=4199.0  http://www.ktul.com/news/stories/0409/613607.html QUOTE STATE OF OKLAHOMA 1st Session of the 52nd Legislature (2009) HOUSE JOINT RESOLUTION 1003 By: Rep. Charles Key AS INTRODUCED A Joint Resolution 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, 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 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 BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE:

THAT the State of Oklahoma 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. 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. 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. THAT a copy of this resolution be distributed 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 and the President of the Senate of each state's legislature of the United States of America, and each member of the Oklahoma Congressional Delegation. 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 HOUSE OF REPRESENTATIVES 1ST SESSION OF THE 45TH LEGISLATURE (1995) REVENUE AND TAXATION COMMITTEE STAFF REPORT Representative Howard Cotner, Chairman Representative Ron Langmacher, Vice Chairman Committee Substitute for House Bill 1874 SUBJECT: State Sovereignty Act AUTHOR: Representative Key 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. 5. Requires the State Treasurer to transfer at the end of each month the monies held in the fund less any interest earned to the Internal Revenue Service in payment of the tax obligation of those persons who remitted the tax to the Oklahoma Tax Commission. 6. Provides that if the federal government imposes any sanctions on the state for failing to enact legislation required by federal law which the 0klahoma Legislature deems to be unconstitutional. the State Treasurer shall not transfer any taxes held in the Federal Tax Fund. Provides procedures for the transferring of the monies if the sanctions are lifted within 90 days. Provides that if the sanctions are not lifted within 90 days, the state shall impose a surcharge on the monies in the fund to be used for payment to continue highway project funding. 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. 8. Provides that this act shall apply to federal taxes to be collected after June 30, 1995.

EFFECTIVE DATE July 1. 1993 Emergency Clause - - - - - - - - - - - - - - - - - - - STATE OF OKLAHOMA 1st Session of the 45th Legislature (1995) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1874 By: Key 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. BE IT ENACTED BY THE PEOPLE 0F THE STATE OF 0KLAH0MA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 50200 of Title 68, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "State Sovereignty Act". SECTION 2, NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 50201 of Title 68, unless there is created a duplication in numbering, reads as follows: A. The Oklahoma Legislature finds that the Tenth Amendment of the United States Constitution defines the total scope of federal power as being that Specifically granted by the federal constitution and no more. The Legislature recognizes that the United States Congress has the right to lay and collect taxes under the federal constitution. The Legislature finds, however, that the

Congress does not have the right under the federal constitution to withhold from the States the benefits of those taxes through unconstitutional mandates. B. The legislature further finds that the most unconstitutional mandates prohibit Oklahoma from implementing programs of excellence that would exceed federal expectations. Oklahoma has significant technical expertise in resource management in the areas of air, earth and water, but the persistent threat of sanctions renders that expertise ineffective. C. In light of the continuing unconstitutional withholding of the benefits of the taxes, the State of Oklahoma hereby reasserts its claim of Sovereignty. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 50202 of Title 68, unless there is created a duplication in numbering, reads as follows: A. As used in this act: 1. "Person" means natural persons, corporations, Partnerships, limited liability companies, associations and other legal entities; 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 4. "Liquor or alcohol tax", means any tax imposed by the federal government on any beer, liquor, wine or similar alcoholic beverage. 5. There shall be created in the State Treasury the "Federal Tax Fund", which shall be an escrow account. Any interest earned on the deposit of monies in the fund along with. any civil penalties assessed pursuant to subsection F of this section shall remain in the fund and shall not revert to the General Revenue Fund of the state at the end of any fiscal year. The interest earned on the deposit of monies and any civil penalties 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.

C. Any person liable for any federal excise, income or liquor or alcohol tax shall remit the tax when due along with the federal taxpayer number of such person to the Oklahoma Tax Commission for deposit into the fund. D. All monies collected pursuant to Subsection C of this section shall be transmitted to the State Treasurer who, as a fiduciary agent, shall credit the same to the Federal Tax Fund 0n behalf of the person that remitted the tax. E. 1. Except as provided in Paragraph 2 of this subsection, the State Treasurer shall transfer at the end of each month the monies held in the Federal Tax Fund less any interest earned on the deposit to the Internal Revenue Service in Payment of the tax obligation of those persons who remitted the tax to the Oklahoma Tax Commission. As part of the transfer, the State Treasurer shall identify the federal taxpayer number and amount received from each person who remitted any tax to the 0klahoma Tax Commission. 2. If the federal government imposes any sanctions on the State of Oklahoma for failing to enact legislation required by federal law, which the Legislature deems to be unconstitutional, by withholding or reprogramming any federal-aid monies from, among other things, highway construction to highway safety or other programs, the State Treasurer shall not transfer any taxes held in the Federal Tax fund but shall retain the monies in the fund until such time as the sanctions are lifted. If the lifting of the sanctions occurs within ninety (90) days, the State Treasurer shall transfer the amounts held in the fund to the Internal Revenue Service within ten (10) days of the lifting of the sanctions. If the sanctions are not lifted within ninety (90) days, the state shall impose a surcharge on the monies in the fund to be used for payment to continue highway project funding, 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. SECTION 4. This act shall become effective July 1, 1995. SECTION 5. It being immediately necessary for the preservation of the public

peace, health and safety, an emergency is hereby declared to exist by reason whereof this act shall take effect and be in full force from and after its passage and approval. 45-1-6461 Jar 1/31/95 __________________________________________________ Here is some commentary on the ACT by the CDR, (Council on Domestic Relations) FORCING THE FEDERAL GOVERNMENT TO COMPLY WITH THE CONSTITUTION 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? As an example of what comes next, consider this: Fieldmarshall Rommel lost the African Campaign not because he was out gunned or out manned he ran out of gas. His mighty Panzer Division came to a halt for lack of fuel. The fuel line that runs to Washington is the steady stream of our tax dollars. 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. Council on Domestic Relations

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 Sponsored by Representatives RICHARDSON, SCHAUFLER; Representatives BARKER, BENTZ, BERGER, BRUUN, CAMERON, ESQUIVEL, FREEMAN, GARRARD, GILLIAM, GILMAN, HANNA, KENNEMER, KRIEGER, MAURER, OLSON, G SMITH, SPRENGER, THATCHER, WEIDNER, WHISNANT, WINGARD SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Urges Congress to refrain from imposing mandates on states and to allow State of Oregon to freely exercise sovereignty granted to it under Tenth Amendment of Constitution of United States. JOINT MEMORIAL To the Senate and the House of Representatives of the United

States of America, in Congress assembled: We, your memorialists, the Seventy-fifth Legislative Assembly of the State of Oregon, in legislative session assembled, respectfully represent as follows: Whereas the Tenth Amendment to the Constitution of the United States provides, '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 in 2009, the states are instead treated as agents of the federal government; and Whereas many federal mandates are imposed by the federal government in direct violation of the Tenth Amendment; 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 Whereas many proposals being considered by the federal government or pending before Congress may further violate the Constitution of the United States; now, therefore, Be It Resolved by the Legislative Assembly of the State of Oregon: (1) The Congress of the United States of America is requested to direct the federal government to immediately cease and desist imposing mandates that are beyond the scope of those powers expressly delegated by the Constitution of the United States to the federal government, so that the State of Oregon may freely exercise the sovereignty due the State of Oregon under the Tenth Amendment to the Constitution of the United States.

(2) A copy of this memorial shall be sent to the President of the United States, the Senate Majority Leader, the Speaker of the House of Representatives and each member of the Oregon Congressional Delegation.

Pennsylvania: (ADOPTED) HR 95 (Rep Samuel Rohrer)
http://samrohrer.com/uploads/10th-Amend-Res-22.pdf http://www.zwire.com/site/news.cfm?newsid=20283172&BRD=2149&PAG=461&dept_id=36571 5&rfi=6 http://www.therightsideoflife.com/ http://samrohrer.com/uploads/10thAmendment-HR.pdf

VIDEO: Join Me for a 10th Amendment Rally:
http://www.youtube.com/watch?v=P3WXlVVnegw

HCR 272 Adopted 1995.
MEMORIALS (House of Representatives - December 01, 1994) [Page: H11572] Under clause 4 of the rule XXII, memorials were presented and referred as follows: [Omitted from the Record of November 29, 1994 ] 506. Also, memorial of the House of Representatives of the Commonwealth of Pennsylvania, relative to restating State sovereignty; to the Committee on the Judiciary.

Rhode Island: (Citizens need to work on their State Reps) Jt Res (Rep Gorman Introduced 1995

South Carolina:
http://www.scstatehouse.gov/sess118_2009-2010/bills/3509.htm http://www.scstatehouse.gov/sess118_2009-2010/bills/424.htm

Jt Res Intro 1995
QUOTE COMMITTEE REPORT

February 24, 2009 H. 3509 Introduced by Reps. M.A. Pitts, Duncan, Thompson, Bowen, Toole, Stringer, Hamilton, Pinson, Bedingfield, G.R. Smith, Cooper, Crawford, Long, Lowe, Nanney, Owens, E.H. Pitts, Rice, Viers, White, Haley, Clemmons, Horne, Wylie, Huggins, Allison, Parker, A.D. Young, Millwood, Simrill and Herbkersman S. Printed 2/24/09--H. [SEC 2/25/09 4:18 PM] Read the first time February 12, 2009. THE COMMITTEE ON INVITATIONS AND MEMORIAL RESOLUTIONS To whom was referred a Concurrent Resolution (H. 3509) 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: LISTON D. BARFIELD for Committee. 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, Be it resolved by the House of Representatives, the Senate concurring: 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; (2) requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law; (3) requiring involuntary servitude or governmental service of persons under the age of eighteen other than pursuant to, or as an alternative to, incarceration after due process of law; (4) surrendering any power delegated or not delegated to any corporation or foreign government; (5) any act regarding religion, further limitations on freedom of political speech, or further limitations on freedom of the press; and (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 930Q0793 HOUSE CONCURRENT RESOLUTION NO. 1013 Introduced by: Representatives Steele, Bolin, Brunner, Carson, Cronin, Curd, Cutler, Deadrick, Dreyer, Engels, Greenfield, Hamiel, Hoffman, Hunt, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lange, Lederman, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), Peters, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Sly, Solum, Tidemann, Van Gerpen, Vanneman, Verchio, Wink, and Wismer and Senators Novstrup (Al), Adelstein, Bartling, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Haverly, Howie, Hunhoff (Jean), Maher, Nelson, Olson (Russell), Peterson, Rhoden, and Schmidt A CONCURRENT RESOLUTION, Reasserting sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers and serving notice to the federal government to cease and desist certain mandates. 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 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 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, 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 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 of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the State of South Dakota hereby reasserts 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 all compulsory federal legislation that 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 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.

Texas:
http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HC00050I.htm http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HCR66 QUOTE TEXAS HAS JOINED THE SOVEREIGNTY MOVEMENT!! INTRODUCED IN TEXAS 81R5789 MMS-F By: Creighton H.C.R. No. 50 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: I. 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;

II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law; III. Requiring involuntary servitude or governmental service of persons under the age of 18, other than pursuant to, or as an alternative to, incarceration after due process of law; IV. Surrendering any power delegated or not delegated to any corporation or foreign government; V. Any act regarding religion; placing further limitations on freedom of political speech or further limitations on freedom of the press; VI. Further infringing on the right to keep and bear arms, including prohibiting type or quantity of arms or ammunition; and, be it further RESOLVED, 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 on any state not seeking to form such a government; 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, to all the members of the Texas delegation to 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, and to the presiding officers of each state ’s legislature.

Utah:
http://www.mrstep.com/docs/politics/UT_HJR-03&013.pdf http://www.image.le.state.ut.us/imaging/bill.asp (Type in HJR3 and 1995) QUOTE Enrolled Copy H.J.R. 3 RESOLUTION ON FEDERAL GOVERNMENT MANDATES 1995 GENERAL SESSION STATE OF UTAH Sponsor: Nora B. Stephens R. Mont Evans, Marda Dillree, Brian R. Allen, Stephen M. Bodily, Norm L. Nielsen, Jordan Tanner, Tim Moran, John B. Arrington, J. Reese Hunter, DeMar Bud Bowman, Christine R. Fox, Michael G. Waddoups, Martin R. Stephens, Beverly Ann Evans, Afton B. Bradshaw, Sue Lockman, Don E. Bush, Lowell A. Nelson, J. Brent Haymond, Bill Wright, Orville D. Carnahan, Doyle M. Mortimer, Fred R. Hunsaker, John William Hickman, Douglas S. Peterson, Peter C. Knudson, Blake D. Chard, Jack A. Seitz, Thomas Hatch, Met Johnson, Michael R. Styler, Raymond W. Short, Charles E. Bradford, M. Keele Johnson, Joseph G. Murray, Bradley T. Johnson, Ron Bigelow, Eli H. Anderson, James R. Gowans, Evan L. Olsen, David Ure, Frank R. Pignanelli, A. LaMont Tyler, Robert H.M. Killpack, Shirley V. Jensen, R. Lee Ellertson A JOINT RESOLUTION OF THE LEGISLATURE URGING THE FEDERAL GOVERNMENT TO ACKNOWLEDGE THE SOVEREIGNTY OF THE STATE OF UTAH UNDER THE 10TH AMENDMENT OF THE UNITED STATES CONSTITUTION OVER ALL POWERS NOT ENUMERATED AND GRANTED TO THE FEDERAL GOVERNMENT BY THE CONSTITUTION; AND TO CEASE THE IMPOSITION OF MANDATES ON THE STATES THAT ARE BEYOND THE SCOPE OF ITS AUTHORITY UNDER THE 10TH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.

Be it resolved by the Legislature of the state of Utah: 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."; [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 today, in 1995, the states are in fact treated as agents of the federal government; WHEREAS numerous resolutions have been forwarded to the federal government by the Utah Legislature without any response or result from Congress or the federal government; WHEREAS many federal mandates are directly in violation of the 10th Amendment to the Constitution of the United 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 WHEREAS a number of proposals now pending from the present administration and from Congress would further violate the United States Constitution: NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah strongly urge the federal government, as the agent of the state,

to acknowledge the sovereignty of the state of Utah 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, including at least the sovereignty over its people and its natural resources. BE IT FURTHER RESOLVED that the Legislature strongly urge the federal government to cease issuing mandates that are beyond the scope of its authority under the 10th Amendment to the Constitution of the United States. BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of the United States, the Speaker of the House of Representatives, the congressional delegation, the President of the United States Senate, and the legislature of each state. Utah, The State of HJR3 (Rep. Stephens) (1995) (Adopted)

Vermont: (Citizens need to work on State Reps) House Jt res (Rep Maslack) Introduced 1995

Virginia:
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HR61 http://leg1.state.va.us/cgi-bin/legp504.exe?951+ful+HJ633ER 
  See #38, April 3, 1995

http://www.gpo.gov/congress/house/house10cal/104con/102.pdf http://bulk.resource.org/gpo.gov/record/1995/1995_H04105.pdf QUOTE 089534676 HOUSE RESOLUTION NO. 61 Offered February 26, 2009 Honoring state sovereignty under the Tenth Amendment of the Constitution of the United States. ---------Patrons-- Peace, Fralin, Byron, Cline, Cole, Gilbert, Landes, Lingamfelter, Marshall, R.G., Morgan, Ware, R.L. and Wright ---------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 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 states today 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 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 WHEREAS, a number of proposals from previous administrations, and other proposals that may be anticipated, may further violate the Constitution of the United States; now, therefore, be it RESOLVED by the House of Delegates, That the Congress of the United States be urged to honor state sovereignty under the Tenth Amendment of the Constitution of the United States. The Commonwealth of 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. The Commonwealth by this resolution serves notice to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers. Further, the Commonwealth urges that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding shall be prohibited or repealed. QUOTE HOUSE JOINT RESOLUTION NO. 633 Memorializing Congress to observe the 10th Amendment to the Constitution of the United States. Agreed to by the House of Delegates, February 4, 1995 Agreed to by the Senate, February 21, 1995 WHEREAS, the 10th Amendment to the Constitution of the United States clearly limits the powers of the federal government by stating 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"; and

WHEREAS, the debate over the powers of the federal government in relation to the several states has raged throughout our history, but the recent actions of the federal government, particularly in the area of unfunded mandates, have rekindled the controversy; and WHEREAS, state authority has been eroded primarily by (i) federal assumption of powers reserved to the states under the 10th Amendment; (ii) unreasonable interpretations of the "commerce clause" that authorize federal pre-emption with respect to any issue that has any faint or circuitous connection to interstate commerce; (iii) constant threats of withholding, withdrawing, or diverting federal funds to coerce compliance with federal practices; and (iv) failure on the part of the states to challenge federal intrusion, while at the same time showing passive endorsement of federal usurpation by seeking federal funding and by accepting federal delegations of power; and 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 RESOLVED by the House of Delegates, the Senate concurring, That Congress be urged to observe the 10th Amendment to the Constitution of the United States. The Commonwealth of Virginia 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 Constitution; and, be it RESOLVED FURTHER, That this resolution serve as the Commonwealth of Virginia's 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 RESOLVED FINALLY, That the Clerk of the House of Delegates transmit 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 Attorney General of Virginia, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the General Assembly of Virginia.

Washington:
http://apps.leg.wa.gov/billinfo/summary.aspx?year=2009&bill=4009#documents QUOTE WASHINGTON STATE DECLARES SOVEREIGNTY!!! 2009 ---------------------------------------------------------- ---------------------HJM 4009 - 2009-10 Claiming state sovereignty under the Tenth Amendment. 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 Read first time 01/30/09. Referred to Committee on State Government & Tribal Affairs. 1 TO THE HONORABLE BARACK OBAMA, PRESIDENT OF THE UNITED STATES, AND 2 TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF 3 REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE 4 UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE PRESIDENT OF THE 5 SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES OF EACH STATE'S 6 LEGISLATURE OF THE UNITED STATES OF AMERICA: 7 We, your Memorialists, the Senate and House of Representatives of 8 the State of Washington, in legislative session assembled, respectfully 9 represent and petition as follows:

10 WHEREAS, The Tenth Amendment to the Constitution of the United 11 States specifically provides that, "The powers not delegated to the 12 United States by the Constitution, nor prohibited by it to the States, 13 are reserved to the States respectively, or to the people. "; and 14 WHEREAS, The Tenth Amendment defines the total scope of federal 15 power as being those powers specifically granted to it by the 16 Constitution of the United States and no more; and 17 WHEREAS, Federalism is the constitutional division of powers 18 between the national and state governments and is widely regarded as 19 one of America's most valuable contributions to political science; and p. 1 HJM 4009 1 WHEREAS, James Madison, "the father of the Constitution, " said, 2 "The powers delegated to the federal government are few and defined. 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 Resolved by the Legislature of West Virginia: 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)

AJR 4 (Rep Porter) Introduced 1995
QUOTE

2009 SENATE RESOLUTION 6
April 9, 2009 − Introduced by Senators LEIBHAM, LAZICH, DARLING, GROTHMAN, HARSDORF and SCHULTZ. Referred to Committee on Ethics Reform and Government Operations. Relating to: state sovereignty. 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 legislature has forwarded to the federal government numerous resolutions opposing federal encroachment on state powers but has received no response or result from Congress or 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 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 Whereas, a number of federal proposals from previous administrations and some now pending from the present administration and from Congress may further

violate the U.S. Constitution; now, therefore, be it 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 adoption of this resolution does not constitute an application for the calling of a federal Constitutional Convention within the meaning of Article V of 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.

AJR 4 (Rep Porter) Introduced 1995
   

Wyoming: (They have introduced some gun-related legislation)
http://www.trib.com/articles/2009/02/07/news/wyoming/36d44c1126a023868725755600 086243.txt

Jt Res (Rep. Simpson) Introduction 1995
   

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->