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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-principles-
of-federalism/
http://bulk.resource.org/gpo.gov/record/1995/1995_H06089.pdf
http://www.gpo.gov/congress/house/house10cal/104con/102.pdf

QUOTE
CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE
CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS,
SERVING NOTICE TO THE FEDERAL GOVERNMENT TO CEASE AND
DESIST CERTAIN MANDATES, AND PROVIDING THAT CERTAIN FEDERAL
LEGISLATION BE PROHIBITED OR REPEALED.

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as
follows: “The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the
people”; and

WHEREAS, the Tenth Amendment defines the total scope of federal power as being
that specifically granted by the Constitution of the United States and no more; and

WHEREAS, 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/cgi-
bin/postquery?bill_number=sjr_44&sess=9394&house=S
http://www.uhuh.com/laws/cal10res.htm

QUOTE
California's Resolution on the 10th - Asserting State's Rights under the 10th Amendment of
the Bill of Rights

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 LC 21 4798
SENATE RESOLUTION 479

By: Senators Glanton of the 34th, Johnson of the 1st


and Balfour of the 9th

A RESOLUTION

1- 1 The Georgia Sovereignty Resolution of 1998

1- 2 Claiming sovereignty under the Tenth Amendment to the


1- 3 Constitution of the United States over all powers not
1- 4 otherwise enumerated and granted to the federal government
1- 5 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 The boundaries of Georgia, as deduced from the


1-30 Constitution of Georgia, the Convention of Beaufort, the
1-31 Articles of Cession and Agreement with the United States
1-32 of America entered into on April 24, 1802, the Resolution
1-33 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 geographical miles from ordinary low water along those
2-31 portions of the coast and coastal islands in direct
2-32 contact with the open sea or three geographical miles
2-33 from the line marking the seaward limit of inland
2-34 waters; thence running in a northerly direction and
2-35 following the direction of the Atlantic Coast to a point
2-36 opposite the mouth, or inlet, of said Savannah River;
2-37 and from thence to the mouth or inlet of said Savannah
2-38 River, to the place of beginning; including all the
2-39 lands, waters, islands, and jurisdictional rights within
2-40 said limits; and also all the islands within 20 marine
2-41 leagues of the seacoast.

2-42 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 Savannah, up said river and the Rivers Tugalo and


3- 2 Chattooga, to the point where the last-named river
3- 3 intersects with the thirty-fifth parallel of north
3- 4 latitude, conforming as much as possible to the line
3- 5 agreed on by the commissioners of said states at Beaufort
3- 6 on April 28, 1787.

3- 7 50-2-3.

3- 8 The boundary between Georgia and North Carolina and


3- 9 Georgia and Tennessee shall be the line described as the
3-10 thirty-fifth parallel of north latitude, from the point of
3-11 its intersection by the River Chattooga, west to the place
3-12 called Nickajack.

3-13 50-2-4.

3-14 The boundary line between Georgia and Alabama shall be the
3-15 line described from Nickajack to Miller's Bend on the
3-16 Chattahoochee River, and down said river to its junction
3-17 with the Flint River.

3-18 50-2-5.

3-19 The boundary line between Georgia and Florida shall be the
3-20 line described from the junction of the Flint and
3-21 Chattahoochee Rivers to the point 37 links north of
3-22 Ellicott's Mound, on the St. Marys River; thence down said
3-23 river to the Atlantic Ocean; thence along the middle of
3-24 the presently existing St. Marys entrance navigational
3-25 channel to the point of intersection with a hypothetical
3-26 line connecting the seawardmost points of the jetties now
3-27 protecting such channel; thence along said line to a
3-28 control point of latitude 30< 42' 45.6" north, longitude
3-29 81< 24' 15.9" west; thence due east to the seaward limit
3-30 of Georgia as now or hereafter fixed by the Congress of
3-31 the United States; such boundary to be extended on the
3-32 same true 90< bearing so far as a need for further
3-33 delimitation may arise."

3-34 WHEREAS, the United States Supreme Court has ruled in New
3-35 York v. United States, 112 S. Ct. 2408 (1992), that Congress
3-36 may not simply commandeer the legislative and regulatory
3-37 processes of the states; and

3-38 WHEREAS, a number of proposals from previous administrations


3-39 and some now pending from the present administration and
3-40 from Congress may further violate the United States
3-41 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 BE IT FURTHER RESOLVED that the Secretary of the Senate is


4-15 authorized and directed to transmit copies of this
4-16 resolution to the President and Vice President of the United
4-17 States, the Speaker of the United States House of
4-18 Representatives, the President Pro Tempore of the United
4-19 States Senate, each Senator and Representative from Georgia
4-20 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
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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
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Code Sections amended:


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SR 308 LC 22 1439

A RESOLUTION

1- 1 Claiming sovereignty under the Tenth Amendment to the


1- 2 Constitution of the United States over all powers not
1- 3 otherwise enumerated and granted to the federal government
1- 4 by the United States Constitution; and for other purposes.
1- 5 WHEREAS, the Tenth Amendment to the Constitution of the
1- 6 United States reads as follows:

1- 7 "The powers not delegated to the United States by the


1- 8 Constitution, nor prohibited by it to the States, are
1- 9 reserved to the States respectively, or to the people";
1-10 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 WHEREAS, numerous resolutions have been forwarded to the


1-20 federal government by the General Assembly of Georgia
1-21 without any response or result from Congress or the federal
1-22 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 United States Supreme Court has ruled in New
1-27 York v. United States, 112 S. Ct. 2408 (1992), that Congress
1-28 may not simply commandeer the legislative and regulatory
1-29 processes of the states; and

1-30 WHEREAS, a number of proposals from previous administrations


1-31 and some now pending from the present administration and
1-32 from Congress may further violate the United States
1-33 Constitution.

2- 1 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the


State
2- 2 of Georgia hereby claims sovereignty under the Tenth
2- 3 Amendment to the Constitution of the United States over all
2- 4 powers not otherwise enumerated and granted to the federal
2- 5 government by the United States Constitution and that this
2- 6 measure shall serve as notice and demand to the federal
2- 7 government, as our agent, to cease and desist, effective
2- 8 immediately, mandates that are beyond the scope of its
2- 9 constitutionally delegated powers.

2-10 BE IT FURTHER RESOLVED that the Secretary of the Senate is


2-11 authorized and directed to transmit copies of this
2-12 resolution to the President of the United States, the
2-13 Speaker of the United States House of Representatives, the
2-14 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_86-
3_statehood.php

Idaho: (ADOPTED)
http://www.legislature.idaho.gov/legislation/2009/HJM004Bookmark.htm
http://www.legislature.idaho.gov/legislation/2009/HJM003.pdf
http://www.thehighroad.org/showthread.php?p=5375103

QUOTE
LEGISLATURE OF THE STATE OF IDAHO
Sixtieth Legislature First Regular Session 2009
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT MEMORIAL NO. 4
BY STATE AFFAIRS COMMITTEE
1 A JOINT MEMORIAL
2 TO THE PRESIDENT OF THE UNITED STATES, THE SENATE AND
HOUSE OF REPRE3
SENTATIVES OF THE UNITED STATES IN CONGRESS ASSEMBLED,
AND THE
4 CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
IDAHO IN THE
5 CONGRESS OF THE UNITED STATES.
6 We, your Memorialists, the House of Representatives and the Senate of the
State of Idaho
7 assembled in the First Regular Session of the Sixtieth Idaho Legislature,
do hereby respectfully
8 represent that:
9 WHEREAS, Section 2, Article I, of the Constitution of the State of Idaho,
sets forth the
10 Declaration of Rights and reads as follows: "All political power is
inherent in the people.
11 Government is instituted for their equal protection and benefit, and they
have the right to alter,
12 reform or abolish the same whenever they may deem it necessary; and no
special privileges or
13 immunities shall ever be granted that may not be altered, revoked, or
repealed by the legisla14
ture."; and
15 WHEREAS, the Tenth Amendment to the Constitution of the United
States reads as fol16
lows: “The powers not delegated to the United States by the Constitution,
nor prohibited by it
17 to the States, are reserved to the States respectively, or to the people.”;
and
18 WHEREAS, the Tenth Amendment defines the total scope of federal
power as being that
19 specifically granted by the Constitution of the United States and no more;
and
20 WHEREAS, the scope of power defined by the Tenth Amendment means
that the federal
21 government was created by the states specifically to be an agent of the
states; and
22 WHEREAS, today, in 2009, the states are demonstrably treated as agents
of the federal
23 government; and
24 WHEREAS, many federal mandates are directly in violation of the Tenth
Amendment to
25 the Constitution of the United States; and
26 WHEREAS, the United States Supreme Court has ruled in New York v.
United States,
27 505 U.S. 144 (1992), that Congress may not simply commandeer the
legislative and regulatory
28 processes of the states; and
29 WHEREAS, Congress has inappropriately delegated its monetary
authority to the private
30 federal reserve bank, thus failing to protect and provide a sound
monetary system as defined
31 and mandated by the Constitution of the United States, forcing an
unstable currency on us
32 resulting in the past, and the current, economic perils; and
33 WHEREAS, a number of proposals from past and present
Administrations and Congress
34 may violate the Constitution of the United States.
35 NOW, THEREFORE, BE IT RESOLVED by the members of the First
Regular Session of
36 the Sixtieth Idaho Legislature, the House of Representatives and the
Senate concurring therein,
37 that the state of Idaho hereby claims sovereignty under the Tenth
Amendment to the Constitu38
tion of the United States over all powers not otherwise enumerated and
granted to the federal
39 government by the Constitution of the United States.
2
1 BE IT FURTHER RESOLVED that this serves as notice and demand to
the federal gov2
ernment, as our agent, to cease and desist, effective immediately, mandates
that are beyond the
3 scope of these constitutionally delegated powers.
4 BE IT FURTHER RESOLVED that all compulsory federal legislation that
directs states
5 to comply under threat of civil or criminal penalties or sanctions, or
requires states to pass
6 legislation or lose federal funding, be prohibited.
7 BE IT FURTHER RESOLVED that the Chief Clerk of the House of
Representatives be,
8 and she is hereby authorized and directed to forward a copy of this
Memorial to the President
9 of the United States, the President of the Senate and the Speaker of the
House of Represen10
tatives of Congress, and the congressional

http://thomas.loc.gov/home/r104query.html

QUOTE
MEMORIALS (House of Representatives - April 18, 1994)

[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 WHEREAS, The 10th Amendment to the Constitution of the


3 United States reads as follows: "The powers not delegated to
4 the United States by the Constitution, nor prohibited by it to
5 the States, are reserved to the States respectively, or to the
6 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/Cool-
ICE/default.asp?Category=BillInfo&Service=Billbook&ga=83&menu=text&hbill=SCR1
http://www2.legis.state.ia.us/GA/76GA/Legislation/SJR/00000/SJR00015/Current.html

QUOTE
Senate Concurrent Resolution 1

PAG LIN
S.C.R. ________ H.C.R. ________

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 cer-
tain 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 guar-
antee to every State in this Union a Republican Form of Government’’,
and the Ninth Amendment states that ‘‘The enumeration in the Consti-
tution, of certain rights, shall not be construed to deny or disparage others
retained by the people’’; and

WHEREAS, The United States Supreme Court has ruled in New York
v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply
commandeer the legislative and regulatory processes of the states; and
SCR 1609

WHEREAS, A number of proposals from previous administrations


and some now pending from the present administration and from Con-
gress 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 immedi-
ately, mandates that are beyond the scope of these constitutionally del-
egated powers;

Be it further resolved: That all compulsory federal legislation which


directs states to comply under threat of civil or criminal penalties or sanc-
tions or requires states to pass legislation or lose federal funding be pro-
hibited 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/wp-
content/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/2009-
2010/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 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; 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


 

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