Wednesday, March 04, 2009

Five More States Invoke the 10th

which brings us to 16. Nearly a third of them. And I believe Pennsylvania will be doing so in the coming 2 weeks.

from Human Events:

Five More States Invoke the 10th
by (more by this author)
Posted 03/04/2009 ET

Last week, HUMAN EVENTS reported that eleven states, Washington, New Hampshire, Arizona, Montana, Michigan, Missouri, Oklahoma, Minnesota, Georgia, South Carolina, and Texas, had all “all introduced bills and resolutions” declaring their sovereignty over Obama’s actions in light of the 10th Amendment.

These actions are in response to the Obama administration’s faux-“stimulus” legislation which directly assaults the rights of states to reject the money coming from the federal government. So far, several Republican governors -- among them South Carolina’s Mark Sanford and Louisiana’s Bobby Jindal -- have said they would refuse all or part of the stimulus money because of the constitutional infringements and because of the additional unfunded liabilities they impose on the states.

This week, HUMAN EVENTS is happy to report that five more states have decided to invoke the 10th as well.

These five -- Tennessee, Kentucky, Kansas, Indiana, and West Virginia -- have all begun their action under the 10th Amendment in a bid to protect themselves from what they view as nothing less than an unconstitutional usurpation of power on the part of the Obama administration.

On February 23, HJR 108 was put forth in the Tennessee legislature, indicating that legislators in that state decided “it [was] time to affirm state sovereignty under the Tenth Amendment to the Constitution of the United States and demand the federal government halt its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution,” according to Truman Bean.

The very next day, February 24, Kentucky State Representative John Will Stacy (D), “introduced House Concurrent Resolution 168… serving notice to the federal government to cease mandates beyond its authority.”

In declaring their sovereignty these states have joined what has come to be known as “the 10th Amendment movement.” It is a grassroots, conservative movement that seeks to defend the separation of powers as originally set forth by our Founders in the Constitution.

Through this movement, conservatives are throwing down the gauntlet against tyranny and the abuse of power. They are invoking the 10th Amendment at the state level against abuses of power by the federal government, and doing so with appeals to the extra-constitutional writings of our Founding fathers.

For example, Indiana’s resolution calls attention to the words of Alexander Hamilton, a Federalist and Founder who “expressed his hope that ‘the people will always take care to preserve the constitutional equilibrium between the general and the state governments.’” Hamilton “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 over-passing their constitutional limits by [the] certain [rivalry] which will ever subsist between them.’”

Kansas’ Senate Concurrent Resolution No. 1609 delves even deeper into the mechanics of the matter by reminding the Obama administration, as well as the House and Senate, that “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 state.” In other words, the federal government exists by and for the states, not the other way around.

The resolution headed to West Virginia’s 79th Legislature couples its action under the 10th Amendment with a reminder directed to Speaker of the House Nancy Pelosi (D-Calif.) and Senate Majority Leader Harry Reid (D-Nev.): “[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.” This reminder is followed by a pronouncement that “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.”

In light of these violations of the Constitution, the stated purpose of West Virginia’s resolution is, in part, to “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.”

Our rights as citizens are under assault by an administration of leftist ideologues with an insatiable appetite for power. There is little difference between them and the appeasement-drunken, government-expanding leftists in Lyndon Baines Johnson’s administration of whom Ronald Reagan said in 1964, “Inalienable rights are now considered to be a dispensation of government…and freedom is close to slipping from our grip.”Every state assembly and legislature that has joined “the 10th Amendment movement” understands that Reagan’s words about freedom’s fragility in 1964 are no less true for our day when not only freedom, but also the America ideal, is “close to slipping from our grip.”

We must stand shoulder to shoulder with states like Tennessee, Kentucky, Kansas, Indiana, and West Virginia in demanding that the federal government immediately “cease and desist” its usurpation of our liberties.


Epaminondas said...

This should be interesting as it mimics in some ways John Calhoun's NULLIFICATION battle with Andrew Jackson over tariffs.

However that had to do with international issues - tariff protecting northern goods, and South Carolina got ZERO support from other southern states at that time.

Wouldn't it be ironic if states rights received a boost from Obama, EVEN WITH DEMOCRATIC DOMINATED STATES (such as NH) in the mix

Anonymous said...

I live in Massachusetts. If Hell freezes over, somebody please alert me.

WC said...

So what do these States plan to do? Stern resolutions are not action.

What actual action can the States take.

Anonymous said...

We can block just about any federal law we deem overreaching, WC. Hell yeah, Indiana! I had worried that we might be hopeless after we inexplicably went blue.

Allen said...

It's about freakin' time PA jumped on the bandwagon. I'm sure the Dems in PA will have a fit.

Federalism is a good thing.

midnight rider said...

Allen -- Sam Rohrer is holding a rally to support his introducing this resolution Monday March 16 at noon at the Main Capital Rotunda at noon. I just emailed your Krackels address with the info, though I thinkit will look like it came from Rohrer.

Always On Watch said...

My state, Virginia, is MIA.

midnight rider said...

Which actually kinda confuses me a bit, AoW. Virginia is nearly kith and kin to Pa. in many ways of thinking from what I understand.

Here's a couple links to follow and for further info on what this is all about:

I just found these or they would have been up much sooner.

Anonymous said...

WC -

1.The states could tell the feds that they will refuse to enforce and will not allow the feds to enforce any unconstitutional law or regulation within the territorial jurisdiction of that state.

2.The states could suggest to their people to withhold the absolute minimum federal tax from paychecks (or not make quarterly payments) and send either the difference or the payment to the state government, which would then hold the federal funds "in trust" until such time as the feds got back in their constitutionally mandated box.

The states could recall (I think the ability of a state to do this varies across the states) their reps and senators and tell the feds that they no longer recognize the power of the DC bunch to pass binding legislation.

The states (you'd need a lot of them for this!) could tell the feds that unless they quit passing blatantly unconstitutional laws, the states would dissolve the current "government".

States Attorneys General could petition the courts for relief. I do not know when such a petition would become "ripe" for review by a federal court, and it would not require a sovereignty resolution.

The problem is, of course, that the federal judiciary does not know its place anymore, either, and states may not want to take a chance.

If enough states just told the feds 1. that they will not enforce any more gun control laws, limits on expression or press, any UN conventions purportedly binding on US citizens, any "real ID" or other citizen tracking device, would not allow any federal "civilian defense forces" in the state, etc.; and 2. notified the joint chiefs that they would consider the deployment of any US military within the territorial jurisidiction of the states to attempt to enforce these pretend "laws" as an act of civil war, I think the line would be drawn.

I am not holding my breath. But a girl can dream.

Ro said...

IF PA joins this worthy group of states I doubt that Guv Rendell will be part of it. He loves the money and kisses the rings of any/all Dems in power.

midnight rider said...

Thomschuyler sadly you're probably right. Rendell is a joke as our governor.

By the way -- Rohrer is holding a rally in the Harrisburg Capital Rotunda this Monday at noon to support his 10 Amendment Proposal. ANy and all invited. For info go to his website
for directions, times, view the proposal etc.