Monday, October 19, 2009

The DisUnited States of America and the State Sovereignty Movement.

There is a growing state-level resistance to the federal government.

Tennesse Governor Phil Bredesen signed House Joint Resolution 108 (HJR0108), authored by State Representative Susan Lynn urging "Congress to recognize Tennessee's sovereignty under the tenth amendment to the Constitution."

Alaska, Idaho, North Dakota, South Dakota, Oklahoma and Louisiana have had both houses of their legislature pass similar resolutions - but Tennessee is the first to have had such a resolution signed by the Governor.

Similar 10th Amendment resolutions have been introduced in 36 states around the country, and various states are considering single-issue legislation in direct contravention to federal laws.

Arizona, for example, passed a measure for public approval on the 2010 state ballot that would give Arizona voters the opportunity to nullify, or opt out, of any potential national health care legislation.

Here is the final version of the Tennessee resolution:

WHEREAS, the Tenth Amendment to the Consttution 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, 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; now, therefore,


CONCURRING, that we hereby affirm Tennessee'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 a committee of conference and correspondence be appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several states, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of Tennessee's Congressional delegation.

As at the time of this post, 42 out of the 50 states have introduced, are introducing, or have passed individual state sovereignty resolutions under the tenth amendment to the Constitution of the United States.

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