Dear Reader,
The Oklahoma House passed an unprecedented joint house resolution declaring its sovereignty over matters not “enumerated” to the U.S. government under the text of the Constitution. It also sent a “Notice and Demand” to the federals to cease and desist unconstitutional activity. The resolution numbered HJR 1089 passed by a vote of 92 Yeahs, 3 Nays, and 6 abstentions. Presently, it appears hung up in a rules committee in the Oklahoma Senate.
I have to say, I am shocked. I didn’t think any state legislature possessed the requisite metal spherical objects necessary to propose, let alone attempt to pass such a resolution.
The full text is as follows:
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; 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 2008, 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 AND THE SENATE OF THE 2ND SESSION OF THE 51ST 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 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.
Full text of resolution in pdf:
http://www.okhouse.gov/51LEG/Leg_Votesxx.aspx?include=okh01983.txt
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Interesting, but what is the practical significance of the resolution?
Finally a serious stand is being made to preserve the constitution… I can only hope that other states follow suit and join them.
Oklahoma is the New Dixie. I’ve got my bags packed. See you on the front lines…
Citizen Tom is right and I’ll add one more to this, what exactly does it mean? Is Oklahoma going to stop the federal government from operating a Social Security office within the state? Take back federal land?
I will say this: it is at least a monologue that makes the citizenry argue specifics and consider the expansion of federal power.
Oklahoma is the place to be!!
This is an excellent sign of at least one state attempting to reclaim the power that is rightfully theirs. Let us hope that it won’t get bogged down in the OK Senate and that other states (especially VA) follow the lead.
[...] tells the Feds to mind their own business: The Oklahoma House passed an unprecedented joint house resolution declaring its sovereignty over [...]
We can only hope that Oklahoma is the first of many states to claim sovereignty and begin some realistic effort to reclaim it.
If no other states join in it’s just a statement on a piece of paper and will remain that way.
The federal govenment has consistantly overstepped it bounds for many years.
Stopping the “run away train” and getting our country back on track will be an ardouous task. If it can be done at all.
The first thing that needs to happen is to vote our every incumbent Senator or Representative no matter how great a job you think they are doing for your area.
The problem is career politicians.
Read the following article by Charlie Reese ==>
545 People
By Charlie Reese
Politicians are the only people in the world who create problems and then campaign against them.
Have you ever wondered why, if both the Democrats and the Republicans are against deficits, we have deficits?
Have you ever wondered why, if all the politicians are against inflation and high taxes, we have inflation and high taxes?
You and I don’t propose a federal budget. The president does. You and I don’t have the Constitutional authority to vote on appropriations. The House of Representatives does. You and I don’t write the tax code, Congress does.
You and I don’t set fiscal policy, Congress does. You and I don’t control monetary policy, The Federal Reserve Bank does. One hundred senators, 435 congressmen, one president and nine Supreme Court justices – 545 human beings out of the 300 million – are directly, legally, morally and individually responsible for the domestic problems that plague this country.
I excluded the members of the Federal Reserve Board because that problem was create d by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally chartered but private central bank. I excluded all the special interests and lobbyists for a sound reason. They have no legal authority.
They have no ability to coerce a senator, a congressman or a president to do one cotton-picking thing. I don’t care if they offer a politician $1 million dollars in cash. The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislator’s responsibility to determine how he votes.
Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party.
What separates a politician from a normal human being is an excessive amount of gall.
No normal human being would have the gall of a Speaker, who stood up and criticized the President for creating deficits. The president can only propose a budget. He cannot force the Congress to accept it. The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating and approving appropriations and taxes.
Who is the speaker of the House? She is the leader of the majority party. She and fellow House members, not the president, can approve any budget they want. If the president vetoes it, they can pass it over his veto if they agree to. It seems inconceivable to me that a nation of 300 million cannot replace 545 people who stand convicted — by present facts – of incompetence and irresponsibility.
I can’t think of a single domestic problem that is not traceable directly to those 545 people.
When you fully grasp the plain truth that 545 people exercise the power of the federal government, then it must follow that what exists is what they want to exist.
If the tax code is unfair, it’s because they want it unfair. I f the budget is in the red, it’s because they want it in the red. If the Marines are in IRAQ , it’s because they want them in IRAQ . If they do not receive social security but are on an elite retirement plan not available to the people, it’s because they want it that way. There are no insoluble government problems. Do not let these 545 people shift the blame to bureaucrats, whom they hire and whose jobs they can abolish; to lobbyists, whose gifts and advice they can reject; to regulators, to whom they give the power to regulate and from whom they can take this power. Above all, do not let them con you into the belief that there exists disembodied mystical forces like ‘the economy,’ ‘inflation’ or ‘politics’ that prevent them from doing what they take an oath to do.
Those 545 people, and they alone, are responsible. They, and they alone, have the power.
They, and they alone, should be held accountable by the people who are their bosses – provided the voters h av e the gumption to manage their own employees.
We should vote all of them out of office and clean up their mess!
Charlie Reese is a former columnist of the Orlando Sentinel newspaper.
Charlie Reese is correct. These 545 people have created many of the problems this country faces. However, it is also true that we, the citizens of this country, reelect approximately 90% of the 545 every election.
Therefore, we bear a great deal of the responsibility for the mess we have created.