States Tell Feds: “Back Off!”
Legislatures Cite 10th Amendment In Strong Reminder To D.C.
Lancaster, PA (February 7, 2009) A growing number of state legislatures across the country have put the federal government on notice that the United States Constitution gives states the authority to say: “Thus far and no farther!”
Bills introduced in states, including Washington, Michigan, Montana, New Hampshire, Oklahoma and Arizona, defend state sovereignty as guaranteed by the 10th Amendment to the United States Constitution which states: .... 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.
The Constitution Party supports and encourages the effort of individual states to re-affirm that the U.S. Constitution explicitly guarantees certain rights cannot be usurped by the federal government. “The state sovereignty movement is picking up steam,” noted Constitution Party National Committee Chairman Jim Clymer. “The duopoly that controls our federal government has gotten out of hand. Republicans and Democrats alike have been guilty of trampling states’ rights for generations. Finally, elected officials in state legislatures across the country are pushing back,” Clymer added.
D.C.’s blatant disregard for the Constitution has raised the hackles of responsible elected state officials. The effort to restore State Sovereignty is gaining momentum.
Several states have tied their State Sovereignty bills to other constitutionally-protected rights including 2nd Amendment gun owners’ rights and the 14th Amendment right to Life. The Montana State Sovereignty bill , authored by Republican State Representative Joel Boniek, sets the stage for a showdown with the federal government over gun owners’ rights.
It invokes the 9th Amendment as well: .... The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.
The bill adds a stronger caveat: .... A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.
In Oklahoma, Republican State Representative Charles Key authored his second state sovereignty bill, HJR 1089 (reintroduced as HJR 1003) using words like “cease and desist.” Key has been a vocal opponent of such overreaching federal dictates as the No Child Left Behind and Real ID Acts for being unconstitutional, state sovereignty-stealing mandates from D.C.. The bill has been referred to the Oklahoma House Rules Committee.
In Missouri, Republican State Representative Cynthia Davis brought the issue of abortion into the State Sovereignty issue with HR 294. The bill (formerly HR 212), states: Missouri's sovereignty (exists) under the Tenth Amendment and (the state) urges the United States Congress to reject the passage of the federal Freedom of Choice Act which prohibits regulations on abortion.
Michigan Republican State Representative Paul Opsommer authored State Sovereignty bill HCR 4 which aims to: … (A)ffirm 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.
The State Sovereignty statement in Arizona’s HCR 2034 bares its teeth calling for dissolution of the federal government in the event: …(The) President of the United States, the Congress of the United States or any other federal agent or agency declares the Constitution of the United States to be suspended or abolished, if the President or any other federal entity attempts to institute martial law or its equivalent without an official declaration in one or more of the states without the consent of that state or if any federal order attempts to make it unlawful for individual Americans to own firearms or to confiscate firearms, the State of Arizona, when joined by thirty-four of the other fifty states, declares as follows: that the states resume all state powers delegated by the Constitution of the United States and assume total sovereignty; that the states re-ratify and re-establish the present Constitution of the United States as the charter for the formation of a new federal government, to be followed by the election of a new Congress and President
Washington, and New Hampshire similarly put the feds on notice that the United States Constitution and all its amendments are there for a reason - to keep a centralized government from overstepping its bounds and to protect the rights of American citizens.
The Constitution Party encourages Americans across the political spectrum to contact their state representatives and tell them to uphold the Constitution with a 10th Amendment bill for their state!
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