State Sovereignty Movement

The Wichita Eagle reports that a sovereignty resolution has been drafted in Kansas and introduced by a state senator and enjoys support from the state’s Libertarian Party.   “A resolution by Sen. Mary Pilcher-Cook, R-Shawnee, calls on the federal government to “cease and desist” from withholding federal funds or otherwise penalizing states that don’t comply with federal mandates.”

It is expected to go to the Senate Judiciary Committee.  “There, it will encounter opposition from Sen. David Haley, D-Kansas City, the commission’s ranking Democrat.” ”aley said he thinks the resolution would be dangerous because it could send a signal to Washington that the state isn’t interested in stimulus funding despite the recession and an estimated $800 million state budget gap. “We don’t want that kind of thing being fired off to Washington right now,” Haley said. “I have no idea what benefit that resolution could possibly confer on Kansas.”

Senator Haley’s argument fails to take into account that the money belongs to the people to begin with, and the people are entitled to it, notwithstanding any strings the Federal Government may attempt to attach.  this is the entire point of the 9th and 10th Amendments.  Politicians who show a willingness to andicate the right of the people to self-goverenment in exchange for money must be opposed.  I encourage Kansans to contact your state senators and urge them to support this sovereignty resolution.

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Articles about the 10th Amendment and are proliferating all over the Internet. Just two weeks ago it was difficult to find one or two per week. Lately I have been seeing more than that each day. Here is an excellent article by Pennsylvanie State Representative Samuel Rohrer, who is also scheduling a State Sovereignty Rally for March 16th. The article was found at the Tenth Amendment Center.   Discuss this article in the State Sovereignty Forums.

The Necessity for Action
by State Rep. Samuel E Rohrer, PA-128th District

The danger of being number 10 is that no one really knows who you are. George Washington was our first president; but how many can name number 10 off the top of their head? And Sir Edmund Hillary was the first person to climb Everest, but does anyone know who the tenth person was to reach the summit?

And then consider our amendments to the United States Constitution: most of us know the 1st Amendment verbatim, but do you know what the Tenth Amendment says?

“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.”

Sometimes thought of as an afterthought, to “sweep up” anything the Founders may have forgotten, the 10th Amendment today is taking on monumental importance as increasing federal intrusion into state affairs threatens to completely destroy the balance between state and federal power.

In the Federalist Papers, authors Jay, Madison, and Hamilton labored to convince a monarch-shy colonial population that they needed a strong government to preserve a free, cohesive nation. The authors took pains to outline how the Constitutional structure of the government would prohibit the federal government from becoming big enough to overwhelm the powers of both the states and the democratic process.

The 10th Amendment was foundational to this system of checks and balances, constitutionally restricting the federal government to covering issues related to commerce, national defense, the postal system, and the like.

“Power begets power,” though, as the saying goes, and the federal government slowly began expanding its powers. One of the most effective and insidious ways that the federal government has taken over control of state affairs is by first passing a mandate and then offering federal money to states with significant strings attached.

Whether the issue is welfare, Real ID, No Child Left Behind, or health insurance programs, tantalizing packages have been dangled in front of state governors and legislators, promising to stop the budget gap or expand a politically successful program. States have taken the money and over time, the requirements and restrictions on those state funds have slowly but surely changed the direction of state policy.

Instead of developing programs to fit the needs of state citizens and altering them to best use the state resources, programs are instead clumsily built around the federal funding requirements, so the state does not lose a single available dollar. This significant paradigm shift should be a wake-up call to every citizen not only in Pennsylvania, but also across the nation.

Therefore, because the Supreme Court allowed the federal government to offer funds on conditions, states have subjected themselves to Washington. This submission completely distorts the checks and balances inherent in our Constitution, and enshrined in the 10th Amendment.

In order to raise awareness of this improper delegation of power, I have joined with representatives, senators, Democrats, and Republicans from over 30 states and introduced a resolution into the Pennsylvania General Assembly that reaffirms Pennsylvania’s constitutional powers under the 10th Amendment.

This 10th Amendment Resolution (House Resolution 95) is little more than a restatement of the last amendment to the Bill of Rights, reminding state legislatures that the federal government must no longer be allowed to commandeer our rightful authority.

As difficult as it is to believe someone could oppose a resolution as plain as reaffirming a basic tenet of our Constitution, sadly, opposition is too often the case in our state legislatures. This issue, however, is gaining traction among American citizens who are unwilling to sit back while Washington blatantly ignores their voices.

Supporting the 10th Amendment Resolution is a grassroots effort if ever there was one. I encourage you to spread the word and contact your family, friends and relatives, in and out of Pennsylvania, and encourage them to speak up. This issue will not go away—and it gives a voice to those who have grown frustrated and disillusioned with our federal government.

The 10th Amendment Resolution simply yet powerfully affirms our belief in the constitutional structure of our government. Join me today in that affirmation.

Rep. Rohrer will be holding the “10th Amendment Rally for the State of Independence” on Monday, March 16 at noon in the Rotunda of the State Capitol. Please make plans to join him there. Visit http://www.samrohrer.com for more information.

Samuel E. Rohrer is a member of the Pennsylvania House of Representatives (R-Berks). To contact him, visit his website at http://www.samrohrer.com.

by Dave Malle of The Republic of Dave, March 8, 2009.  Republished here with permission.

State Sovereignty Movement Hits Partisan Roadblock

 

Efforts in more than half of the state legislatures to assert state sovereignty under the 10th Amendment to the Constitution and prevent unwanted impositions by the federal government are now running into serious partisan opposition. Most of these bills have been introduced and are supported by Republican legislators and Democrats are doing everything they can to block them and make sure that their states comply with federal mandates issued by a national Congress dominated by their party. They seem more concerned with profiting from their control of the federal government than in protecting the rights of their citizens and being fiscally responsible.
In the last week three states with Democrat dominated legislatures have rejected state sovereignty resolutions. The Arkansas state sovereignty resolution was defeated in committee along straight partisan lines with a 10-8 vote. In Washington the Democratic chairman of the committee on Government and Tribal Affairs killed the bill by refusing to put it on the agenda. In New Hamphire, Representative Daniel Itse’s radically worded sovereignty resolution was one of the first entered and one of the most widely supported. Yet last week, with hundreds protesting in the snow and freezing temperatures outside the New Hampshire state house, it was defeated in a 216-150 vote along party lines. The enthusiasm of the citizens of New Hampshire (shown in the video at right) for their Constitutional rights was not enough to wake up Democratic legislators and convince them to vote against unfunded mandates and federal attacks on citizen rights.
In addition to these three states where sovereignty has been blocked, two states (Ohio, Florida) are long shots for passage of sovereignty because they are trying to do it through petitioning their state legislatures. That still leaves 23 states with resolutions in some stage of development or consideration. Of those states, 12 have at least one house of their state legislatures dominated by Democrats, including Oklahoma which has been one of the leaders in the movement. The current trend suggests that none of these states will be able to pass a sovereignty resolution until the composition of their legislatures changes, though there might be a slim hope for Oklahoma and Louisiana where some of the Democrats are more conservative.
That means we’re down to 11 states with a reasonable chance of affirming state sovereignty this legislative session. They include Alaska, Arizona, Georgia, Idaho, Kansas, South Carolina, South Dakota, Tennessee, Texas, Virginia and Wyoming. Of these, South Carolina, and Texas are the farthest along towards passage and Virginia is probably on the fence, based on the past history of Republicans in their legislature.
It has become clear that there is a coordinated Democrat campaign to oppose the sovereignty movement on a nationwide basis in the state legislatures. Although sovereignty remains on the agenda in more than 20 states, with partisan opposition passage in more than a dozen states is very unlikely. If that many states do pass sovereignty measures it will be mostly symbolic, because with barely a quarter of the states on board, it isn’t a big enough accomplishment to send a message which the federal government cannot ignore.
With the economic crisis worsening, federal spending out of control, and the Obama administration targeting gun rights and raising taxes, popular opposition to overreaching government is growing stronger and stronger. Sadly, the power of the ascendant Democrats both at the national level and in so many state legislatures is too great to challenge effectively through legislating state sovereignty or with a few governors taking a stand against excessive spending. It is becoming increasingly clear that if we are to restore government which serves the best interests of citizens and protects their rights, the people will have to demand change from the grassroots on a nationwide basis with a movement so strong that it cannot be ignored or suppressed by the dominant political establishment in the states or in DC.
It is time to put an end to the politics of partisan greed and the ongoing erosion of our rights by whatever means are necessary. If that cannot be accomplished on the grounds of state sovereignty and by state governments it must be done by individuals in the streets of the nation, in the corridors of power, and at the gates of the enemy. As the economic crisis intensifies and the enemies of liberty use it as a pretext to expand their power, we can’t afford to sit on the sidelines and hope for the best any longer.

 

Dave Nalle has worked as a magazine editor, a freelance writer, a capitol hill staffer, a game designer and taught college history for many years. He now designs fonts for a living and lives with his family in a small town just outside Austin where he is ex-president of the local Lions Club. He is on the board of the Republican Liberty Caucus and Politics Editor of Blogcritics Magazine. You can find his writings about fonts, art and graphic design at The Scriptorium. He also runs a conspiracy debunking site at IdiotWars.com.

The Campaign for Liberty is reporting on House Resolution 875, which ostensibly  establishes a new federal bureaucracy, the Food Safety Administration.  This new addition to the “alphabet soup” of regulatory agencies, would have jurisdiction over all food production, in the name of preventing food-borne illnesses and food contamination.  The legislation:

• Legally binds state agriculture departments to enforcing federal guidelines effectively taking away the states power to do anything other than being food police for the federal dept.
• Effectively criminalizes organic farming but doesn’t actually use the word organic.
• Effects anyone growing food even if they are not selling it but consuming it.
• Effects anyone producing meat of any kind including wild game. 
• Legislation is so broad based that every aspect of growing or producing food can be made illegal.  There are no specifics which is bizarre considering how long the legislation is.  
• Section 103 is almost entirely about the administrative aspect of the legislation.  It will allow the appointing of officials from the factory farming corporations and lobbyists and classify them as experts and allow them to determine and interpret the legislation.  Who do you think they are going to side with?  
• Section 206 defines what will be considered a food production facility and what will be enforced up all food production facilities.  The wording is so broad based that a backyard gardener could be fined and more.
• Section 207 requires that the state’s agriculture dept act as the food police and enforce the federal requirements.  This takes away the states power and is in violation of the 10th amendment.

Yes, you read right.  This would make organic farming illegal, and it would outlaw backyard gardening.  In addition, this would be yet another violation by the Federal Government of the 9th and10th Amendment guarrantees of self-government and state sovereignty.

Link to the story at the Campaign for Liberty site

The link to the bill in the article has expired, but you can read a copy of the bill by duplicating the search. Go to http://thomas.loc.gov/ and enter “HR 875” in the search box, and click the “Bill number” radio button, then perform the search.

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Good News and Bad News for the Tenth Amendment Movement 

Written by Larry Greenley     Wednesday, 04 March 2009 23:59 
Link to original story

 The past couple days have brought a real mixed bag of results for the Tenth Amendment Movement, also known as the State Sovereignty Movement.

First, the good news. Earlier today (March 4) the Oklahoma Senate passed a Tenth Amendment resolution (SJR10) by a vote of 25 to 17. Since the Oklahoma House had already passed its Tenth Amendment resolution (HJR1003) on February 18, Oklahoma has the distinction of being the first state where both houses have passed a Tenth Amendment resolution affirming its sovereignty over those powers not granted to the federal government by the Constitution. South Dakota became the second state where at least one legislative body has passed a Tenth Amendment bill when its House passed HCR1013 by 51 to 18 on March 3. The other piece of good news came from Idaho where the House State Affairs Committee voted to introduce a Tenth Amendment resolution by a vote of 13 to 4 on March 4.

Now for the bad news. Today New Hampshire’s Tenth Amendment bill, HCR6, based on Thomas Jefferson’s Kentucky Resolves of 1798, was voted down by 150-216 on March 4. Unfortunately, opponents of HCR6 were able to portray it as a secessionist measure and thereby discredit it. Fortunately, however, New Hampshire’s HCR6 was unique in being particularly susceptible to a secessionist interpretation. The rest of the state Tenth Amendment resolutions are almost identical and very clearly only affirm the proper balance between the states and the federal government within the union as prescribed by the Constitution. The other bad news came from Arkansas where a House committee voted down a Tenth Amendment resolution by a vote of 8-10 on March 4. The committee vote was strictly along party lines with the Republicans all favoring the resolution and the Democrats all opposing it.

Click here for a state-by-state status review of Tenth Amendment resolutions. There are now at least 18 states that have introduced Tenth Amendment resolutions, including Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Michigan, Minnesota, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, and Washington. Pennsylvania and several other states are also considering such resolutions.

Click here to conveniently email your state legislators in support of Tenth Amendment resolutions similar to those already being considered in over 20 other states. You’ll be supplied with a blank message to your state legislators. Just use the state-by-state status review mentioned above to learn whether your state has already introduced a Tenth Amendment resolution or whether you need to urge your state reps to go ahead and introduce such a resolution. Armed with this knowledge, you can compose an appropriate email to send.

The overriding good news about the Tenth Amendment Movement is that so many citizens and state legislators in so many states are taking some first steps toward restoring the proper balance of power between the states and the federal government as prescribed by the Constitution. Although these Tenth Amendment resolutions are not legally binding, they are steppingstones toward further legislation that would be legally binding. If we are to restore our constitutional Republic, the starting point must be renewed respect for and adherence to the Constitution. Viewed in that light the Tenth Amendment Movement is very good news indeed.

Discuss in the forums at: http://www.statesovereignty.org/forums/viewtopic.php?f=3&t=12&p=33#p33

CNN picks up a story on sovereignty. Link to article.

The article is a little more balanced than the initial sentence tends to suggest it wil be,

“Republican lawmakers from more than 20 states across the country are willing to take federal funding, but only on their terms.”

To begin, this is far from being a Republican effor, but is and should be supported by members of both major political parties. Second, the article fails to observe that the money belongs to the people in the first place. The government takes it from us, then offers to give us back a portion of it, but with strings attached. And in doing so, it pretends it it somehow their money, and that the offer is somehow magnanimous on their part.

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Today the New Hampshire House of Representatives defeated a resolution in defense of the 9th and 10th Amendments of the Bill of Rights.  And, the Arkansas resolution never even made it to the floor of either chamber for a vote, dying in committee. 

It is up to the people to communicate with their lawmakers  in defense of their sovereignty rights.  Please contact your the congresspeople, senators, and governors in your states to make your wishes known.

See the articles at:

New Hampshire

Arkansas

From WVZ Radio in Boston

Concord, N.H. (AP) — A New Hampshire Republican lawmaker is telling the federal government to stay out of state affairs.

The New Hampshire House is scheduled to vote Wednesday on Rep. Daniel Itse’s resolution asserting state sovereignty, or the right to ignore any federal law or policy that violates the Constitution. Itse groups the federal stimulus bill, the No Child Left Behind Act and any new assault rifle ban in that category.

Lawmakers in at least 15 states are sponsoring similar resolutions. Some sponsors have filed them in prior years but say opposition to the stimulus may be spurring a larger movement this year.

Critics say the sponsors are misreading the Constitution. Itse’s supporters are planning a rally on Wednesday before the vote.

Discuss this story here.

The Spartanburg GoUstate.com reports on the sovereignty efforts in South Carolina. See the link to their story here.

Associated Press, reprinted at Vermont’s WCAX site, reports that the New Hampshire House is scheduled to vote this Wednesday on the sovereignty resolution introduced by Representative Daniel Itse.

Link to story  

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