hopperbach


It’s the Constitution, stupid

Says OK to DC… don’t tread on me. What an awesome story:

Steamed over a perceived increase in federal usurping of states’ rights, Oklahoma’s House of Representatives told Washington, D.C., to back off.

Joint House Resolution 1089, passed by an overwhelming 92-3 margin, reasserts Oklahoma’s sovereignty under the Tenth Amendment to the U.S. Constitution, and, according to the resolution’s own language, is “serving notice to the federal government to cease and desist certain mandates.”

The Tenth Amendment 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.

Traditionally, this language has meant that the federal government is limited in its scope and cannot usurp the sovereign powers of states. In recent decades, however, as the size and reach of the federal government has expanded, many have come to question whether Washington has stepped on states’ rights and gotten too big for its breeches.

Charles Key, the Republican state representative who authored the resolution, told WND that he introduced it because he believes the federal government’s overstepping of its bounds has put our constitutional form of government in danger.

Excellent stand, Oklahoma. We’re behind you 1089%. I hope other states have the kahunas to follow suit. We’ll be watching this closely.

Here’s the full text of the resolution:

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.

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