GA State Reps Introduce State Sovereignty Resolution; Neal Boortz and the 10th Amendment Commission

Posted on 2/18/2009 by Phil

Per TenthAmendmentCenter.com, my home State, the great State of Georgia, is next to have a number of Sate Representatives formally introduce HR280 (status page). Here’s the title:

Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist

The full text follows; a current listing of State-based initiatives can be found here.

And from Atlanta’s News/Talk 750 WSB, the Libertarian “High Priest of the Church of the Painful Truth” talk show host, Neal Boortz, posted the following in today’s “Neal’s Nuze:”

“Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others.”  Ayn Rand

In my book “Somebody’s Gotta Say It” I mentioned the idea of a Tenth Amendment commission. This is perhaps the most widely abused amendment. And for those of you who are government educated, here’s a little reminder of what we are talking about:

“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 this government growth bill, signed into law yesterday by Barack Obama, is only further proof that our imperial federal government is intent on growing bigger and bigger. With that growth, the states lose more power over issues that should be left up to them .. like education.

Some states are really starting to catch on. In Oklahoma, a state Representative has proposed a resolution calling for the reassertions of Oklahoma’s sovereignty under the 10th Amendment [my link]. House Joint Resolution 1003, authored by Rep. Charles Key, serves as “Notice and Demand to the federal government, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.”

It seems like such a simple concept. But for many who become life-long politicians, government isn’t guided by the principles of our Founding Fathers and the Constitution .. government becomes a source of power, income and influence.

 

09 LC 38 0804

House Resolution 280

By: Representatives Scott of the 2nd, Benton of the 31st, Jerguson of the 22nd, England of the 108th, Allison of the 8th, and others

A 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 for other purposes.

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 2009, 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 GEORGIA GENERAL ASSEMBLY: that the State of Georgia 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.

BE IT FURTHER RESOLVED 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.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution 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 Georgia Congressional Delegation.