IN State Senators Introduce “Cease and Desist” State Sovereignty Resolution

by Phil on 02/23/2009

Several Indiana State Senators today introduced SCR0037 (status page):

A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State’s legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.

A current listing of State-based initiatives can be found here.

The text of the above bill follows…

SENATE CONCURRENT
RESOLUTION No. 
_____ 
 

DIGEST OF INTRODUCED RESOLUTION

    A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State’s legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.

 

WALKER , STUTZMAN, KRUSE  


 

     , read first time and referred to Committee on   

 

 

Introduced

First Regular Session 116th General Assembly (2009)

SENATE CONCURRENT

RESOLUTION No. _____ 
 

   

    A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State’s legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power. 

Whereas , The Tenth Amendment to the Constitution of the United States specifically provides that, “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 ”;
Whereas , The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more; 
Whereas , Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America ‘s most valuable contributions to political science; 
Whereas , James Madison, “the father of the Constitution, ” said, “The powers delegated to the federalgovernment are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people ”; 
Whereas , Thomas Jefferson emphasized that the states are not “subordinate ” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government ”; 
Whereas , Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the state governments. ” He believed that “this balance between the national and state governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them ”; 
Whereas , The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states; 
Whereas , Today, in 2009, the states are demonstrably treated as agents of the federal government; 
Whereas , Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States;  


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 being considered by the present administration and from Congress may further violate the Constitution of the United States; Therefore, 

  

Be it resolved by the Senate     of the General Assembly
of the State of Indiana, the House of Representatives     concurring:


     SECTION 1: That the State of Indiana 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.
    SECTION 2: That this Resolution serve as a Notice and Demand to the federal g overnment to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers. 
    SECTION 3: That the Secretary of the Senate immediately transmit copies of this Resolution to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state’s legislature of the United States of America, and each member of Congress from the State of Indiana.

-Phil

There are 7 comments in this article:

  1. 02/24/2009Roderick says:

    This scum keeps ignoring these states “cease and desist” sovereignty claim as if it is not noteworthy. This scum thinks he is the most precious thing on the face of the planet. Someone like this should not be in the white house no matter where he was born. According tp Taitz scathing rebuke of him if any of that were to be true e is the biggest fraud since God created man. He should be thoroughly investigated at every level, brought before impeachment proceedings and the U.S. Senate will fortify his fate. E is not going to trample on my Constitution and not get thrown out of “office”. Everybody else has to follow the law time to go to jail.

  2. 02/25/2009PIP74 says:

    Keep digging, Barry. We will not rest until justice is served.

  3. 02/25/2009Marcia says:

    All I want to know is when we will be able to proscecute obama for the biggest fraud in our history. He is not trying to do away away with our Consitution and doinga good job of it. He can sell you the broklyn brige cheap and you would buy it. We need to stop him before we are in camps and Muslins are running this country.

  4. 02/26/2009Audacity of Deceit « IndianaMary says:

    […] http://www.therightsideoflife.com/?p=4011 […]

  5. 03/5/2009Sean Shepard says:

    The text of this bill has since been adjusted to properly represent Senator Mike Delph as the 2nd author. As of last week there now, I believe, 14 total sponsors of the Indiana resolution.

    Regards,
    Sean Shepard, Editor
    The Liberty File

  6. 03/5/2009Phil says:

    Sean Shepard,

    Thanks much for the update.

    -Phil

  7. 05/26/2009Angie says:

    We cannot let this bill die!! The Federal Government is moving at warp speed to strip businesses and individuals of their rights and their property. Before we must provide assistance to California, we need to get a legislation on the books.

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