North Dakota House Passes State Sovereignty Resolution, 52-40

by Phil on 04/9/2009

Via TenthAmendmentCenter.com:

On April 7, 2009, the North Dakota House of Representatives passed House Concurrent Resolution 59 (HR59) “affirming North Dakota’s sovereignty under the 10th Amendment to the Constitution of the United States and to demand the federal government halt its practice of assuming powers and imposing mandates on the states for purposes not enumerated in the Constitution of the United States.”

The final vote tally was 52-40.  See the votes here. (.pdf)

Here is the actual floor reading verbiage:

The question being on the final passage of the bill, which has been read, and has committee

recommendation of DO PASS, the roll was called and there were 52 YEAS, 40 NAYS,

0 EXCUSED, 2 ABSENT AND NOT VOTING.

See North Dakota’s page or a current listing of State-based initiatives here.

-Phil

The bill’s full text follows, as it’s difficult to navigate ND’s legislative site…

A concurrent resolution affirming North Dakota’s sovereignty under the 10th Amendment to the Constitution of the United States and to demand the federal government halt its practice of assuming powers and imposing mandates on the states for purposes not enumerated in the Constitution of the United States.

WHEREAS, the 10th 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 10th 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 10th Amendment means that the federal government was created by the states specifically to be an agent of the states; and

WHEREAS, in 2009 the states are demonstrably treated as agents of the federal government; and

WHEREAS, many powers assumed by the federal government and federal mandates are directly in violation of the 10th Amendment to the Constitution of the United States; and

WHEREAS, the 10th Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

WHEREAS, the United States Supreme Court 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 OF NORTH DAKOTA, THE SENATE CONCURRING THEREIN: That the Sixty-first Legislative Assembly affirms this state’s sovereignty under the 10th 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 and demands the federal government halt its practice of assuming powers and imposing mandates upon the states for purposes not enumerated in the Constitution of the United States; and

BE IT FURTHER RESOLVED, that this resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of constitutionally delegated powers; and

BE IT FURTHER RESOLVED, that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed; and

BE IT FURTHER RESOLVED, that the Secretary of State forward copies 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, and to each member of the North Dakota Congressional Delegation.

There are 7 comments in this article:

  1. 04/10/2009GeorgetownJD says:

    According to Orly Taitz, congratulations are due now that it is a sovereign state. So, do you think North Dakota will establish diplomatic relations with us? I’ve got my passport ready to go to Bismark.

  2. 04/10/2009Phil says:

    GeorgetownJD,

    According to Orly Taitz, congratulations are due now that it is a sovereign state. So, do you think North Dakota will establish diplomatic relations with us? I’ve got my passport ready to go to Bismark.

    I’ve gotta say, I really liked your comments better when you were far less sarcastic and much more rational. However, that’s obviously your prerogative.

    As anyone who’s been studying these resolutions knows, a resolution does not have the same force as an actual act that must be signed by a Governor. Therefore, it expresses the “sense of the Legislature” and could be used — however anecdotally — as the springboard for further action.

    -Phil

  3. 04/10/2009Jez says:

    GeorgetownJD –

    Love ya, hon. But y’know, you could at least spell Bismarck right. LOL

    I grew up in ND, and I’m not the least bit surprised about the resolution. It’s a very independent state (unofficial motto: 40 below keeps the riff-raff out). Even the Democrats there are rather conservative and most would rather the Government leave them alone, no matter who is in office.

    Oh, and if you ever get to Bismarck: There is the most excellent Mexican Restaurant on South Third by Kirkwood Mall. Great food. Celia is from Northern Mexico and makes everything by hand. :)

  4. 04/11/2009Sharon says:

    I hope that the Southern States of Alabama, Tennessee and Georgia will QUICKLY jump onboard the Declaration of Sovereignty movement.
    I am working to renew my passport and encourage others to do so. Just never know when and if we might need it other than a drivers license.

    After the April 15th Tea Parties I expect events to take back the government of this country will increase.

    Lets keep Orly in the foremost of our prayers. She’s quite a trooper and is a pure heart for America. Thank you Orly for your diligence, determination abilites. You have extraordinary gifts and abilites and we as a country are blessed you came here to share your life with us. We now owe you an unmeasurable debt of graditude for the strides you have made forward in this crisis.

    I think Orly’s Defendourfreedoms.us web site has definately been hacked. She needs someone to monitor that site for her 24/7 now.
    This is such a serious matter that I also believe she needs Professional 24 hour Protection. Hopefully some of our military troops can and will offer to step in and help protect “our Orly”.

    While it bereaves me what has happened to our country. I remain hopeful and optomistic because I can for certain say that when the going gets tough the people of this country will get going. Thats the American way…this country is ours and it has to stay that way.
    We will defend what rightfully belongs to us as we are the heirs of our forefathers.

    A word of caution is that I do believe that in the move to take over our country by a Usurper and Socialist thugs we need to take this in mind. They want to make us mad. They want us to riot so as Martial Law can be implemented. Up front the preparations and plans need to be made keeping this foremost in mind. By organizing our movement correctly and with percission we can cowboy and indian style head this off “before they get to the pass so to speak”.

    I also believe we need to establish a new election ASAP to elect new officials to represent us in this country. People of the people, by the people and for the people. We have many brilliant and patriotic people in this country that would make excellent leadership for our country.

    I live in Alabama currently. I wrote Congressman Jeff Sessions about O’s eligiblity. He dodged any responsiblity by basically stating to me that it wasn’t his job. I say bull to that.

    No more re election of ANY existing congressman or woman is my vote at this point. Also Spencer Bachus knows more about the Natalee Holloway case that he will reveal. So does the Federal Government. I think diplomactic immunity is involved in her disappearance.

    I am also for getting God and prayer back into as many places as possible within our country. Evidence and proof exists our country has been blessed by putting God first. He will restore our country if we put away our evil and wicked ways and make him first.

    With love to Orly and all my fellow Americans…

  5. 04/11/2009Estel Powell says:

    Glad to see another state getting one step closer to sovereignty.

  6. 04/13/2009JeffM says:

    I just love how a few people on here state these resolutions mean nothing because they aren’t bills.

    HELLO! Amendment X has them covered so there isn’t any need for a bill! The states are saying “not only are we covered by the Constitution, we have passed a resolution re-affirming it”.

  7. 05/7/2009Kris-ND says:

    Glad to see our legislature has a spine and has said “enough” to the overreaching by the Federal Government. We grow your food. All we ask in return is that you leave us alone and let the people of North Dakota decide what happens in North Dakota…we do a much better job of it than the Federal govt can do; we have a billion with a B dollar budget surplus. The Federal govt has how big of a surplus? How foolish…what was I thinking!

Write a comment:

You have to log in to write a comment.