States’ Rights: OK PR on Sovereignty Resolution; Gov. Perry Hints at Secession?
While the Oklahoma State Senate had already passed SJR10, State Rep. Charles Key released the following presser regarding HJR1003:
OKLAHOMA CITY (April 15, 2009) – State Rep. Charles Key today praised the Senate passage of a resolution demanding the federal government cease and desist mandates beyond its authority as designated by the Tenth Amendment to the U.S. Constitution.
“Today, thousands of regular citizens showed up at this state Capitol to say they want the federal government to follow the United States Constitution,” Key, R-Oklahoma City, said. “I believe that this piece of legislation is one of the most important ones we will pass this year and I think that it will give the president and members of the U.S. Congress reason to reconsider much of the legislation they are proposing.”
House Joint Resolution 1003 declares Oklahoma’s sovereignty under the Tenth Amendment in all matters not otherwise enumerated or granted to the federal government under the U.S. Constitution. The resolution also calls on the president and other agents of the federal government to “cease and desist” mandates beyond the scope of “constitutionally delegated powers” and repeal all compulsory federal legislation directing states to comply under threat of civil or criminal sanctions or in order to gain federal funding.
“It is abundantly clear to many U.S. citizens that the federal government has violated the Tenth Amendment of the Constitution and they are voicing their outrage and concern through this legislation,” Key said. “Lawmakers in other states have also been looking into similar resolutions since Oklahoma became the first state file and pass Tenth Amendment Legislation. We now have an opportunity to be the first state to have it signed it into law.”
Key noted that the resolution refers also to a 1992 Supreme Court ruling further stressing that the federal government cannot simply commandeer the regulatory and legislative processes of the states.
“Once the resolution is on the governor’s desk, I hope he will quickly sign House Joint Resolution 1003 into law,” Key said. “I also hope that when it is distributed to President Barack Obama and other elected officials of the federal government that they will recall the oaths to the United States Constitution that they all took and take heed.”
Oklahoma’s initiative page is here; other State-based initiatives are here.
In related news, Texas Governor Rick Perry seemed to hint at secession…
In what could be construed as a play at a potential presidential run in 2012, he had the following to say:
Perry called his supporters patriots. Later, answering news reporters’ questions, Perry suggested Texans might at some point get so fed up they would want to secede from the union, though he said he sees no reason why Texas should do that.
“There’s a lot of different scenarios,” Perry said. “We’ve got a great union. There’s absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that. But Texas is a very unique place, and we’re a pretty independent lot to boot.”
He said when Texas entered the union in 1845 it was with the understanding it could pull out. However, according to the Texas State Library and Archives Commission, Texas negotiated the power to divide into four additional states at some point if it wanted to but not the right to secede.
Texas did secede in 1861, but the North’s victory in the Civil War put an end to that. [emphasis added]
A blogger at the HoustonChronicle has the audio here and adds some interesting links to the concept of secession:
Just FYI, on Perry’s 1845 statement, Texas came into the union with the ability to divide into five states, not withdraw. After seceding during the Civil War, Texas was allowed to re-enter the union after ratifying the 13th Amendment. The 13th Amendment banned slavery in the United States and any territory subject to its jurisdiction.
UPDATED: Texas v White, a U.S. Supreme Court case decided in 1869, said Texas cannot secede.
Let’s not forget that there’s a fine difference between any State having “predominantly sovereign rights” as allowed via the 10th Amendment versus completely disuniting from the Union altogether.
-Phil
Considering all but 3 states are in the deep red mainly because of our abusive, tyrannical federal government, I’d say succession is closer than people realize. The feds have been mandating programs without sufficient funding for decades.
http://www.cbpp.org/cms/index.cfm?fa=view&id=711
States are becoming unable to function properly. Hence all the sovereignty bills. We have a real mess on our hands, much more than people realize.
Phil,
“Remember: the Governor never mentioned the word, “secession;” that’s what reporters were calling his actual verbiage.”
Gee Phil, I don’t think I said he did. What does my post say?
“Before Rick Perry hinted”
Thought this was a interesting comment on a blog by what appears to be a Texan regarding this.
“What a completely embarrassing time to be a Texan. All of you that think Texas should challenge the Supreme Court’s decision and secede, should take down your American flags and renounce the pledge of allegiance as that is what you would accomplish by seceding.
Texas would instantly lose all federal funding for roads, transportation, disease research, hospital funding, The National Guard, all military bases, all forms of US military, connection to the electric grid and all incoming and outgoing pipelines (except those into Mexico). There would be no Texas companies traded on Wall Street, and all those government contracts held by Texas companies would end immediately along with NASA. I’m an American long before I’m a Texan, and the treasonous statements of Gov. Rick Perry should be chastised by the US government and every other State in the nation. And for those of you that will say, “if you don’t like it, move!” I say to you that I would if Texas was ever stupid enough to secede for the greatest nation on earth… God Bless America!!”
I’m a native Texan and I feel the same way.
All Rick Perry was doing was trying to get political “brownie points” in my opinion.
Sue,
Remember: the Governor never mentioned the word, “secession;” that’s what reporters were calling his actual verbiage.
-Phil
It seems there is some confusion whether or not it is legal for a State to secede from the Union. It IS legal. A little-known fact of the Constitution is that two of the largest states — Virginia and New York — made the right to withdraw from the union explicit in their acceptance of the Constitution. And in such an agreement between parties as is represented by the Constitution, a right claimed by one is allowed to all.
The confusion on this issue apparently stems from the reaction of the Lincoln administration to the legal secession of the southern states. If you simply believe that “might makes right”, then you could say that the War changed the legal climate and made secession illegal. But, the founding fathers did not set things up that way and no legislation has ever been passed that made secession illegal.
For the historical basis of the legality of secession, please see:
http://www.etymonline.com/cw/secession2.htm
And if you think our freedoms are not really in much danger because it is not possible for them to be seriously abridged in this country, then you had better check out what Lincoln did in Maryland:
http://www.etymonline.com/cw/maryland.htm
(History can be a great teacher, but don’t rely on the version of history taught in the government schools.)
Jeff
Before Rick Perry hinted at anything for his “own political gain”, he might should have checked to see what Texans wanted first.
http://www.rasmussenreports.com/public_content/politics/states_general/texas/in_texas_31_say_state_has_right_to_secede_from_u_s_but_75_opt_to_stay
In Texas, 31% Say State Has Right to Secede From U.S., But 75% Opt To Stay
“In Texas, Perry finds himself in a challenging environment for reelection as he seeks an unprecedented third consecutive term as governor. Another Republican, Senator Kay Bailey Hutchison, will be running against him. Hutchison is viewed favorably by 67% of voters statewide, Perry by 55%.”
“Twenty-five percent (25%) have a Very Favorable opinion of Hutchison while only five percent (5%) of Texas voters have a Very Unfavorable opinion of her. For Perry, the numbers are 19% Very Favorable and 19% Very Unfavorable.”
“Among Republicans, Hutchison earns positive reviews from 83%, Perry from 78%.”
Phil (always the voice of reason),
You’re right…seccession IS the very last resort for resolution of a tyrannous government. Thanks, Phil.
Noz
Pieter Nosworthy,
I’m not too concerned about secession at this point. There are many, many battles ahead RE: State sovereignty that will likely be waged in the near future. That should be both fun and enlightening, especially since SCOTUS has already ruled — at least twice — in favor of the States via the 10th Amendment.
If we did not have a “Bill of Rights,” secession might be the only option at this time; fortunately, we have those Amendments with which to work at the present time.
-Phil
Phil,
I don’t know how the seccession commentary strikes you, but here’s my take;
1. State governments, if they are worth their salt, would consider such (seccession) if it was an obvious tact to avoid unnecessary suffering/tyranny of its respective citizenry. Contrary to popular belief, the folks in Washington (the Congress), are NOT the ROMAN Senate who wield power without impunity and citizen response.
2. Though I was not born in Texas, I grew up there and consider it more of a nation than a state. By any measure, the elected government of Texas has always tried to be responsible and accountable to its constituency (remarkably BOTH parties have done a great job when they held office). Texas could not do ANY worse if it decided that the future of the REPUBLIC OF TEXAS would be better served by a DRASTIC reduction in its obesiance to federalism.
3. If seccession were to occur, I would not think very long in my decision to return to the state to help support the viability of the new nation. This statement is made in light of a federal employee who would most assuredly lose his pension.
My two cent.
God Bless America and the Republic for which it stands.
God Bless Texas and the Republic that might be inevitable.
SFC Noz
Charles Key states that people are showing up at the state Capitol saying that they want the federal government to follow the United States Constitution. If I’m not mistaken one of the ammendments to the constitution is to have a natural born president. Couple that with the right to redress the government and you have citizens going to court (which shouldn’t even be up to them to do as it is quite obvious the Senate should be investigating this) to have the squatter in the white house show his pertinent documentation that follows the letter of the law to his being a constitutionally qualified candidate for the president of the United States. Those TEA Parties yesterday were an embarrassment for this administration and before you know it that imposter is going to declare that anybody who engages in such activity is an extremist along with people who refuse to give up their right to bear arms and who want secure borders. Canada has secure borders also and I bet that really ticks off this imposter. Let me put it this way for those of you out there (earl, reality check, etc.) who are too brainwashed to understand or who just outright refuse to face the truth. When you cross the border into Canada which I have done and know first hand they do a little background check on you. They make sure that you don’t have a criminal history. If you’ve got felonies on your record there is a good chance you will be turned back in the other direction. Now ‘bamy would call that racism. Conclusion: the imposter was not born in the United States, has no love for this country, hates white people and is going out by hook or by crook.
13 th ammendment:
http://www.w3f.com/patriots/13/13th-01.html