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States’ Rights Update: OK Declares Sovereignty!; LA, OH, SC, TN; In the Media

Submitted by on May 13, 2009 – 8:46 pm 4 Comments

Oklahoma

Just in from TenthAmendmentCenter.com:

The Oklahoma State Senate has passed Charles Key’s House Concurrent Resolution 1028 (HCR1028) today.

Introduced on April 29, 2009, HCR1028 is “A Concurrent 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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.”

The resolution, which passed the House 73-22 on May 4th, does not require a signature from the Governor.

Congratulations, you Okies. Now it’s time for more States to follow suit.

Louisiana

As reported by TenthAmendmentCenter.com, the Louisiana State Senate unanimously passed HCR1:

On May 11, 2009, the Louisiana State Senate voted unanimously in support of Senate Concurrent Resolution 2 (SCR2), which “Memorializes Congress to affirm Louisiana’s sovereignty under the Tenth Amendment of the Constitution of the United States of America and to demand that the federal government halt its practices of assuming powers and imposing mandates upon the states for purposes not enumerated by the Constitution of the United States of America.”

The resolution, introduced by Senator Crowe, passed 32-0, and was received by the Louisiana House on 05-12-09.

Ohio

From a concerned citizen involved with tea parties, Ohio is showing movement on the Tenth Amendment front…

There is positive movement on Ohio’s State Sovereignty legislation!

Today a concurrent resolution was introduced in the Ohio State Senate.
S.C.R. 13 was put forth as the senate’s version of the state
sovereignty resolution.  Among its cosponsors is our very own Steve
Buehrer, who along with five other senators signed on in support of
the resolution introduced by Senators Grendell and Faber.  Make sure
you take a moment to thank Mr. Buehrer for his work in support of our
state’s sovereignty.  Here is his contact information:

Steve Buehrer
Senate Building
Room #134, First Floor
Columbus, Ohio 43215
Telephone: 614-466-8150
Email: SD01@senate.state.oh.us

The full text of the S.C.R. 13 is available here:
http://www.legislature.state.oh.us/res.cfm?ID=128_SCR_13

Also, the House version of the resolution, H.C.R. 11, is scheduled for
a hearing before the State Government Committee next Wednesday, May 13
at 2:30pm.  There is currently no public testimony allowed, but that
may change before the hearing.  Either way, if you have not already
done so please contact the members of this committee urging them to
support the measure.  The Ohio Freedom Alliance provides a service
that allows you to email the Speaker of the House and the committee
members quickly and efficiently.  You can do so here:
http://www.ohiofreedom.com/SLAM/issue.php?issueid=2

South Carolina

Via TenthAmendmentCenter.com:

Introduced in the South Carolina State Senate on May 6, 2009, the “Firearms Freedom Act” (s-794) seeks “to provide that a firearm, firearm accessory, or ammunition manufactured and retained in South Carolina is exempt from federal regulation under the commerce clause of the Constitution of the United States.”

The bill is sponsored by South Carolina State Senators Bright, Bryant, Mulvaney, Davis, Shoopman, S. Martin and McConnell.  They join Montana, Utah, and Texas in an effort to limit federal regulation of guns, and specifically invoke the 9th and 10th Amendments as restrictions on federal power:

“the regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition”

Be sure to also visit WorldNetDaily’s coverage of the Tenth Amendment movement. Time.com has also entered into the fray with an article about States’ rights and the Second Amendment (excerpted):

The right to bear arms is famously and specifically referenced in the Second Amendment to the U.S. Constitution. Alas, for advocates of the right, the language of the amendment gets tangled up in the regulating of militias and the interpretation of commas. Now a multistate movement is trying to find more robust constitutional support in another amendment, which makes no mention of weaponry at all.

The 10th Amendment declares, “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.” It inspired the so-called Sagebrush Rebellion that swept the West three decades ago, preventing the federal takeover of public lands pushed by the Carter Administration and propelling the self-proclaimed Sagebrush Rebel, Ronald Reagan, to the presidency. Now the Amendment is being invoked by pro-gun advocates to press for state, rather than federal, regulation of gun manufacturers. (See pictures of America’s gun culture.)

“It is part of the populist state-sovereignty movement, the sense there is so much power in Washington,” says Stephen P. Halbrook, a Virginia attorney who has argued several important Second Amendment cases before the Supreme Court, including, most recently, a successful case overturning the Washington, D.C., gun ban. Halbrook says the Montana initiative had been simmering long before President Obama’s election, which led to reports of a run on gun and ammunition across the country because of fear of new federal curtailment or taxation of gun ownership. “It is a grass-roots thing,” Halbrook says, “not an NRA [National Rifle Association] initiative.” The NRA, however, has expressed its support for the measure.

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

-Phil

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4 Comments »

  • Roderick says:

    The imposter garnered some votes because people knew the election was being fixed by the news media. The news media still claims that we voted for change. Speak for yourself cnn brainwashing channel. Question: How many people want the federal government telling them how to run their lives? Answer: Only two earl and brygenon. Conclusion: Any and all polls manufactured by cnn showing the criminal to have a high approval rating are false, just as false as the imposter himself. My poll asks: Do you want the federal government intruding into your every day life including telling you who you are going to vote for even if the person has known criminal ties? Most people about 98% will say no. Conclusion: the imposter has about a 2% approval rating. Back to you in the situation room wolf.

  • James S says:

    I hope Indiana will also do this. We currently have lifetime Gun Permits in addition to the stardard ‘hunting and target’ and ‘concealed carry’.

  • Randy says:

    We also need a way around the 17th Amendment.

    http://en.wikipedia.org/wiki/Seventeenth_Amendment_to_the_United_States_Constitution

    The 17th Am. transferred Senator selection from each state’s legislature to popular election by the people of each state. Originally, Representatives represented the people and Senators represented their states. Now, the states do not have direct representation at the federal level.

    • Phil says:

      Randy,

      We also need a way around the 17th Amendment.

      http://en.wikipedia.org/wiki/Seventeenth_Amendment_to_the_United_States_Constitution

      The 17th Am. transferred Senator selection from each state’s legislature to popular election by the people of each state. Originally, Representatives represented the people and Senators represented their states. Now, the states do not have direct representation at the federal level.

      I could not agree with you more. I remember reading an article in the Atlanta Journal-Constitution where then-Senator Zell Miller (D-GA), my State’s former Governor, actually proposed such an Amendment to repeal the 17th Amendment back in the early nineties. Of course, to make something as monumental as that happen would require a serious groundswell of grassroots support; it’s not there now, but that’s not to say it never would be.

      -Phil

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