Obama Citizenship

AR State Reps Introduce State Sovereignty Resolution

By Phil

Blogger Jason Tolbert at TheTolbertReport reports today that Arkansas State Representatives have introduced HCR1011 (status page).

Title:

CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS AND SERVING NOTICE TO THE FEDERAL GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES.

Mr. Tolbert provides some background concerning why Arkansas is taking part in the States’ rights movement:

I spoke with Rep. Jon Woods, who is co-sponsoring the bill along with Rep. Debra Hobbs and Rep. Roy Ragland. Rep. Woods helped explain to me why they felt this needed to be filed. Rep. Woods said that they ?have been working on this legislation since June, due to the growing trend with the Federal Government that all the answers should come within Washington, D.C., whether it?s No Child Left Behind or the Fairness Doctrine.? He said that the final straw was the announcement today from the chairman of the U.S. Senate Banking Committee Chris Dodd who they may have to nationalize our banking system. Rep. Woods said, ?The Federal Government is the agent to the state, we are not an agent to the Federal Government. This resolution affirm that.?

The text of the bill follows.

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

State of Arkansas

2 87th General Assembly

3 Regular Session, 2009 HCR 1011

4

5 By: Representatives Hobbs, Woods, Ragland

6

7

8 HOUSE CONCURRENT RESOLUTION

9 CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO

10 THE CONSTITUTION OF THE UNITED STATES OVER

11 CERTAIN POWERS AND SERVING NOTICE TO THE FEDERAL

12 GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES.

13

14 Subtitle

15 CLAIMING SOVEREIGNTY UNDER THE TENTH

16 AMENDMENT TO THE CONSTITUTION OF THE

17 UNITED STATES OVER CERTAIN POWERS AND

18 SERVING NOTICE TO THE FEDERAL GOVERNMENT

19 TO CEASE AND DESIST CERTAIN MANDATES.

20

21

22 WHEREAS, the Tenth Amendment to the Constitution of the United States

23 provides that ?[t]he powers not delegated to the United States by the

24 Constitution, nor prohibited to it by the States, are reserved to the States

25 respectively, or to the people.?; and

26

27 WHEREAS, the Tenth Amendment defines the total scope of federal power

28 as being that specifically granted by the Constitution of the United States

29 and no more; and

30

31 WHEREAS, the scope of power defined by the Tenth Amendment means that

32 the federal government was created by the states specifically to be an agent

33 of the state; and

34

35 WHEREAS, today, in 2009, the states are demonstrably treated as agents

36 of the federal government; and

1

2 WHEREAS, many federal mandates are directly in violation of the Tenth

3 Amendment to the Constitution of the United States; and

4

5 WHEREAS, Article IV, Section 4 of the United States Constitution states

6 in part that ?[t]he United States shall guarantee to every State in this

7 Union a Republican Form of Government? and the Ninth Amendment to the United

8 States Constitution states that ?[t]he enumeration in the Constitution, of

9 certain rights, shall not be construed to deny or disparage others retained

10 by the people?; and

11

12 WHEREAS, the United States Supreme Court has ruled in New York v.

13 United States, 505 U.S. 144 (1992), that Congress may not simply commandeer

14 the legislative and regulatory processes of the states; and

15

16 WHEREAS, a number of proposals from previous administrations and some

17 now pending from the present administration and from Congress may further

18 violate the Constitution of the United States,

19

20 NOW THEREFORE,

21 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL

22 ASSEMBLY OF THE STATE OF ARKANSAS, THE SENATE CONCURRING THEREIN:

23

24 THAT the State of Arkansas hereby claims sovereignty under the Tenth

25 Amendment to the Constitution of the United States over all powers not

26 otherwise enumerated and granted to the federal government by the

27 Constitution of the United States.

28

29 BE IT FURTHER RESOLVED that this resolution serve as Notice and Demand

30 to the federal government, as our agent, to cease and desist, effective

31 immediately, mandates that are beyond the scope of these constitutionally

32 delegated powers.

33

34 BE IT FURTHER RESOLVED that it is the position of the State of Arkansas

35 that all compulsory federal legislation that directs states to comply under

36 threat of civil or criminal penalties or sanctions or requires states to pass legislation

1 or lose federal funding be prohibited or repealed.

2

3 BE IT FURTHER RESOLVED that the clerk of the House of Representatives

4 distribute a copy of this resolution to the President of the United States,

5 the President of the United States Senate, the Speaker of the United States

6 House of Representatives, the Speaker of the House and the President of the

7 Senate of each state?s legislature of the United States of America, and each

8 member of the Arkansas Congressional delegation.

-Phil

Full post as published by The Right Side of Life on February 20, 2009 (boomark / email).