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Originally posted by jhill76
STATE OF OKLAHOMA
2nd Session of the 51st Legislature (2008)
RESOLUTION 1089 By: Key
A Joint 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; and directing distribution.
WHEREAS, the Tenth 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 Tenth 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 Tenth Amendment means
that the federal government was created by the states specifically
to be an agent of the states; and
WHEREAS, today, in 2008, the states are demonstrably treated as
agents of the federal government; and
WHEREAS, many federal mandates are directly in violation of the
Tenth Amendment to the Constitution of the United States; and
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
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
AND THE SENATE OF THE 2ND SESSION OF THE 51ST OKLAHOMA LEGISLATURE:
THAT the State of Oklahoma 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.
THAT this serve as Notice and Demand to the federal government,
as our agent, to cease and desist, effective immediately, mandates
that are beyond the scope of these constitutionally delegated
THAT a copy of this resolution be distributed to the President
of the United States, the President of the United States Senate, the
Speaker of the United States House of Representatives, the Speaker
of the House and the President of the Senate of each state's
legislature of the United States of America, and each member of the
Oklahoma Congressional Delegation.
The last time this was done, civil war broke out. Do the members here think that the Feds will actually cease and desist? This is good, I hope more people who know more about politics can weigh in.
[edit on 14-6-2008 by jhill76]
Though House Joint Resolution 1089 received great support in Oklahoma's House of Representatives, it has now hit a roadblock. In the state's Senate, where the seats are split, 24-24, between Republicans and Democrats, the resolution was sent to the Senate's rules committee, where it languished without action until the legislature adjourned.
whcih came before this idea concept of Oklahoma setting itself outside the wrong doing category
I personally do not need Al Gore nor Obama telling me we need Change, I know what we need and it is Our Freedom Back
I have a technical problem with a state issuing a decree out of the context of the U.S. Constitution.
Key said his bill "is making a difference" in the way legislators in Oklahoma are talking and thinking about state's rights. "I think it will make even more of a difference," he said, "when I bring it up again." He vows to put the pressure on Oklahoma's Senate to pass a resolution like 1089, and he plans to begin communicating the cause with legislators around the country, urging them to bring up the issue in their states.
Key passed a similar resolution in 1994, when he was serving a previous tenure in the legislature. But that attempt was only a House resolution. He authored 1089 as a joint resolution because, he said, he wanted to increase its exposure. "As people who believe in this constitutional form of government," he said, "we need to bring this issue to a national level and debate."