Posted: 2/23/2009 6:17:02 PM EDT
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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 HCR1011 2 02-20-2009 09:04 MBM175 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 HCR1011 3 02-20-2009 09:04 MBM175 Seems to be a trend. Think it will get any traction? |
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Quoted:
Quoted:
Empty words. Nothing more. As in, a bluff by the state? Or, if it does become a bill, the Fed will just ignore it? Or, do you feel what is coming is inevitable? It's a bluff. The feds will ignore it. We won't do shit. The only thing that's becoming inevitable is the US Army crushing any attempts at a rebellion. |