While the mainstream news media are hyping President Barack Obama and the dismal economic downturn in the
According to political experts such as strategist Mike Baker, Americans are becoming disenchanted with the federal government's lack of perspective on issues of great concern -- illegal aliens, crime, economic turmoil -- while intruding into the private lives of citizens with gun-control laws and other intrusions.
"Many [citizens] are angry at federal government intrusion into their lives and into matters that were intended by our Founding Fathers to be relegated to the individual states," said Baker.
"Take, for instance, the police power. Since the beginning of our republic, police and law enforcement was considered a function of each state in the union. Now we have federal law enforcement agencies who are taking away police powers from states. Why does an agency created to oversee issues related to alcohol, tobacco and firearms need to have SWAT teams?" asks the conservative political strategist.
"I believe that because the federal government refuses to perform their duty of protecting
"Look at
Not only does the US Constitution provide for the sovereignty, the US Supreme Court also 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 states.
So far, only a few states have declared sovereignty, but several states are considering legislation to do so. Some legislation addresses all aspects of states’ rights, while other legislation addresses certain actions such as abortion control and gun owners’ rights.
In the state of
"The Tenth Amendment to the Constitution of the United States specifically provides that, [T]he 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 the Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more; and... [F]ederalism is the constitutional division of powers between the national and state governments and is widely regarded as one of
HJM-4009 goes on to state: "Many federal mandates are directly in violation of theTenth 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 states; and WHEREAS, A number of proposals from previous administrations and some now being considered by the present administration and from Congress may further violate the Constitution of the United States...."
And here's the resolution: "NOW, THEREFORE, Your Memorialists respectfully resolve:
(1) That the State of Washington hereby claims sovereignty under HJM 4009 p. 2 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; and
(2) That this serve as a Notice and Demand to the federal government to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers."
"BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature of the United States of America, and each member of Congress from the State of Washington."
"In other words, the state of
It's not only western and southern states that are seeking sovereignty. For example, in the northeast, long considered a bastion of liberal politics,
The bill states: "[T]he Constitution of the State of New Hampshire... declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled; and... the Constitution of the State... declares that the people inhabiting the territory formerly called the
HCR specifically addresses the police power in the resolution: "[T]he Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences (sic) against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “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...”
[T]herefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory."
The bill goes much further than the one in
"[N]ullifications include, but are not limited to:
"I. Establishing martial law or a state of emergency within one of the States comprising the
"II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.
"III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.
"IV. Surrendering any power delegated or not delegated to any corporation or foreign government.
"V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.
"VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition... (emphasis added).
HCR-6 end this controversial statement:
"Should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the
"What this bill is saying is that except for certain national interests,
Quite simply, HR-212 "declares Missouri's sovereignty under the Tenth Amendment and urges the United States Congress to reject the passage of the federal Freedom of Choice Act which prohibits regulations on abortion" within that state. ( http://www.house.mo.gov/content.aspx?info=/bills091/bills/hr212.htm)
Move to Limit Government in
"With a Republican-controlled Legislature set to convene next month for the first time in state history, chances are good the [sovereignty] measure will pass," Rep. Charles Key told the local news media
Key, a Republican from
"We, the people in the states, created the federal government,” Key said. "They act like they created us and we’re under their authority, and that’s really not the case.”
According to news sources in
"It’s to help try to get us back to following the Constitution and try to preserve our constitutional form of government,” Key told reporters.
"The federal government continues to violate it more and more. It’s gotten so bad that they pretty much do whatever they want and get away with just about anything they want to get away with,” he said.
According to news reports, the resolution, House Joint Resolution 1003, is similar to a resolution Key filed last year.
It sailed through the Republican-controlled state House, passing 92-3, but was not taken up in the evenly split Senate. Republicans picked up two Senate seats in November’s election to have a 26-22 majority.
Key said there’s a "much better” chance that the resolution will pass the Senate this year, but he said he and others "will have to work hard to get it heard over there.”
Georgia’s Soverignty
Arguably,
Highlights of the resolution include:
“NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the State of Georgia 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 United States Constitution and that this measure shall 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 its constitutionally delegated powers.
“BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit copies of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, each member of Georgia's congressional delegation, and the Speaker of the House and the President of the Senate of each state legislature in the United States of America.”
( http://www.legis.state.ga.us/legis/1995_96/leg/fulltext/sr308.htm )
The bill's preamble states that HB-246 is: "An act exempting [
In another section of the bill, the proposed law stipulates: "A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in
The law would prevent federal agencies such as the Bureau of Alcohol, Tobacco and Firearms from entering
And just in case a Washington, DC bureaucrat decides to circumvent this Montana gun owners' sovereignty, the law states: "Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana."
"Needless to say, the National Rifle Association and other gun-rights groups are applauding this legislation," said former NYPD detective Frances.
"It's hoped more states will wake up and pass such legislation," he added.
He's former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university and director of security for several major organizations. He's also served on the National Drug Task Force and trained police and security officers throughout the country. Kouri writes for many police and security magazines including Chief of Police, Police Times, The Narc Officer and others. He's a news writer for NewswithViews.com and PHXnews.com. He's also a columnist for AmericanDailyReview.Com, MensNewsDaily.Com, MichNews.Com, and he's syndicated by AXcessNews.Com. He's appeared as on-air commentator for over 300 TV and radio news and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox News, etc. If you wish to receive Kouri's emailed law enforcement and intelligence reports, write to him at COPmagazine@aol.com. Simply write "Free Subscription" on the subject line.
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Excellent post. Thank you for it.
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