Often, supporters of the 10th Amendment movement that’s been growing around the country say – “I love all the discussion and the resolutions in support of the 10th amendment, but where’s the enforcement? These actions need some teeth!.”
In Oklahoma, State Representative Charles Key has introduced just that – a 10th Amendment Resolution with some teeth. House Joint Resolution 1063 (HJR1063) is a proposed state constitutional amendment that would create the “Oklahoma Sovereignty Act.” (h/t David White)
If passed, it would, by law, do the following (amongst other things):
At any time a member of the Oklahoma House of Representatives or State Senate receives the signatures from one-third (1/3) of the duly elected members from the member’s house of the Legislature on a petition stating that the federal government has passed a law, or issued an order or decision, that violates or is in conflict with the United States Constitution and that usurps the powers reserved to the State of Oklahoma, the member may introduce a bill to declare the federal act null and void and unenforceable as it applies to Oklahoma.
My recommended addition would be to include text similar to the following,
“the member may introduce a bill to declare the federal act null and void and unenforceable as it applies to Oklahoma, and require all appropriate action by the state to prevent the federal act’s enforcement.”
Even without such an addition, this is definitely a good follow-up for the Oklahoma legislature after passing a non-binding 10th Amendment resolution in 2009. Could it possibly be a roadmap for other states to follow?
Two other states, New Hampshire and Missouri, have similar 10th amendment bills pending, both of which create a committee within the legislature dedicated to reviewing and responding to actions of the federal government.
CLICK HERE to view the Tenth Amendment Center’s 10th Amendment Bills Tracking Page