BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That the State of Alabama 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.
BE IT FURTHER RESOLVED, That this resolution serves 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 powers.
BE IT FURTHER RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.
The resolution has already been transmitted to the House, where it awaits action from the House Rules Committee.
In 2009, 38 states introduced similar resolutions, and 7 states passed them, garnering some significant national media attention for these efforts.
Already in 2010, at least a dozen states, most recently Nebraska and Missouri, have introduced similar 10th Amendment resolutions. The “next step” – proposals to nullify various federal laws – has been gaining traction in states around the country, too.
The Alabama Senate is the first legislative body in the country to approve a sovereignty resolution in 2010.
These non-binding resolutions, often called “state sovereignty resolutions” do not carry the force of law. Instead, they are intended to be a statement of the legislature of the state. They play an important role, however.
For example, if you owned an apartment building and had a tenant not paying rent, you wouldn’t show up with an empty truck to kick them out without first serving notice. That’s how many view these Resolutions – as serving “notice and demand” to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.” Follow-up, say supporters, is a must.
The Alabama resolution is part of a growing grassroots movement in state legislatures across the country as a protest to the intrusion of the federal government into state government affairs, and is an essential first step towards efforts to push back, or nullify, unconstitutional federal laws and regulations.
CLICK HERE to view the Tenth Amendment Center’s 10th amendment resolution tracking page
CLICK HERE to view the Tenth Amendment Center’s model 10th Amendment Resolution, which you can send to your representatives when urging them to introduce one in your state.