Introduced in the Missouri Legislature this week are House Concurrent Resolution 25 (HCR25) and Senate Concurrent Resolution 34 (SCR34), both of which claim “sovereignty for the state under the Tenth Amendment of the United States Constitution for all powers not otherwise enumerated and granted to the federal government under the Constitution.”
HCR25 was introduced by Rep. Jim Guest and has 24 co-sponsors. SCR34 was introduced by Senator Jim Lembke.
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 we 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, of course, is a must.
Both resolutions include this “notice and demand” language. From SCR34:
BE IT FURTHER RESOLVED that this resolution shall serve as a notice and demand to the federal government to cease and desist any and all activities outside the scope of their constitutionally-delegated powers
SCR34 also makes note of the fact that Constitutional violations from DC didn’t start in January of 2009:
WHEREAS, powers, too numerous to list for the purposes of this resolution, have been exercised, past and present, by federal administrations, under the leadership of both Democrats and Republicans, which infringe on the sovereignty of the people of this state, and may further violate the Constitution of the United States
These resolutions are 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.
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 ten states, most recently Wyoming and Rhode Island, 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.
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.
Section 6
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law and agreed upon by the States, and paid out of the Treasury of each state. They shall in each case be compensated for their services by an amount agreed upon by the enjoining States.
Section 7
In all such Cases regarding Bills, the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered in a timely manner, on the Journal of each House respectively.
Section 8
The Congress of each Sovereign State, shall acknowledge the following inclusions
To provide and maintain an Air force, both severally and Enjoined;
To make Rules for the Government and Regulation of the severally and Enjoined Air Forces;
Section 9
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless agreed upon by two thirds of the Enjoined States, when in Cases of Rebellion or Invasion the public Safety may require it.
Article 2 Section 1
The Electors shall meet in their respective States, and vote by Ballot for two Persons who have met and fulfilled the provisions set forth in Article I, Section two, Paragraphs 1 and 2,
Section 2
Judges of the Enjoined Supreme Court, and all other Officers of the Enjoined States, whose Appointments are not herein otherwise provided for, and which shall be established by Law, shall be seated not to exceed the length of the term of the President under whom they were appointed; but shall at the end of such term, have met and fulfilled the provisions set forth in Article I, Section two, Paragraphs 1 and 2,be required to submit themselves to Congress for re-Appointment
The Enjoined Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Such Appointments will receive a Yea or Nay vote by the Enjoined Senate in a timely manner not to exceed ten days.
The Senate shall present its objections to any Appointee in writing within five days (excluding Sundays) to the President of the Enjoined States. If the President concurs, he shall inform the Appointee of the decision in writing in a timely manner. Not to exceed 5 days, and shall proceed to nominate another Appointee.
If the President does not concur, he shall at his option, call a meeting of the Governors of the Enjoined States, at which time he will present his case to the Governors as to the qualifications of the Appointee. The Governors shall have not more than five days to reach a concurring two-thirds vote of Yea or Nay. Each Governors vote shall be entered into the journal of the Enjoining States, and into the journal of their own several States.
Section 2b: No judicial power shall have power to overturn what is the will of the people as chosen by the people, nor shall they make any attempt to do same.
Signed this ____day of__________ In the year____ and ____
This is something I've shared with others, that IMHO, NEEDS to be taken seriously and included within our claim to State Sovereignty.
** Constitutional Agreement for the Sovereign States of America ***
We the People of the State of ____________________, in Order to form a more perfect Foundational Union, upon which to establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitutional Agreement with the current Constitution for the United States of America.
In accordance with the articles set forth and established by our Constitution for the United States of America, we do hereby acknowledge and establish that which is proclaimed within the U.S. Constitution, and do now and from this day forward proclaim that the following be included when conducting the affairs of the Enjoined States both severally and jointly.
Article 1 Section 2
Requisite One Member of each party chosen every second Year by the People of each Sovereign State, and the Electors in each State shall have demonstrated and delivered such Qualifications for Electors
Each member shall have delivered Qualification of Legality to members of both parties to ensure the safety and sovereignty of each of the Enjoined States.
Representatives and Direct Taxes shall be apportioned among the several States Enjoined and may be included within this Constitutional Agreement For the Sovereign States of America
The Number of Representatives shall not exceed two for every District, but each State shall have a minimum of two Representatives.
Upon acceptance of the position of Speaker, said Representative shall relinquish their seat to another member of same party, to be voted upon by the remaining Representatives from within the same State according to the provisions stipulated in Article 1 Section 2 Paragraphs 1 and 2
Article 1 Section 3
The Senate of this and each Enjoined State shall be composed of not less than one Senator from each party for a total of two Senators, who shall have demonstrated and delivered such Qualifications requisite for the title of Senator from the represented State, chosen
When the President is tried, the Chief Justice of the United State shall preside. When the Governor of the State is tried, the Chief Justice of that State shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Section 4
Each assembled meeting shall last for not less than five hours and bare a continuance for not less than 4 days per assembly
Section 5
Each House shall keep a Journal of its Proceedings, and shall publish the same, excepting such Parts as may in their Judgment require Secrecy; at the end of each year assembled. The Yeas and Nays of the Members of both Houses are to be entered into their respective Journals daily.
Continued…
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." So much for getting any support from the Federal Government then.
"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." So much for getting any support from the Federal Government then.
I would like to see one that says that you will be allowed to execute these powers in this state <insert list here> and anything beyond that and you will be arrested.