Kansas Senate Affirms Sovereignty Under the 10th Amendment

The Kansas Senate passed a state sovereignty resolution Thursday that affirms the principles of enumerated powers and the 10th Amendment:

“the State of Kansas 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”

Senate Concurrent Resolution 1615 (SCR1615) was authored by Senator Mary Pilcher-Cook, and was originally introduced in May, 2009. It passed by a vote of 33-7 and will be transmitted to the House.

SCR1615 is a non-binding resolution, and does not carry the force of law. Its intention is to act as 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, of course, is a must.

As of this writing, 18 states have seen similar resolutions introduced in 2010. Alabama’s was recently passed and signed by Governor Riley. And, in South Carolina, the House and Senate passed S424, which awaits reconciliation in the Senate.

Click here to view the Tenth Amendment Center’s 10th Amendment resolutions tracking page.

Click here to view the Tenth Amendment Center’s model 10th Amendment resolution