The Pennsylvania Senate introduced a State Sovereignty Resolution (SR9) at the beginning of the 2011 Legislative Session. This bill was introduced under the leadership of Senators Folmer, Robbins, M. White, Orie, Erickson, Alloway, Ward, Rafferty, Brubaker, Eichelberger, Waugh, Argall, and Earll.
The goal of the bill is to strongly re-assert State Sovereignty under the 10th Amendment to the United States Constitution. The resolution articulates solid constitutional language. The introduction starts with a recitation of the 10th amendment and then goes on to detail current conditions and overreach by the Federal Government. The resolution explicitly acknowledges the Compact Theory relationship between the States and the Federal government and sovereign State status. The resolution then strongly ends with the following resolutions:
RESOLVED, By the Senate of the Commonwealth of Pennsylvania, that the Commonwealth of Pennsylvania hereby claim 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; and be it further
RESOLVED, That this resolution 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 these constitutionally delegated powers; and be it further
RESOLVED, That all compulsory Federal legislation which 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or criminal penalties or sanctions or requires states to pass legislation or lose Federal funding be prohibited or repealed;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 bill was referred to the State Government State Committee chaired by Senator Chuck McIlhinney on JANUARY 12, 2011. The Pennsylvania Tenth Amendment Center and the PA Tenth Amendment Coalition are engaging Harrisburg and State Legislators to enable its passage.