CONCORD, N.H. (March 14, 2012) – Last week, the New Hampshire House passed a Tenth Amendment resolution asserting the states’ powers under both the U.S. and New Hampshire Constitution, and affirming the principles of nullificatio
HR25 passed on a voice vote and became House Session Law. The House clerk will forward copies of the to the President Obama, Speaker of the House Nancy Pelosi, Senate President Joe Biden and all members of the New Hampshire congressional delegation. Bill sponsor Daniel Itse says he also plans to send copies of the resolution to New Hampshire’s sister states.
HR 25 makes several assertions, among them that the federal government has no power to define or punish crimes except for those enumerated in the Constitution, treaties may not delegate powers not already given to Congress in Article 1 Sec. 8, and when the federal government assumes undelegated powers, its acts are unauthoritative, void, and of no force.
The final resolution upholds the principle of nullification, echoing the words of Thomas Jefferson in the Kentucky Resolutions of 1798.
To take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness, or prosperity of these States; and that therefore this State is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them.
Although the resolution does not carry the force of law, Tenth Amendment Center communications director Mike Maharrey expressed excitement about its passage, pointing out that resolutions lay a foundation and set the stage for future action.
“Wrap your head around this: a state legislative body just approved a resolution stating emphatically that it possess the power to nullify unconstitutional acts. That opens the door for the New Hampshire legislature to actually get busy and interpose to stop implementation of Obamacare, or TSA groping or kidnapping under the NDAA. Lawmakers in New Hampshire can’t very well reject nullification legislation on principle, because they’ve established that they believe they can indeed nullify.”
To track other Tenth Amendment resolution bills, click HERE.