Arizona governor vetoes sheriffs first bill

PHOENIX (April 12, 2012) – For all of her bluster and finger-shaking at  President Obama, it appears Arizona Governor Jan Brewer’s commitment to the Tenth Amendment and state self-sufficiency only goes so far.

Citing the need to cooperate with “federal partners,” the Arizona governor vetoed HB2434 , which would have affirmed the county sheriffs as the chief constitutional law enforcement officers in the state and required federal law enforcement officers to notify them before taking any action in the county.

“This legislation has the potential to interfere with law enforcement investigations and adds unneeded reporting requirements for law enforcement. Rather than hinder the efforts of our federal law enforcement colleagues, we need to focus on collaboration,” she wrote in her veto letter. “Establishing arbitrary reporting requirements for our federal partners takes us in the wrong direction.”

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Missouri House Moving Forward on State Sovereignty Legislation

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” – The Tenth Amendment to the Constitution of the United States

As the federal government was created by the states specifically to be an agent of the states, the Tenth Amendment serves to define federal power as that which is specifically granted by the Constitution of the United States – and no more! The United States Supreme Court even went so far as to rule in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states. But lately, the states are increasingly being treated as agents of the federal government, with many federal mandates standing in direct violation of the Tenth Amendment to the Constitution of the United States.

But under HCR:7, the members of the Missouri House of Representatives “hereby claims sovereignty for the State of Missouri 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 shall serve as a 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 the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and President of the Senate of each state’s legislature of the United States of America, and each member of the Missouri Congressional delegation.

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The First State Needs to Act Like a State

Amid the chatter among fellow Tenth Amendment Center contributors, it came up in conversation that Delaware currently lacks a Tenth Amendment Center state chapter.  This was while discussing an article in the Examiner about a bill in the Delaware House that would essentially do the opposite of the Sheriffs First model legislation advocated on the Tenth Amendment Center website.

Delaware, as far as the Tenth Amendment Center’s legislative tracking goes, shows only two pieces of legislation on record, with very different results for the two bills.  HB353, the Health Care Freedom Act, was introduced March 30, 2010, and didn’t get any further than that.  The bill has not been reintroduced in any subsequent legislative session.  The other, SB17, legalized marijuana for medicinal use; it passed both the House and Senate by considerable majorities and was signed into law May 13, 2011.  Delaware, like New Jersey, apparently can pass Tenth Amendment related legislation when their officials feel the situation calls for it.  Unfortunately, that situation doesn’t seem to come along very often.

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