Oklahoma governor Mary Fallin just set an important precedent. By rejecting $54.6 million in federal money to begin implementation of ObamaCare, the governor has firmly set herself against the unconstitutional law and with the citizens of her state. From Fox News: To make it clear Oklahoma will develop its own plan, the state will not accept a $54.6 million…Details
Though many living in New England today might be loathe to admit it, there is a long history of nullification being used in the region to defy unconstitutional federal edicts. This week, the town of Sedgwick, Maine voted to carry on that proud tradition by nullifying certain federal agricultural regulations.
They did so through what might be the most legitimate form of democratic expression left in America: the New England town meeting. (Which have been held in the Sedgwick town hall since 1794.)
“Sedgwick citizens…to produce, process, sell, purchase, and consume local foods of their choosing,”
but declares thatDetails
Two state representatives in South Carolina are pushing back against a federal ban of incandescent light bulbs set to begin in January of 2012. There is no constitutional authority for Congress to impose such a ban on the citizens of the several states, and it’s nice that South Carolina noticed. From NetRightDaily: “State Representatives Sandifer and Loftis are taking the lead…Details
Dan Casey of the Roanoke Times recently embarrassed himself with a juvenile, ad hominem attack on the Tenth Amendment movement titled “The Whole Tenth Amendment Business is Dumb and Crazy.”
While it’s unclear whether Casey actually expected his “arguments” to be taken seriously, it is clear that he cannot make his point through the use of logic or fact. Therefore, Casey’s piece is chock full of historical inaccuracies, mis-characterizations and outright falsehoods regarding the original intent and meaning of the Constitution.
So many, actually, that I cannot list them all here. However, I did respond point by point in a piece of my own to be published soon.
Here is a sample:Details
If we choose to exercise it, the Tenth Amendment explicitly gives us the power to enforce the Constitution’s letter and spirit through political action, regardless of the opinions and preferences of the ruling class.Details
Introduced in the Texas State House last week was House Bill 145 (HB145), the Firearms Freedom Act. The bill, introduced by Rep. Jodie Laubenberg, states that:
The Legislature of the State of Texas declares that a firearm, a firearm accessory, or ammunition manufactured in Texas, as described by Chapter 2003, Business & Commerce Code, as added by this Act, that remains within the borders of Texas:
(1) has not traveled in interstate commerce; and
(2) is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.
Since 2009, 8 states have passed similar legislation as law – Montana, Tennessee, Utah, Wyoming, South Dakota, Idaho, Alaska and Arizona. And, here at the Tenth Amendment Center we expect to see at least a dozen other states consider Firearms Freedom Acts in 2011.Details
Two bills, both attempting to reassert state sovereignty over environmental regulations, will be considered in Virginia’s 2011 legislative session. The first, House bill 1357 (HB1357) addresses the regulation of carbon dioxide emissions specifically, while the second, House Bill 1397 (HB1397) seeks to protect Virginia homeowners from potential cap and trade requirements.Details
The Texas legislature, back in action for the first time since the 2009 legislative session, is getting things rolling in regards to 10th Amendment legislation for the 2011 session. Two resolutions affirming sovereignty under the Tenth Amendment were prefiled on the first possible day, 11-08-10.
Senate Concurrent Resolution 1 (SCR1) was introduced by Senator Glenn Hegar, and House Concurrent Resolution 16 (HCR16) was introduced by Representative Brandon Creighton, whose HCR50 brought the issue and the discussion to the national limelight in 2009.
Both include similar language to assert a proper constitutional role for the state, such as:
The Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more
RESOLVED, That this serve as notice and demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers
SCR1 takes a stronger position and alludes to a proper next step for the State, including:
RESOLVED, That the power over the freedom of the right to keep and bear arms was reserved to the states, and therefore, all acts of Congress to abridge that right are not law and are void; and, be it further
RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed;
A quick glance at their recent op-ed – States tell Obama to Take a Hike – it seems pretty obvious that they’re at least getting the message. Here’s an excerpt: Arizona, Georgia, Idaho, Louisiana, Missouri and Virginia have opted out of an even larger slice of Obamacare by rejecting the health coverage mandate. The anti-Obamacare…Details
Kentucky Rep, Stan Lee (R – Lexington) has prefiled a Joint Resolution for the 2011 regular session reaffirming Kentucky’s sovereignty under the Ninth and Tenth Amendments.
The resolution, BR 55, “…serves as notice and demands to the federal government…to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.”
Lee said that the federal government needs do what it was intended to do and state government needs to do what it was intended to do.
“The health care debacle and failed stimulus bill are but two examples of the federal government’s attempt to cast a long shadow over Kentucky and our people, “ Lee said. “This joint resolution serves as a reminder to those who seek to make our federal government an eight-headed monster that we will no longer stand by and see our sovereign rights taken away.”
Lee introduced a similar resolution in the 2010 regular session, but it failed to pass.Details