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Old March 1, 2009, 07:55 PM   #1
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Is it comming to your state ?

Mods, I wasn't quite sure where to post this but thought it was important.

Kentucky legislature introduces 10th Amendment sovereignty bill


I just saw that Ky legislature now has a 10th Amendment resolution asserting sovereignty over the Federal Govt.

30 other states have issued similar resolutions, so it's awesome that Ky legislators are taking a stand too. Make sure you call the Frankfort Legislature hotline at 1-800-372-7181 and leave a message for your rep and/or senator.

Here's the text...

A CONCURRENT RESOLUTION claiming sovereignty over powers not granted to the federal government by the United States Constitution; serving notice to the federal government to cease mandates beyond its authority; and stating Kentucky's position that federal legislation that requires states to comply under threat of loss of federal funding should be prohibited or repealed.

WHEREAS, the Tenth Amendment to the Constitution of the United States provides that "The powers not delegated to the United States by the Constitution, not prohibited to it by the States, are reserved to the States respectively, or to the people."; and

WHEREAS, 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; and

WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the state; and

WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and

WHEREAS, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

WHEREAS, Article IV, Section 4 of the United States Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government..." and the Ninth Amendment of the United States Constitution states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."; and

WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

WHEREAS, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States;

Be it resolved by the House of Representatives of the General Assembly of the Commonwealth of Kentucky, the Senate concurring therein:
Section 1. The Commonwealth of Kentucky 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.
Section 2. This Resolution serves 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.
Section 3. It is the position of the Commonwealth of Kentucky that all compulsory federal legislation that 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.
Section 4. The Clerk of the House of Representatives shall distribute a copy of this Resolution to 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 to each member of Kentucky's congressional delegation.
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sjeeperman is offline  
Old March 1, 2009, 10:51 PM   #2
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Are there any "Cliffs Notes" for this mumbo jumbo?? "whereas" this if so that.
Speak slooooowly. Im from TexaS
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armedtotheteeth is offline  
Old March 2, 2009, 01:13 PM   #3
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Maybe this will help, armedtotheteeth.
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Old March 2, 2009, 01:40 PM   #4
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Was there anything in particular that prompted this legislation? Certain issues that it targets?
Unfunded federal mandates, abuse of the Commerce Clause in the Constitution and just flat-out nasty laws that "flyover" states are tired of.

Stuff like RealID, AWB-II, Porkulus bill mandated spending (out of state coffers).

This is a non-binding resolution so it isn't exactly the line in the sand, but it is a fist shaken from across the street.

We'll see if Congress is a good neighbor, or a jerk.
azredhawk44 is offline  

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