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IN joins the 10th Amendment SCR0037 (my title)
Indiana State Legislature ^ | 2/23/2009 | daylilly

Posted on 02/23/2009 3:35:35 PM PST by daylilly

SENATE CONCURRENT RESOLUTION No. _____

A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State's legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.

Whereas , The Tenth Amendment to the Constitution of the United States specifically provides that, “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 ”; Whereas , The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more; Whereas , Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America 's most valuable contributions to political science; Whereas , James Madison, “the father of the Constitution, ” said, “The powers delegated to the federal

government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people ”; Whereas , Thomas Jefferson emphasized that the states are not “subordinate ” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government ”; Whereas , Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the state governments. ” He believed that “this balance between the national and state governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them ”; Whereas , The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states; Whereas , Today, in 2009, the states are demonstrably treated as agents of the federal government; Whereas , Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; Whereas , The United States Supreme Court has ruled 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; and Whereas , A number of proposals from previous administrations and some now being considered by the present administration and from Congress may further violate the Constitution of the United States; Therefore,

Be it resolved by the Senate of the General Assembly

of the State of Indiana, the House of Representatives concurring:

SECTION 1: That the State of Indiana 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: That this Resolution serve as a Notice and Demand to the federal g overnment to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers. SECTION 3: That the Secretary of the Senate immediately transmit copies of this Resolution to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature of the United States of America, and each member of Congress from the State of Indiana.


TOPICS: Constitution/Conservatism; Front Page News; Government; US: Indiana
KEYWORDS: 10thamendment; indiana; statesrights
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This is one of the states that had pledged to introduce this resolution this year. I had not been able to find a copy of it, but found it today on the state legislature website. Kudos to the Indiana senate, it is in committee for the status of the resolution
1 posted on 02/23/2009 3:35:35 PM PST by daylilly
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To: daylilly

What is the state count now? Eleven?


2 posted on 02/23/2009 3:39:52 PM PST by stockpirate (A people unwilling to use violent force to preserve liberty deserve the tyrants that rule them. SP-0)
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To: daylilly

I hope they realize the extent to which the federal government has violated States’ Rights. I hope they don’t just stop with the stimulus bill and various federal firearms legislation. They need to go after everything.


3 posted on 02/23/2009 3:40:44 PM PST by djsherin (Government is essentially the negation of liberty.)
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To: ForGod'sSake

ping


4 posted on 02/23/2009 3:41:23 PM PST by djsherin (Government is essentially the negation of liberty.)
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To: stockpirate

Looks like we got us a convoy.


5 posted on 02/23/2009 3:41:44 PM PST by MahatmaGandu (Remember, remember, the twenty-sixth of November.)
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To: MahatmaGandu

Looks like the fight is just starting.....get some popcorn....


6 posted on 02/23/2009 3:44:23 PM PST by stockpirate (A people unwilling to use violent force to preserve liberty deserve the tyrants that rule them. SP-0)
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To: daylilly; Republic; Teacher317; IN Farm Girl; defconw; Conservatish; WomanBiologist; GovGirl; ...

IF YOU WOULD LIKE ON OR OFF THIS INDIANA PING LIST PLEASE SEND ME A FREEPMAIL.

7 posted on 02/23/2009 3:46:46 PM PST by Earthdweller (Socialism makes you feel better about oppressing people.....)
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To: stockpirate

I think the fight has momentum this time. It’ll be interesting to see what ‘Bama does in response. Can’t wait to see him cut off Federal funds to states that protest the unfunded mandates.


8 posted on 02/23/2009 3:49:30 PM PST by MahatmaGandu (Remember, remember, the twenty-sixth of November.)
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To: daylilly

Great news! I sent the NH bill to my local state Reps.

Don’t forget to check on the “Call to Action” and the ‘Tea Party” threads. We have to make the fools in DC hear us!


9 posted on 02/23/2009 3:52:51 PM PST by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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To: ForGod'sSake

10th Amendment Ping


10 posted on 02/23/2009 3:54:51 PM PST by Army Air Corps (Four fried chickens and a coke)
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To: Earthdweller

The senators listed as sponsors are Walker, Stutzman, Kruse.

I know one of them personally. Really pleases me.


11 posted on 02/23/2009 4:00:42 PM PST by daylilly
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To: stockpirate

It is probably more, I heard a NH legislator saying 20 something in an interview today. I think he said 25.

I believe there are more out there but they haven’t got publicity. I had to hunt this one down.


12 posted on 02/23/2009 4:02:15 PM PST by daylilly
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To: stockpirate

Obviously Indiana is full of a bunch of racists. /s


13 posted on 02/23/2009 4:02:27 PM PST by jennyjenny
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To: daylilly; stockpirate
Some important dates coming up:

Tax day, April 15th.

Whatever day the Dow breaks 7000. (Tomorrow?)

Whatever day the Dow breaks 6000.

Whatever day the Dow breaks 5000.

Stay tuned.

14 posted on 02/23/2009 4:03:42 PM PST by OKSooner ("He's quite mad, you know." - Sean Connery to Honor Blackman in "Goldfinger".)
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To: daylilly
I'm so relieved that we were among some of the first states to get this going. I was worried somehow we would be one of the last after the way the election went.
15 posted on 02/23/2009 4:07:07 PM PST by Earthdweller (Socialism makes you feel better about oppressing people.....)
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; justiceseeker93; ..

Senate Elections Committee Approves
Two Measures Designed to Advance Indiana’s Elections
The Journal of Business | February 18, 2009 | Jim Gavin
Posted on 02/18/2009 8:21:13 AM PST by Military family member
http://www.freerepublic.com/focus/news/2188352/posts

In Lake County, IN, ALL ACORN registlations fraudulent
CNN, via PowerLine, via Steyn | 10/14/2008 | CNN, via PowerLine, via Steyn
Posted on 10/14/2008 2:20:14 PM PDT by TiberiusClaudius
http://www.freerepublic.com/focus/f-news/2105584/posts


16 posted on 02/23/2009 4:08:18 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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To: daylilly

YES!


17 posted on 02/23/2009 4:08:35 PM PST by Kakaze (Exterminate Islamofacism and apologize for nothing.....except not doing it sooner!)
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To: daylilly

Some well-stated reasons in that resolution.

Welcome aboard, Indiana!


18 posted on 02/23/2009 4:08:47 PM PST by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: daylilly

I am so glad to see this.

After the unfortunate result of the election, I was concerned that the tide had turned in Indiana toward the “federal” feeding trough.

This is a great movement... and one that has the potential to take back our great country.


19 posted on 02/23/2009 4:16:19 PM PST by Emerging Patriot
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To: Honeybunch; RayChuang88

Ping.


20 posted on 02/23/2009 4:18:02 PM PST by OKSooner ("He's quite mad, you know." - Sean Connery to Honor Blackman in "Goldfinger".)
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