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To: Uncle Sham; Slings and Arrows; martin_fierro; MeekOneGOP; Daffynition; Allegra; restornu; ...
The following info is hard to find.

Right after Obama's inauguration, states started declairing sovereignty to protect themselves from him. It is believed approximately 37 states have passed it or are in legistlature for approval:



Location:
FEDERAL - STATE RELATIONS; GOVERNMENT, STATE;

OLR Research Report
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May 27, 2009

 

2009-R-0215

PROPOSED BILLS ON STATE SOVEREIGNTY IN THE UNITED STATES

By: Jillian L. Redding, Legislative Fellow

You asked for a list and the status of legislative proposals introduced in 2009 concerning state sovereignty. You also wanted to know if any of these proposals have been enacted.

SUMMARY

At least 35 states have proposed bills, resolutions, or joint memorials declaring state sovereignty and defining certain activities to be subject only to state law, and not federal regulation. Of these, resolutions have passed both houses of the legislature in four states: Idaho, North Dakota, Oklahoma, and South Dakota. The resolutions are currently with the secretary of state in Idaho, North Dakota, and South Dakota. The governor of Oklahoma vetoed that state's sovereignty bill but the legislature overrode the veto with a concurrent resolution, which is currently before President Obama and Congress. Connecticut is among the 15 remaining states without such a proposed bill this session.

STATE SOVEREIGNTY PROPOSED BILLS

At least 35 states have proposed bills, resolutions, or joint memorials concerning state sovereignty and federal regulation, as shown in Table 1. Each cites the Tenth Amendment of the U. S. Constitution: “[t]he 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.

Language of the Passed Bills

The state sovereignty resolutions passed both houses in only four states: Idaho, North Dakota, Oklahoma, and South Dakota. Each resolution:

1. cites the Tenth Amendment and declares that any power not delegated to the federal government is reserved for the states;

2. asserts that the scope of power defined in the Tenth Amendment meant for the federal government to be an agent of the states, however, “in 2009, the states are demonstrably treated as agents of the federal government”;

3. cites New York v. United States, in which the Supreme Court declared that Congress may not commandeer the legislative and regulatory processes of the states (505 U. S. 144 (1992));

4. states that it is to “serve as a notice and demand to the federal government . . . to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers”;

5. declares that several federal laws violate the Tenth Amendment to the U. S. Constitution; and

6. asserts that “proposals from the previous administrations and some now pending from the present administration and from Congress may further violate” the U. S. Constitution (H. J. M. 4, 60th Leg. , 1st Reg. Sess. (Idaho 2009); H. C. R. 3063, 61st Leg. , Reg. Sess. (N. D. 2009); H. C. R. 1028, 52nd Leg. , Reg. Sess. (Okla. 2009); H. C. R. 1013, 84th Sess. (S. D. 2009)).

The resolutions in Idaho, Oklahoma, and South Dakota also state that any 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.

Idaho's House joint memorial also states that “Congress has inappropriately delegated its monetary authority to the private federal reserve bank, thus failing to protect and provide a sound monetary system as defined and mandated by the Constitution of the United States, forcing an unstable currency on us resulting in past, and the current, economic perils.

South Dakota's House concurrent resolution states that all Congressional acts, judicial orders, and executive orders that assume a power not delegated by the U. S. Constitution “and which serves to diminish the liberty” of a state or its citizens “constitutes a nullification of the Constitution . . . .

TABLE 1: STATES' PROPOSED BILLS FOR STATE SOVEREIGNTY INTRODUCED IN 2009

State

Bill Number

Status of Bill

Alabama

House Joint Resolution (HJR) 403

“Pending committee action in chamber of origin” 03/24/09

Alaska

House Bill (HB) 186

House passed 04/16/09

Senate referred to Judiciary Committee 04/17/09

Arizona

House Concurrent Resolution (HCR) 2024

Government Committee voted to pass 02/17/09

Rules Committee voted to pass as amended 02/23/09

Failed on the floor to pass with amendment

Arkansas

HCR 1011

“Read third time and failed” 04/03/09

Colorado

Senate Joint Memorial (SJM) 011

“Postponed Indefinitely” by State, Veterans and Military Affairs Committee 04/27/09

Georgia

Senate Resolution (SR) 632

HR 773

HR 470

HR 492

HR 280

Senate passed 04/01/09

Still in the House

Still in the House

Still in the House

Still in the House

Idaho

House Joint Memorial (HJM) 004

House & Senate passed; referred to the secretary of the state as of 04/13/09

Illinois

SR 0181

Referred to Assignments Committee 3/31/09

Indiana

Senate Concurrent Resolution (SCR) 0037

SR 0042

HCR 0050

Introduced 02/23/09; no further action

Introduced 03/19/09; no further action

Referred to Rules & Legislative Procedures Committee 03/13/09

Iowa

SCR 1

HCR 6

Referred to Rules & Administration Committee 01/27/09. No further action.

Laid over under Rule 25 (actions on resolutions must wait one day after being introduced) on 03/02/09. No further action.

Table 1 Continued

State

Bill Number

Status of Bill

Kansas

SCR 1609

Referred to Senate Judiciary Committee 02/12/09; Hearing 03/20/09

Kentucky

HCR 172

Referred to Elections, Constitutional Amendments & Intergovernmental Affairs Committee 02/25/09

Louisiana

SCR 2

Referred to House & Governmental Affairs Committee 5/13/09

Michigan

SCR 0004

Referred to Judiciary Committee 3/03/09

Minnesota

HF 997

SF 1289

Referred to State and Local Government Operations Reform, Technology and Elections Committee 02/19/09

Referred to Judiciary Committee 03/09/09

Mississippi

HCR 69

Amended & Adopted by House 05/07/09

Motion to Reconsider 05/08/09

Missouri

HCR 13

Adopted by House 03/23/09

Senate held Public Hearing 04/07/09

Montana

HR 3

Died in the House, 04/28/09

Nevada

Assembly Joint Resolution 15

Assigned to Elections, Procedures, Ethics, and Constitutional Amendments Committee

Bill died 04/11/09 – failed to meet deadline pursuant to Joint Standing Rule 14. 3. 1

New Hampshire

HCR 6

Died in the House, 03/04/09

New Mexico

HJR 27

Bill died “Action Postponed Indefinitely” [no date given]

North Carolina

HR 849

Referred to House Committee on Rules, Calendar, and Operations on 03/30/09.

North Dakota

House Concurrent Resolution (HCR) 3063

Passed both houses; filed with the secretary of the state.

Ohio

HCR 11

SCR 13

Introduced 03/19/09; assigned to State Government Committee

Introduced 05/07/09

Oklahoma

HJR 1003

HCR 1028

Both Houses passed; governor vetoed 04/24/09

Legislature bypassed governor veto and passed HCR 1028 05/13/09. Currently with President Obama and Congress for consideration.

Oregon

HJM 17

SJM 9

Referred to Rules Committee 03/12/09

Referred to Finance and Revenue Committee 02/23/09

Pennsylvania

HR 95

Referred to State Government Committee 03/23/09

South Carolina

HB 3509

Passed House 02/26/09

Senate referred to Judiciary Committee 03/03/09

Senate recalled from committee and ordered for consideration on calendar 05/14/09

Table 1 Continued

State

Bill Number

Status of Bill

South Dakota

HCR 1013

Both Houses passed as of 03/05/09

Tennessee

HJR 104

HJR 108

SJR 311

Referred to Calendar & Rules Committee 05/19/09

Placed on regular calendar for 05/21/09

Referred to Judiciary Committee 05/07/09

Texas

SCR 39

HB 1863

Senate State Affairs Committee as of 03/13/09

Public Safety Committee Favorably reported 05/01/09

Virginia

HR 61

Referred to Rules Committee 02/26/09; no action taken in committee by voice vote 02/28/09

Washington

HJM 4009

Referred to State Government & Tribal Affairs Committee 01/30/09

West Virginia

HCR 49

Referred to House Rules Committee 03/27/09

Wisconsin

SR 6

Referred to Ethics Reform and Government Operations Committee 04/09/09

JLR: ak

94 posted on 11/10/2009 1:48:31 PM PST by Lady Jag (Double your income. Fire the government)
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To: Lady Jag

BUMP!!!!!!!!


95 posted on 11/10/2009 2:01:56 PM PST by pissant (THE Conservative party: www.falconparty.com)
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To: Lady Jag; LucyT

Another bttt.

Thanks for the ping, Lady Jag.

FYI, LucyT.


96 posted on 11/10/2009 2:34:00 PM PST by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: Lady Jag; RobinMasters; SunkenCiv; Clintonfatigued; holdonnow; Sean Hannity; fieldmarshaldj; ...
While these state legislatures cite the Tenth Amendment to argue against ever more expansive federal power, let's not forget the the last four words of the Tenth Amendment: or to the people. In other words, state powers are circumscribed too.

Plus, the Constitution never uses the phrase "states' rights." It is a bogus term that we conservatives should drop from our vocabulary. Only individuals and private sector entities have rights. Governments - federal or state or local - have (limited) powers, not "rights."

99 posted on 11/10/2009 3:08:31 PM PST by justiceseeker93
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To: Lady Jag; Just A Nobody

Bump!!!!!!!!!!!!!!

Thanks for the ping, Lady Jag.

Justa, did you see this?


100 posted on 11/10/2009 3:20:20 PM PST by melancholy (Hey Marxists, don't Crap & Tread on me. Zer0's defeat is now in progress.)
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To: Lady Jag

Thanks for the information. Do you suppose the law I’ve suggested would be easier to enact, at least in a couple of states? If so, which states would, in your opinion, be most likely to consider it?


102 posted on 11/10/2009 3:35:27 PM PST by Uncle Sham
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To: Lady Jag; PGalt; seekthetruth; All
Wisconsin SR 6 Referred to Ethics Reform and Government Operations Committee 04/09/09 JLR: ak

Unfortunately, Doyle the Boil is a despicable NEANDRATHOL!

Is it any wonder months ago, Doyle *Proclaimed* he would not seek re election?

Uhh Doyle?

Do Wisconsin an Un Paid intellectually Honest favor!

Quit!

Release Wisconsin's hard working tax payers from your bondage! I found your *Photo Op* with Ovomit in Milwaukee, outrageous and embarrassing! When you accepted worthless Federal money from a unaccomplished THUG, squating in America's White House, I along with thousands of Wisconsin residents, heaved up collective chunks of undigested rat poison. Sadly, we accepted your corrupt leadership, Mr, Doyle and his Republican/Democratic Minions need to be purged from their cushy corrupt caves.

The sooner the better!

104 posted on 11/10/2009 3:47:19 PM PST by katiekins1 ( I am preparing a table for you in the presence of your enemies, and you shall feast on the beasts)
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To: Lady Jag

Nice work! I rarely see an accurate representation of all the pending legislation in GA.


105 posted on 11/10/2009 4:43:57 PM PST by tunedin
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To: Lady Jag

Thanks for locating this info, Lady Jag.

Makes me sad to see this about my state: “Failed on the floor to pass with amendment.”


107 posted on 11/10/2009 5:49:10 PM PST by azishot
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