Skip to comments.Well this is cool. Scratch that. It's Awesome.
Posted on 02/04/2009 6:42:08 PM PST by Weight of Glory
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.
Therefore Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring, that: 1. That the State of Arizona 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. 2. That 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.
(Excerpt) Read more at azleg.gov ...
Some are wondering what prompted this, at this time, and are implying that something not good is looming.
Can you elaborate, please? Thanks.
It may end up in a divorce without any sort of a second civil war. No marriage this bad would last fifteen seconds and Russian scholars are now predicting the breakup of the US. If it happens we need to ensure that it is as close as possible to being along county lines and not state lines. Too many state like Md. would be perfectly normal if you removed two or three cities and/or two or three counties.
Did you know that for his last primary no other names were on the ballot? I was so pissed I wrote in Mickey Mouse. This man has hurt America , in addition to denying us a real choice November 4th.
It’s my understanding that there are ten states. I went looking for source, and found New Hampshire, Washington, Arizona, Montana, Michigan (!!!???), Missouri and Oklahoma. Anyone wanting backup for any of these, I’ll post a link.
Texas is purportedly among them, but I understand it has not occurred due to their legislature being not yet in session.
That’s eight. I do not know which states are the other two.
I will pray that he comes to his senses .... As he dozed off he was singing 'I feel good' (member the singing Obozo bear I told you about)?
He is starting to get on my last nerve.
** ...in addition to denying us a real choice November 4th.**
my nose is still bleeding from how HARD I had to hold it so I could vote for that Liberal Scum bag... Next time .. if they are less than 85% according to ACU... I’ll stay home.
Well, I’ve read speculation that Washington did it because of the FEMA camp, for what that’s worth. The location of it, between Seattle and Canada, has some people a little freaked out. It sounds rather tinfoilish to me, but tinfoil appears to be the new reality, oftentimes of late.
Some thought that all the states with these camps, Region 1 through Region 10, were the ten states. But, that’s not the case.
Others mused about the implications of various States, asserting themselves vis-a-vis the 10th Amendment. Currency issues, bailout funding implications, FoCA, unfunded Federal mandates of every stripe.
The most plausible, but potentially disturbing implication involves continuity of government.
I’ve not read all of these, but purportedly two of them contain language specific to North American Union. Tempted to call tinfoil again, and yet ...
It’s very strange.
A lot of state legislatures do this as the first order of business.
Notice that it is a resolution. A resolution has no force of law.
In most states, it is treated as a nuisance and never gets a vote.
...Yer right. “Lincoln trampled the Constitution” and the Republic. He started this shit...
...Time for the states to put an end to it...
Tell him that he is welcome to send the obozo singing bear to me. I need a new target. I don't know if I would use it for skeet, or for long range shooting, or to test some new incendiary rounds out. Tell him I am getting giddy thinking of the different ways to play with the bear. Kinda funny how they made an obozo teddy bear when the commie's animal is the bear. Not funny ha ha, but funny peculiar.
Don't let him get on your nerve. That is what he is tryin’ to do. Maybe, you should get the stars and bars out and start mending it when he gets on your nerve. That will rattle the Yankee's cage some. Or you could start singing Dixie when he starts singing ‘I feel good’. Or if you really want to rattle his cage count ammo. ;-)
WOO HOO... The Republican Rep from my district (Vic Williams) is one of the cosponsors. As District Chair, I was with him on the floor when he was sworn in.
Thank you for posting this; I am so thrilled and proud.
It’s a start, and it signifies intent.
It’s a GOP legislature and a LOT of conservatives.
AZ and NH...two states with their heads on straight it appears...I DO have somewhere I can move now from MN...a summer and winter home in each perhaps??
The Appropriations Chair in the Senate does not want the Federal Dollars if they come with strings
This is great and appears to be a growing movement. It’s about damn time.
Looks like Oklahoma was the first one out of the gate to do this.
I found an old blog post of mine from Posted in June 15th, 2008
Implementing the Tenth Amendment:
State Sovereignty Resolution
by Colorado State Senator Charles Duke
In the many discussions across several states, questions have arisen concerning exactly how the “Tenth Amendment Resolution” will help. A few have also wondered, “What’s Next?.”
Some insight might be gained if we look at the reasons the Resolution came to life. This discussion is primarily intended for legislators, but can be useful for those of you who are working to have it introduced in your state. It may help in your discussions with legislators who you are asking to sponsor or support the resolution.
The principal motivation came from the myriad of federal mandates which have been placed and are planned to be placed on the states. State legislatures feel they have little choice but to implement these mostly-unfunded mandates and pass the cost for implementation to the state taxpayers. For most state legislators, this is a very frustrating dilemma.
The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp. Article IV, Section 4 says, “The United States shall guarantee to every state in this Union a republican form of government.....”, and the Ninth Amendment states that...”The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”.
We have, through apathy and lack of will, allowed federal legislators and bureaucrats to assert their will over us and commandeer our funds for their own use.... most of it today outside the authority granted to them by the Constitution.
When a state passes this resolution proclaiming its sovereignty, that state may then claim exemption to most federal mandates under the Tenth Amendment of the U.S. Constitution. This was what happened with New York v. United States, 112 S. Ct. 2408 (1992). The federal government was attempting to mandate that the State of New York accept radioactive waste for disposal. New York pleaded they were exempt from the mandate under the Tenth Amendment and the court affirmed the Tenth Amendment protection. Thus, by having proclaimed sovereignty, a state is in the position to select those mandates they will follow, now by choice, not by edict.
A sovereignty resolution does not preclude any state from participating in any program they choose, but the proponent may no longer claim, “It’s a federal mandate. We have to do it”. Each state legislator, in compliance with his/her oath of office, must then examine closely before passage, the Constitutionality of any law being considered.
Needless to say, the feds may be unimpressed with a statement of sovereignty and attempt to impose economic sanctions against the state, as has become their pattern over the years. In anticipation of this, each state should also create escrow funds for each federally-funded major program. That is, the states will collect the major sources of federal funds, such as gas tax and income tax, in behalf of the federal government and make monthly disbursements to the feds from these escrow funds... but only if the funds are to be used for purposes which are allowed in the Constitution.
The cost for maintaining this flow-through operation can be borne through the short term interest gained from the escrow accounts. It is easy to see the savings that are possible when the bureaucracies established on the federal level to dole out funds to the states are no longer needed.
Additionally, the tremendous tax burden on all Americans can be eased because of the decreased spending. Should the feds then decide to place economic sanctions, generally meaning the withholding of certain funds, the state could then simply stop making the monthly disbursement to the feds and retain the funds in the escrow accounts. When the matter is resolved, and it certainly will be, the disbursements could continue.
This approach also allows the placing of surcharges on those federal payments in order to pay for the cost of implementing federal programs. The exact mechanism for creating these funds will vary from state to state, but the idea is fairly universal. In most cases, the funds in question properly belong to the state in question to begin with. There are those who believe there is no such quantity as “federal funds” in the first place. Every dollar disbursed by the feds originated somewhere through the sweat of someone’s labor.
The sovereignty proclaimed by the state simply inserts the authority of the state, guaranteed by the U.S. Constitution, at a point to re-assert control which should never have been given over. This measure will then relieve the pressure of frustration from a federal government wildly out of control and move the decision process much closer to the people.
Should the feds decide to utilize their hired guns — the judicial system — in order to coerce obedience, sovereignty again allows the state to ignore orders of the court. The feds will not, in my opinion, go to more forceful coercions beyond the court system for fear of triggering their ultimate demise. They do not want this and neither do we. We are perfectly within our rights to proclaim protection from federal oppression by our United States Constitution. It was created with exactly these protections in mind.
The following will suggest a few ideas you may want to use to introduce and assure the success of the passage of the 10th Amendment-State Sovereignty Resolution in your state. Every measure in any state legislature must be introduced by the legislators for that state. The resolution needs a prime sponsor in the House of Representatives, a prime sponsor in the Senate and as many co-sponsors as can be enlisted.
Ordinarily, a legislator who would be interested in a strong Tenth Amendment stance will have an interest in other patriot issues such as Constitutional rights and freedoms, a balanced budget, the right to keep and bear arms, honoring veterans and our American flag, and opposing federal mandates. If you don’t know who these might be, visit or call your state capitol and ask for a status sheet. This is a document that gives the name, number, status and usually the prime sponsor of a bill. Look for key words common to a patriot’s vocabulary, such as those mentioned above.
Then, contact those legislators and discuss the resolution with them. If the legislator you contact has no interest he will generally know another who shares our views and interests. Be certain of the legislator’s stance on patriot issues before you ask him or her to be the prime sponsor. Some legislators will agree, or even ask to be the prime sponsor for the express purpose of inflicting fatal damage to the resolution. Needless to say, these legislators are not our friends and should be avoided.
Now, let’s say you have found a legislator who is acceptable and who has agreed to be the resolution’s prime sponsor. In many states, measures are first assigned to a committee for hearing. This is usually the place where public input is allowed and sought. If possible, find co-sponsors who are on the committee to which the resolution is likely to be assigned... the Chairman of that committee would be excellent. If you have a committee chairman who opposes the resolution, regardless the number of co-sponsors, the resolution could die in that committee as it is the Chairman who decides whether or not to call a measure for vote.
Usually a prime sponsor can ask for an alternate committee assignment if the most probable committee assignment is determined to be a hostile committee. Your prime sponsor should know the likely committee of assignment and the names of the members of that committee. The Committee Chairman can also tell you who the influential members of that committee are. Supporters of the resolution in your state can help the prime sponsor by contacting the members of the committee and asking for their favorable consideration. Be polite. Most legislators lead a fairly demanding lifestyle and a little courtesy will go a long way towards insuring the successful passage of the resolution.
Make preparations to have people from your state testify at the committee hearings. Positive citizen testimony is worth a great deal. Regardless of your anger at the direction your government is going, speak instead of the brighter future that lies ahead for those with the courage to reclaim our freedom as secured by our Constitution. Your prime sponsor will also know the ins and outs of measures in your state. Follow their lead, but offer and be willing to help the process along. The stakes are high (potentially losing our Country).... and the reward is great.
Locate the talk show hosts and columnists in your area who express patriot views. Contact those hosts and columnists and solicit their help in your effort. This should not be difficult, as this subject is of keen interest across America and will generate listeners and readers. The Tenth Amendment is fairly easy to understand and explain, but the implications of its assertion are far-reaching. Some in the media will see that and be glad to lend their support. Finally, enlist your friends, family, neighbors, other groups and organizations to assist you in contacting every member of your state legislature to encourage their support. Pay particular attention to those who refuse, for they are major contributors to the problems facing America. There is strength in numbers.
Take strength from the knowledge that there are those who also love their country and are active in their own states.
Take courage from the spirit that founded our Country.
United in this strength and courage America can and will be once again the great nation which our forefathers envisioned.
Note: Our only disagreement with the above article is in the following sentence: “When a state passes this resolution proclaiming its sovereignty, that state may then claim exemption to most federal mandates under the Tenth Amendment of the U.S. Constitution.” A state does NOT have to pass a 10th Amendment resolution to claim exemption to unConstitutional federal mandates. Notice the sentence following regarding New York.... which had NOT passed a sovereignty resolution: “This was what happened with New York v. United States, 112 S. Ct. 2408 (1992). The federal government was attempting to mandate that the State of New York accept radioactive waste for disposal. New York pleaded they were exempt from the mandate under the Tenth Amendment and the court affirmed the Tenth Amendment protection. Thus, by having proclaimed sovereignty, a state is in the position to select those mandates they will follow, now by choice, not by edict. “
Arizona-— doing the right thing ping\/\/\/\/\/\
NOT me! I have left that line blank in his last two senatorial elections.
Yes it’s a start
Are these passed or submitted. There is a big difference between submitting a piece of legislation, which is referred to committee for study, and never seen again, and passing something like this.
All that it would take to do this in 8 or 10 states is a handful or Senators and Representatives in each state. That’s not trivial. It is still significant, but a far cry from states enacting this into law.
The New Hampshire one was much better. It specified that the State was to appoint people to go discuss this with other states, claimed that passage of additional laws violating the 10th would result in the voiding of the Contract between N.H. and the USA, and effectively dissolve their bonds to FedGov.
But again, all that really proves is that there are four or five good politicians in the New Hampshire legislature.
Way better than NONE!
Don’t tread on the people of Arizona!
NH, MT and several others have or are in the process of doing something similar I have been notified..
Certainly if a State can seceeded, so can a county (a whole state was formed out of a group of them in 1863)-which is now more or less a good state WV.
Every state needs to do this. Let the Feds know the extent of their power.
Just in case they don’t listen, Texas will bring the fireworks to the party.
Lincoln didn’t care about the slavery issue. The monetary costs of the war could have bought the freedom of every slave with 40 acres and a mule. Letting the South secede would have actually been better for slavery’s end because then the North would have no obligation to enforce the Fugitive Slave Act and likely, many more slaves would have escaped to freeman status.
Congress has the power to suspend Habeas Corpus “...in Cases of Rebellion or Invasion the public Safety may require it.”
Though I don’t believe the South’s actions constituted rebellion, even if it did, the president suspending Habeas Corpus is unconstitutional. It is up to Congress.
There were a couple posts yesterday from diff states stating pretty much the same. I believe SC did this yesterday, and AZ also.
Pre-emptive Strike. I love it.
Just emailed my State Representative in Florida to see if Florida is doing something like this and if they aren’t if he’d be interested in sponsoring something like this for out state.
I included links to the AZ resolution and the NH resolution.
Anyone know if more states are doing the same?
I'd love to see those links when you get a minute.
Lincoln did not invade the south because of slavery though. What he did was ignore the constitution. The Supreme Court said that Lincoln could not suspend habeas corpus without an act of congress. Lincoln ignored the Supreme Court and told the military to ignore the Supreme Court. After the war, the Supreme Court again said that it was illegal for the military to hold trials in areas where the civil courts could function. When the federal government decided to not put Jefferson Davis on trial for treason, they said they wanted to heal the division. A more believable argument is that they knew they would lose the case in the Supreme Court. Then what do you have? The Federal government invading a sovereign nation without an Act of War by the Congress, resulting in massive death, casualties, destruction of property, etc etc.
I feel some slight hope that least some of the states might actually try to regain what was taken from them illegally. The federal government was not supposed to meddle in the affairs of the states. The Constitution clearly lays out what the federal government can do, everything else is left up to the states and the people.
We are thinking very seriously about moving back to AZ soon.
What do you think of drafting Matt Salmon to challenge McCain? Would he have a chance of beating him?
Same with PA. If you look at the map from the Nov. elections, you can see that Obama took the electoral votes because of Pittsburgh and Philly, leaving us bitter clingers feeling let down and labeled, once again.
I would imagine Utah would have to be in there.
Can you provide a legal citation to support this conclusion?
Weez gittin ready fer a civil war, boy!
We can start with repraling the repeal of the Posse comitatus act that BUSH just signed!
This action could be considered an act of war against the sovereign state!
There are ten states that are doing this. There are language similarities that suggest the possibility of coordination.
Some are wondering what prompted this, at this time, and are implying that something not good is looming.
Crapp!! It’s a Civil War in the making. Buy guns and ammo?! I really have had a BAD feeling for while now. Say your prayers folks.
DO you think it’s really fair to the “new president?” Doesn’t the poor little guy has enough problems trying to get his porkulus package passed? We have to cut him some slack. (OK...enough sarcasm)
I really am proud of my state for this stand they are taking. God bless Gov. Brewer and the Repulicans!
These resolutions started popping up about a year ago or year and a half ago from some states. I didn't quite understand what or why exert the effort towards legislation like this at this time. I mean the states already have these Rights. The resolutions seem to only be notifying the President that the State(s) will what????
Withhold funds in escrow until the situation is resolved.
Really what else can the State do anymore these days? And given the printing presses of the government, withholding funds doesn't seem to be an effective option. Resolutions like this should not be taken lightly or else they are just 'paper tigers.'
Within the past 3 weeks we've seen our worst nightmare coming to fruition. A wildly out of control liberal democrat congress with a President in waiting. A President that is waiting to sign legislation that sets the country on a solid path to socialism. A President that is willing to have a mandatory volunteer program, run through the DNC, to push his agenda(blueshirts).
Many here think 0bama is lacking or showing his inexperience, I suggest he is showing his extensive experience of putting in place socialism. We're calling it lack of experience because our ideals are so rooted in the "American Dream" of self sufficiency, that we are in denial that a real coup de'etat took place on Nov. 4th.
0bama knows exactly what he is doing. He has many useful idiots in congress. He appears upset because even if he gets the porkulus bill through it gives him and his useful henchman the tools they need to shut-down the republicans, conservative talk radio, and even the cable programming (like what he interrupted last night). I am not talking about items in the bill, but he is trying to destroy the credibilities of his opposition.
State Resolutions, hope and pray they mean what they say.