The resolution is modeled on that introduced in Oklahoma and several other States, but is a bit stronger than some, specifically by the addition in the Whereas clauses of language stating that the Tenth Amendment to the U.S. Constitution ensures that each State has rights that the Federal government may not usurp, and by quoting Article IV, Section 4 of the Constitution in its guarantee that every State shall be guaranteed a republican form of government. It also quotes the Ninth Amendment's guarantee that the enumeration of rights in the Constitution shall not be construed to deny or disparage others retained by the people.
The resolution also adds a resolve "that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalty or sanction or that requires states to enact legislation or lose federal funding be prohibited or repealed."
Introduction is only the first step in the legislative process. The Speaker of the House, Armond Budish (D-Cleveland), will refer the resolution to a committee, probably to the State Government committee chaired by Ronald Gerberry (D-Austintown). To move the resolution out of committee will require a great deal of effort and education by supporters, due to the Democratic majority in the Ohio House, and the nearly universal hostility of Democrats to the measure nationwide. However, I believe that a great deal of misinformation (maybe even disinformation) has been circulated by opponents of State Sovereignty resolutions; which The Ohio Republic will address in coming days. Educating the Representatives and the public to the truth about State sovereignty may well turn the tide in its favor.
Let me deal head-on with one misconception much beloved by the media: This is not, repeat not, a resolution threatening secession. The purpose of this resolution is to add Ohio's voice to those of other States to warn the Federal government that its arrogance in dealing with the States is being noticed, and will no longer be tolerated. Far from being a resolution from secession, it may well provide the greatest hope of preserving the Union on the terms on which it was created. Contrary to what some media are writing, the State Sovereignty resolution does not promote secession; but if this movement fails and the consolidation of government (and even the economy) under the control of the Federal Government continues unabated, the collapse of the Union will become inevitable. The resolution is not likely to satisfy most secessionists; but is stronger than I expected, and will very well serve the ultimate purpose of moving our nation back to real liberty and justics for all.
Following is the complete text of the resolution (I shall include a .pdf link as soon as it becomes available):
LSC 128 0585
128th General Assembly
Regular Session
2009-2010
H.C.R. No. 11
CONCURRENT RESOLUTION
To claim sovereignty over certain powers pursuant to
the Tenth Amendment to the Constitution of the
United States of America, to serve notice to the
federal government to cease and desist certain
mandates, and to insist that certain federal
legislation be prohibited or repealed.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO (THE SENATE CONCURRING):
WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows: "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."; 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 states; and
WHEREAS, Today, in 2009, the states are demonstrably treated as agents of the federal government; and
WHEREAS, Many federal laws directly violate the Tenth Amendment to the Constitution of the United States; and
WHEREAS, The Tenth Amendment assures that we, the people of the United States and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 of the Constitution of the United States, states in part, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States 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 . 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, some now pending from the present administration, and some proposals by Congress may further violate the Constitution of the United States; and be it further
RESOLVED, That the State of Ohio 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; and be it further
RESOLVED, 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; and be it further
RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalty or sanction or that requires states to enact legislation or lose federal funding be prohibited or repealed; and be it further
RESOLVED, That the Clerk of the House of Representatives transmit authenticated copies of this resolution to the President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Representatives and the President of the Senate of each state's legislature, and each member of the Ohio Congressional Delegation.
128th General Assembly
Regular Session
2009-2010
H.C.R. No. 11
CONCURRENT RESOLUTION
To claim sovereignty over certain powers pursuant to
the Tenth Amendment to the Constitution of the
United States of America, to serve notice to the
federal government to cease and desist certain
mandates, and to insist that certain federal
legislation be prohibited or repealed.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO (THE SENATE CONCURRING):
WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows: "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."; 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 states; and
WHEREAS, Today, in 2009, the states are demonstrably treated as agents of the federal government; and
WHEREAS, Many federal laws directly violate the Tenth Amendment to the Constitution of the United States; and
WHEREAS, The Tenth Amendment assures that we, the people of the United States and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 of the Constitution of the United States, states in part, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States 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 . 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, some now pending from the present administration, and some proposals by Congress may further violate the Constitution of the United States; and be it further
RESOLVED, That the State of Ohio 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; and be it further
RESOLVED, 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; and be it further
RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalty or sanction or that requires states to enact legislation or lose federal funding be prohibited or repealed; and be it further
RESOLVED, That the Clerk of the House of Representatives transmit authenticated copies of this resolution to the President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Representatives and the President of the Senate of each state's legislature, and each member of the Ohio Congressional Delegation.
10 comments:
Glad he finally introduced it.
excellent news - i thought they were going to wait until april, but here we go! i'm spreading the word, i'll get the word out on the gun owner/firearms forums.
This is Wonderful News!!! I am more Hopeful!!!
Wow - great news! Make sure to let us know over at the Tenth Amendment Center as soon as you hear about a number being assigned so we can report on it.
Keep up the great work!
It's about time that the states at least began to try and reassert the authority to govern their people as guaranteed in the Constitution. While it may never make it out of committe, it may at least give some pause in the headlong rush to centralizing government under a Federal bureaucracy.
"RESOLVED, That the State of Ohio 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".
One problem: the federal government can claim that the Constitution grants it ANY powers that it wants, under "implied" powers, "inherent" powers, etc.
If the USA is a sovereign nation, then obviously the fed has national AUTHORITY, and is the final word in deciding disputes. It's amazing how people can think that the written Constitution is going to magically enforce itself.... but no rational intelligent person could possibly entertain such nonsense.
Anonymous (last one):
"One problem: the federal government can claim that the Constitution grants it ANY powers that it wants, under "implied" powers, "inherent" powers, etc.
"If the USA is a sovereign nation, then obviously the fed has national AUTHORITY, and is the final word in deciding disputes. It's amazing how people can think that the written Constitution is going to magically enforce itself.... but no rational intelligent person could possibly entertain such nonsense."
I agree the Constitution cannot enforce itself; but I disagree that the Federal Government should have the last word in deciding disputes. The framers of the Constitution held that both the States and the Federal Government are sovereign within the spheres defined for them by the Constitution.
However, the people and their State legislators have to enforce it. The resolution is the first step toward doing exactly that.
They need to get this passed!!!!
I’m very happy to hear about this resolution. By the way I’m still looking for pdf link that you have promised earlier. I want to make a review of it. Thank you.
Tom:
HCR11 was introduced in the last session of the General Assembly; therefore, it died at adjournment last year. However, for the record, here is the .pdf file
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