STATE SOVEREIGNTY RESOLUTION TO BE INTRODUCED IN THE OHIO SENATE

Senators Keith Faber (R-Celina) and Timothy Grendell (R-Chesterland) will introduce a State sovereignty resolution Wednesday. While modeled on Oklahoma's, it contains language that has never appeared in another State.

One of the most interesting paragraphs effectively addresses the media assertion that the resolution is "secessionist": "... We believe in the importance of all levels of government working together to serve the citizens of our country, by respecting the constitutional provisions that properly delineate the authority of federal state, and local governments."

It includes a reference to Printz v. United States/Mack v. United States, 521 U.S. 898 (1997), in addition to the more common reference to New York v. United States, 505 U.S. 144 (1992). The resolution also quotes James Madison in the Federalist Papers Nos. 39 and 51.

Following is the complete text of the resolution (I shall post a .pdf file when it becomes available):

LSC 128 1004

128th General Assembly

Regular Session 2009-2010

CONCURRENT RESOLUTION

To claim sovereignty over certain powers pursuant to the Tenth Amendment to the Constitution of the United States of America, to notify Congress to limit and end certain mandates, and to insist that federal legislation contravening the Tenth Amendment be prohibited or repealed.

BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO (THE HOUSE OF REPRESENTATIVES CONCURRING):

WHEREAS, The Tenth Amendment to the Constitution of the United States reads: “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 to the federal government by the Constitution of the United States and no more; and

WHEREAS, The scope of power defined by the Tenth Amendment signifies 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 often treated as agents of the federal government; and

WHEREAS, Many federal laws directly contravene the Tenth Amendment to the
Constitution of the United States; and

WHEREAS, We believe in the importance of all levels of government working together to serve the citizens of our country, by respecting the constitutional provisions that properly delineate the authority of federal, state, and local governments; 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 32 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 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 by compelling them to enact and enforce regulatory programs; and

WHEREAS, the United States Supreme Court, in Printz v. United States/Mack v. United States, 521 U.S. 898 (1997), reaffirmed that 43 the Constitution of the United States established a system of “dual sovereignty” that retains “a residuary and
inviolable sovereignty” by the states. The majority of the United States Supreme Court noted in that case (521 U.S. 898, 921-922) :

“As [President] Madison expressed it: ‘ [The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.’ The Federalist No. 39, at 245.

This separation of the two spheres is one of the Constitution’s structural protections of liberty. ‘Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.’ . . . To quote [President] Madison once again:

‘In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each
subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself. ‘ The Federalist No. 51, at 323”; and

WHEREAS, A number of proposals by previous administrations, some now pending proposals by the present administration, and some proposals by Congress may further violate the Tenth Amendment restriction on the scope of federal power; now therefore be it

RESOLVED, That the State of Ohio hereby acknowledges and reaffirms its residuary and inviolable 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 to the federal government as agent of the states, to end federal mandates that are beyond the scope of the 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 Senate 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.