To enact sections 131.70 and 131.71 of the Revised Code to assert the state's claim of sovereignty pursuant to the Tenth Amendment to the United States Constitution, to require Ohio residents to remit federal taxes to the Treasurer of State, to require that those taxes be retained by the state for its own use to the extent the General Assembly finds that the federal government penalized the state for failing to comply with a federal mandate determined by the General Assembly to be unconstitutional or to the extent directed by a statewide ballot initiative, and to declare an emergency.
I have worked with Rep. Jordan and his staff on this bill, which is modeled on Georgia's; and have discussed with them some practical issues, which will need to be hammered out in committee -- assuming that Speaker Budish and Rep. Gerberry (chairman of the House State Government Committee) allow it to get that far. I do strongly favor the principle, which would provide Ohio a solution to balance the budget by eliminating federal penalties for state non-compliance with federal laws and regulations that are not in conformance with the United States Constitution.
I have suggested that the law enable federal participation in the process of determining Constitutionality, to overcome objections that it might violate U.S. Supreme Court decisions, such as Marbury v. Madison and Osborn v. Bank of the United States.
I expect that the bill will be quickly pilloried by those who favor an activist federal government; and I'm sure the liberal mindset will try to laugh it out of Columbus; but I also see enactment of HB 496 and its counterparts in other states as a sucker punch that will effectively take some the wind out the federal behemoth.
It is an item in the 2010 Ohio Republic legislative program that should be supported by those who love liberty and support Ohio's sovereignty.