[barrel roll]

Ohio Senate Affirms State Sovereignty

By a vote of 19-12 today, the Ohio State Senate passed Senate Concurrent Resolution 13 (SCR13). (h/t OhioFreeState.com)

The resolution claims “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and end certain mandates, and to insist that federal legislation contravening the Tenth Amendment be prohibited or repealed.”

If passed by the House of Representatives, Ohio will become the 8th state to have passed such a resolution in 2009. Other states that have reaffirmed their sovereignty are Alaska, Idaho, North Dakota, South Dakota, Oklahoma, Louisiana, and Tennessee.

While sovereignty resolutions do not carry the force of law behind them, supporters say that they are a long-overdue first step in moving the country towards constitutional government.

Charles Key, state representative from Oklahoma and author of that state’s sovereignty resolution, compared these resolutions to a cease and desist notice a landlord gives a non-paying tenant.

“If you’ve got a tenant that’s not paying rent, you don’t just show up one day with an empty truck,” said Key in a recent interview with the Tenth Amendment Center. “First, you serve notice. That’s how we see these resolutions, as a notice to the federal government. And there defintely will be follow up.”

The follow up that Rep. Key is referring to has been popping up all over the country. Legislation that calls upon the Jeffersonian principle of “nullification” has already been advancing a number of causes, and some success has been gained, too.

A state-level rebellion to the Bush-era Real ID act has rendered the law virtually null and void. Thirteen states have passed various marijuana laws in direct contravention to federal laws. Two states have passed laws nullifying some federal gun regulations.

Groups in multiple states are pushing their governments to withdraw their state’s guard troops from Iraq and elsewhere. And people in up to 10 states may have the opportunity to vote on state constitutional amendments effectively banning national health care.

The long-term success of all these efforts remain to be seen, especially with a Federal Judiciary which has not often been too friendly to the Constitutional intent of the Founders and Ratifiers.

But, many supporters point to the growing success on issues like Real ID and Medical Marijuana as examples which prove that with enough state-level resistance, the federal government has no option but to back off, with or without judicial approval.

And SCR-13

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 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 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: ‘[T]he 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.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

This is the kind of stuff I like to hear.

[Black Emperor]

While sovereignty resolutions do not carry the force of law behind them, supporters say that they are a long-overdue first step in moving the country towards constitutional government.

What does this even mean?

[barrel roll]

Originally Posted by Black Emperor

What does this even mean?

It is implied that our government has moved away from what the constitution says it is supposed to be, with our current focus of power being the federal government as apposed to independent and sovereign states in union.

[CrazyLittle]

lol:

[  URL="http://www.tenthamendmentcenter.com/2009/09/29/ohio-senate-affirms-state-sovereignty/"]Ohio Senate Affirms State Sovereignty[/url]

[barrel roll]

Originally Posted by CrazyLittle

lol:

[  URL="http://www.tenthamendmentcenter.com/2009/09/29/ohio-senate-affirms-state-sovereignty/"]Ohio Senate Affirms State Sovereignty[/url]

Oh come on now. Should I have pulled it from here instead?

[CrazyLittle]

Originally Posted by barrel roll

Oh come on now. Should I have pulled it from here instead?

No.

This is better:
http://www.legislature.state.oh.us/r...?ID=128_SCR_13

[barrel roll]

Originally Posted by CrazyLittle

No.

This is better:
http://www.legislature.state.oh.us/r...?ID=128_SCR_13

Good job. I need you around more often.

[CrazyLittle]

Originally Posted by barrel roll

Good job. I need you around more often.

Heh. That doesn't make the bill itself any less retarded.

[barrel roll]

Originally Posted by CrazyLittle

Heh. That doesn't make the bill itself any less retarded.

States do need to start standing up and doing their jobs though. They let the Federal Government fill the voids they have left through their inaction (or inability). I like seeing these things. I love it even more when I see it in a person. When the individual stands up and says they are responsible for themselves, and through their actions alone will they succeed.

[AlphaNeo36]

I represent the great people from the state of Indiana, I will stand and fight these dissenters until every last one of them is dead!

[CrazyLittle]

Originally Posted by barrel roll

States do need to start standing up and doing their jobs though. They let the Federal Government fill the voids they have left through their inaction (or inability). I like seeing these things. I love it even more when I see it in a person. When the individual stands up and says they are responsible for themselves, and through their actions alone will they succeed.

Still dumb: Ohio is #31 out of 50 states in fed funding with $1.05 received per dollar of taxes paid. Have fun filling in your own budgetary gaps Ohio.

Maybe they can take Texas with them.

[barrel roll]

What is being disputed within the federal system of government when so-called states’ rights are asserted is the jurisdiction of the national government to act in some field. It is important that states act to restrain the national government to the exercise of its powers within its allotted jurisdiction. They are most apt to do so in defense of their jurisdiction. But what is ultimately important in this is the rights of persons and the liberties of the people. It is easy to lose sight of this when the dispute is conducted in the name of “states’ rights.”

Dr Clarence B. Carson • January 1983

He said it better than I could articulate right now.

[CrazyLittle]

Originally Posted by barrel roll

What is being disputed within the federal system of government when so-called states’ rights are asserted is the jurisdiction of the national government to act in some field. It is important that states act to restrain the national government to the exercise of its powers within its allotted jurisdiction. They are most apt to do so in defense of their jurisdiction. But what is ultimately important in this is the rights of persons and the liberties of the people. It is easy to lose sight of this when the dispute is conducted in the name of “states’ rights.”

Specifics, please.

[Wango_Tango]

Originally Posted by barrel roll

It is implied that our government has moved away from what the constitution says it is supposed to be, with our current focus of power being the federal government as apposed to independent and sovereign states in union.

it has been since the Civil War...

Hence why we say the United States is going to kick your ***, not the United States are going to kick your ***, as it used to be

anyways this is news because its the first state to do it that anyone actually cares about.

[barrel roll]

Originally Posted by Wango_Tango

...
Hence why we say the United States is going to kick your ***, not the United States are going to kick your ***, as it used to be...

That is just poor grammar.

[CrazyLittle]

Originally Posted by barrel roll

That is just poor grammar.

Not really. We're one nation. We're not 50 separate fiefdoms.

[Smart Parts Player12]

Congratulations. Add to the already polarized nation by passing a meaningless ****ing bill. In the end the Feds always win.

[Wango_Tango]

Originally Posted by barrel roll

That is just poor grammar.

no, thats how the U.S. was referred to before the civil war, as a collection of states more than one real nation. Prior to the civil war, we only really had one nationalist president, Andrew Jackson. Everyone else before hand thought of America as a bunch of, for the most part, independent states, rather than as one country.

[$h@key J0nEZ (Banned)]

The south will rise again!!!

[Wango_Tango]

and get squashed again

[CrazyLittle]

Honestly I don't think I'd mind of Ohio was allowed to implode under its own hubris. This is also the state that's home to the Rape Tunnel*:

http://www.artlurker.com/2009/09/the...sheila-zareno/

Please describe the project.

In the 4D Gallery main room, I’ve constructed a 22 ft tunnel out of plywood that leads into the project room. There is no way in or out of the project room except for this tunnel. As you travel through the tunnel, it gets smaller and smaller, making it so that you have to crawl and put yourself in a submissive position in order to reach the tunnel’s destination. At the end of the tunnel the subject will find me waiting in the project room and I’ll try to the best of my ability to overpower and rape the person who crawls through.