STATE OF OKLAHOMA
2nd Session of the 51st Legislature (2008)
HOUSE JOINT RESOLUTION 1089 By: Key
A Joint Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the
federal government to cease and desist certain mandates; and directing distribution.
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 2008, the states are demonstrably treated as agents of the federal government; and
WHEREAS, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and
WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
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.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 51ST OKLAHOMA LEGISLATURE:
THAT the State of Oklahoma 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.
THAT this serve 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.
THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and each member of the Oklahoma Congressional Delegation.
Hans Fritz Scholl, Sophia Magdalena Scholl, Christof Hermann Probst, Professor Kurt Huber, and Alex Schmorell ... "The world's dead implore us! Rise up, my people, the fiery beacons beckon!" ... "Do not forget the minor scoundrels of this system. Note their names, so that no one may escape... We shall not be silent- we are your bad conscience. The white rose will not leave you in peace!"
FAIR USE NOTICE:
This blog may contain copyrighted material. Such material is made available for educational purposes, to advance understanding of human rights, democracy, scientific, moral, ethical, and social justice issues, etc. This constitutes a 'fair use' of any such copyrighted material as provided for in Title 17 U.S.C. section 107 of the US Copyright Law. This material is distributed without profit.
This blog does not always agree with certain personal views of the published authors, but I will overlook such views many times in order to gain knowledge from the more important subject matter of the article/op-ed.
Feel free to repost but be polite and include a link back to my page please.