Putting teeth in Tenth Amendment resolutions

[acptulsa]

http://www.newsok.com/states-efforts-lack-bite/article/3355995?custom_click=headlines_widget

"In 1994, the Colorado Legislature passed a 10th Amendment resolution and later introduced a bill titled "State Sovereignty Act.” Had the State Sovereignty Act passed both houses of the legislature, it would have required all people liable for any federal tax that’s a component of the highway users fund, such as a gasoline tax, to remit those taxes directly to the Colorado Department of Revenue. The money would have been deposited in an escrow account called the "Federal Tax Fund” and remitted monthly to the IRS, along with a list of payees and respective amounts paid. If Congress imposed sanctions on Colorado for failure to obey an unconstitutional mandate and penalized the state by withholding funds due — say, $5 million for highway construction — the State Sovereignty Act would have prohibited the state treasurer from remitting any funds in the escrow account to the IRS. Instead, Colorado would have imposed a $5 million surcharge on the Federal Tax Fund account to continue the highway construction."

This is brilliant. Until we can get these unconstitutional taxes repealed, this is a promising way to ensure they aren't used as a club on our states. For far, far too long, the federal government has been using taxes to tell states, basically, "Your sovereignty or your money!"

[nobody's_hero]

Read the bit about Colorado's "Federal Tax fund." Now, that's a neat idea. Unfortunately, the act to create it didn't pass.

[LittleLightShining]

Fantastic! I finally got a state legislator that is open to the idea of sovereignty legislation and will be speaking with her tonight. I'm definitely going to mention this. THANKS!

[acptulsa]

And why should we worry about the federal tax burden and it's effect on sovereignty? Because this was never a federal law, and if it were it would have been struck down as unconstitutional by the Warren Court:

http://upload.wikimedia.org/wikipedia/en/0/06/Erecting_55_mph_speed_limit.jpg

Instead, this dangerous one-size-fits-all stupidity saw drivers in western states driving off the road asleep or just bored to hypnosis because the federal government threatened to withhold highway funds--collected from the residents of that state--unless those states jumped through their hoops like good little trained circus dogs...

[thomj76]

We will have some news coming shortly from Florida in regard to this...

[thomj76]

Bump....Waiting for Press Release...

[thomj76]

Tomorrow, I will be posting one of the items coming up the line from Florida...

[thomj76]

Also, the direct text of the Colorado Gas Concept would be a boon. Anyone have it and want to share?

[Rael]

I really like this idea, but I think if it passes it will just be held unlawful by the court

[thomj76]

The key, in my opinion, is to construct a Constitutional White Paper to serve as a necessary and proper reference upon the matter. This will either be resolved in the courts or upon the field. Let us use our words mightily before we draw our swords.

[thomj76]

Ok, the press release should be going today. That part is out of my control. this part, however, is not.


We, the Republican Executive Committee of Alachua County, in the great Florida State, commend our fellow several States, who have introduced Resolutions based squarely upon the Ninth and Tenth Amendments of the United States Constitution, which are particular to the thoughts, words, and actions of our Founding Father’s Bill of Rights; left as Providence to their Posterity. Whether or not the States have directly claimed in Resolution or Action, their reserved Sovereign Rights, the matter remains that these unenumerated rights were not meant to deny, or disparage, those retained by the States respectively, or to the People. Discussion of the Tenth Amendment in regard to Sovereign Rights must be necessarily and properly introduced with what precedes it, in the form of the Ninth Amendment of the United States Constitution,

‘The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.’

Honored States such as Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, and Washington have introduced or passed Resolutions to assert their reserved respective rights guaranteed them by the Bill of Rights contained within the United States Constitution.

The United States of America was founded on the principle of sovereign people within sovereign states and a limited federal government. It is with a firm reliance upon these principles of ‘We, the People’, that this resolution is brought forth.

We, the People, are struck with the magnitude of this endeavor. The events of history, the news of the day, the extreme, grave, and serious nature of these times compel us to now demand, for our Posterities’ sake, a strong measure of action be taken to reaffirm the sovereignty of the state of Florida on behalf of all Floridians. These times require earnest, honorable, and valiant action on behalf of our Esteemed Legislature.

Using the resolution brought forth by the great State of Texas as a template from which to begin, the undersigned Republican Executive Committee of Alachua County, in the great Florida State, offer the following:

WHEREAS, The Tenth Amendment of 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 clarifies 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, A number of federal laws are directly in violation of the Tenth Amendment of the Constitution of the United States; and

WHEREAS, The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not rightfully usurp; and

WHEREAS, Section 4, Article IV, of the Constitution says, "The United States shall guarantee to every State in this Union a Republican Form of Government," and the Ninth Amendment 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 clarified as good law 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 within the present administration and Congress, may further violate the Constitution of the United States; now, therefore, be it

RESOLVED, That the Legislature of the State of Florida hereby claim sovereignty, for the People and the great State of Florida, under the Ninth and Tenth Amendment of 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 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; and, be it further

RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation
or lose federal funding be prohibited or repealed; and, be it further

RESOLVED, That the vital nature of this matter compels the creation of a committee by the State of Florida and its Citizenry to review the historical nature of the existence of the several States and the federal government in regard to the Ninth and Tenth Amendment of the Constitution of the United States. All historical and future findings should be diligently documented and brought forth in the creation of a United States Constitutional White Paper to serve as a necessary and proper reference of empirical accuracy upon the subject; and, be it further

RESOLVED, That the Florida secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Florida delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a testament to the Congress of the United States of America upon the Nature of proper Constitutional Action.

[thomj76]

Bump, for having spent the last several weeks, if not months on this.

[thomj76]

I am compelled to post this revised version of a potential Florida State Sovereignty Resolution. This version has not been voted upon by the Alachua County Republican Executive Committee, and may not be transmitted to the Florida Legislature until a much later time. It is imperative that people in Florida and the other several states be made aware of the language as these Resolutions evolve over time.



Thank you for all the good that you have done and for all the good that you will do to help America reclaim its Constitutional Function. Certainly, other names of States are easily interchangeable below, as we do have a Constitutional guarantee of a Republican form of government throughout the several States.



We, the People, in the great Florida State, commend our fellow Citizens of the several States, who have helped introduced Resolutions based squarely upon the Ninth and Tenth Amendments of the United States Constitution, which are particular to the nature of the thoughts, words, and actions of our American Founding Fathers' Bill of Rights; left as Providence to their Posterity.

Whether or not the American States have directly claimed in Resolution or Action, their reserved Sovereign Rights, the matter remains that these unenumerated rights were not meant to deny, or disparage, those retained by the States respectively, or to the People. Discussion of the Tenth Amendment in regard to Sovereign Rights must be necessarily and properly introduced with what precedes it, in the form of the Ninth Amendment of the United States Constitution,

‘The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'

Honored States such as Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, and Washington have introduced or passed Resolutions to assert their reserved respective rights guaranteed them by the Bill of Rights contained within the United States Constitution.

The United States of America was founded on the principle of sovereign people within sovereign states and a limited federal government. It is with a firm reliance upon these principles of ‘We, the People', that this resolution is brought forth.

We, the People, are struck with the magnitude of this endeavor. The events of history, the news of the day, the extreme, grave, and serious nature of these times compel us to now demand, for our Posterities' sake, a strong measure of action be taken to reaffirm the sovereignty of the state of Florida on behalf of all Floridians. These times require earnest, honorable, and valiant action on behalf of our Esteemed Legislature.

Using the resolution brought forth by the great State of Texas as a template from which to begin, the following resolution is offered:

WHEREAS, The Tenth Amendment of 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 clarifies 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, A number of federal laws are directly in violation of the Tenth Amendment of the Constitution of the United States; and

WHEREAS, The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not rightfully usurp; and

WHEREAS, Section 4, Article IV, of the Constitution says, "The United States shall guarantee to every State in this Union a Republican Form of Government," and the Ninth Amendment 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 clarified as good law 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 within the present administration and Congress, may further violate the Constitution of the United States; now, therefore, be it

RESOLVED, That the Legislature of the State of Florida hereby claim sovereignty, for the People and the great State of Florida, under the Ninth and Tenth Amendment of 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 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; and, be it further


RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation
or lose federal funding be prohibited or repealed; and, be it further

RESOLVED, That the vital nature of this matter compels the creation of a committee by the State of Florida and its Citizenry to review the historical nature of the existence of the several States and the federal government in regard to the Ninth and Tenth Amendment of the Constitution of the United States. All historical and future findings should be diligently documented and brought forth in the creation of a United States Constitutional White Paper to serve as a necessary and proper reference of empirical accuracy upon the subject; and, be it further

RESOLVED, that the State of Florida, acting as agents of its Citizenry and in good faith with its Constitutional duties and obligations, will collect all federal taxes within Florida State and place these revenues into an escrow account(s) to be remitted in a timely fashion to the American federal government. The transmission of these funds is contingent upon the federal government of the United States acting constitutionally in good faith as the agent of the several States and the American People. The handling of these accounts is within the constitutional duties of the Comptroller of the State of Florida, and therefore, as an established constitutional office requires no further creation of superfluous bureaucracy to oversee and manage aforementioned accounting mechanisms; and, be it further

RESOLVED, That the Florida secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Florida delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a testament to the Congress of the United States of America upon the Nature of proper Constitutional Action within America.


NOTES:

Black's Law Centennial Edition (1891-1991) defines several key words in relation to this Florida State Sovereignty Resolution.


American. Of or pertaining to the United States.

Pertain. To belong or relate to, whether by nature, appointment, or custom.

Nature. A kind, sort, type, order; general character.

United States. This term has several meanings. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations, it may designate territory over which sovereignty of United States extends, or it may be collective name of the states which are united by and under the Constitution.

A reasonable analysis will conclude that Florida, among the several states, is united by and under the American Constitution, which thereby its nature has certain inalienable guarantees. The Republican form of government within the states being one of those guarantees is always immoveable away from the Florida Constitution pursuant to the Constitution of the United States, in the eyes of the Judiciary under its Constitutional Role and Nature.

There exists certain Constitutional protocol that must be followed to redress grievances that Floridians have with the federal government. The Legislatures of the several States are hereby called upon to examine the critical gravity of the present age, in the given light of serious Constitutional and Economic deficiencies that have developed over the course of American History. It is imperative that civil protocol be adhered to in the progression of this resolution and its resulting action. It is with great sincerity that we must move forward in a Constitutional manner.

Interest accrued in the aforementioned escrow account(s) under the accounting of the Florida State Comptroller will be used to fund the Constitutional Committee in the researching, creation and caretaking of the United States Constitutional White Paper, its correspondence with the several States, its fulfilling of its duty charged to it by the State of Florida. Only reasonable compensation shall be given to this committee in its endeavors. It shall serve as an example of what proper American Civic Duty means. Monies collected above and beyond the necessary and proper expenses shall be used in accordance to the Florida Constitution at the discretion of the duly elected Florida Legislature.

[thomj76]

Bump...