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thomj76
04-20-2009, 09:11 PM
Can we push this?

PS: Colbert just had Dr. Paul on for Letters of Marque and Reprisal. He called it an 18th century solution for a 17th century problem. Then he said (and I am paraphrasing), "Yeah, the War of 1812, back when the federal government actually tried to defend New Orleans.

Here is a resolution that has been worked on. Any thoughts? I think it is imperative to get this language out there to craft the evolving movement. The more people see this, the more the dialogue will be normalized.


Thanks for your time...


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 immovable 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.

muzzled dogg
04-20-2009, 09:32 PM
http://www.tenthamendmentcenter.com/state-groups/

thomj76
04-20-2009, 09:52 PM
Thanks for the heads up on that, I emailed them some links. Here is the link to the resolution for C4L

http://www.campaignforliberty.com/blog.php?view=16443

GunnyFreedom
04-20-2009, 10:50 PM
Here is what we are doing in North Carolina:

http://liberty.ohmegacomm.com/vanceresolves/jpgs/2ndDistCover.jpg


http://liberty.ohmegacomm.com/vanceresolves/jpgs/2ndDistp2.jpg


http://liberty.ohmegacomm.com/vanceresolves/jpgs/2ndDistp3.jpg


http://liberty.ohmegacomm.com/vanceresolves/jpgs/2ndDistp4.jpg

As inspired by Tennessee and Montana.