OKLAHOMA: A sovereign state!

[wgadget]

http://www.newsok.com/house-bypasses-governors-veto-to-claim-oklahomas-sovereignty/article/3366762

[Elwar]

So...it's basically a resolution that, if passes, gets sent to the White House and Congress saying..."Stop violating the 10th Amendment".

A simple phone call could've achieved the same thing...with the same results that will come from it.

[LibertyEagle]

It's a start.

WOOT for Oklahoma!

[nobody's_hero]

So...it's basically a resolution that, if passes, gets sent to the White House and Congress saying..."Stop violating the 10th Amendment".

A simple phone call could've achieved the same thing...with the same results that will come from it.

At least it shows that the State representatives understand what the Constitution means and how it is designed to restrain the federal government.

All of the resolutions like this have been very concise in their language.

[acptulsa]

I'll let you know when it passes the state senate. Until then--it's a victory on the road to victory.

[heavenlyboy34]

W00T FOR OKLAHOMA!! :cool::):D

[Romantarchist]

I posted this in the Oklahoma forum. While I am happy, they need to make sure this thing has some teeth in it. An ideal resolution would say "Every time the federal government violates the 10th amendment, the state of Oklahoma will opt out of the new federal law. If the federal government attempts to enforce it, we will have the federal agents arrested, and will give our militias permission to shoot them." Wouldn't that be incredible? Too bad most Americans are still Constitutionally braindead to the fact that this is acceptable.

[Thandurin]

Deleted

[acptulsa]

Here's the text, by the way:

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 2009, the states are demonstrably treated as agents of the federal government; and

WHEREAS, many federal laws are directly in violation of the Tenth Amendment to 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 usurp; and

WHEREAS, Article IV, Section 4 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 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 OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:

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 all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.

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.

[Elwar]

At least it shows that the State representatives understand what the Constitution means and how it is designed to restrain the federal government.

All of the resolutions like this have been very concise in their language.

Sure, it's nice and all...just like the representatives wearing a lapel pin saying that they support the 10th Amendment.

But it appears that the reason that they can get around the governor's signature is because there is no action backing the talk. The reason the other bill was vetoed was because it actually did have some teeth to it.

[acptulsa]

Sure, it's nice and all...just like the representatives wearing a lapel pin saying that they support the 10th Amendment.

But it appears that the reason that they can get around the governor's signature is because there is no action backing the talk. The reason the other bill was vetoed was because it actually did have some teeth to it.

Here's the text of HJR 1003, which was passed by both chambers then vetoed by Brad Henry:

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 2009, the states are demonstrably treated as agents of the federal government; and

WHEREAS, many federal laws are directly in violation of the Tenth Amendment to 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 usurp; and

WHEREAS, Article IV, Section 4 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 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 1ST SESSION OF THE 52ND 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 all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.

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.


Don't see a big difference in tooth count, myself...

[Johnnybags]

only who gets to set the value for the buying power of your dollar!
As long as you rely on the Federal government to shovel dollars to your state there is no sovereignty. Irk the FEDS and less dollars come and the minions get mad.

[acptulsa]

Yeah--it'll be interesting to see whether we take to refusing to send our money to them when they take to refusing to send it back. Well, it's pretty much designed to force a showdown--and that's exactly why Henry vetoed it.

[silverhawks]

Now I have to ask - are they going to back up the assertion that the Federal government is stepping outside of Constitutional bounds by then repealing un-constitutional laws? For example, taking cues from Montana and stating that federal gun laws no longer apply within the state borders?

[acptulsa]

Now I have to ask - are they going to back up the assertion that the Federal government is stepping outside of Constitutional bounds by then repealing un-constitutional laws? For example, taking cues from Montana and stating that federal gun laws no longer apply within the state borders?

Depends on whether we get Randy Brogdon elected, or if we wind up stuck with Henry or Fallin.

I can tell already I'm gonna be out a lot of shoe leather (well, rubber).

[Elwar]

Here's the text of HJR 1003, which was passed by both chambers then vetoed by Brad Henry:


HJR 1003 was a House Joint Resolution whereas HCR 1028 is a House Concurrent Resolution.

"A concurrent resolution is a legislative proposal that requires the approval of both houses but does not require the signature of the Governor and does not have the force of law."

[acptulsa]

HJR 1003 was a House Joint Resolution whereas HCR 1028 is a House Concurrent Resolution.

"A concurrent resolution is a legislative proposal that requires the approval of both houses but does not require the signature of the Governor and does not have the force of law."

This is true. It isn't what you said before, but it's true nonetheless.

The good news is it passed the House with enough votes to override the veto. If it does the same in the Senate, we'll have some ammunition to use against them in trying to get HJR 1003 passed over the veto.

[tpreitzel]

Keep at it, OK! The people need to bypass the obstructionists one way or another. Hopefully, the Senate will approve their version of HCR 1028 with a veto proof majority for the next round...

[tpreitzel]

Yeah--it'll be interesting to see whether we take to refusing to send our money to them when they take to refusing to send it back. Well, it's pretty much designed to force a showdown--and that's exactly why Henry vetoed it.

Right, this process needs to happen throughout the various states in the union in numerous circumstances, e.g. forcing the federales to confiscate weapons, etc. Actually, such showdowns between the states and the federal government should have occurred long ago on issues unrelated to the 10th amendment, but now is better than never.

[Reason]

YouTube - Charles Key 10th Amendment Sovereignty for Oklahoma on Huckabee (http://www.youtube.com/watch?v=0zK859AFE7s)

[Hurricane Bruiser]

Well it and similar other ones are a great start. I especially like what Montana is doing with nullificatin though.

[haaaylee]

THAT all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.


Wouldn't this therefore repeal all previous federal laws enforced upon Oklahoma (and other states doing this)

That is more than just nice words, no?

[acptulsa]

Next up: We the people will pass our own resolution.

http://www.purpleoakpolitics.com/2009/05/29/declaration-of-oklahoma-sovereignty/