Ohio Joins State Sovereignty Movement

[ChromeFoundry]

As Introduced

128th General Assembly
Regular Session
2009-2010

H.C.R. No. 11

A CONCURRENT RESOLUTION
To claim sovereignty over certain powers pursuant to the Tenth Amendment to the Constitution of the United States of America, to serve notice to the federal government to cease and desist certain mandates, and to insist that certain federal legislation be prohibited or repealed.


BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO
(THE SENATE CONCURRING):

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 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 demonstrably treated as agents of the federal government; and

WHEREAS, Many federal laws directly violate the Tenth Amendment to the Constitution of the United States; 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; 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 Constitution of the United States; now therefore be it

RESOLVED, That the State of Ohio 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; and be it further

RESOLVED, That this resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, 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 House of Representatives 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 other state's legislature, and each member the Ohio Congressional delegation.

http://www.legislature.state.oh.us/res.cfm?ID=128_HCR_11

[dsc]

1. had to try to respond

[OhioChick]

2. How many states is that now? n/t

[elifino]

3. Results of a google search for STATE SOVEREIGNTY MOVEMENT

LINK http://www.tenthamendmentcenter.com/2009/02/06/state-sovereignty-movement-growing/

Although Fox News and CNN are not telling you about it, a growing number of states are declaring sovereignty. Washington, New Hampshire, Arizona, Montana, Michigan, Missouri, Oklahoma, California, and Georgia have all introduced bills and resolutions declaring sovereignty under the Tenth Amendment. Colorado, Hawaii, Pennsylvania, Arkansas, Idaho, Indiana, Alaska, Kansas, Alabama, Nevada, Maine, and Illinois are considering such measures.

I have mixed feelings about this. I do think some things could be handled better at the state level, some that affect health, safety, and civil rights should remain in the federal area of responsibility.

elifino

[NavyDavy]

4. I am glad I left my home state 11 years ago for New Mexico

[opihimoimoi]

5. Bushies Legacy??? The UNITER 's result..... is a CIVIL WAR? so much for the UNITING EFFORT

Bush has Fucked America for HIS GAIN

He has lost Credibility, Respect, the Dollar, the Economy, the Treasury, mucho lives, etc.....

This is insane....

[Blue_Tires]

6. the Ohio that's fucking broke? the Ohio which is borrowing fed money to cover their unemployment

insurance, which was depleted? The Ohio with Joe-the-nonunion-unlicensed-apprentice as its working-class icon? You mean THAT Ohio??

[OhioChick]

7. See Post # 3.....Looks like Ohio is a little late to the party. n/t

[WeDidIt]

8. Not ONE SINGLE STATE has declared sovereignty

The bills have been introduced. Not a one has been passed yet.

[Juche]

9. How did republicans get so radical

What does Obama support that is so offensive? Universal healthcare, ending Iraq, alternative energy, progressive taxes. These issues have support of 60-80% of the public.

[Johnyawl]

10. grandstanding bullshit...

...The bill that was introduced in the Washington State House of Representatives (by 6 wacko repugs), had no corresponding bill in the Senate (which it would need to become law), was referred to committee (SOP), where it died from being ignored.

I would be willing to bet that's pretty much the case in every state they claim is supporting this crap.

[WeDidIt]

11. Might make through in Oklahoma

But then again, that's Oklahoma.

Oklahoma's economy would last about three seconds if they ever seceded.