2 new bills in TN.

[Guest 2HOW]

HJR0104

by Campfield General Assembly, Statement of Intent or Position - Affirms Tennessee's sovereignty under the tenth amendment to the United States Constitution.

HJR0108

by Lynn Memorials, Congress - Urges Congress to recognize Tennessee's sovereignty under the tenth amendment to the Constitution.

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HJ...

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HJ...

[E4 No More]

Those links aren't useful because there's no summary.

[Guest 2HOW]

Bills are too new, type bill # for info.

[Guest frankcostanza]

Try these links:

http://www.capitol.tn.gov/Bills/106/Bill/HJR0104.pdf

http://www.capitol.tn.gov/Bills/106/Bill/HJR0108.pdf

[Fallguy]

There is not a summary, but if you click Resolution number...you can read the actualy wording.

See HJR0104 & HJR0108

[Fallguy]

Try these links:

http://www.capitol.tn.gov/Bills/106/Bill/HJR0104.pdf

http://www.capitol.tn.gov/Bills/106/Bill/HJR0108.pdf

Good job Freshman...

[Guest jackdog]

Have no idea where these bills will go, but I'm happy that someone inthe state house is making an attempt to curb the federal government via the tenth amendment.

[Ridgerunner665]

104...

HOUSE JOINT RESOLUTION 104

By Campfield

A RESOLUTION relative to the sovereignty of the State of

Tennessee.

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 each sovereign state possesses rights

the federal government may not usurp; and

WHEREAS, Article IV, Section 4 states, "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

- 2 - 00357964

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 ONE HUNDRED

SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE

CONCURRING, that we hereby affirm the sovereignty of the State of Tennessee 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.

BE IT FURTHER RESOLVED, that mandates that are beyond the scope of these

constitutionally delegated powers and 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 should be prohibited or repealed.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to

the President and the Secretary of the United States Senate, the Speaker and the Clerk of the

United States House of Representatives, and to each member of Tennessee's Congressional

delegation.

108...

HOUSE JOINT RESOLUTION 108

By Lynn

A RESOLUTION to affirm Tennessee's sovereignty under the

Tenth Amendment to the Constitution of the

United States and to demand the federal

government halt its practice of assuming powers

and of imposing mandates upon the states for

purposes not enumerated by the Constitution of

the United States.

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 powers assumed by the federal government and 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,

- 2 - 00394664

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED

SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE

CONCURRING, that we hereby affirm Tennessee's 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. We also demand the federal

government to halt and reverse its practice of assuming powers and of imposing mandates

upon the states for purposes not enumerated by the Constitution of the United States.

BE IT FURTHER RESOLVED, that a committee of conference and correspondence be

appointed by the Speaker of the House and of the Senate, which shall have as its charge to

communicate the preceding resolution to the legislatures of the several states, to assure them

that this State continues in the same esteem of their friendship and to call for a joint working

group between the states to enumerate the abuses of authority by the federal government and

to seek repeal of the assumption of powers and the imposed mandates.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to

the President of the United States, the President of the United States Senate, the Speaker and

the Clerk of the United States House of Representatives, and to each member of Tennessee's

Congressional delegation.

[TGO David]

I'm finding that many of the people who are rallying together under the 10th Amendment aren't very good students of history. Do any of you realize why the 10th Amendment was put into place and what else was going on in our country at that time?

It's rather insightful. And it's pretty clear that this recent push to rally together beneath it is taking the whole thing out of context.

But don't let that stop you guys.

[Guest jackdog]

Well this is the reason for the 10th amendment.

10th Amendment

"The States should be left to do whatever they can do as well as the federal government"

Thomas Jefferson

"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."

One of the most contentious points in the formation of a Federal government came from the individual states. The states didn't want to lose the ability to make regional decisions nor to be subject to an overriding power from a distant national capital. The Tenth Amendment was written to reassure the states that they would remain largely in charge within their own borders. Until the mid-19th century, the Tenth Amendment was often cited by state governments to prevent Federal regulation of everything from taxation to interstate commerce. Since 1837, however, various rulings have mitigated the straightforward meaning of the Tenth Amendment, and such matters as a Federal income tax were subsequently upheld in the courts.

The primary objective was to put chains on the federal government. to help insure that there role would be extremely limited. With out the 10 th amendment it is doubtful that the constitution would have been ratified by the several states

[Guest jackdog]

The Constitution applies to the federal government. Its sole purpose was to spell out what the government can do.

The key principle of the Constitution is quite simple: positive grant. Unfortunately, this is not a phrase that many of us hear in daily banter these days. But, it's not a complicated principle at all.

What it means is this - the US federal government is authorized to exercise only those powers which are specifically given to it in the Constitution. Nothing more, and nothing less.

Period. End of story.

The founders felt so strongly about this principle that they codified it in law as the Tenth Amendment:

"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."

Just a casual review of the activities of the federal government would make clear that there's very little that it does which is actually authorized by the Constitution.

For many, many years, we've allowed our politicians to interpret and bend the rules of the Constitution; ostensibly for good reasons. But, we have to face reality. When you allow politicians to do this over long periods, eventually you end up with leaders who feel that the law doesn't apply at all.

Sounds familiar, doesn't it?

If we are to have a free society for the future, we must reign in this out-of-control federal government, and return to our Constitution; with a special emphasis on the limitations imposed on government by the Tenth Amendment.

[Guest jackdog]

I'm finding that many of the people who are rallying together under the 10th Amendment aren't very good students of history. Do any of you realize why the 10th Amendment was put into place and what else was going on in our country at that time?

It's rather insightful. And it's pretty clear that this recent push to rally together beneath it is taking the whole thing out of context.

But don't let that stop you guys.

The only possible thing I can think of that you could be referring to is the use of slaves by some of the proposed states.

But at this point I can only guess at your thoughts. But I certainly would like to hear them.

[Ridgerunner665]

At the risk of getting myself in trouble...(something that commonly follows speaking your mind)

Tungsten, would you rather we let the Fed run everything?

This is NOT about anarchy or overthrowing the government...its about making it clear to the federal government what power they have and what power they do not have.

Right now they (the fed government) are operating under the premise that they have ALL the power...which is not true. The Civil War was not fought over slavery...it was fought over States Rights (though, at the time slavery was one of them) and nobody wants slavery anymore...but we DO want our rights and state governments are the only thing standing up for them right now.

These two bills are simply the legal means of reminding the federal government of that.

If he bans me for that...it was nice knowing you guys.

Edited February 21, 2009 by Ridgerunner665

[Guest jackdog]

At the writing of the 10th amendment the slavery question was being debated. Certainly states that had slavery at that time were concerned about a federal government possibly removing that right. But the overriding reason for the tenth amendment was limited federal government. Tungsten if your asserting that the 10 amendment was written because of slavery only, I would suggest that you read the federalist papers.

If by the term at that time you are referring to the period of the civil war then yes the southern states were invoking states right over the slavery issue.

[Guest jackdog]

At the risk of getting myself in trouble...(something that commonly follows speaking your mind)

Tungsten, would you rather we let the Fed run everything?

This is NOT about anarchy or overthrowing the government...its about making it clear to the federal government what power they have and what power they do not have.

Right now they (the fed government) are operating under the premise that they have ALL the power...which is not true. The Civil War was not fought over slavery...it was fought over States Rights (though, at the time slavery was one of them) and nobody wants slavery anymore...but we DO want our rights and state governments are the only thing standing up for them right now.

These to bills are simply the legal means of reminding the federal government of that.

If he bans me for that...it was nice knowing you guys.

I always thought the purpose of this forum was over open debate over issues posted. I really can't think of a time when a member was booted over speaking his or her mind. Tungsten is the admin of the forum he can run it how he sees fit. We are members here, if we feel that the forum is becoming oppressive or what ever we can simply leave.

[Ridgerunner665]

jackdog,

Excellent posts every one...right on the money. The Federal government has a place and a purpose but as is so often the case when you give somebody some power...they want more and more power.

Its the nature of man...(the weak minded ones anyway)

Slavery is gone and I'm glad it is...but now we have to fight the good fight for our other rights before it is too late...and when state governments start recognizing the fact that our rights are being eroded you can bet your bottom dollar that its time to speak up about it...therein lies OUR power, the power of WE THE PEOPLE of the United States of America...

If we fail to use that power then we just give it all away...we can avoid the real fight by simply flexing our muscles now (our muscles being...support for the good guys in state government)

[Guest jackdog]

I think a lot of the problem in the past was that States receive a kick back on our tax dollars. I believe that TN receives 1.24 for every income tax dollar given to the fed.

The states have let the feds take over because of this.

[Guest bkelm18]

I'm finding that many of the people who are rallying together under the 10th Amendment aren't very good students of history. Do any of you realize why the 10th Amendment was put into place and what else was going on in our country at that time?

It's rather insightful. And it's pretty clear that this recent push to rally together beneath it is taking the whole thing out of context.

But don't let that stop you guys.

Boy I sure am glad that you are so much more enlightened than us mere mortals. You should write letters to all the senators and congressmen backing these legislations and tell them what a grave mistake they are making and what they should be doing instead.

[Guest justme]

I am glad that Tennessee chose to join the fight and assert our state rights under the Constitution--it didn't go as far as the New Hampshire bill, but maybe that one can come later.

[Guest justme]

jackdog,

Excellent posts every one...right on the money. The Federal government has a place and a purpose but as is so often the case when you give somebody some power...they want more and more power.

Its the nature of man...(the weak minded ones anyway)

Slavery is gone and I'm glad it is...but now we have to fight the good fight for our other rights before it is too late...and when state governments start recognizing the fact that our rights are being eroded you can bet your bottom dollar that its time to speak up about it...therein lies OUR power, the power of WE THE PEOPLE of the United States of America...

If we fail to use that power then we just give it all away...we can avoid the real fight by simply flexing our muscles now (our muscles being...support for the good guys in state government)

The original purpose of the federal government was a limited function. Their original function was to provide for the common defense by raising a standing army to confront invaders, and to levy war. The roles that have since taken on are purely unConstitutional.

[Guest TN.Frank]

IT all went to hell after the War of Northern Aggression when the Feds learned that they CAN push the States around and get by with it. The Federal gov. was designed to deal with Foreign governments, not State issues. Those are to be left to the indevidual States. Right now Medical Marijuana has passed in several States, it's what the People of those States want but the Feds are blocking it. That's just flat out WRONG for the Feds to tell the States what they can and can't do. It's time for States to take back their sovernity and stand up on their own two feet and tell the Feds to go to hell from whence they came.

[Guest justme]

At the risk of getting myself in trouble...(something that commonly follows speaking your mind)

Tungsten, would you rather we let the Fed run everything?

This is NOT about anarchy or overthrowing the government...its about making it clear to the federal government what power they have and what power they do not have.

Right now they (the fed government) are operating under the premise that they have ALL the power...which is not true. The Civil War was not fought over slavery...it was fought over States Rights (though, at the time slavery was one of them) and nobody wants slavery anymore...but we DO want our rights and state governments are the only thing standing up for them right now.

These two bills are simply the legal means of reminding the federal government of that.

If he bans me for that...it was nice knowing you guys.

While technically this is true that the War of northern aggression was fought over states rights, it is also true that the primary motivator of the war was not slavery, but rather a combination of states rights as well as cotton, because the south was selling cotton to the English at a higher cost that the north could pay for it and the north did not like it at all. Slavery was not even an issue until after I think the battle of Antietam. Even the Emancipation Proclamation that everyone hails as such a great document was not done to free the slaves--it was done to undermine the south in hopes that the slaves in the south would revolt and join the war against the south. Further, the Emancipation Proclamation did not free all of the slaves--it freed only those slaves in the rebellion states--Union states were NOT affected by the proclamation--and yes, there were slaves being held in the north, just like in the south. It was a tactical military decision first and last, and yet history regards Lincoln as some great liberator...and yet he wasn't. Now, was slavery immoral--absolutely.

As for the rights of the states--the Union does have far too much power and a great many of their laws are unConstitutional. I am all for the states asserting their rights and the rights of the people.

[NuTcAsE]

The Constitution is a contract between the States, and it gives powers to the Federal Government, right? Now, with these Ninth and Tenth Amendment bills being proposed declaring individual state sovereignty. Could or would this cause the union of the states to break apart, kinda like what we have seen in Russia?

Then what?

[Guest TN.Frank]

The Constitution doesn't give the Fed gov. any power. It limites the Fed gov's power. We the People have the power and the Constitution and the Bill of Rights insure that the Fed. gov. won't be able to take that power away.

[Ridgerunner665]

Putting the Fed's in their place is not "dismantling" the United States....its getting it back to what it was meant to be.

Its not the states turning on each other...its the states turning on the Fed's.

Meaning...the states are (and will be) UNITED.

How did so many people come to believe that the United States existed solely because the Federal government said it could...its the other way around people, the Federal government exists solely because The People of the United States said it could...and its job was clearly stated to be "FOREIGN AFFAIRS". (not domestic tyranny)