Oklahoma tells the Feds to take a hike re 10th Amendmen

[Guest nraforlife]

Date: Sunday, June 15, 2008, 4:33 PM

STATE OF OKLAHOMA

2nd Session of the 51st Legislature (2008)

HOUSE JOINT

RESOLUTION 1089 By: Key

AS INTRODUCED

A Joint Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; and directing distribution.

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 2008, the states are demonstrably treated as agents of the federal government; and WHEREAS, many 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, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 51ST 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 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.

[The Rabbi]

Geez, the ultimate in feel-good legislation.

You can tell someone's up for re-election.

[towerclimber37]

It may be "feel good" legislation as you put it, but it's right on the money!!!

I'm willing to bet that if the federal government stopped getting any taxes from that state they'd either go to "put down a tax rebellion" or they'd stfu and stay out of that states' business.

[The Rabbi]

It may be "feel good" legislation as you put it, but it's right on the money!!!

I'm willing to bet that if the federal government stopped getting any taxes from that state they'd either go to "put down a tax rebellion" or they'd stfu and stay out of that states' business.

It's precisely NOT right on the money. The money is the issue. OK gets tons of money from the Feds, and that is the leverage the Federal gov't has to do what they want. So no policies will change in OK as a result of this legislation. It is solely designed so some voting bubba can sit in his recliner, sip his PBR and during the commercial breaks in the NASCAR race belch and say "yeah, buddy, them's my buds in the state government."

[towerclimber37]

It's precisely NOT right on the money. The money is the issue. OK gets tons of money from the Feds, and that is the leverage the Federal gov't has to do what they want. So no policies will change in OK as a result of this legislation. It is solely designed so some voting bubba can sit in his recliner, sip his PBR and during the commercial breaks in the NASCAR race belch and say "yeah, buddy, them's my buds in the state government."

yes yes, they get tons of money from the Federal government...suppose they do away with federal income tax in that state until the federal government complies with the 10th amendment? suppose they use the federal governments money to offset the deficit that would be caused by the federal government putting the squeeze on that state to comply.folks are discontented with the policies of the federal government, the porkbarrel spending and the weak leadership in BOTH the house and the senate from both democrats and republicans. I expect to see more of this in the future from other states.

[Im Neero]

They can't stop paying taxes, not under the constitution at least. Read Article I Section 8.

Is this a response to any particular legislation, or just general rhetoric?

[Guest grimel]

They can't stop paying taxes, not under the constitution at least. Read Article I Section 8.

Is this a response to any particular legislation, or just general rhetoric?

Pick anything related to education, social programs, envirowackiness, ...

As for taxes, breach of contract. The US Government is violating it's contract WRT the 10th Amendment (not to mention illegal aliens & the border), thus, the states shouldn't have to pay for services not received.

Edited June 17, 2008 by grimel
fingers faster than my brain

[Guest slothful1]

It is solely designed so some voting bubba can sit in his recliner, sip his PBR and during the commercial breaks in the NASCAR race belch and say "yeah, buddy, them's my buds in the state government."

This is not the demographic I picture getting excited about the 10th Amendment.

[TripleDigitRide]

This is noting more than posturing by the State of Oklahoma. They are not the first to attempt such a venture, and they will not be the first to fail.

The only way anything like this could ever possibly work, would be for a very large percentage (if not all) of the states to band together. I'm still unsure if that would work.

[The Rabbi]

The only state I remember defying the feds was Montana and the 55mph. That was the national speed limit only because the feds said they would withhold highway funds from states that didnt comply (same with 21 drinking age).

Montana didnt get much money so it wasnt such an issue. After they did that the feds repealed 55mph.

[Guest Abominable_Hillbilly]

yes yes, they get tons of money from the Federal government...suppose they do away with federal income tax in that state until the federal government complies with the 10th amendment? suppose they use the federal governments money to offset the deficit that would be caused by the federal government putting the squeeze on that state to comply.folks are discontented with the policies of the federal government, the porkbarrel spending and the weak leadership in BOTH the house and the senate from both democrats and republicans. I expect to see more of this in the future from other states.

I agree with you, but I'm not holding out much hope.

[TripleDigitRide]

Actually, over 20 states have at least attempted using the 10th Amendment. Some have won, and some have lost.

The federal government was attempting to mandate that the State of New York accept radioactive waste for disposal. This case was won by the State of New York.

Most states who've won were fighting the Federal Government regarding a matter which effected a single state. That's a far cry from beating the Federal Government in a case where they [Fed. Gov.] are attempting to pass laws that will cover the entire country.

[Guest grimel]

Actually, over 20 states have at least attempted using the 10th Amendment. Some have won, and some have lost.

The federal government was attempting to mandate that the State of New York accept radioactive waste for disposal. This case was won by the State of New York.

Most states who've won were fighting the Federal Government regarding a matter which effected a single state. That's a far cry from beating the Federal Government in a case where they [Fed. Gov.] are attempting to pass laws that will cover the entire country.

Just where the states fighting the feds? Passing laws that cover the entire country don't automagically become exempt from the 10th Amendment.

[TripleDigitRide]

Just where the states fighting the feds? Passing laws that cover the entire country don't automagically become exempt from the 10th Amendment.

No, they dont. But, I think you're underestimating the sneaky-weasle power of our Federal Government. They can usually somehow manage to amaze most of us with some of their law passing tactics.

[towerclimber37]

I agree with the weasel factor..thats why I think that the states should hold the federal nuts in a vise. when the tail starts wagging the dog (and this has been going on for awhile) then the dog starts going backwards...