A Return to Original Intent and the Sovereignty of States
It’s time to skin the cat. And there are more than one way to do it.
There has been a lot of talk recently about calling for a Convention of States to restore the freedoms lost by the American people. A big mistake. We would be placing the future of America in the hands of many more politicians whose motives may be questionable.
Oklahoma recently joined Texas in asserting its sovereignty. Texas had already been joined by Montana and Utah. A number of other states are said to have sovereignty legislation pending. They include:. Alabama. Georgia, North and South Carolina, Florida, Mississippi. Arkansas, West Virginia, Kentucky, Louisiana and Missouri.
The rationale and constitutional basis for the assertion of sovereignty is summarized in Texas H.C.R 50 Concurrent Resolution. I am quoting here the introduced bill in its entirety:
6165789 MMS-F By Creighton
WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follow: “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.”
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. tje scope of power defined by the Tenth Amendment means that the federal government was created by the states 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 in direct violation of the Tenth Amendment to the constitution of the United States; and
WHEREAS, the Tenth Amendment assures that we, the people of States, now have, and have always had, rights the federal government may not 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 that states. that,“ The enumeration in the Constitution, of certain rights, shall not be construed t o deny or disparage other retained by the people; and
WHEREAS, The United States Supreme Court has ruled in New York Vs United States, 1122 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, That the 81st Legislature of the State of Texas hereby claim 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 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 require states to pass legislation or lose federal funding be prohibited or repealed; and be it further
RESOLVED, That the Texas 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 and to all members of the Texas delegation to congress with the request that this resolution be officially entered into the Congressional Record as a memorial to the Congress of the United States opf America.
There is considerable support for the re-establishment of sovereignty of states. That states need only aggressively assert that sovereignty. If they do, what are some of the potential opportunities and consequences?
• Federal regulations issued by federal entities which have usurped powers reserved to states become unenforceable.
• Federal legislation which is not within the enumerated powers and is reserved to states becomes null and void and unenforceable.
• State Courts become the final authority on cases involving matters reserved to the states.
• Federal Courts would have no jurisdiction in matters reserved to the states either directly or on an appeal basis.
• Federal taxes and fees not authorized by the constitution or by consent of the states or the people may not be collected.
• Violations of state sovereignty by federal officials, officers or employees would be subject to civil or criminal penalties.
• Supreme court decisions which exceed the authority of original intent of powers reserved to the states or the people will be unenforceable.
To strengthen the restoration of the sovereignty of states, it would be highly desirable to repeal the 17th Amendment and make appointment of senators the responsibility of state legislators once more. The reason senators became elective offices was because many were seen to be dishonest. That is a matter which states can control. At present they tend to represent political parties. instead of the states.
With respect to the Convention of States idea, It has a fatal flaw. Once initiated by the states or by congress there is no control over what changes will be made in the constitution. Those changes will be decided by the delegates to the convention. It is almost certain it would not be a return to the concepts of the original constitution. It would reflect the interests of the delegates. My personal belief is that we need a return to the principles of the constitution as conceived by the Founders. While it is true that conditions have changed, it is also true that human nature and the principles of good government designed to manage it have not changed. I hope you all will join me in encouraging states to assert their sovereignty as guaranteed by the Constitution of the United States.