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Oklahoma Claiming sovereignty under Tenth Amendment to the United States Constitution

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Oklahoma Claiming sovereignty under Tenth Amendment to the United States Constitution

Old 06-15-08, 08:57 PM
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Oklahoma Claiming sovereignty under Tenth Amendment to the United States Constitution

this should be interesting
http://www.okhouse.gov/51LEG/Leg_Vot...e=okh01983.txt

http://64.233.169.104/search?q=cache...ient=firefox-a
Wednesday, March 5, 2008
Committee Substitute for
House Joint
Resolution No. 1089

COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 1089 - By: KEY AND DORMAN of the House.

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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.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 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 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 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.

COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03-04-08 - DO PASS, As Amended and Coauthored.
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Old 06-15-08, 09:16 PM
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I didn't realize bingo was that important to the tribes.
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Old 06-15-08, 11:20 PM
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What the hell was the lead-up to this?
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Old 06-15-08, 11:30 PM
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Quick! Let's make Puerto Rico a state so we don't have to change all the flags!
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Old 06-15-08, 11:37 PM
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I'd like to know what this is all about, too.

What was the issue that prompted this action - and has it been (or is it likely to be) signed by the Governor?
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Old 06-15-08, 11:39 PM
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This isn't the same as secession. The Oklahoma legislature is declaring its intent to not abide by federal laws that it feels violate its rights, as laid out in the Constitution.

Oklahomans still have to pay federal income tax as laid out in the 16th amendment.

Perhaps if states hadn't made the incredibly stupid decision to pass the 17th amendment, they wouldn't be in this situation to begin with. They might have been able to provide a check on how much the federal government could demand in income tax, not pass resolutions they felt violated their rights, etc.

Last edited by Breakfast with Girls; 06-15-08 at 11:45 PM. Reason: I can't spell.
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Old 06-15-08, 11:53 PM
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Man, this really brought all the crazies out on Digg.

http://digg.com/politics/Oklahoma_de...gnty_MUST_READ

I smell a Second American Civil War brewing. But this one shall save the nation, and it begins with the people (like us)
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Old 06-16-08, 12:05 AM
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Does this mean I'll need to dial extra digits every time I call c-man?
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Old 06-16-08, 03:05 AM
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Originally Posted by Bronkster
Quick! Let's make Puerto Rico a state so we don't have to change all the flags!
Sorry. Mexico beat you on that idea.
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Old 06-16-08, 07:18 AM
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Originally Posted by Breakfast with Girls
Man, this really brought all the crazies out on Digg.

http://digg.com/politics/Oklahoma_de...gnty_MUST_READ
I especially liked this one:
Originally Posted by Some internet moran
The 10th Amendment may be the most important one outside of the Bill of Rights, and it is worth defending.
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Old 06-16-08, 07:29 AM
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Yeah good luck with that, Oklahoma. Maybe if you had spoken up about 75 years ago, this stunt might have actually meant something.
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Old 06-16-08, 07:34 AM
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we'll nip this in the bud

take away all federal money including road funds and we'll see how long this lasts. people always love to claim freedom until they have to pay for it
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Old 06-16-08, 07:53 AM
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Originally Posted by al_bundy
we'll nip this in the bud

take away all federal money including road funds and we'll see how long this lasts. people always love to claim freedom until they have to pay for it
We don't need to take away federal money. Oklahoma has already outlawed it:

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.
So are the checks being returned to Washington?
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Old 06-16-08, 08:23 AM
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Nice! Now we need other states to follow Oklahoma's example!
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Old 06-16-08, 08:31 AM
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The tribes in OK have paid for a number of public projects - including roads & bridges.
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Old 06-16-08, 08:33 AM
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Sounds like my hubby needs to find a job in Oklahoma! It's not too far from Indiana, my family can still come visit!
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Old 06-16-08, 08:43 AM
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This was passed in March. No civil war yet
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Old 06-16-08, 09:08 AM
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75 years ago was too late.

Maybe 1859 or thereabouts.

I forgot - somebody did speak up then.
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Old 06-16-08, 09:14 AM
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Originally Posted by Bronkster
Quick! Let's make Puerto Rico a state so we don't have to change all the flags!
As Grandpa Simpson once said:

"I'll be deep in the cold, cold ground before I recognize Missourah!"
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Old 06-16-08, 09:15 AM
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Originally Posted by Lateralus
Nice! Now we need other states to follow Oklahoma's example!
New state motto:

"Welcome to New Washington (formerly Oklahoma)"
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Old 06-16-08, 09:32 AM
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Originally Posted by Breakfast with Girls
Perhaps if states hadn't made the incredibly stupid decision to pass the 17th amendment, they wouldn't be in this situation to begin with. They might have been able to provide a check on how much the federal government could demand in income tax, not pass resolutions they felt violated their rights, etc.
Okay, I'm pretty much up to speed on matters Constitutional, but I don't follow how the 17th Amdnement serves to dilute state's autonomy from the 10th. Can you please elaborate?
Originally Posted by US Constitution, Amendment XVII
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
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Old 06-16-08, 09:34 AM
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Because the minute that amendment was ratified, Senators no longer served state interests; they served constituent interests, and there already was a House for that.
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Old 06-16-08, 10:10 AM
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I smell a Second American Civil War brewing. But this one shall save the nation, and it begins with the people (like us)
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Old 06-16-08, 10:25 AM
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What if this second american civil war coincides with the race war when obama loses? will Oklahomans unite to fight or be divided racially as well? Who will Brad Pitt fight for?
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Old 06-16-08, 11:04 AM
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Originally Posted by Thor Simpson
What if this second american civil war coincides with the race war when obama loses? will Oklahomans unite to fight or be divided racially as well? Who will Brad Pitt fight for?
In the end Brad Pitt fights a bear...
Spoiler:
and loses.
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