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Thread: Oklahoma Declares Sovereignty Under 10th Amendment

  1. #1
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    I will be watching with great curiosity to see where this goes. Perhaps if the next POTUS wants to start grabbing guns more states will reassert their sovereignty?

    If this legislation were to remove some of FedGov's "stick" I'm sure some of FedGov's "carrots" would go away to and it would be curious to see the impact that would or would not have on OK's economic and social reality.

    The text of the resolution can be found on this page and selecting #19. Sorry for the goofy link but that is how OK has it set up.

    http://webserver1.lsb.state.ok.us/ts...%5Cdefault.htm

    And here is a link to the OK site showing it passed:

    http://www.okhouse.gov/51LEG/Leg_Vot...e=okh01983.txt

    Text of Resolution 1089:

    THE HOUSE OF REPRESENTATIVES
    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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.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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    rock on!!!

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    Oh **** - didn't we go through this with South Carolina about 147 years ago?

    -ljp

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    Regular Member Thundar's Avatar
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    If this happened in March, why are we just reading about it now?
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    The vote to pass it occurred on 3.13.08.

    The MSM probably isn't covering it as they are all too busy hoping for another picture of Obama in jeans.

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    *

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    Legba wrote:
    Oh **** - didn't we go through this with South Carolina about 147 years ago?

    -ljp
    It actually started with the Nullification Crisis in 1928.The very reason I don't like Andy Jackson.

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    Samuel Adams wrote:
    Legba wrote:
    Oh **** - didn't we go through this with South Carolina about 147 years ago?

    -ljp
    It actually started with the Nullification Crisis in 1928.The very reason I don't like Andy Jackson.
    Just one of the many reasons I refuse to even consider the possibility that he may have been born in SC. This is just more blustering by a state legislature that really doesn't amount to a hill of beans but they think it may buy them some votes.

    It does sound good though.

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    Legba wrote:
    Oh **** - didn't we go through this with South Carolina about 147 years ago?
    :?

    Hopefully the good guys would win this time...

    The only question that remains is: Do I move to Montana or Oklahoma?

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    Montana. OK has too many tornados.

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    Oops. I meant 1828 and not 1928.

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    We are seeing more and more of these types of rumblings from several states. Taken individually they do not amount to much of anything except a "quit touching me, DDDAaaaaadddddd, she won't quit touching me!" However, that citizens on county and state levels are standing up in various ways to the next higher level of gov't and saying "ENOUGH!" is encouraging. Our system did not get broken overnight and it will take quit a while to fix it.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    More pushback from OK. Looks like they saw the danger of NAFTA and eminent domain.

    http://www.tulsabeacon.com/?p=394

    NAFTA bill killed in the Senate
    May 15th, 2008
    Lawmakers voted last week to recall a bill – which would have facilitated construction of a NAFTA super corridor through Oklahoma - from the governor’s desk to revise and clarify the measure.

    “A few people are concerned about potential unintended consequences of this legislation, so we chose to simply recall Senate Bill 1507 and clean up the language,” said state Rep. Joe Dorman, a Rush Springs Democrat who carried the bill in the Oklahoma House of Representatives.


    Senate Bill 1507 dealt with two issues - allowing the Office of State Finance to transfer budget information electronically to the Oklahoma House of Representatives, and amending state law related to Foreign Trade Zones (FTZ) in Oklahoma.

    The FTZ language would have eliminated a cap on the amount of time an FTZ could exist and was included to benefit an FTZ near Norman.

    However, Dorman said some critics feared the FTZ language in the legislation was tied to efforts to create a NAFTA super corridor running from Mexico to Canada that would encourage the use of eminent domain powers to seize property for the proposed superhighway.

    “That was never my intent,” Dorman said. “I’ve had staff attorneys review the legislation and they don’t think there’s much of a problem, but they say the language is a little vague. Obviously, I don’t want to put anything vague into state law that courts could misinterpret. Rather than have a question hanging out there, I decided it was easier to recall the bill and revise it.”

    Foreign Trade Zones provide special benefits to U.S. plants engaged in international trade-related activities, including relief from inverted tariffs, duty exemption on re-exports, duty elimination on waste, scrap, and yield loss, and duty deferral.

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    imperialism2024 wrote:
    Legba wrote:
    Oh **** - didn't we go through this with South Carolina about 147 years ago?
    :?

    Hopefully the good guys would win this time...

    The only question that remains is: Do I move to Montana or Oklahoma?
    No OC in Oklahoma :XHopefully once I move back home we can try to get that changed.

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    I hope more states follow suit. Its time for the states and the people to take back their power. If the states with secessionist movements in place would file similiar resolutions perhaps the message would be better heard.

    "THAT this 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 these constitutionally delegated powers. "

    Bet the GWB loved that smack in the face.



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    Legba wrote:
    Oh **** - didn't we go through this with South Carolina about 147 years ago?

    -ljp
    yup, and now, just like then, we need to remind the FED that they are not the final judge of their own power, we the people are.

    way to go OK, now we need to get this going in more states.

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    Too bad most states no longer have a real militia anymore and are stuck with the federally-controlled national guard units. Only a few states have anything resembling a state defense force, such as Ohio, Tennessee, or Texas. Without a military capable of employing force to preserve the sovereignty of the states, they are subject to the good graces of the federal government.

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    OKLAHOMA YOU'RE OK!!

    Governors that are now voluntarily allowing their state National Guard units to participate in the WOTmust immediately recall their units under their sovereign powers and cease to send any more.

    That will both support the average citizen's umpopularity of the war, gaining citizen support, while providing for actual military protection for that very state. The job for which the Guard was created.

    Basically a big statewide F-You to the Fed.

    I've been predicting10 years. This might move it to7-8.



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    BobCav wrote:
    OKLAHOMA YOU'RE OK!!

    Governors that are now voluntarily allowing their state National Guard units to participate in the WOTmust immediately recall their units under their sovereign powers and cease to send any more.

    That will both support the average citizen's umpopularity of the war, gaining citizen support, while providing for actual military protection for that very state. The job for which the Guard was created.

    Basically a big statewide F-You to the Fed.

    I've been predicting10 years. This might move it to7-8.

    while I applaud the resolution, we all know that it was symbolic in nature. I really don't believe taht ANY state governor has the intestinal fortitude to do something like that, that would actually accomplish something.

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    Agreed, but GOD BLESS OKLAHOMA anyway!

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    BobCav wrote:
    Agreed, but GOD BLESS OKLAHOMA anyway!
    I can agree there. maybe this will provoke other states into similar symbolic gestures. if enough states actually did show their indignation in this way, maybe one of the leading states WOULD actually grow a pair big enough to allow them to do something meaningful.

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    John wrote:
    SNIP Too bad most states no longer have a real militia anymore...
    Oh, that can be fixed pretty quick. Lotsa AR's and AK's in civilian hands.

    The governor would just need to call for a fewdrill sessions. Don't forget there are vast numbers of former military amongst the civilians.

    Oh, jeez. I just pictured VA Gov. Tim Kaine calling for the militia to have drill. Ahahahahahahahaha!

    Oh! Wait a minute. With Gerry Connolly, Chairman of the Fairfax County Board of Supervisorsas Colonel of the Fairfax Fusiliers. Hahahahahahaaa!!

    Somebody get me a tissue. I'm laughing so hard, I've got tears in my eyes.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    even if the states did still have militias, it wouldn't do any good. While most Americans cling to the term "State", mostly due to tradition, if you were to actually look into the definition of the term, you would find that honestly, it doesn't fit:

    state(stt)
    n.
    .....
    11. One of the more or less internally autonomous territorial and political units composing a federation under a sovereign government

    (emphasis added by me)


    originally, States were reffered to as such, due to the amount of autonomy each State possessed. that individual autonomy, colloquially known as "State's rights" has been eroded over the past 2 centuries to teh point that each one is no longer an individual, sovereign State ( as was intended) but rather nothing more than a geographical subdivision of the whole. There is a definition for that as well:
    prov·ince(prvns)
    n.
    1. A territory governed as an administrative or political unit of a country or empire.

    I'll stop there before I make myself really unpopular by diving into the citizen/subject debate....

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    unreconstructed1 wrote:
    SNIP...the term "State"... if you were to actually look into the definition of the term, you would find that honestly, it doesn't fit:

    state (stt)
    n.
    .....
    11. One of the more or less internally autonomous territorial and political units composing a federation under a sovereign government

    (emphasis added by me)


    originally, States were reffered to as such, due to the amount of autonomy each State possessed. that individual autonomy, colloquially known as "State's rights" has been eroded over the past 2 centuries to teh point that each one is no longer an individual, sovereign State ( as was intended) but rather nothing more than a geographical subdivision of the whole. There is a definition for that as well:
    prov·ince (prvns)
    n.
    1. A territory governed as an administrative or political unit of a country or empire.
    Oh ho ho ho ho!

    Well done. Very well done.

    Thank you, thank you, thank you.

    I know just how to goad legislators and the executive branch.

    "Um...Senator. As a member of the provinciallegislature, what will you be doing to comply with the central government's edicts on RealID?"
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Will this Resolution amount to nothing? Probably- but it is step in the right direction.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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