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Thread: New Hampshire Secession in Currently in State Legislature

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    Very interesting. If I am reading this correctly the federal government would be in violation the moment this legislation passed. A few pertinent excerpts.

    http://www.gencourt.state.nh.us/legi...9/HCR0006.html

    <snip>

    A RESOLUTION affirming States’ rights based on Jeffersonian principles.

    Whereas the Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled; and

    Whereas the Constitution of the State of New Hampshire, Part 2, Article 1 declares that the people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or State, by the name of The State of New Hampshire; and

    Whereas the State of New Hampshire when ratifying the Constitution for the United States of America recommended as a change, “First That it be Explicitly declared that all Powers not expressly & particularly Delegated by the aforesaid are reserved to the several States to be, by them Exercised;” and

    <snip>

    <snip>

    That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:

    I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.

    II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.

    III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.

    IV. Surrendering any power delegated or not delegated to any corporation or foreign government.

    V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.

    VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and :celebrate


    <snip>

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    Where do you read it as immediately in violation? Your bold part clearly states "Further", as in they accept the limitations and restrictions currently in place. The Feds would not be in violation until further restrictions are attempted, but not immediately.

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    "Acts which would cause such a nullification include, but are not limited to:"


    But not limited to..... This is an important. That to me means if the feds do anything other than allowed by the constitution it would nullify the agreement.

    The problem is that it probably won't be signed by the socialist governor. And it would never be enforced if it was.

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    Arizona had a similar resolution back in 04

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    Regular Member Sonora Rebel's Avatar
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    Arizona just launched another one... The Neo-Confederacy is growing!

    REFERENCE TITLE: sovereignty; tenth amendment.












    State of Arizona

    House of Representatives

    Forty-ninth Legislature

    First Regular Session

    2009









    [size=HCR 2024]












    Introduced by




    Representatives Burges, Ash, Biggs, Boone, Gowan, Mason, MonteAfrican American, Pancrazi, Seel, Williams: Barto, Campbell CL, Court, Crandall, Crump, Driggs, Fleming, Goodale, Hendrix, Kavanagh, Lesko, McComish, McGuire, Miranda B, Murphy, Nichols, Pratt, Quelland, Stevens, Tobin, Weiers JP, Senator Harper










    A concurrent 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 providing that certain federal legislation be prohibited or repealed.





    (TEXT OF BILL BEGINS ON NEXT PAGE)




    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 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, United States Constitution, says in part, "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.

    Therefore

    Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring, that:

    1. That the State of Arizona 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.

    2.That this Resolution 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.

    3.That all compulsory federal legislation that 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.

    4.That the Secretary of State of the State of Arizona transmit copies of this resolution 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 and each Member of Congress from the State of Arizona.


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    It's getting very... interesting out Can't wait to see how this turns out :celebrate

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    Five States... at once? I do believe there are those in Legislature(s) attempting to pre-empt PrezBO'sMarxist design to ursurp the Constitution by 'Imperial Decree'. This is only the beginning. Interesting... the media won't touch it... yet.

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    These state actions are great news.

    However, my enthusiasm is a little muted by knowing in the back of my mind that our state legislatures are controlled by members of the same two political parties that control the congress.

    I'm not sure that trading one set of bandits for another is all that great.

    Kinda like being a shopkeeper inNew York Cityand watching two crime bosses arguing over who gets toextort protection money fromyou.

    About the only benefit I see is that it might be a little easier to control the state legislature at election time--maybe.
    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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    Regular Member Sonora Rebel's Avatar
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    Citizen wrote:
    These state actions are great news.

    About the only benefit I see is that it might be a little easier to control the state legislature at election time--maybe.
    I think you'd better actually read the texts 'n not 'skim'. The benefit is asserting States rights over encroaching Federal 'Imperialism'. The benefit is limiting the power of the Federal Government to that which it is supposed to do. The benefit is adherence to the Constitution as written.



    I predict: AK, KY, TX, WY, MT and possibly UT will follow shortly.

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    Sonora Rebel wrote:
    Citizen wrote:
    These state actions are great news.

    About the only benefit I see is that it might be a little easier to control the state legislature at election time--maybe.
    I think you'd better actually read the texts 'n not 'skim'. The benefit is asserting States rights over encroaching Federal 'Imperialism'. The benefit is limiting the power of the Federal Government to that which it is supposed to do. The benefit is adherence to the Constitution as written.

    I predict: AK, KY, TX, WY, MT and possibly UT will follow shortly.
    I agree that such would be a good thing. But its undermined somewhat. The bandits in the state governments could/would afflict us just as badly. Remember, the fed parasites seem to usually start their careers in state and local government.

    Now, if the states suddenly started scrupulously applying the ideals in the Bill of Rights and Declaration of Independence, too, we'd be in good shape.

    Alas, I fear they won't. If they havebad ideas at the federal level, they got them before they got there from the state and local level.
    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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    True Citizen, but at the state level, they are a bit more accountable to the voters than the Federal positions. From that high up, we are mere numbers and peons. At the state level, we wield a bit more influence.

    At the very least, it's a start.

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    State level?? Here in Virginia they are on the verge of passing yet another ridiculous prohibition of smoking IN BARS. It has been watered down quite a bit, frinstance establishments or parts of establishments limited to persons over 21 are exempt (so at least adults are treated like adults)

    I probably should explain here that strictly speaking ALL alcohol-serving public establishments in Virginia are by law "restaurants" and are required to derive a certain percentage of proceeds from the sale of food. My fave dive, O'Shaughnessey's, has their lounge/bar UPSTAIRS where younhave to be 21 anyways, so that one's safe. For now.

    Point is that our freedoms are qute easily effed uo at the State level, TYVM. I have long advocated a mandatory Constitutional Compliance Review of every statute, program, and regulation . These State efforts COULD result in just that.

    I am not, however, holding my breath waiting ....

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    This 'No Smokin'' stuff has been implemented all over.... Enacted here last year to the detriment of many businesses. It was the result of a deliberately obfuscated referendum 'vote'. I had to read the thing twice to understand which wayI was voting. 'Wasn't a simple 'yes or no'. It may go back to another vote sometime... now that Nappy is GONE (Thank GOD). Too much Kommiefornia influence. Then again... that may well have been tied to 'Federal dollars' for somethin' or other.

    Similarly the involuntary servitude of socialist'community service' hours required for HS graduation 'credits'. Some of that crapeven violates child labor laws. That's tied directly to Federal funds for 'education'.



    For five states to entertain such legislation at once indicates something's afoot. The media won't touch this (yet). Not even talk radio (yet). I'm gonna do what I can from this end to disseminate such.

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    NavyLT wrote:
    It's actually at least nine states with proposed legislation. There is a list on another gun board somewhere. And it is not Secession, that would mean withdrawing from the United States and forming a separate and independent government. It is a declaration of sovereignty in mattersthe Federal government is not constitutionally allowed togovern.
    Could you provide the other states?

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    "Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death !" Patrick Henry

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    California is a surprise! (So's yer 'stars 'n bars' avitar... from Michigan?)



    Thanks!

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    MI-copperhead wrote: The California resolution on sovereignty will be as good as overturned when the current legislature says to Congress, "We'll drop our pants, bend over, and take whatever you deem we deserve, just PLEEEEAAASSSE, send us some bailout money!"

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    Regular Member Sonora Rebel's Avatar
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    No grease 'n no reach-arounds either! California did this to itself... and those of you who still live there know why... I should think.

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    I'm glad to see that some states are finally waking up to the fed's gradual erosion of the rights of states and their citizens.

    I'm sad to see that Texas isn't on this list, so I've written my district senator and representative. If the constitution means anything to you, I encourage you to do the same.

    Here's hoping this passes in several of those states, if not mine.

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    Sonora Rebel wrote:
    No grease 'n no reach-arounds either! California did this to itself... and those of you who still live there know why... I should think.

    So far as I can figure, it looks like California actually started all this :shock:

    The California resolution was passed by the Senate on Aug 15, 1994 with 22 Ayes& 9Noes. Then by the Assembly on Aug 23, 1994 with 54 Ayes & 12 Noes.

    Finally published on Aug. 29, 1994 - its unclear to me if the Secretary of the Senate transmitted all the copies as in structed in the resolution.

    See, not EVERYTHING from Cali is bad!!!! :P


    -----

    http://www.leginfo.ca.gov/pub/93-94/...4_bill_history

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    Hopefully Kansas will jump in too. We're very independently minded and like our soveigrenty.
    Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Thomas Jefferson

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    Id like to see Florida and South Carolina on the list.

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    I have to wonder if VA will do something similar.

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    Go Texas!!!


    Texans, call your reps and ask them to support this!







    Dear Mr. xxxxx,

    Thank you for the e-mail. Rep. Riddle told me last week that Rep. Berman is going to file the bill and she will co-author it. Let me know if you have any additional questions or concernso n this or any other issue! Our door is always open to you.

    Jon English
    Chief of Staff
    State Representative Debbie Riddle
    phone: (512)-463-0572
    fax: (512-463-1908
    P.O. Box 2910
    Austin, TX 78768-2910
    jon.english@house.state.tx.us

    From:
    Sent: Tuesday, February 10, 2009 12:46 PM
    To: District150 Riddle
    Subject: US Constitution









    Name:
    Address:
    City: Spring
    State: TX
    Zipcode: 77388
    Phone:
    E-mail:


    Message:
    Representative Riddle,

    I would like to direct your attention to the following bills recently introduced in several other state legislatures:

    http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm
    http://www.legislature.mi.gov/(S(wn1rpuqkwkzle145cc3xui55))/mileg.aspx?page=GetObject&objectname=2009-HCR-0004
    http://www.leginfo.ca.gov/pub/93-94/...0829_chaptered
    http://www.legis.state.ga.us/legis/1...text/sr308.htm
    http://www.gencourt.state.nh.us/legi...9/HCR0006.html
    http://apps.leg.wa.gov/billinfo/summ...&bill=4009
    http://webserver1.lsb.state.ok.us/We...x?Bill=HJR1003
    http://www.house.mo.gov/billtracking...o/HCR0013I.htm
    http://www.azleg.gov/FormatDocument....s/hcr2024p.htm

    It is apparent that the people of the above states have had enough of the federal government gradually eroding not only state's rights, but individual liberty. That attitude is also quite prevalent here in the State of Texas. I proudly served this nation for four years, but I am sad to see what she is becoming. This country is a far cry from what our founding fathers had in mind when they penned the Constitution. The states have an opportunity to make a powerful statement on the matter by reclaiming the constitutional authority granted them by the ninth and tenth amendments of the US Constitution.

    I urge you, as my representative, to author, sponsor, and/or support a similar piece of legislation in our own great state. I urge you, as my representative, to stand against the Federal Government's constant erosion of the rights of the states and individual. The federal government has consistently overstepped its constitutional authority, unchecked. The states have not only the constitutional right, but also the responsibility to their citizens, to hold the federal government accountable to the constitution.

    Thank you for taking the time to read my e-mail, and I await your response.

    Best Regards,
    Rob

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