Health Care Nullification on Governor’s Desk in North Dakota
by CJ, A Soldier’s Perspective
With our Democratic Congress and President slowly eating away at our Constitutional rights and “changing” the way our government intrudes into our lives and business, some states are fighting back. Bills are currently working their way through Congress that impose weapon and ammunition standards on states, forbid states from selling their own land, force states to comply with energy and emissions standards, and even a push to give state voting rights to D.C. residents – a change that would require a Constitutional amendment and possibly other challenges.
New Hampshire, Arizona, Montana, Missouri and Washington are just some of those states doing just that. Other states are sure to follow suit with their assertion of 10th Amendment rights, which state:
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.
New Hampshire’s House Concurrent Resolution 6 states 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 that would cause the state to invoke this extreme measure include:
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
This is notable and important because all too often we wonder what can be done about a federal government out of control. Not only would a state legally be able to declare its sovereignty, but also vote to rescind it’s Representatives and Senators from D.C.
Arizona’s HCR 2024 is also providing notice to the federal government to back off noting that “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.” This is something I’ve been harping on for a few years now, both here and on the radio. Because of these violations, Arizona declares the following:
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.
Missouri is particularly perturbed by President Obama’s vaunted “Freedom of Choice Act” that he’s trying to push through Congress. This act “declares that it is the policy of the United States that every woman has the fundamental right to choose to bear a child; terminate a pregnancy prior to fetal viability; or terminate a pregnancy after viability when necessary to protect her life or her health.” This is an obvious infraction upon state’s rights and led to Missouri’s assertion of sovereignty.
Missouri House Resolution 212 states:
Whereas, Barack Obama, President of the United States, has promised that one of the top priorities of his new Administration is to sign into law the “Freedom of Choice Act” which purports to classify abortion as a “fundamental right” equal in stature to the right of free speech and the right to vote – rights that, unlike abortion, are specifically enumerated in the United States Constitution; and
Whereas, the federal Freedom of Choice Act would invalidate any “statute, ordinance, regulation, administrative order, decision, policy, practice, or other action” of any federal, state, or local government or governmental official, or any person acting under governmental authority, that would “deny or interfere with a woman’s right to choose” abortion, or that would “discriminate against the exercise of the right…in the regulation or provision of benefits, facilities, services, or information”; and
Whereas, the federal Freedom of Choice Act would nullify any federal or state law “enacted, adopted, or implemented before, on, or after the date of [its] enactment” and would effectively prevent the State of Missouri from enacting similar protective measures in the future…
Because of this and other efforts by our newly appointed Socialist-minded government, “the members of the House of Representatives of the Ninety-fifth General Assembly, hereby declare our 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.”
Washington State makes it clear in their resolution that states “are not subordinate to” the federal government, quoting Constitutionalists as Madison, Jefferson and Hamilton. Tired of being considered “agents of the federal government”, House Joint Memorial 4009 also declared Washington State’s sovereignty.
That this serve as a Notice and Demand to the federal government to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers.
Retired Army Colonel – and American Patriot – Harry Riley tells us we can’t just stop there. “The next step is up to us,” he says. “[we have] to demand my State, your State to take the same action…….will you do it? Contact your State Representative and demand a similar resolution to NH, MO, WA, and AZ be introduced in your legislature….do it today.”
Phone calls are going out to my Texas and Alabama representatives the moment I hit “publish” on this post. It’s time we stand up to the encroachment of our rights by the federal government against the states by Repugnicans and Dumbocrats alike!
NEXT STEPS
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When reading about other states claiming sovereignty I noticed Texas was not one of them. Then I came across this website that any Texan will be interested in. It looks like someone is working behind the scenes. If you search Republic of Texas you should find the website.
The republic of Texas Nation 1836-Present
Texas is a North American sovereign Nation standing under God’s law that is alive and surviving after being fraudulently placed in a dormant state on or about 163 years ago and was released from said dormancy in September 2005. The republic of Texas Nation was brought out of dormancy by a National Texian People’s ballot election for the reconstituting of their constitutional Texas republic Government in compliance with the 1836 organic republic of Texas Constitution as amended and accepted by the Texian People and for the Texian People.
How It Started
It started with an unlawful annexation by resolution from the US Congress after a Treaty of Annexation was voted down three to one by the US Senate in 1844. There is no provision in the U.S. Constitution that allows its Congress any authority for annexing a foreign nation, which the Constitutional Texas republic is and was at that time. To accomplish annexation, the U.S. House and Senate passed an unlawful joint resolution using color of law. There was not a quorum present to vote on the matter, so it was passed unlawfully. Further, only the US Senate by a two-thirds majority vote can pass an annexation treaty, and their annexation authority is limited to territories, and therefore, does not extend to nations. Through this fraud, the republic of Texas Nation in 1845 was placed in dormancy and The State of Texas was unlawfully created, by color of law trickery.
Re-claiming Sovereignty
The government of the republic of Texas Nation has now lawfully been vested back into the hands of the people of Texas as a constitutional republic nation. This process is not an act of seceding from the U.S. since history shows that citizens of the republic of Texas never voted to cede their land in the first place.
In this article you state you’re sending an email out to your “Alabama representative”. Do THEY know why everybody is saying that Alabama is “considering” doing this? None of my sources confirm it, and no such resolution or legislation has been introduced at this time.
Any idea why people are saying Alabama may do this?
Hey Matthew – I’m not sure where you’re getting this information either. Nothing in this article says that Alabama is “considering” doing this at all.
It seems to me that this author has representatives in Alabama – and is going to call them to say he wants Alabama to do the same.
I would too.
Well, another post from this site did say that, and since this article indicated they had contacts in Alabama, I was hoping to find out more.
A group of Texans are very serious about reestablishing a Texas Republic and booting the federal government out of Texas by Texans ratifying a new Texas Constitution – TC2K (Texas Constitution 2000).
http://www.tcrf.com/
Allan – a Texan living in Arkansas
As the writer of this article, I can answer this. As far as I know, Alabama is NOT considering this legislation…yet. I have been contacting the Alabama state representatives to push them into issuing a similar joint resolution. Stay tuned to my blog for updates.
CJ, definitely looking forward to reading more from you in the near future!
Thanis, CJ. I can get in touch with my own legislative contacts and see what they say.
CJ, good effort and keep on trying; however, the only unimpeded “forceful†power over the federal government mentioned in the Constitution is the Citizenry’s Right to hire (elect) Lawmakers (Congressmen and every two years); reference Article I, Section 2.
The safest depository for the preservation of Rights/Freedom is in the hands of the Citizenry (Voters).
Allan
Texas has a bill HCR 50, go look it up.
Alabama Representative Cam Ward introduced HJR130 into the Alabama Legislature, which opposes implementation of the Real ID act on 10th amendment grounds. I wrote about it, including a link to the text of the resolution.
http://politicsalabama.blogspot.com/2009/02/state-sovereignty-update.html
Matthew, great follow up on this. While not a full statement in support of Alabama sovereignty, this is really a good step. I hope you’ll continue to keep us updated on progress in your state. Kudos to Cam Ward as well!
I live in Alabama. Now if any Alabama people live in Alabama & want a serious contact & serious reply contact Senator Richard Shelby.
senator@shelby.senate.gov
I e-mail him time to time & he does reply back it may take a few weeks to a month.
I urge every Alabama people to mention the Alabama Sovereignty if we want to keep our rights of NO REAL ID’s,NO RFID,No NWO,NAU,etc…
Alabama has a full sovereignty resolution in the Legislature!
http://politicsalabama.blogspot.com/2009/03/alabama-sovereignty-resolution.html
To those of you expecting great things to come from the introduction of bills in the various state legislatures asserting the state’s sovereignty under the 10th Amendment, you will be sorely disappointed. I examined the Texas House of Representatives HCR 50, downloaded a copy, read it and was interested enough to try to follow the legislative status of the resolution. It was referred to the House Committee on State Affairs shortly after the House started its session, where it will sit and die. So, I downloaded the opening session’s minutes to double-check and yes, it was properly referred to the committee per the House’s Rules. Right below that were the references to various and appropriate committees of bills to determine how to spend the money Congress and President Obama have decided to bribe Texas’ politicians with. Guess which bills have hearings set and which don’t? Leopards don’t change their spots, nor do politicians change their ways. While to appease what they see as a temporary wave of public indignation they will draft and pass these “Tenth Amendment Resolutions”, they will continue to take the federal handouts, continue to conduct the public business as usual, with more regard – generally – for their own re-election chances and the business of dividing up the spoils of public office among their supporters than they will have for what we consider the important issues of the day. Until and unless voters in the states get up and vote these thieves and self-servers out of office, nothing is going to change. A new broom sweeps clean, but the old one only moves the dirt around.
Alabama’s bill was killed in the Rules Committee by Ken Guin (who needs to be voted out). Those
Who would like to see amendments passed such as those above please contact
Rep. Paul DeMarco (Homewood).
Lea, do you have contact info for rep DeMarco?
you are invited to meet the newly elected Sat 12 2009