Legislators in Georgia have submitted a resolution claiming sovereignty under the principles of the 10th Amendment.
Here’s the “first reader” summary:
A 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 for other purposes.
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 mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; 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 GEORGIA GENERAL ASSEMBLY: that the State of Georgia 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.
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.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy 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 of the United States of America, and each member of the Georgia Congressional Delegation.
The language of the GA bill is similar to the language of the SC bill and in my opinion, inadequate. The main purpose of the bill seems to be to keep the federal government from forcing unfunded mandates on the states. The bill says nothing of funded mandates, which also violate the 9th and 10th Amendments. The bills seem to be saying, “you can give us mandates, just give us the money to cover them and everything will be alright”.
I wrote to the sponsors of the SC bill and asked them how they would protect their citizens from federal violations of the 9th and 10th Amendments that imposed no mandates on the states but did impact their citizens. I specifically used the example of plans to nationalize the health care system. There is absolutely no Constitutional authority for the Federal government to impose such a system but there is no language in either the GA or SC bills that would protect the citizens of those states from such a usurpation of the people’s rights.
The language of the bills appears to be driven by desire to not be forced to spend money the states may not have rather than a desire to protect the citizens of the states which is what they should do. If the states can’t protect their citizens from Big Brother then these bills are just window dressing.
I’ve only heard back from one of the sponsors who replied with his “special” e-mail address for like-minded constituents.
Eric – I think you make some excellent points here, and there’s no doubt that many of the resolutions are weak on a strict 10th amendment/limited government perspective.
But, this is definitely a good start. And, with enough feedback to legislators on a local level, we hope to move to the next step.
TO THOSE LEGISLATORS PLEADING THE TENTH IN GEORGIA:
If you are searching for the words to put into your resolution for no mandates, then go read the Liberty Amendment which Georgia passed the Resolution of Approval for submission to the states for ratification as the fifth States to approve it. The wording of this amendment will cover all aspects of the tenth amenmdent and more. Georgia approved this amendment in 1962, and I am sure feels the same way today. freeland@libertyamendment.com, http://www.libertyamendment.org
GEORGIA HAS PASSED 10TH AMENDMENT BILL!!!
GA SR 632
ACCORDING TO REP PEARSON, HE TELLS ME THAT ONLY A SENATE PASSAGE IS REQUIRED
VINNY PATEL
highbury21@gmail.com