Alaska Resolution: Sovereignty Under the 10th Amendment

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Legislators in Alaska introduced House Resolution 9 on 02-25-09.  It reads:

WHEREAS the Tenth Amendment to the Constitution of the United States reads,  “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 some federal actions weaken states’ rights protected by 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 art. IV, sec. 4, Constitution of the United States, reads, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States reads, “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 the United States Congress may not simply commandeer the legislative and regulatory processes of the states; and

WHEREAS all states, including Alaska, find themselves regularly facing proposals from the United States Congress that weaken states’ rights protected by the Tenth Amendment;

BE IT RESOLVED that the House of Representatives hereby claims sovereignty for the state 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; and be it

FURTHER RESOLVED 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; and be it

FURTHER RESOLVED 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.

COPIES of this resolution shall be sent to the Honorable Barack Obama, President of the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and  President of the U.S. Senate; the Honorable Nancy Pelosi, Speaker of the U.S. House of  Representatives; the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S.   Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress; and all other members of the 111th United States Congress.

(h/t Tom Mortensen)

About Michael Boldin

Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin, on LinkedIn, and on Facebook.

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9 Responses to Alaska Resolution: Sovereignty Under the 10th Amendment

  1. florin March 6, 2009 at 5:14 pm #

    May God have mercy on us. We have lost the vision and the character and now are paying the price.

    • Michael Boldin March 6, 2009 at 11:43 pm #

      Maybe with all the economic troubles ahead, the blessing in disguise is that more people are beginning take an interest in the need for limiting the power of government.

  2. Luonne Dumak March 9, 2009 at 2:48 pm #

    Let the Constitution reign. Let’s hold all our Representatives to follow the Constitution or vote them out. The latest example is giving D.C. a vote in Congress.

    • Michael Boldin March 10, 2009 at 7:39 am #

      Luonne – while in theory, I agree that people should “vote out” people who violate the constitution. but, in practice, that really doesn’t happen. I urge everyone to vote only on conscience – and also work on a local level to get state governments to resist federal overreach of power.

  3. Laurel Guy March 30, 2009 at 8:45 am #

    Pass these docs onto your group…It is a word doc for tea bag post cards, and a mailing label prepared so you can send to all of Congress…flood their offices, not just your own congressman, but all of them!

    Dave in Virginia prepared this for us!

    So you want to send teabags?
    http://files.me.com/davidmcnama/ftgz3y Don’t tread on me post card for your representative no copyright free to use
    http://files.me.com/davidmcnama/sg65z9 Mailing list for Congress
    http://files.me.com/davidmcnama/wn8gmd Teabag Post card – no copyright free to use

    We just did in 262 ready for mail on the first. Printed all on card stock they make a nice statement

    PASS THIS ON TO ALL TO USE!!! It was a lot of work to do this and I would love for others to benefit from my work

  4. Rob April 6, 2009 at 2:57 pm #

    Aren’t all federally elected politicians required to take an oath promising to protect and defend the Constitution of the United States? And doesn’t the Constitution clearly state that it is the Supreme Law of the land? So by proposing transnationalism (Harold Koh) the Obama Administration has violated their oath. OMG! A politician has lied to us!

  5. Francis April 7, 2009 at 4:32 am #

    God have mercy on the sovereign state of Alaska…

  6. Nick July 29, 2009 at 8:16 am #

    When are we gonna stand up and say that enough is enough. Good for Alaska, I am moveing there! Next week. I have had it the crap comen from DC. They have killed any chance our kids had for the future! Unless you came here agiast the law, and drop a baby north of the fence you jumped you will get nothing for the work you put out excepted robbed by our goverment to have it given to nazi polosie. I am out of here.

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