On May 4th, the Tennessee State Senate voted unanimously in support of Senate Joint Resolution 311 (31 yay – 0 nay). The resolution, sponsored by Senator Randy McNally, is designed to send Congress a message that the federal government has overstepped its Constitutional bounds by mandating a massive amount of federal policies upon the states in violation of the 10th Amendment.
The resolution now awaits transmittal to the House.
Read the full text below:
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 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 SENATE OF THE ONE HUNDRED SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE HOUSE OF REPRESENTATIVES CONCURRING, that the State of Tennessee 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 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.
BE IT FURTHER RESOLVED, 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 Speaker of the Senate of each state’s legislature of the United States of America, and each member of the Tennessee Congressional Delegation.
I’m not a fan of southerners, but at least they’re always the first to stick up for our rights to sovereignty. Riotous applause for our otherwise backwards Tennessee brethren.
John,
I do not know what to say about your comment.
I disagree on one hand.. how is TN backwards? I recently moved to TN from FL, and from what I can tell, TN has it’s head on straighter than FL, yes, it has it’s problems, but they all do.
I agree based on the backwards TN brethren when it comes to some of our elected officials, past (AL Gore Sr and Jr) and present (some current members of the US Congress).
This State, has a rich history of patriots. It was also the home of one of the presidents of the US.
It takes something called a backbone to stand up for what you believe in… either right or wrong, you must give credit for the fact that we are doing something
Way to go TN! I’ve talked to my house representative about this sovereignty resolution and I think it will pass. Will Bredesen sign it or veto it?
Take a look at our Petition for Redress of Grievances at http://www.912petitions.com
Nice! Well Done!
The government is getting out of control, states need to affirm their rights so we can choose under which policy to live while still being American.
john manguy – Never lived or visited the South have ye? Do so, but take off your blinders first. Most of the people will surprise you. Nothing at all backwards about any part of the South.
Go, enjoy, be pleasantly surprised.
Signed,
A Native Texan.
Noise and bombast. Real courage would be to repeal Tennessee`s ratification of the 14th Amendment. The ramifications would be staggering…
Montana’s governor just signed a bill into law today that nullifies all federal firearm regulations for any firearms manufactured in Montana that are sold within its borders (not exported for sale to other states), and are used within its confines. The removes the power of the federal gov’t to regulate these firearms since they will not be a part of interstate commerce. Essentially, it’s a really good legal employ of “nullification”.
It appears that the States and the People are beginning to weary of the “soft-tyranny” of our current federal (national? central?) government.
Way to go, Tennessee. (And a pox upon you Yankees! If you don’t like the south, then feel quite free to stay up in the frozen tundra north of the Ohio River. I really can’t understand why y’all were so desperate to prevent the southern states from leaving the Union in the first place since it seems that there are so many of y’all that really bear some antipathy toward the South and southerners in general. Is it just a yankee desire to make life equally miserable for everyone?)
Oh, CRAP! I didn’t mean to appear to still be fighting the war, but damn-it, that Yankee was sniping at us and SOMEBODY had to return fire!
Swamp Angel,
Since this is a TN announcement, I should add the following:
TN has also decided to follow the route of MT. The TN legislature has decided to try to enact a similar bill.
However, even if this bills are enacted/enforced, I can see the FTA stopping them.
I also heard something along the lines that IF the US government tried to stop MT from having “IT’S” firearms, they would ‘resist’ or words to that effect.
Welcome home Tenn. I am south of you and a little east in Ga. A little over a month ago our Senate passed the “Jefferson Resolution” by 41-2 I believe it was. Montana and Texas are now testing their Sovereignty with firearms legislation. I hope to see the same soon in your state as well as mine. Once the Sovereignty bills for the states have passed there is much to be done to undo the unconstitutional regulations and laws that have been placed upon the states over these pass many decades. It will be a joy to watch and participate in. Once ajoining states have established their Sovereignty, there will be all kinds of opportunity for interstate trade and commmerce. We just have to find a way to keep the Federal Goverment from taking most of the revenue we realize through new industries when we get them started.
Does anyone know? Will states be able to issue their own currency as long as it is only good within that state? Could a state say go to a gold or silver standard? Could that currency be made even more effect through legislation with other states so the currency is recognized by all states joining an alliance? Any scholars out there? Is this exciting or what:)
BK Campbell,
that is already being done in Detroit Michigan! Go figure.
I’m not a fan of yankees or the fed. I’ve never been more proud of being a Tennessean!
Hurrah for Tennessee!
Hurrah for Tennessee! This is excellent news, but we have a lot of work to do yet.
I’m a Tennessean and retired military (I know, a right-wing extremist) living and working in Ohio but planning on returning home to stay within the next few years. I applaude what the TN Senate has done and hope the House will follow. A similar bill is pending in the Ohio legislature and in more than 30 states across the nation. It isn’t just Tennessee and the South; freedom loving Americans are fed up with our corrupt federal government and are expressing themselves through state sovernity resolutions, tea parties and other actions. May this trend continue and grow until we achieve the Constitutional balance our founders established.
By the way, BK Campbell, it’s legal for cities to issue local currency to use within that city. Some are doing it now. I don’t know about states but it’s an interesting question.
BK and Terry,
The currency in Detroit, if I am not mistaken, is given out something like 5 to 3 for US currency. so 10 USD gets you 12 local currency.
http://www.modeldmedia.com/features/detroitcheers18809.aspx
Here is a link… it looks according to the link, it is a 1 for 1 or in this case 3 for 3
Ryan thansk for the info. I went to the site and its really a feel good tale. The only draw back I see is the fact thats its backed by fiat money or US currency if you prefer. US currency has been a sick puppy since the Federal Reserve started the printing presses. When the dollar finally keels over has it must at some point, the script will become worthles as well. I would like to see this done on a state level with precious metals in the vault to back up the currency. Silver would actually be best. We could spend silver coins once again or trade it or redeem the paper for it at our State Bank. Love it.
john manguy I meant to get to you earlier and just plain got busy. This will be getting off subject a little but I will try not to take up too much space. If you don’t care for the south or southerns that much its because you don’t know us and believe too much of what you see on TV and in the movies I think. We are often protrayed as slow mentally as well as in movement, toothless and too tolerent of bums. Well I have to admit some of thats true but if you inderstand the reasons perhaps it will help. We would rather measure twice and cut once or if you perfer, we embrace the comcept of an ounce of prevention is worth a pound of cure. Not sure that makes us mentally slow. We move slow because its just too dang hot to go any faster and we have found you get there at about the same time anyway. We do show our town drunks the same respect we show our mayors mostly. But the reason is we’ve all seen hard times at some point but that makes the man no less one of Gods children. And some of us are saving up for teeth but the reason for that is, as much as we like cornbread and milk and scrambled eggs, there are other foods we love that you really need teeth for. Or maybe we’re different because there are more churches per sq. mile in the south than anywhere else. Or because momma made us this way. Its hard to say. But I’m sure we have some misconceptions of northerners as well. I hope you will come and visit sometime. You would be welcomed.
Oh y’all,don’t fret over john manguy,be glag and thankful! I think this way “if yankees ever stop looking down their noses at the South it will be because they have finally driven us into their mold,and view us as no different from them!” If that comes to pass,we are really screwed! So john manguy,please, by all means call us what you will!
Now to the real business at hand,THANK YOU Rep. Lynn and Sen. McNally!
Next let’s push hard for the next step, NULLIFICATION OF STUPID FEDERAL LAWS!
Hi all, I am a yankee transplant, and have been here 11 years.
I LOVE IT, and am proud to live here.
I think it is simply wonderful that this was passed, I have
become more involved in politics the last year, and I do know
that it is on the table for a Bill that Would Prevent Federal Government from Regulating Firearms in TN, here is the location if you would like to read it.
http://www.wztv.com/newsroom/top_stories/wztv_vid_5694.shtml
I hope they will also look at us going to our own currency.
God Bless us all, our country and TN. way to go Tennessee.