Today, by a vote of 34-24, the Arizona State House of Representatives passed House Concurrent Resolution 2024 (HCR2024). HCR 2024 stipulates that “the State of Arizona is hereby expressing the intent to claim sovereignty under the 10th Amendment to the United States Constitution. ” It will now be transmitted to the Arizona Senate.
While the resolution is non-binding on the Arizona government it takes a strong stand in support of the 10th Amendment and “serves as both a notice and a demand to the federal government to immediately cease and desist mandates that are beyond the scope of these constitutionally delegated powers.”
Click here for the final vote tally and see the full text of the resolution below:
Whereas, the Tenth Amendment to the Constitution of the United States reads as follows:Â “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, 505 U.S. 144 (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:
1. That the State of Arizona hereby expresses intent to claim sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government or reserved to the people 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.
Another one joins in. Kudos to you Arizona!
God bless you Arizon for your courage in resisting the Leviathan that is swallowing up freedom and enslaving us all! It is not radical Islam that is destroying America, or that is depriving Americans of liberty, property and the pursuit of happiness. It is the federal government. If there is an enemy of freedom today, we need look no further than Washington D.C. And there is not person reading this who does not know it is true.
Live free or die!
PHL – great point, and one that sure is missed by many on the right these days. This country – and our constitution – is not being violated by Bin Laden, or the Taliban, or Iraq, or anyone outside this country.
We’re being ravaged from within.
Reminds me of a great quote from James Madison:
“It is a universal truth that the loss of liberty at home is to be charged to the provisions against danger, real or pretended, from abroad.”
–James Madison
Good for Arizona. Definitely agree that it is the monstrous Federal Government that is our greatest threat.
As each additional state proclaims 10th Amendment sovereignty, our combined strength grows in opposition to the Feds.
Even though these are non-binding resolutions, we the people of these states could present petitions to our state legislators to act on these resolutions in a binding manner. Basically saying “you made the statements, and we demand you back them up”
Every time I see another courageous state legislature added to the list of those with the guts to stand up to the bullies in DC, it puts a smile on my face.
This is only the beginning…
We need a revival of the crime of “praeumire.” This was an offense under English law for introducing a foreign power into the land in diminution of the authority of the crown. The offense was originally conceived to prosecute those who attempted to introduce the power or jurisidiction of the pope in England. It was a species of lesser “treason” in the sense that any attempt to introduce the power of the pope into the land was an offense against the authority of the crown. See Blackstone’s Commentaries at Vol. 4, chapter 8. Among the acts constituting praemunire included “those that commenced any suits or procured any writs or public instruments at Rome.”
The place where such a statute would be useful today would be to prosecute those who attempt to a diminution of State Sovereignty or the State’s Reserved Rights by seeking relief in federal court enjoining, or attempting to enforce any order purporting to require removal of monuments displaying the Ten Commandments, the Cross of Christ, or any acknowledgement of the Supreme Majesty in Heaven.
I have in mind here the case just handed down by the 10th Circuit against Haskell County, OK, requiring removal a Ten Commandment’s monument. This is a direct assault on the State’s sovereignty and a statute of Praemunire would be a historically appropriate form of statute to protect the State’s sovereignty against the introduction of a foreign juridistion in the land, and would create a constitutional confrontation and crisis, setting the State’s authority and sovereignty up against that of a usurping federal judiciary.
Let’s look at the “secession” argument this way….
We’re not seceding. We’re getting enough states together to kick the rest out!
I applaud the Arizona legislature, and all the rest, in taking the first step to reclaim their rightful place in our country. Unfortunately, resolutions are nothing more than a politicians way of “proving” he stands for XYZ. Government “resolutions” carry about as much weight as the resolutions we make every year on New Year’s Day. It’s now up to the citizens of these states to hold their representatives’ feet to the fire, and burn them out (meaning vote them out of office) when they fail to uphold the Constitution. The responsibility of those desiring liberty is eternal vigilance and swift, deliberate, un-compromising ACTION when it is threatened.
Not all of us can be the charismatic leader of the next Regan revolution, but we can all be the one that our co-workers, friends, and family go to for explanations on what a particular piece of legislation means. Or which state senator or representative really represents our values. The more people we can educate (including potential candidates), the more will begin to think before they vote.
Patrick – resolutions, especially the large number that have been introduced, are an extremely important first step in the direction of the constitution.
Before legislators started filing them in the states, people weren’t even talking about the 10th amendment. This has had the effect of getting media coverage – and more and more people interested in the topic.
These resolutions, while obviously not the end of the road or even close to it, are essential. I hope to see more.
My disagreement on the idea of a Con-con, Michael, is in the assumption that we would be “changing” the Constitution. The fact is it has ALREADY been changed by judicial usurpation and fiat, and by an over-reaching Legilstive and Executive branch. Change the Constitution? NO! Restore the Constituion? YES!
How, by amendments defining limits on the power of the federal govenment that have been eroded. All we need do is define Congressional power more explicitly in accordance with the ORIGINAL INTENT. The Commerce Clause and the General Welfare Clause need restoring to their original intent, not changing. The 14th Amendment – the biggie by which all judical usurpation occurs – need to be restored to its original intent.
And since the federal government has abundantly proved that it cannot be trusted to obey the consitution or to remain within the powers granted, we need an amendment making ORIGINAL INTENT the ONLY enforcible principle of interpretation, AND a provision allowing the STATEs to enforce it by legislation. This last is essential because, if the power of supremacy is left with the feds, they will always augment their own power over time exactly as they have in the past. So, by giving the States power to enforce ORIGINAL INTENT by legislation, we are giving them the means to put teeth in 10th Amendment resolutions.
So, again, there is no need to change, just restore!
President Lincoln clearly stated, " This country can never be taken from without but it would come from WITHIN, like now by HALF and HALF and his THUGS from CHICAGO.
I'm not too thrilled with the race-related comment – I find that kind of talk to be a detraction from what our goal is…people from all over the political spectrum living in peace with each other.
But, you're right – the country is being taken from within, and Lincoln sure did have a hand in that too. Decade after decade we've allowed politicians to violate the constitution or bend the rules – maybe even for good reasons. But, sooner or later when you do that, you'll end up with a government that doesn't follow the rules at all.
This is our land. We have our rights. If we do not make a stand and send out a message that we do not approve of our federal governments choices for our future as of late… Then we must sit back and take whatever they do, no matter the impact on us and our children. We, citizens of Arizona, can and should be able to make choices for us and our families based on our needs…not a political agenda on foreign land but, right here right now. We do not need the feds in our homes, jobs, churches etc. Take back what is already ours.