Today, the Louisiana State House voted to approve Senate Concurrent Resolution 2 (SCR2) which “Memorializes Congress to affirm Louisiana’s sovereignty under the Tenth Amendment of the Constitution of the United States of America and to demand that the federal government halt its practices of assuming powers and imposing mandates upon the states for purposes not enumerated by the Constitution of the United States of America.”
The resolution, authored by State Senator Crowe, passed by a vote of 59-12. It previously passed the State Senate by a vote of 32-0. (h/t hayestown)
Louisiana joins Alaska, North Dakota, South Dakota, Oklahoma, Idaho and Tennessee as states where similar resolutions affirming sovereignty under the 10th Amendment to the Constitution have been approved by both legislative houses.
Read the full text of the resolution below:
A CONCURRENT RESOLUTION
To memorialize the Congress of the United States of America to affirm Louisiana’s sovereignty under the Tenth Amendment to the Constitution of the United States of America and to demand that the federal government halt the practice of assuming powers and imposing mandates upon the states for purposes which are not enumerated by the Constitution of the United States of America.
WHEREAS, the Tenth Amendment to the Constitution of the United States of America 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 peopleâ€; and
WHEREAS, the Tenth Amendment to the Constitution of the United States of America defines the total scope of federal power as being that specifically granted to the Constitution of the United States of America and no more; and
WHEREAS, the Tenth Amendment to the Constitution of the United States of America 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 powers assumed by the federal government as well as federal mandates are in direct violation of the Tenth Amendment to the Constitution of the United States of America; and
WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), thatCongressmay not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS, a number of proposals from previous administrations and some pending with the present administration aswell as fromCongressmayfurther violate the Constitution of the United States of America.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana memorializes the Congress of the United States of America that the legislature affirms Louisiana’s sovereignty under the TenthAmendment to the Constitution of theUnited States ofAmerica over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States of America.
BE IT FURTHER RESOLVED that the Legislature of Louisiana also demands that the federal government halt and reverse its practice of assuming powers and imposing mandates upon the states for purposes not enumerated by the Constitution of the United States of America.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress and to the president of the United States of America and to the governor of Louisiana.
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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Thanks to all the senators that had the courage to do what is right. Hope the U.S. congress takes note.
I'm very proud that my State was willing to stand up for the citizens of our state. Thank you so much for all of the Legislators that stood for what they believe in!
Phoenix, not even living in LA, I'm proud of your state too! I do hope to see more legislation - with teeth - to follow up in this next session. We've already gotten word of a health care nullification resolution/state constitutional amendment...
What everyone in THEIR OWN state should do is come together as a Constitutional alliance and start investigating their U.S. Congressional and U.S. Senate representatives for treason and convict them at the state level. The PEOPLE can do it by class-action suit if necessary because they took AN OATH which was recorded. I would not rely too much on the state attorney generals. They may have strings attached to their office. The Washington representatives are the ones who get bought out by the lobbyists (i.e. BIG PHARMA, OIL, etc.) or Mob. Start setting some examples and puting TEETH back into the Consitution and Bill of Rights and I guarantee you there will be so serious change.
Iam pleased although surprised. Mayor Ray Nagin could only sing one song after Hurricane Katrina and that was Bush will not help us even as he had hundreds of city buses idle. The city did absolutely nothing to help themselves and they even reelected him. The state was of very little help as well. I was living in Gulfport at the time and the Ms. Gov. got busy along with city officals and we started putting the coast back to gether again. Of course we also received federal aid but we did not sit on our hands and cry while waiting. I lived in New Orleans for 9 years and it is one of the most corrupt places I have ever lived so that is the reason for my surprise. We will see how they do when they are even more on their own when the Tenth amendment resolutions are in place.
Like sending a child off on their own - to take risks, face trouble and the like - states will be far more efficient and effective when they're off the federal welfare bandwagon.
Yes, LA's affirmation of state sovereignty is a step in the right direction. But such legislation still doesn't protect the citizens of these states from constitutionally unauthorized federal taxes. In fact, given that the Founders made the 10th A. to reserve the lion's share of government power to serve the people to the states, not the Oval Office and Congress, Chief Justice Marshall had appropriately established the following case precedent. This precedent, now wrongly ignored, limits the power of the feds to lay taxes.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Chief Justice Marshall, GIBBONS V. OGDEN (1824) <a href="http://supreme.justia.com/us/22/1/case.html" target="_blank">http://supreme.justia.com/us/22/1/case.html
The bottom line is that the voters need to elect pro-state power leaders to both the federal and state governments in 2010 who will do the following. Pro-state power leaders need to destroy the phony powers associated with the corrupt federal government by repealing the anti-state sovereignty 16th and 17th Amendments. These ill-conceived amendments are the source of power, in my opinion, for the corrupt Democratic Party now ruining the country.
And once these amendments are out of the way, then state lawmakers can use their greater constitutional power to serve the people to fight constitutionally unauthorized federal taxes, keeping as many tax dollars as possible in a given state. (Did you hear that California?)
Please be sure to congratulate Senator A.G. Crowe (who authored this bill), particularly if you are one of his constituents. Let's show support for these bold officials who are resisting DC and standing up for the Constitution.
His home page:
http://senate.legis.state.la.us/Crowe/default.asp
Senator Crow's email:
crowea@legis.state.la.us
All the states need to rise up and stand fast together. Maybe then the feds would take state sovereignty seriously and start to pay attention. Alas, too many states are in the tank with the feds as long as the money stolen from them in the first place comes back in part.
These state governments sure are in the tank - but there are clearly some courageous legislators willing to take a stand - hopefully they'll go the next step which requires them to outright resist unconstitutional federal orders. Time will tell....have a great rep from OK on our next podcast this coming week - Charles Key - hopefully he'll give a little insight of what's next in the Sooner state.
Way to go Louisiana! I hope that residents of LA will contact their reps and thank them for voting yes.....well, the 59 that did!
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[...] The resolution, authored by State Senator Crowe, passed by a vote of 59-12. It previously passed the State Senate by a vote of 32-0. (h/t hayestown) Louisiana joins Alaska, North Dakota, South Dakota, Oklahoma, Idaho and Tennessee as states where similar resolutions affirming sovereignty under the 10th Amendment to the Constitution have been approved by both legislative houses. Read More [...]
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[...] Crowe has been involved in many conservative projects including the 2009 State sovereignty resolution, a Tenth Amendment policy project. Also in 2009 Crowe introduced a resolution proclaiming April as [...]
[...] Crowe has been involved in many conservative projects including the 2009 State sovereignty resolution, a Tenth Amendment policy project. Also in 2009 Crowe introduced a resolution proclaiming April as [...]
[...] Crowe has been involved in many conservative projects including the 2009 State sovereignty resolution, a Tenth Amendment policy project. Also in 2009 Crowe introduced a resolution proclaiming April as [...]
[...] Crowe has been involved in many conservative projects including the 2009 State sovereignty resolution, a Tenth Amendment policy project. Also in 2009 Crowe introduced a resolution proclaiming April as [...]
[...] Crowe has been involved in many conservative projects including the 2009 State sovereignty resolution, a Tenth Amendment policy project. Also in 2009 Crowe introduced a resolution proclaiming April as [...]