from the office of State Senator Bruce Patterson, (MI-7th)
(Lansing, MI) – Today, September 17th is Constitution Day. Â In a fitting tribute, Senator Bruce Patterson’s resolutions affirming Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not enumerated and granted to the federal government were passed unanimously in Senate session today.
The United States Constitution was completed and signed at the Philadelphia Convention on September 17, 1787. Â Senator Patterson’s Senate Resolution 17 and Senate Concurrent Resolution 4 are reminders that the founding fathers knew what was best when they established that our new country needed a commitment to the rule of law, limited government and the ideals of liberty, equality and justice for all.
Senator Patterson introduced these resolutions because our country is straying away from our founding fathers’ ideals. Â The Senator’s resolutions specifically affirm the Tenth Amendment of the Constitution. Â This part of the Bill of Rights specifies that each state should be able to decide what is best for their people.
“My reasons for so strongly stating my belief in the Tenth Amendment through these resolutions is that our federal government is becoming oppressive in size and is intruding in our lives,” Senator Patterson emphasized.
“Our founding fathers decided that the country would be established on the sovereignty of the states. Our voices need to be heard, we will not stand by while our rights are stripped away. Â It was great to see that my Senate colleagues concurred. ”
Similar resolutions have been introduced in 36 other states.
Senator Patterson made an impassioned speech regarding his Senate resolutions today. Â Look for the video to be posted on his website in the coming days at www.senatorbrucepatterson.com
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Both resolutions passed by a vote of 33-0. Â Read the text of each below:
Senate Concurrent Resolution No. 4.
A concurrent resolution to affirm Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not enumerated and granted to the federal government.
Whereas, The Tenth Amendment provides that powers not granted to the federal government nor prohibited to the states are reserved to the states and to the people. The Tenth Amendment limits the scope of federal power and prescribes that the federal government was created by the states specifically to be an agent of the states. Currently, the states are treated as agents of the federal government; and
Whereas, Many federal mandates are directly in violation of the Tenth Amendment. The United States Supreme Court has ruled that the United States Congress may not commandeer the legislative and regulatory processes of the states. By this resolution Michigan claims sovereignty under the Tenth Amendment over all powers not granted to the federal government under the United States Constitution; and
Whereas, All government agencies and their agents and employees operating within the geographic boundaries of the state of Michigan, or whose actions have an effect on the inhabitants, lands, or water of Michigan, shall operate within the confines of the original intent of the Constitution of the United States or be subject to penalty of law as provided for now or in the future within the Constitution of the state of Michigan, the Michigan statutes, or the common law. This resolution serves as notice and demand to the federal government, as Michigan’s agent, to cease and desist immediately all mandates that are beyond the scope of the federal government’s constitutionally delegated powers; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we affirm Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not enumerated and granted to the federal government; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
A resolution to affirm Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not enumerated and granted to the federal government.
Whereas, The Tenth Amendment provides that powers not granted to the federal government nor prohibited to the states are reserved to the states and to the people. The Tenth Amendment limits the scope of federal power and prescribes that the federal government was created by the states specifically to be an agent of the states. Currently, the states are treated as agents of the federal government; and
Whereas, Many federal mandates are directly in violation of the Tenth Amendment. The United States Supreme Court has ruled that the United States Congress may not commandeer the legislative and regulatory processes of the states. By this resolution Michigan claims sovereignty under the Tenth Amendment over all powers not granted to the federal government under the United States Constitution; and
Whereas, All government agencies and their agents and employees operating within the geographic boundaries of the state of Michigan, or whose actions have an effect on the inhabitants, lands, or water of Michigan, shall operate within the confines of the original intent of the Constitution of the United States or be subject to penalty of law as provided for now or in the future within the Constitution of the state of Michigan, the Michigan statutes, or the common law. This resolution serves as notice and demand to the federal government, as Michigan’s agent, to cease and desist immediately all mandates that are beyond the scope of the federal government’s constitutionally delegated powers; now, therefore, be it
Resolved by the Senate, That we affirm Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not enumerated and granted to the federal government; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
A fitting tribute is right. Kudos to the Michigan Senate! FYI that’s 17 republicans and 16 democrats voting in favor of state sovereignty!
WAY TO GO MICHIGAN…Now if only the other 49 would do the same…AND SOON.
One by one, the states are reminding the Feds that they are NOT merely counties in the Great State of DC.
Awesome. This is the first one I’ve seen that specifically says that federal employees will held accountable and punished for their actions. I’ve been wondering when one of the States would finally acknowledge and address that issue. Let’s hope it’s not just an idle threat, and let’s hope other States follow the lead of the Michigan Senate!
This is inspired and required of all States to protect the rights of their people I particularly like this part:
“Whereas, All government agencies and their agents and employees operating within the geographic boundaries of the state of Michigan, or whose actions have an effect on the inhabitants, lands, or water of Michigan, shall operate within the confines of the original intent of the Constitution of the United States or be subject to penalty of law as provided for now or in the future within the Constitution of the state of Michigan, the Michigan statutes, or the common law. ”
Federal agents who break the law in the exculpation of their unconstitutional (illegal) orders from the federal government should be thrown in jail, by what ever powers obligated in the upholding and enforcing of that constitution, which they themselves were once among.
Just like a Bad Cop the position does not give them the right to exceed their limitations and rob other people of their rights. Other cops, good cops should take them in and see to it that the law is upheld.
It is our responsibility to see to it that our Federal Constitution is upheld just as it is our responsibility to see to it that our State Constitution is upheld.
We have long negated that essential duty and allowed this authority to clam itself as the sole and exclusive definer the extent of its own powers, and thus in practice it had no limits.
It was and still is our duty to stop them, to throw such abusers in jail and prevent them from robbing others, including ourselves, of our rights.
It is a sad fact that we have long negated this duty out of fear and ignorance, and our people and country have been as a result forced to pay the price with the gradual surrender of their rights, one by one, law by law, usurpation by usurpation.
We cannot afford to negate our duty anymore, the wrong must be righted and the law must be enforced one of it’s, until now unrestrained, enforcer. That enforcer is the federal government of the united States, and those good cops are therefore the rest of us, who have no desire to see what little is left of our liberty evaporate away.
I call upon our local and state leaders and the rest of the American people to remember their duty and defend us and our Constitution.
I call upon you to arrest and reform this bad enforcer so that liberty may again rein unthreatened and secure in our land, from the threat of too much unrestrained government.
“This resolution serves as notice and demand to the federal government, as Michigan’s agent, to cease and desist immediately all mandates that are beyond the scope of the federal government’s constitutionally delegated powers; now, therefore, be it…”
Not going to lie, I got pretty fired up when I read that. Probably more than I should have.
Kudos Michigan, too bad New York won’t have the stones to follow suit.
Great job up there! Kudos to the Wisconsin lawmakers.
Good for Michigan. This is really surprising and I’m vey surprised the Repub’s have majority in the Michigan Senate.
I am assuming these actions nullify the Patriot Act and the various other oppressive acts our fed gov’t has brought into law since 9-11 (and I suppose prior to that also). About damn time, put them back in their place.
Brian, I’m right there with you on that one! There’s plenty from the Bush era and well before then too that needs to be nullified. Patriot Act is one of the many.
If you’re interested in a great speech on that subject, andrew napolitano gave a rousing one at the ohio sovereignty rally just recently. listen to it here.
Good catch smoove, that is an important aspect of asserting sovereignty. The Sheriffs have the authority to arrest out of line Fed agents, for they are the only law enforcement officials voted in by the people.
The supreme court has ruled that the Congress may not commandeer the legislative and regulatory processes of the states but forgot to mention that this applies to the courts as well who are constantly commandeering the states’ authority.
I would like to know when this decision was made since this was well known and expressed in the 1820′s by John Taylor and probably well known at the time of the framing of the Constitution.
Somebody explain to me why this isn’t eye candy? I mean yeah, good for them they affirmed the 10th amendment that has been the law of the land for over 200 years, but will it change anything? Can my local school stop testing for “No Child left behind”? As Brian S suggests, is the Patriot Act nullified in Michigan?
The one thing missing from this bill was the rule of law, as any bill before a legislator should contain. I.E. something like Michigan Legislators shall not act upon mandates from the federal goverment that are disallowed to them via the 10th ammendment. Obviously that could have been worded better, but any legislation that doesn’t have the rule of law behind it, is just eye candy.
I’d just love to be wrong there. Beat me up please and make me spit my teeth up.
Jeff:
If you owned an apartment building and had a tenant that wasn’t paying rent, would you show up one day with an empty truck and say “hey pal, you’re outta here!” ?? Or, would you serve notice that they need to pay – or else.?
I assume it’s the latter. This is the moral way, the legal way and the just way. That’s how we view these sovereignty resolutions. They’re long overdue, but they’re an important first step….that needs follow up.
Michigan will also be considering laws to opt out of national health care, nullify some federal gun laws – and hopefully someone will get creative and more courageous and find a way for that state to nullify the patriot act too!
The key is to keep everything in perspective. While I agree that “action” is needed, there’s a time and place, and things are certainly progressing.
Jeff King is right… Much as I appreciate this resolution in Michigan, that’s ultimately all it is — a ‘resolution’. Essentially a ‘statement’ but without any force of law behind it.
I’d prefer to see an actual legislative bill, which would force all federal operations to defer to local county sheriffs.
Michael:
Of course, the problem with your scenario is the Federal Government already was served notice… in 1791 in the form of the 10th amendment. So no “notice” need be served, the Federal Government is in full knowledge it is trespassing on the rights of the states.
But lets say it’s a warning. But is it? It just reaffirms the existence of the 10th amendment. I see no notice of eviction being served upon the federal goverment.
Can you provide some documentation attesting to the legislators intent to opt out of national health care and nullify federal gun laws as you state?
Thanks
-Jeff
Jeff – I wish you were right that no notice was needed!
But in practice, the 10th has been dead a long, long time. Since most people don’t even understand how the constitutional system is supposed to work, I see this as not just an important first step, but an absolutely essential one.
Non-binding resolutions have had the effect of bringing this issue to the public sphere. I can’t even count the number of interviews I’ve done with the media in the last few months on this issue. And, we see more and more activists groups learning about it – and starting to understand how the constitution works….and demanding action.
As far as “documentation attesting…” – I recommend that you continue reading this website more often. So far, 2 states have passed laws nullifying some federal gun laws, upwards of 15 will be considering state constitutional amendments to allow people to effectively ban national health care, 13 states now have laws that nullify some federal drugs laws with state marijuana laws, and there’s much more than that, too.
In fact, the Michigan state legislature in 2010 will not only be considering a state constitutional amendment to nullify national health care, but is also one of the many states working towards nullification of federal gun laws. It’s going to be a tough road, but there certainly are efforts in that state!
The reality is, Jeff, if you “see no notice…” then you’re missing what’s happening all over the country. But it’s understandable, the mainstream media barely covers it. Then again, read about a number of news reports on this issue here.
I hope you’ll come back regularly to learn more about this growing 10th Amendment movement!
Michael:
I was asking about Michigan, not other states. So you are not aware of any Michigan Legislators that will be opting out of nationalized health care or nullifying guns laws. Too bad, I would be in support of them (I am in Michigan).
What is missing, directly related to your landlord/tenant comparison, is the “or else” from this resolution.
Anyways, I don’t want to rain on the parade here as (I hope) it’s a start. What is the next step in Michigan and how can we help?
Opps…. strike my first paragraph. the links where manged in my e-mail copy. Thanks for the references.
No problem, Jeff. Glad you took a few minutes to engage and ask these important questions. Your perspective is certainly appreciated! I really believe it’s going to be a tough road in Michigan, but at least it’s good to know that there are SOME legislators in that state willing to try to do something…
If you contact your state reps, please keep us informed here of who is standing on the side of the constitution and who is not. It’s essential for us to get feedback from people “on the ground.”
Now, will MIchigan go beyond making this symbolic gesture, and refuse to comply with unconstitutional federal mandates, and also refuse to take federal funds for unconstitutional purposes?
-jcr
The first step in re-asserting sovereignty should be to repeal the amendment which changed the way Senators are chosen. As is, the states have no voice in Congress.
Gary, while I agree that the 17th should be repealed, I disagree that this is the first step. In fact, I think it’s the last!
the only way to repeal an amendment is to have a large national consensus. In other words, a big majority of people and state legislatures have to be in support of the constitution and state sovereignty before that ever happens.
The only way to get that national consensus, especially in these times of extreme nationalism, is to show how decentralization actually works…and the sky won’t fall with it either!
How is that done? Each state, on its own, reasserting its own sovereignty with or without federal “permission” As the movement grows, people will learn about it, and understand …and see…how it actually works. Once consensus is built, then it would make sense to drive for a national effort to repeal the 17th.
Top-down solutions – which is what you seem to oppose – cannot be resisted through a top-down solution. Start from the bottom, work in your own state to nullify unconstitutional federal laws, and move up from there as you are successful.
That’s what the founders recommended for a federal government that doesn’t obey the constitution. Altering the constitution was a last resort – AFTER that state-level solution was given ample time and effort.
While state sovereignty resolutions are a step in the right direction, please consider the following. The state legislatures really need to get together and repeal the anti-state sovereignty 17th Amendment so that state legislatures have sole control over the federal senate again as the Founders had intented. Then once the senate is working for the states again, the senate can block constitutionally unauthorized federal tax and spending bills on behalf of the state governments, starving the corrupt federal government of its illegal taxes.
In the meanwhile, I simply can’t get excited about sentimentally-motivated state sovereignty resolutions.
What are the next steps to nullify or stop economy busting Federal laws such as National Health Care and Regulatory Mandates (ie EPA's action to regulate CO2). Can individuals and businesses in Michigan simply ignore these unfunded or underfunded Federal actions?