by Michael Boldin
This week, Wyoming Governor Dave Freudenthal signed House Joint Resolution 2 (HJ0002), claiming “sovereignty on behalf of the State of Wyoming and for its citizens 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.”
Freudenthal, a long-time Democrat, was previously a US attorney for the Clinton administration, and is currently serving his 2nd term as Governor of Wyoming. He endorsed Barack Obama for president and is commonly referred to as one of the most popular governors in the country.
In a memorandum sent to the Wyoming legislature in late January, Freudenthal made clear his position that the federal government has gone beyond the limits of the constitution:
“For decades we have shared increased frustration dealing with the federal government and its agencies. What started out as a leak in the erosion of state prerogative and independence has today turned into a flood. From wolf and grizzly bear management, to gun control, to endless regulation and unfunded mandates – the federal government has become far too powerful and intrusive.”
Once brought to a vote this year, the legislature showed little opposition to sending a notice to D.C. that the federal government is overstepping its constitutional authority. The Senate passed it by a vote of 26-4 and the House by a vote of 56-4.
NOTICE AND DEMAND
These non-binding resolutions, often called “state sovereignty resolutions†do not carry the force of law. Instead, they are intended to be a statement of the legislature of the state. They play an important role, however.
For example, if you owned an apartment building and had a tenant not paying rent, you wouldn’t show up with an empty truck to kick them out without first serving notice. That’s how we view these Resolutions – as serving “notice and demand†to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.†Follow-up, of course, is a must.
House Joint Resolution 2 includes language to this effect:
That this resolution serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, from enacting mandates that are beyond the scope of these constitutionally delegated powers. The state of Wyoming will not enforce such mandates. [emphasis added]
Wyoming joins 10 other states that have passed similar resolutions since last year; Alaska, Idaho, North Dakota, South Dakota, Oklahoma, Louisiana, and Tennessee passed theirs in 2009, and Utah, Alabama, and South Carolina have joined Wyoming in passing resolutions this year.
A GROWING MOVEMENT
These resolutions are part of a growing grassroots movement in state legislatures across the country as a protest to the intrusion of the federal government into state government affairs, and is an essential first step towards efforts to push back, or nullify, unconstitutional federal laws and regulations.
Supporters of such legislation point to laws passed by other states that take the next step – and work to nullify specific federal laws seen as unconstitutional by the state. Fourteen states have now defied federal laws on marijuana. Two dozen states have refused to comply with the Bush-era Real ID Act, rendering that 2005 law virtually null and void today. The legislatures in both Virginia and Arizona have passed legislation effectively nullifying a national health care plan within their borders. Three states have already signed a “Firearms Freedom Act” into law, and Governor Freudenthal is expected to sign HB95 to make Wyoming the fourth.
Resolutions, guns, national ID cards, and weed might be just the early stages of a quickly growing movement to nullify other federal laws seen as outside the scope of their constitutionally-delegated powers. In states around the country this year, bills have been proposed to defy or nullify federal laws on health care, use of national guard troops overseas, legal tender laws, cap and trade, and even the process of collecting federal income taxes.
The final goal? It’s a long way off – a federal government that follows the strict limits of the constitution, whether it wants to or not.
Note: Thanks to Brenda of WyomingWatchdogs.com for helping with this report.
CLICK HERE to view the Tenth Amendment Center’s Legislative Tracking Page for Current Nullification Efforts
Michael Boldin [send him email] is the founder of the Tenth Amendment Center
Copyright © 2010 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.
Way to go Governor Freudenthal!
And when Wyoming is ready to consider putting even more teeth into the state sovereignty movement, then Wyoming should consider legislation similar to what Georgia, Oklahoma and Washington have on the legislative table. These states are considering legislation which would help stop illegal federal taxes from leaving their states in the first place. (Did you hear that bankrupt California?)
Consider the following Tenth Amendment Center article.
ResistDC: The Federal Tax Funds Act
http://www.tenthamendmentcenter.com/2010/01/18/re…
Hats off to you Governor. This country needs alot more like you.
You people crack me up. Go to http://www.ritholtz.com/blog/2009/11/fed-tax-sent…
Wyoming gets $1.11 back from the Federal Government for every $1 it sends in taxes. California gets 78 cents back for every dollar it sends to Washington. Taxes are not 'leaving' Wyoming – they are flooding in from all those Northern 'Blue' States. Yea, I know, one of you will have some crazy-ass reason this is not true that you heard from some talk-radio guy. Don't bother. The rest of us will keep paying your way out there in Wyoming (and a whole lot of other 'Red' States) and you guys go a head and keep living in your fantasy world.
A reminder:
Time was, red states were those that went Democrat, blue states were Republican.
Because Democrats are truth adverse, they insisted on a color reversal. MSM loved the idea, and so here we are, without truth in labeling.
I believe DOMA should be nullified as well even though I am against gay marriage. Its better to have the debate within one's own state rather than between states of the nation. It would make everyone happy in this country. California can marry gays while Arizona can not.
I'm not sure what new problems it might cause, but it seems to me that perhaps the answer is to get government out of the marriage business. Let the individual churches decide if they want to marry gay people. I don't think it's the government's business to tell anybody who they can or can't partner up with, as long as there is consent on both sides.
The people of California have said NO to gay marriage several times now so I don't think that would make us happy( only a very vocal minority).
Well, the gay marriage fight isn't one I care too much about, but less government seems to be a better answer in most cases than what the government proposes in almost all situations. In the interest of consistency and a strong belief in individual freedom I'll apply that rule to this issue too, unless I hear something better. The whole argument isn't about love as much as it's about private and public benefits, and to that I would say that the answer is to dump the public benefits and let the private companies decide what they want to do. Hospital visits are an issue that these solutions don't address, but there has to be a way to allow gays to visit their significant others without creating a bunch of new laws. How about giving their partners a piece of paper that says they're allowed to visit them in the hospital? I'm straight but I have some friends I could give a letter like that to because my family lives 1000 miles away. How hard is that? A federal Constitutional Amendment for this problem seems too much like taking an axe to a problem that could be fixed with a scalpel, (not to mention yet another violation of the Tenth Amendment, the real topic of this article) which is the fed's standard operating procedure, and a state vote is just another in a long list of examples of the tyranny of the majority.
I just wish the states would follow the pipelines that supply that spigot. When they finally realize where the Federal government gets its money (from the people of the STATES), they're going to feel rather silly.
Still, I can't help but get a bit excited whenever democrats like this guy and Schweitzer of Montana support state-sovereignty legislation. In my opinion, the Democrats have always been more inclined to support centralized government, but I think more people are beginning to see the bigger picture. It isn't about left versus right. It is about freedom versus control.
This was supposed to be a reply to "guest", sorry.
Its better to have the debate within one's own state rather than between states of the nation – do totally agree
I say good for him. and good for that state. Regardless of the Governor's motives, this is possotive move for the state and for the movement.
AWESOME,HANDS OFF TO THE DIS FUNCTIONAL GOVERNMENT.THEY COULDN'T RUN A DAIRY QUEEN.
They do if Barney Frank drinks milk (remember a famous Spanish curse?).
Kudos to Governor Dave and the Wyoming Legislature!
This is great to see!
I can't help wondering, however, if the Gov. would have been so supportive if he were seeking a 3rd term.
Also, since the Gov. is leaving office this year, it will fall to his successor to actually DO something in furtherance of this resolution.
When money stops flowing to Washington DC, then we'll see some action from the Feds in response. For now, every state is so dependent on Fed Funds that the leaders can't conceive of turning off the Federal Spigot.
States are "dependent" because they've been either seduced into believe they NEED these monies or else strong armed into accepting them as fact. Nobody NEEDS the Fed. They've only managed to lie and distort the facts long enough that people have been brainwashed into thinking they do. It's an illusion people need to snap out of and I suspect some are slowly coming around.
The bill passed the legislature with flying colors, so I doubt his runnign for re-election would have affected his decision here. More the better that he isn't, which is a popular decision in Wyoming as people here don't tend to like career politicians much. Look at how young (in terms of length of service) our Senators are.
As for more teeth, Wyoming's legislature also passed a Firearms Freedom Act which not only prohibits the BATFE from interfering in firearms made and distributed only in Wyo, but also ads a felony crime and punishment to agents who do interfere.
Yep, all this and many, many other reasons are why I say Wyoming is the last of the Free States.
NutJob crazy people who want to restore the confederate states of america lol at you kooks
STFU to you
Any other examples of your rapier-like wit?
No, they're trying to restore the United States Constitution, something your "progressive" hero FDR worked hard to kill, you collectivist, bleating little sheep.
troll
The Federal Govt. is broke … and they need the money from Wyoming they can get… got it.
US out of America!
Communist wrote: "NutJob crazy people who want to restore the confederate states of america lol at you kooks".
If you don't like the Constitution – GET THE HELL OUT OF THE COUNTRY.
56% of Americans now get some money from the Government – which they must STEAL from the other 44%.
Worse, Government workers are now paid more than non-government workers!!! That means every person has 1.3 government workers to support – and they make a higher salary than he does! How is it possible? Easy! Run on a deficit! And pretend that the Fed is saving America! Yay!
Sovereignty Resolutions are great and they are a good step forward, but they are by no means effective in reeling in the out of control federal government. Each state governor needs to re-establish the citizen militia and assist in arming and training the citizens. This gives teeth to the sovereignty actions. Each governor, by decree, issue a directive to allow all state citizens to keep their earned money. The federal government has proven itself to be irresponsible with the people's money and therefore can no longer be entrusted with said monies.
Giving our money to the federal government is like giving our money to a drug addict whose life is out of control and head for destruction.
We are controlled by international mafia (FED, Central Bankers, …). The Federal Reserve, a "private corporation"
found within the corporate reporting Dun & Bradstreet rules America. Again, THE FEDERAL RESERVE, is a
PRIVATE CORPORATION. The Rothschild mafia holds 64% of the Fed voting stock. Come on 10th ammendment!
The War of Northern Aggression was fought to destroy State’s Rights and it will take another war to restore the soverienty of the States. Individual States can pass all the 10th amendment resolutions they like, but when Federal troops occupy the State Houses and governor’s mansions, the resolutions will mean absolutely nothing. Let’s hope things have now reached the point where the people of the North and South will unite and fight a successful war to restore what was taken from us in 1865.
All your states are belong to us.
Umm…….I'm thinking about seceding my back yard so I can grow some…….. er……….. herbal palliative. Does anyone know if the tenth amendment covers backyards?
In fact it does. The tenth amendment states that any power not given to the federal government is reserved for the states or to the people so you can grow dope all you want and the fed won't care.
Governor says "Not one penny of federal tax shall leave the state!" DONE.
I think that would be a good idea. I think Indiana could do just fine without the hassle of that wacky federal income tax, maybe lift the load of the fanatical federalists that weighs hoosiers down. I dont think that hoosiers would let federal citizens starve, though. We could make reservations for them, where they could grow their own food and make their own clothes, and make things they could trade for the things that only paper money can buy. And if they did not know how to do that, I think that hoosiers would send these folks to survial school, where they would learn the skill to keep well fed, in good physical shape, and keep their own swelling bank acount from the product of their own labors. And, it would be no crime for a federal citizen to leave Indiana, and could go live in another federal enclave where they could apply for 'entitlements'.
Trade in congress and the two senators for an embassy staff, and there you have it. Watch for higher corn prices should this worthy plan ever come to fruition.
We are in theses 10th amendment resolutions quite literally demanding redress of theses Grievances from Washington D.C.
We are demanding that the Federal Government respect our Constitutional rights, as citizenry and States of the United States. We are demanding that they stick within the limitations of their Constitutionally delegated powers and stop treading upon our right to govern ourselves.
Theses are very important matters to us, because there can be nothing more important than our liberty!
We will not and should not be taking further more “aggressive” measures to defend our rights until the Usurper(the Federal government) has been given fair warring and a fair chance to correct itself. For what we are speaking of is very much a fight, and you don't start a fight until you have exhausted your “more peaceful” options of achieving redress.
Therefore let it be said that now is a time of testing for the United States Federal Government. Will it choose to be a Federal government or will it continue to reach for the unrestricted powers of unconstitutional tyranny. We await their choice.
Bill Benson proved the 16th Amendment did not pass ratification.
http://www.thelawthatneverwas.com
I noticed the name of FDR, our third fascist president. I’d call him a communist if there was a difference.
Lincoln was the first, Wilson was the second, and we’re getting a fourth.
Y’all have a fifth and be happy, while you can.
I could very well see the Federal government using the sovereignty issue and the tenth amendment to repeat another civil war for the same reasons the Union attacked the south to begin with, succession from the union. This time the history books won't say it's about slavery, they will say it's about terrorist. I expect… this could happen sooner rather than later for it would be bad strategy for the Union to allow the sovereign forces to accumulate.
Pure Democracy is a Religious Myth
The Greeks recognized the following forms of government: Republic, Democracy, Monarchy, and Tyrants.
They considered Democracy the worst, as once the people found that they could vote themselves the treasury, their city-state died.
Our founders truly were brilliant.
They knew of the adverse potential of human nature and the dynamic of an ever growing government.
I'm wondering how long it will be until Abe Foxman of the ADL whines "anti-Semitism" since these movements can only undermine the ability of a certain "ally" of ours to control resources and policies that ultimately arise from individual states.
A democrat taking such a stand is most impressive. Thank you for supporting the American people.
Remember, "it's WE the People………..not you the government"
I've got an even better suggestion. How about the fact that the CONstitution is nothing but some pieces of paper that were never signed by anybody, and has never been legally binding on anybody, which means that the criminal syndicate in DC calling itself the federal government is nothing but a criminal syndicate, and has no legal authority over ANYBODY? And that nobody in DC has EVER been a legal representative of ANYBODY in this "nation?"
I don't know about you, but I like it.
Great for folks in Wyoming. But to really get back to our original EMPOWERING laws (soon to be imposed from above in the KINGDOM OF GOD on Earth) we must scrap all manmade laws. Just obey Bible Lawt! ["Money" is "keceph" meaning silver. Repudiate paper money and such debt. Start using silver!]
BEFORE 1776, there was a monarch whose coronation oath (even that of ELizabeth II in 1953) was to uphold the "royal" Bible Law. Repudiate the humanist-revisionist scam since then, and force the monarch to obey and uphold the core law only in all places where it once ruled. It gives no authority to any person or group to revoke it! (A defective monarch can be given 40 days to correct his ways or be replaced: the gist of Magna Carta.)
PS: There is another problem Wyoming ignores (also ND,SD,MT,NE) . Lakota Indians separated from the federal regime! They claim a good chunk of land settled by Europeans! Quuickly and vocally declare what is NOT Indian land. Or globalist propaganda, hostile media, and force may crush your people… as I have seen occur in southern Africa!
I was born in Jackson Hole, Wyo. and spent my first 24 years in Wyoming. I moved to the Socialist State of Mexifornia (while it was still part of the US) in 1970 and have watched it deteriorate yearly because of the mentally ill liberals that infest this state. It is so refreshing to see states and Americans who love their country, taking a stand AGAINST communism and federal rule! There are still AMERICANS out there and I, for one need to see this.
What a typical wellfare rancher type: get out and give us more money!
Wyoming gets way more federal spending than it contributes to the coffers.
Perhpas they should, if so depise federal authority, give it back.
So as long as they stop taking federal funding, you would not be opposed to Wyoming choosing to basically opt out of federal programs? Seems fair to me.
A state does not decide whether a federal law or regulation complies with the Federal Constitution. The Supreme Court of the United States ultimately makes that determination (assuming the matter goes to court at all). So even as a symbolic gesture, this silliness has no real impact and serves no genuine purpose. It’s great for riling people up for the sake of getting attention, however.
So, if the Congress passed a law requiring you to go to a particular church every week, and it went to the Supreme Court and the Court ruled that the law was constitutional – would you think it was idiotic if your state passed a law saying that the people of your state would not comply?
Or, are you just a subject – happy to accept whatever your kings and queens demand of you?
I really don't understand the reasoning of people like Stranger412 and it would seem Bill O'reilly.
The Federal court is appointed and payed for by the Federal government, its powers are defined by the same Federal Constitution, in which theses people pre-supposes to invest in it the excursive power of interpretation.
If this is "our system" as Bill O'reilly. once calmed it to be then our system is a total farce.
History and evidence however seems to make it clear that this is in fact NOT how our system is made to work. Because even our founders knew that if you invested in the court the excursive power to rule on the constitutionality of a bill, the court itself not the constitution would become the supreme law of the land.
This is what has happened with the doctrine of past judicial precedent effectively becoming "law" as stronger then that of the law made by the people in their constitution, or their elected legislators in congress or their state.
This is the rule of an oligarchy, not a constitutional Federal republic. it is madness that anyone would proscribed to such a doctrine as legitimate even if it were the "intended workings of our system", which it clearly is not. Thou it is the current workings of our system after 200+ years of corruption.
I guess the continued growth and expansion of the use and distribution of medical marijuana, particularly in California, has been completely imagined, right, Stranger? If I remember correctly the SCOTUS deemed it a matter of interstate commerce, therefore granting supremacy to federal law. The ruling, in this case, did not end with state compliance, particularly because most logical people view the issue to be out of the purview of the federal government based on the enumerated powers of congress. So even as a symbolic gesture, the silliness of the SCOTUS ruling has no real impact and serves no genuine purpose, right, Stranger?
Mormons, and Facist BP dictates policy within that state, along with other globalist oil companie! its for show only to appease the natives for awhile..
It's all very well to protect the 10th Amendment, but most of these state govt. resolutions are pointless. As long as the 17th Amendment is there, enforcement of the 10th Amendment ain't gonna happen. State governments need to restore their check on Federal encroachment and say in Federal Govt. that they used to have! It used to be that State Governments appointed Senators instead of having them elected directly by the people. The people already had direct representation in the House. Having a bicameral legislature makes no sense when both houses represent the same factions. The Senate used to be the State Governments protectors from Fed encroachment.. State governments need to band together and get elected folks who will revoke the 17th Amendment and restore State Government say on how the Feds operate. These resolutions are just feel-good bluster otherwise. REVOKE THE 17TH AMENDMENT!
its about time, albeit FAR OVERDUE…..but the people must be pushed to it, because they are very near sighted.
stick this government jack, back in its box, DC. and out of my pockets and life.
I just want to make a clarification that Wyoming Watchdogs, did not support this bill until the very end until it became the popular choice. Meanwhile others and other organizations were doing the hard work and rallying support, when not one alert from Wyoming Watchdogs (I do happen to receive them) was sent out to support HB95, and not even the status of the bill was updated by them until the very end. However myself and many all over the state worked very hard to rally and alert folks to urge their legislators pass this legislation HB95 Firearms Freedom Act. At the beginning of the session there was another Firearms Freedom Act HB 28, of which lacked in content compared to HB95. Therefore we rallied to support HB95 because of the Penalty and Defense Clauses it had as well as more…
Brenda from Wyoming Watchdogs stood up during the House Committee when she was allowed to speak on behalf of her organization and openly did not support Representative Jaggi's HB95, instead she supported HB28 by Rep Miller. She even voiced that opinion after speak to the committee, to other organizations right to their faces she told them, she did not support Rep Jaggi's HB 95. Her reasoning?????? because legislation should not be "long and lengthy", despite the fact that HB95 had more teeth and protection to it. According to my source who was at the capital during the legislative process of HB95. So Wyoming Watchdogs basically took the attitude "Let's compromise" our standards, to get short and sweet legislation through? What so we can rub shoulders with the legislators???? They work for us, they are to do what the citizens of the state want; not what can we do to advance their careers.
The Wyoming Watch dogs refused to cover the status of HB95 until the very end of the legislative process even though myself and others forwarded them Wyoming Gun Owners alerts several times, until they caught on that the momentum was growing around the state and through the Grassroots efforts of Wyoming10a, Wyoming Gun Owners, some members of the Wyoming Patriot Alliance, as well as some Tea party and 9-12 groups. Along with assistance via alerts from Gun Owners of America, David Codrea, National Association of Gun Rights and even unaffiliated individuals who just took it upon themselves to do what they could to support their 2nd amendment rights…
Wyoming Watchdogs were no where to be found, until the bill became "popular" so they drag on the coat tails to try and gain publicity for their organization, that has done nothing but advocate compromise and falling over backwards to appease the legislators.
It's one thing to work from beginning to end in the grassroots effort, it's another to jump on the bandwagon and claim credit for something you had absolutely no interest in until it became convenient for your organization to support.
Wyoming Watchdogs focused their efforts on particular bills just as other WY grassroots groups did, with WWDogs primary focus on state sovereignty. As a result of WY grassroots groups, a fair portion of the critical bills for the 2010 session were covered.
Personal funds for traveling were limited to lobbying efforts for state sovereignty, and thus Wyoming Watchdogs did not have the funds to travel/lobby for the committee hearing on HB95. According to the state site, that committee hearing was on 2/17/10 ;http://legisweb.state.wy.us/2010/Digest/HB0095.ht… The 'source' for the above post has given misinformation on both attendance and thus public statements by any Wyoming Watchdogs for any firearms bills.
Legislative updates were sent out on a regular basis by WWDogs and posted at their site when new information was made available by LSO; those that WWDogs updated regularly included all of the firearms bills, not merely the 2 mentioned above. Legislative Alerts by Wyoming Watchdogs stand on its own and can be viewed athttp://www.wyomingwatchdogs.com to bring truth and clarity to the misinformation from the above post.
Lastly, it is the citizens of Wyoming who contacted their legislators faithfully during the 2010 budget session who are due credit for success of the passage of any bills or resolutions.
I would say go on an open day. Because that is when they are looking for people. If you just send pictures and they aren’t looking the pictures will probably just get trashed.