Remember the good old days, when one only had to watch out for the Federal Government’s twisted interpretation of the commerce clause to justify tyranny?

Well those days seem to be long gone.  The Obama Administration has been employing an old tactic lately – what some might call an imperial threat – and they’re not doing it overseas, either.

STATES UNDER THREAT

The state of Oklahoma is now the target of a direct challenge from US Attorney General Eric Holder, who is using the Civil Rights Act of 1964 as justification to violate Oklahoma’s sovereignty as affirmed by the Tenth Amendment to the US Constitution.

In a letter written to the State Attorney General in April, the Federal government used aggressive language, bringing up the possibility of withholding Federal funds appropriated for Oklahoma.  The reason?  A proposed amendment to the State Constitution, which requires voter approval, that would make English the official language of the State.

“What it indicates is the Federal Government’s contempt for the states, in this case Oklahoma, and for the idea of federal — as opposed to national — government. AG Holder believes that Oklahoma is an administrative subdivision of the USA, and that it is perfectly right for him to coerce Oklahomans to do his will. Who cares whether he has ever been to Oklahoma, met an Oklahoman, or thought about Oklahoma?” said Kevin Gutzman, an American historian and New York Times bestselling author.

Oklahoma is not alone as a state challenged by central authority in recent months.  Recently, federal firearms licensees in Tennessee and Montana received a letter from another Federal agency, the ATF, who had also issued a decree wrought with hubris – claims by the Federal government of their legal supremacy across the land.

DESTROYING LOCAL GOVERNMENT

“Both of these letters, particularly this letter to the Attorney General of Oklahoma, are very officious,” observed Rob Natelson, professor of law at the University of Montana.  “It reminds one eerily of the kinds of communications that started to come out from the Emperor to the local cities of the Roman Empire, beginning the course of the ultimate destruction of local government.”

Professor Natelson is a widely-recognized expert on the framing and adoption of the United States Constitution, and on several occasions, he has been the first to uncover key background facts about the Constitution’s meaning.  I knew this before our conversation.  What I didn’t know, however, was that he’s also been studying Roman Law and history for the past 50 years, and is responsible for several works in that field.

“During the 2nd century AD, the Roman Emperors began increasingly to interfere with local government and they did this with…letters…letters that look something like this,” continued Natelson, indicating the letter from Holder to Oklahoma.  “They started out as almost advisory and they got increasingly peremptory.  By the end of the 2nd century, there was very little local government left.  You had very few people, therefore, willing to participate in local elections; very little patriotic spirit towards one’s own province or city.  And this was the harbinger for the ultimate centralization of the Roman Empire.”

He continued with a strong, decisive tone, “Almost everyone who’s studied in that area agrees that the effect was to sap the life out of the empire, so that everything flowed to the center.  All that counted was the Emperor and his bureaucrats…and his courtiers.  I look at this and I see this letter which gets close to looking like an order from the central government down to a sovereign state legislature, and I say…WOW.  This looks like something that Septimius Severus would have sent to the local officials.”

In Columbus, Ohio last weekend, a rally in support of State Sovereignty drew around 7,000 people.  Judge Andrew Napolitano addressed the rally and made similar comments indicating the nature of our current point in US history.

“In the long history of the world, very few generations have been granted the role of defending freedom in its maximum hour of danger. This is that moment and you are that generation”

IMPERIALISM AND DECLINE

Are these men ‘crying wolf’?

“Some people might think that’s a far fetched analogy but I can’t emphasize enough how important this development is seen by historians.  When people think of the collapse of the Roman Empire they think of the fall of Rome in 476 AD.  The conversion of Rome from a relatively free state – almost a Federation – into a totalitarian state, really picked up speed and accelerated during the 2nd century [AD], with this increasing intermeddling by the central authorities in local state government.  That’s what it reminded me of,” recalled Natelson.

“[The DOJ] are not violating any law by sending these letters, but there’s a change in tone, there’s a new and disturbing tone in them.  At least the ATF letter was addressed to individuals.  This one is addressed to a state legislature – really, it’s a bit much. Besides the fact that there’s the tone, there’s the fact that they sent the letters at all.  Most of the letters that were sent out by the emperor were called rescripts, and that’s almost what [the letter from Holder] looks like.  The one difference is that a rescript was usually a reply to a request for advice.  In some ways this is worse than a rescript because this is unsolicited.  A better way to compare it would be to an imperial constitutio – an imperial decision or decree.” Natelson added.

His Roman analogy is worth considering, for several reasons.  Rome may have ended up a brutal dictatorship, but it began through a series of treaties between regions, and in some ways parallels present day America.

“When you draw comparisons between the U.S. and ancient Rome, you have to be very cautious, though Rome does have lessons to offer us and the history and results of the relentless centralization of the Empire is one of them,” Natelson continued.

THE OTHER WAY AROUND

If there’s a case to be made that the US is headed for the same sort of central plan that sucks the life out of a Republic, it would be difficult to imagine who in the United States could be encouraged by such a trend, outside of DC’s beltway.

“Certainly state legislators in Oklahoma and congressmen from Oklahoma should put the Federal Government on notice that they will support a substantial reduction in the budget for Holder’s portion of the federal bureaucracy so long as he is trying to coerce them in this way.” recommended Gutzman.

Worldwide trends in recent political elections do exhibit signs of a move away from central planner candidates, a trend the United States has been contrary to for nearly a decade, but perhaps the pendulum has reversed itself.

“As the economy grows increasingly complicated, increasingly interdependent and increasingly technological, centralized control (which never worked very well) works less and less, and people are less willing to stand for it.  This reflects a visceral gut reaction people have against centralized control, because they know from their own life it makes no sense, though it always takes time for those mega-trends to filter into the political class,” Natelson continued. “Eventually, when a mule gets hit over the head enough times it figures out what’s going on, and eventually the politicians will figure out what’s going on, too.”

People in the US are coming together by the thousands, demanding decentralization and nullification of Federal powers. Never before have the political elites had to contend with a non-partisan political force on such a massive scale.  A storm seems to be brewing; a maelstrom of everyday Americans rallying around the document designed to keep the government in fear of the people – instead of the other way around.

Bryce Shonka [send him email] is Media and Grassroots director for the TenthAmendmentCenter

Last November, I wrote an update entitled, “Preparing for an Expansion of Government.” In that update, I referenced how that over time, under both Republican and Democratic administrations, both parties have used the expansion of federal government as a tool to accomplish their various agendas and in doing so violated the important concept of states’ rights.

I also wrote about the possible upcoming expansion in the size and scope of the federal government due to the recent consolidation of liberal control over both the presidency and Congress.

Since that time, I have been contacted by a number of worried constituents who are desperate to know what can be done. They have contacted their U.S. Senators and Congressman but are terrified because with vote after vote, the U.S. Congress seems to be moving towards implementing a frightening new socialist agenda. They want their Oklahoma lawmakers to do whatever we can to stop this agenda.

I believe these types of calls and e-mails are also being placed and sent to other Oklahoma Representatives and I predict that next year there will be a significant number of 10th amendment/states’ rights legislative initiatives filed by Oklahoma legislators.

Several Representatives are considering filing a bill tailored after a measure that was signed into law in Montana earlier this year that seeks to keep the federal government from regulating the production and sale of firearms.

Traditionally, the federal government has regulated this industry through the “Commerce Clause” in the constitution. However, the Montana law seeks to provide a means by which the producers and users of the firearms can clearly document that the product in question was made in Montana and is thus not subject to federal regulation.

This type of creative concept can likely be expanded into other areas of policy ranging from health care to energy. For instance, Indiana, Minnesota, New Mexico, North Dakota and Wyoming have all considered proposals to take preemptive action against the pending federal mandates tied to the ongoing socialization of health care efforts by Congress.

The Arizona Legislature has passed a resolution that will allow the people of Arizona to vote on amending the state constitution to codify that no resident would be required to participate in any public health care option.

As more and more of the important votes are being lost at the federal level, the fight will move to the state level and the question before our legislative leadership and the Governor will be about whether or not they will allow important states’ rights legislation to go forward.

It is vital that we move forward quickly with this legislation before the federal judiciary is stocked with liberal appointees who will rule against states’ rights and try to strike down these laws.

I look forward to working with my colleagues in the Legislature to advance a strong platform of states’ rights legislation in the upcoming session.

Rep. Jason Murphey, R-Guthrie, represents House District 31, which encompasses all of Logan County and a portion of northern Edmond. Murphey also owns and operates WebTeks CMS. He may be reached via e-mail at jason.murphey@okhouse.gov.

Charles Key, State Representative from Oklahoma’s 90th District, discusses Oklahoma’s 10th Amendment Resolution, the Constitution and limits on the federal government’s power, the long-standing abuses of the constitution no matter which administration or party is in power, bailouts and real id as unconstitutional, why it’s urgent to act now, the OK gubernatorial campaign, the Firearms Freedom Act, and the constitution – not the federal government – as the source of law in the United States.

Mentioned in this Show:

Oklahoma Sovereignty Resolution

CharlesKey.com

@ckey – twitter

Facebook Page

Randy Brogdon for OK Governor

State Sen. Randy Brogdon said he was “elated” after the Senate joined the House in approving House Concurrent Resolution 1028, asserting Oklahoma’s sovereignty under the Tenth Amendment of the U.S. Constitution. An earlier legislative attempt by Brogdon to stop the federal government from overstepping its bounds was vetoed by Gov. Brad Henry.

“HCR 1028 will not have to go to the governor—and with its passage today, it will go straight to President Obama and Congress. We are telling them loud and clear to end all federal mandates that are beyond the scope of powers specifically outlined in the Constitution,” said Brogdon, R-Owasso.

Brogdon said under the U.S. Constitution, Congress does have the right to regulate trade, mint money and maintain a navy.

“These functions are clearly outlined and should be handled by the federal government, but the Washington politicians have gone too far. They use the promise of money, or the threats of withholding it, to coerce states into giving up their sovereignty,” Brogdon said.

Brogdon said numerous federal laws, including the Patriot Act, No Child Left Behind and federal homeland security requirements are examples of how the federal government has overstepped its powers. He said the federal stimulus program is a particularly alarming example.

“People think this is free money, but I assure you it is not free. We’re creating debt that will impact our children, grandchildren and probably even their grandchildren. Frankly, we may never be able to pay off this debt. Furthermore, there are strings attached to these funds,” Brogdon said. “I can assure you, the federal government does not have the authority to dictate Oklahoma’s budget, but that’s exactly what they’re attempting to do.”

For more information contact:
Sen. Brogdon’s Office – 405-521-5566

(h/t Charles Henry)

Introduced on April 29, 2009, HCR1028 is “A Concurrent Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.”

The resolution, which passed the House 73-22 on May 4th, does not require a signature from the Governor.

Click here to read the full text of the resolution

Here’s the final tally:

    YEAS:   73

    Armes              Hickman            McNiel             Sherrer
    Banz               Holland            Miller             Shoemake
    Blackwell          Jackson            Moore              Smithson
    Brannon            Jett               Murphey            Steele
    Christian          Johnson            Nelson             Sullivan
    Coody              Jones              Ortega             Terrill
    Cooksey            Jordan             Ownbey             Thompson
    Cox                Joyner             Peters             Thomsen
    Dank               Kern               Peterson           Tibbs
    Denney             Key                Proctor            Trebilcock
    Derby              Kirby              Pruett             Walker
    DeWitt             Lamons             Reynolds           Watson
    Dorman             Liebmann           Richardson         Wesselhoft
    Duncan             Luttrell           Ritze              Wright, H.
    Enns               Martin, Sc         Rousselot          Wright, J.
    Faught             Martin, St.        Sanders            Mr. Speaker
    Fields             McCullough         Schwartz
    Glenn              McDaniel, R.       Sears
    Harrison           McMullen           Shannon            

    NAYS:   22

    Auffet             Collins            McAffrey           Scott
    Bailey             Hamilton           McDaniel, J.       Shelton
    Brown              Hilliard           McPeak             Shumate
    Buck               Hoskin             Morgan             Williams
    Cannaday           Inman              Pittman
    Carey              Kouplen            Roan               

    EXCUSED:    6

    Billy              Morrissette        Osborn
    Kiesel             Nations            Renegar            

    CONSTITUTIONAL PRIVILEGE:    0

Read the full text of the resolution here. (h/t AirForceBrat)

Introduced on April 29, 2009, HCR1028 is “A Concurrent Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.” (h/t AxXiom for Liberty)

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 HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:

THAT the State of Oklahoma 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.

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.

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.

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 President of the Senate of each state’s legislature of the United States of America, and each member of the Oklahoma Congressional Delegation.

Here is the full veto message:

“Without question, the state of Oklahoma and its leaders support the U.S. Constitution and the rights it guarantees to the states and their citizens, and there is no need to spend valuable legislative time on a resolution expressing support for any particular amendment or constitutional right. Furthermore, HJR 1003 alleges, without offering any evidence or explanation, that past and current U.S. leaders may have violated the Constitution and committed crimes against the states and the country. HJR 1003 also implies that the state should reject federal tax dollars paid to Washington, DC, by Oklahoma citizens, an act that would prevent our tax dollars from being used in Oklahoma to address critical needs in transportation, education, health care, law enforcement, veterans programs and many other vital services beneficial to our state. In short, HJR 1003 could be detrimental to Oklahoma and does not serve the state or its citizens in any positive manner.”

Had the governor signed the resolution, it would have been distributed to the President, the U.S. Congress and other federal offices as an official statement from the state of Oklahoma.

A two-thirds majority in both the house and senate will be required to override Henry’s veto.

The steps taken in the past few days by Congress to give the federal government nearly 800 billion dollars worth of increased power reminds me of a column I wrote last November. In that article I wrote about the expected expansion of the federal government and how I felt the issue of state’s rights could once again be a significant issue in the Oklahoma Legislature this year.

It is important to note that in comparison to state governments, the federal government was created by our founders to be small and limited. This is because the people have a much stronger voice at the state level, whereas the ability of people to effect change is greatly limited at the federal level, and nearly non-existent on the global level of government.

Both political parties have used the expansion of the federal government as a tool to accomplish their various agendas. Now a group of aggressive liberals can use that power not only to move America to the left but to build upon itself and increase in size, making the federal government more expansive and powerful than ever before.

As a result, a bigger federal government will likely be most responsive to those only with enough money and influence to use that power to benefit themselves. This will leave the responsibility for paying for big government to the average taxpayer who cannot afford to invest in lobbyists and politicians in order to manipulate the system for their benefit.

This means that we can expect the federal government to reflect the desires of powerful special interests, liberal politicians and their support groups like ACORN (the possible recipient of 2 billion dollars because of the stimulus bill).

This week the Oklahoma House of Representatives Rules Committee voted unanimously to support House Joint Resolution 1003 authored by State Representative Charles Key. Key’s proposal should now be headed to the floor of the House where I look forward to supporting it.

HJR 1003 seeks to reassert Oklahoma’s sovereignty under the Tenth Amendment to the U.S. Constitution, and according to the resolution’s language, serves as “Notice and Demand to the federal government, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.”

The Tenth Amendment states: “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.”

Representative Key has made it clear that during the last few decades he believes that the Constitution has been hanging by a thread.

While a similar resolution passed with the support of the Oklahoma House during the last session of the Legislature, it appears to have failed to receive a hearing in the Oklahoma Senate. This year, with new leadership in place in the Oklahoma Senate, I am hopeful HJR 1003 will receive a fair hearing.

I consider it an honor to support Rep. Key’s efforts in this regard. But, it is also going important for the state to refuse to participate in new inappropriate federal programs such as the apparent expansion of the welfare program included in the stimulus bill. No doubt advocates of Oklahoma’s participation in this scheme will say that we must bring in new federal dollars by adding more welfare recipients. I say it is time to stand up to the federal government and it’s latest expansions.

Jason Murphey [send him email] is the Oklahoma State Representative Representing Oklahoma House District 31 including Logan and Oklahoma counties. Murphey also owns and operates WebTeks CMS.