Article 3 in Series, Restoring Freedom: An Entrepreneur’s Perspective

We must bring our revolutionary product of individual freedom to market, and soon; otherwise servitude, Washington D.C.’s product of choice will monopolize and we will see out market share for freedom disappear and our great experiment in self-government fail.

Crossing the Chasm, a book focused on bringing technology products to market, presents an analogy based on World War II Europe. After Hitler took control of Europe, the Allies were left without a front to counter Axis aggression. At the time many considered Europe lost. The Allies, faced with an impossible task, developed a strategy to liberate Europe. That’s what we need: a strategy to liberate freedom itself.

Here’s what the book says about crossing the chasm: “This is not the time to focus on being nice. As we have already said, the perils of the chasm make this a life-or-death situation for you. You must win entry into the mainstream no matter what resistance is posed. So, if we are going to be warlike, we might as well be so explicitly.”

So here’s our strategy, we cross the English Channel and re-take Normandy, therefore reclaiming state sovereignty; then we use this beach head as a front to re-take Europe, demanding individual freedom and smaller federal government. In order to cross the English channel we must first assemble the right invasion force, which is a strong mix of grassroots individuals, state level politicians and any national level politicians willing to give power back once they get to Washington. We will need to have the right message that is suitable for the early majority. Remember, the early majority will not be interested in the 10^th amendment for historic or visionary reasons. They will want to know how a movement based on the 10^th can help them improve their daily lives or their children’s future. This communication will be easier over time as more pain from socialism becomes apparent, but reversing the trend right now would be much easier. So we can’t wait, we need to move forward today.

In 2010 our goal is to take over state governments thus liberating our Normandy, state sovereignty; but in preparation we must put together the invasion force. That is our goal for the next 12 months. To achieve this goal, every bit of effort must be placed on the task at hand. As individuals, we must regain control of state governments at all costs. And then we must focus these state governments on the federal government as a legal counter to federal power. For if we do not reclaim this undeniably legal front, guaranteed by the 10^th, then all is lost and we may find ourselves years from now resorting to a much less attractive option, guaranteed by the 2^nd.  No doubt this will happen if we continue our unfocused strategy of attacking whatever issue of the day the media or the politicians tell us to focus on.

As individuals, we must regain control of our state governments and use this to as our “beachhead” to defend our life, liberty and property.

So now that we know what needs to be done, let’s get to it. Just as the Allies faced a fortified beach head when the amphibious assault landed on the Normandy shores, we face massive barriers as we attempt to reassert the 10^th amendment. In 1913, states were stripped of much power when the 16^th and 17^th amendment were ratified. Since then, states have been thrown to the wolves of the progressive movement and judicial rulings have supported abuse of the interstate commerce clause and the welfare clause. This federal abuse of the Constitution is clearly at odds with our Founder’s intentions. Our goal must be to destroy these fortifications as we move forward with our invasion force.

As visionaries supporting the 10^th, many of us find the concepts behind it a strong enough argument to support the movement. The early majority, or the mainstream, does not share this enthusiasm but they can be reached. Consider the following tactics:

• Completely satisfy buying objectives of mainstream. We must clearly communicate the reasons for buying individual freedom in terms of the 10^th amendment. Then we must accomplish all buying objectives for our supporters. In other words, by working at the state level, we are working within a system that we can put together the resources to make significant changes in the short term, and we must develop tangible results to further grow the movement.

• Establish word-of-mouth marketing. For this develop there must be a critical mass of informed individuals who meet from time to time and by exchanging views reinforce the value of the product being sold. We should challenge unconstitutional laws based on the Constitution an the 10th amendment to increase exposure. Additionally, educating existing grassroots movements is key to this tactic.

• Become the market leader. This is very important. The early majority buys products from the market leader. That is why most people feel like they only have a choice between the Republicans and the Democrats. State sovereignty needs to be positioned and then marketed as the market leader in solutions for regaining individual freedom. This can be accomplished by making the 10^th amendment one of the top priorities of the Tea Party and 9/12 movements, recruiting vocal state legislators, supporting and putting in place dedicated governors and then working resolutions and bills at the state level that challenge unpopular federal laws.  Until a stronger movement is developed, targeting changes at the federal level will be very difficult because there will be very little incentive for a national politician to give back power to the states. This will have to be demanded at a later time. However, we should champion national leaders that are dedicated to our cause.

Many may claim that their individual “most important” issue should be the rallying point for regaining our freedom. However, any other issue, regardless of its popularity, does not have the ability to provide a more local, legitimate base of political power. Consider this business analogy… when a startup company seeks investment they must convince the venture capitalists that they have a revolutionary product with a disruptive technology and a management team capable of bringing the product to market. They understand that the only way to create massive change and thus massive wealth is to provide undeniable value to customers and fundamentally improve the way the customer does business. Therefore, they usually seek to invest in companies that can provide a core, fundamental platform that has the potential to provide the foundation for many other complementary products. They typically do no invest in the add-on products.

Every social, political or economic freedom must be defended first by a political power base that is specifically accountable to individuals intent on defending those freedoms at all cost. You can think of state sovereignty as the core technology and anything else as an add-on product. Winning state sovereignty is the key.

Just like the plan to re-take Normandy provided the allies with a front to retake Europe, a plan built on the 10^th provides a front to retake individual freedom. So are we ready to send in the amphibious assault… not so fast, we need to assemble the right forces, determine the right message for the early majority, and dedicate ourselves to the political fight of our lives. Then we might be ready.

Brian Roberts is the President and a founder of an innovative software company in Texas. He has joined the tenth amendment movement as the meetup organizer of Texas Tenth Amendment Center. Follow Brian on Twitter, bcroberts_99.

On August 10, 2009, Alabama State Representative Mac Gipson along with 22 other co-sponsors, introduced House Joint Resolution 10 (HJR10).  The purpose of the resolution is to “affirm the rights of all states including Alabama, based on the provisions of the ninth and tenth amendments to the United States Constitution.”

HJR10 was introduced on the first day of the Alabama Legislature’s 2009 First Special Session.  An Extraordinary (Special) Session can consist of no more than 12 Legislative (meeting) days, within a 30-day calendar period.

The resolution was read and referred to the House of Representatives committee on Rules.  Two similar resolutions were previously introduced in the Alabama 2009 session, but neither were brought to a floor vote.

If HJR10 passes both houses of the legislature, Alabama would be the eighth state to pass a resolution affirming sovereignty under the 10th Amendment, joining Alaska, Idaho, North Dakota, South Dakota, Oklahoma, Louisiana, and Tennessee.  Similar resolutions have been introduced in thirty-seven states in the past year.

While the resolution is not legally binding, supporters say it’s an important first step to “serve notice” to the federal government that it’s exercising powers not delegated to it by the People in the Constitution.  They say that state-level nullification of federal laws is the next step, and efforts have already begun on this in a number of states. 

Montana and Tennessee, for example, have passed laws exempting people of their state from certain federal firearms regulations.  In 2010, Arizona voters will have the option of approving a state constitutional amendment that would effectively ban a future national health care plan in the state.  Similar laws and amendments are being considered in states across the country.

Read the Full Text of House Joint Resolution 10 below:

WHEREAS, the Alabama Legislature declares that the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state, and shall exercise and enjoy every power, jurisdiction, and right pertaining thereto, which is not expressly delegated by them to the United States of America in the Congress assembled; and
 
WHEREAS, some states when ratifying the Constitution for the United States of America recommended as a change, “that it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid are reserved to the several states to be by them exercised”; and

WHEREAS, these recommended changes were incorporated as the Ninth Amendment, where the enumeration of certain rights shall not be construed to deny or disparage others retained by the people, and as the Tenth Amendment, where 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 several states of the United States of America, through the Constitution and the amendments thereto, constituted a general government for special purposes and delegated to that government certain definite powers, reserving each state to itself, the residuary right to their own self government; now therefore,

BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That based on the above principles and provisions, we hereby declare by this resolution, that any act by the Congress of the United States, Executive Order of the President of the United States, or Judicial Order by the federal courts which assumes a power not delegated to the government of the United States of America by the Constitution and which serves to diminish the liberty of any of the several states or their citizens shall abridge the Constitution. We further declare that acts which would cause such an abridgement include, but are not limited to, each of the following:

(1) Establishing martial law or a state of emergency within one of the states comprising the United States of America without the consent of the legislature of that state.

(2) Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.

(3) Requiring involuntary servitude or governmental service of persons under the age of eighteen other than pursuant to, or as an alternative to, incarceration after due process of law.

(4) Surrendering any power delegated or not delegated to any corporation or foreign government.

(5) Any act regarding religion, further limitations on freedom of political speech, or further limitations on freedom of the press.

(6) Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition.

BE IT FURTHER RESOLVED, That a copy of this resolution shall be forwarded to the United States Senate, the United States House of Representatives, and each member of the Alabama Congressional Delegation.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

Freudenthal, a 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. 

MEMORANDUM

To: Management Council Members
From: Dave Freudenthal, Governor
Date: July 28, 2009
Re: Sovereignty Resolution

As you know, individual states have been adopting Sovereignty Resolutions over the past few years.  Such resolutions have been considered by the Wyoming Legislature over the years as well. Representative Illoway is working on one for this session.

The attached version expands slightly on the versions currently circulating.  The resolution includes a list of specific federal laws and a reference to the idea that retaining lands in federal ownership runs afoul of the “equal footing” doctrine.  I am enclosing a possible resolution for your consideration.  Clearly this is ultimately a legislative prerogative.

From time to time we all wonder whether sending resolutions to Washington, DC really does any good.  On the other hand, it’s nice to at least get our view on the record.

DRAFT

A JOINT RESOLUTION requesting Congress to cease and desist from enacting mandates that are beyond the scope of the enumerated powers granted to Congress by the Constitution of the United States.

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 2010, the states are demonstrably treated as agents of the federal government; and

WHEREAS, many powers assumed by the federal government and federal mandates 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, section 4, article IV, of the Constitution provides, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment provides, “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, the Congress of the United States frequently considers and passes laws, and the executive agencies of the federal government frequently promulgate regulations, the constitutional authority for which is either absent or tenuous, including, without limitation, the Real ID Act (which imposes significant unfunded mandates upon the states with respect to the traditional state function of driver’s licensing), the Endangered Species Act (which, as construed by the United States Fish & Wildlife Service, authorizes a federal executive agency to require specific legislation related to the traditional state function of wildlife management), the Clean Water Act (which, as construed by the Environmental Protection Agency, authorizes a federal executive agency to exercise regulatory jurisdiction over waters which are not subject to federal regulation), the Federal Land Policy and Management Act (which implements a policy of federal lands retention in derogation of the “equal footing” doctrine); 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 MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:

Section 1.  That the Wyoming Legislature 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.

Section 2.  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.

Section 3.  That all compulsory federal legislation that directs the states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed.

Section 4.  That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, the President of the Senate and Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation, with a request that this resolution be officially entered in the congressional record as a memorial to the Congress of the United States of America.

Eustis, Florida – State Senator Carey Baker (R-Eustis) has introduced a memorial in the Florida Senate reaffirming the principles of the 10th Amendment to the U.S. Constitution.

The memorial, awaiting an official Senate number, urges “Congress to honor the provisions of the Constitution of the United States and United States Supreme Court case law which limit the scope and exercise of federal power.”

“Now more than ever, state governments must exercise their Constitutional right to say no to the expansion of the federal government’s reckless deficit spending and abuse of power,” Senator Baker said. “With this resolution, our Legislature can send a message to Washington that our state’s rights must be respected.”

Baker spoke at July 4th weekend Tea Parties in Gainesville and Orlando, where he announced his sponsorship of the resolution that affirms the 10th Amendment’s provision that rights not expressly given to the federal government in the Constitution are “reserved to the States respectively, or to the people.”

Similar state sovereignty resolutions have been introduced in thirty-six other state legislatures across America. So far, seven states have had both houses of their legislature approve a sovereignty resolution, while three states have rejected them.  Two Governors, Palin of Alaska and Bredesen of Tennessee, have signed state sovereignty resolution.

Florida Groups Supporting State Sovereignty:

• The Tampa 9-12 Project
• Bay Patriots, Inc.
• Daytona Beach 9-12 Project
• Sovereignty Action Committee
• (contact us to have yours listed)

Read the full text of the memorial below:

WHEREAS, the Tenth Amendment to the Constitution of the United States proclaims: “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 scope of federal power as being that specifically granted by the Constitution of the United States and no more, and

WHEREAS, the limitation of power contained in the Tenth Amendment established the foundational principle that the Federal Government was created by the states specifically to be an agent of the states, and yet currently the states are demonstrably treated as agents of the Federal Government, and

WHEREAS, many federal laws are in direct violation of the Tenth Amendment, and

WHEREAS, the Tenth Amendment ensures 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 of the Constitution of the United States begins: “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States declares: “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 ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress does not have the authority to simply commandeer the states’ legislative processes by compelling the states to enact and enforce federal regulatory programs, and

WHEREAS, a number of proposals from previous administrations and some proposals 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 Legislature of the State of Florida: That the Legislature 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.

BE IT FURTHER RESOLVED that this memorial serves as a notice and a demand to the Federal Government, as our agent, to cease and desist, effective immediately, from issuing mandates that are beyond the scope of these constitutionally delegated powers.

BE IT FURTHER RESOLVED 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.

BE IT FURTHER RESOLVED that copies of this memorial be dispatched to the President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives, to the presiding officers of each state legislature of the United States of America, and to each member of the Florida delegation to the United States Congress.

The goal of the memorial is to serve “as a notice and a demand to the Federal Government…to cease and desist, effective immediately, from issuing mandates that are beyond the scope of [their] constitutionally delegated powers.”

Florida is now the 37th state where such a resolution has been introduced.  So far, seven states have had both houses of their legislature approve a sovereignty resolution, while three states have rejected them.

See a full list of state resolutions here.

Florida Groups Supporting State Sovereignty:

• The Tampa 9-12 Project
• Bay Patriots, Inc.

Read the full text of the memorial below:

WHEREAS, the Tenth Amendment to the Constitution of the United States proclaims: “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 scope of federal power as being that specifically granted by the Constitution of the United States and no more, and

WHEREAS, the limitation of power contained in the Tenth Amendment established the foundational principle that the Federal Government was created by the states specifically to be an agent of the states, and yet currently the states are demonstrably treated as agents of the Federal Government, and

WHEREAS, many federal laws are in direct violation of the Tenth Amendment, and

WHEREAS, the Tenth Amendment ensures 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 of the Constitution of the United States begins: “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States declares: “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 ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress does not have the authority to simply commandeer the states’ legislative processes by compelling the states to enact and enforce federal regulatory programs, and

WHEREAS, a number of proposals from previous administrations and some proposals 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 Legislature of the State of Florida: That the Legislature 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.

BE IT FURTHER RESOLVED that this memorial serves as a notice and a demand to the Federal Government, as our agent, to cease and desist, effective immediately, from issuing mandates that are beyond the scope of these constitutionally delegated powers.

BE IT FURTHER RESOLVED 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.

BE IT FURTHER RESOLVED that copies of this memorial be dispatched to the President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives, to the presiding officers of each state legislature of the United States of America, and to each member of the Florida delegation to the United States Congress.

The Tenth Amendment to the US Constitution isn’t a daily news header, but it should be. More than 35 states have passed, or are considering, a resolution to remind the federal government there is a limit to central government power. That limit was set forth in the 10th amendment, part of the Bill of Rights Patrick Henry and others wanted added to the US Constitution.

In an excellent essay at the Library of Congress, excerpted from the introduction to the book ‘A More Perfect Union,’ Roger A. Bruns wrote, “The anti-Federalists, demanding a more concise, unequivocal Constitution, one that laid out for all to see the right of the people and limitations of the power of government, claimed that the brevity of the document only revealed its inferior nature.” Bruns wrote, “By the fall of 1788 [James] Madison had been convinced that not only was a bill of rights necessary to ensure acceptance of the Constitution but that it would have positive effects.”

Many Americans don’t realize the Bill of Rights came after the main body of the Constitution, a response to concerns about the scope of a government made possible by the Constitution.

The Tenth Amendment Center is a repository for information about the movement based specifically on language in the amendment it is named for: “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.”

Over the last decade, administrations from both parties seem to have forgotten this amendment. The federal government has been on one long march to complete centralization of power for many years. Franklin Delano Roosevelt was an excellent example of a president who ignored limits on federal governance, and that can be said of many recent presidents as well.

The current administration, despite being praised for intellectual rigor, seems bent on near-complete dismissal of the Tenth Amendment. Many of us believe socialism too kind a word for the direction our country is taking—it’s closer to totalitarianism.

If that sounds shocking, consider this definition of a totalitarian: “relating to or operating a centralized government system in which a single party without opposition rules over political, economic, social, and cultural life.”

Americans are beginning to see the light as personal freedoms erode. We face record taxes on many different levels of income and commodities. Soon we may be subject to a government mandate to buy health insurance whether we want to or not. Tax dollars have gone to select corporations, many of them with union pensions that needed a bailout. We see science politicized, with promises of record consumer costs for energy if the Democratic Congress has its way.

We see Senate seats bartered in an open market, and senators who have served beyond healthy limits such as Teddy Kennedy, Robert Byrd and Harry Reid. A Rasmussen poll found 44 percent of those surveyed believe the Constitution doesn’t restrict government enough. The way I see it, the Constitution and the Bill of Rights do restrict government enough. Congress, the executive and the judicial branch simply ignore it and voters for unfathomable reasons keep people like Kennedy in office.

A states’ rights movement has never been more timely considering the complete abandonment of common sense in growing a government we cannot sustain, in growing a government that will ultimately own your body if single payer health insurance comes to fruition. More than 200 years ago, a visionary saw the writing on the wall and his words seem prophetic today.

“The United States are to be melted down into a despotic empire dominated by ‘well-born’ aristocrats,” said Samuel Bryan in an essay published in 1787.

The Tenth Amendment movement is a response to that fulfilled prophecy.

Kay B. Day [send her email] is editor of The US Report, and lives in Jacksonville, FL.  Her writing has been syndicated in numerous publications including UPI, the CS Monitor, and Sky News.

**This article is published with permission of the author and TheUSReport.com

This week, Tennesse Governor Phil Bredesen signed House Joint Resolution 108 (HJR0108), authored by State Rep. Susan Lynn.  The resolution “Urges Congress to recognize Tennessee’s sovereignty under the tenth amendment to the Constitution.”

The House passed the resolution on 05/26 by a vote of 85-2 and the Senate passed it on 06/12 by a vote of 31-0.

Six other states have had both houses of their legislature pass similar resolutions – Alaska, Idaho, North Dakota, South Dakota, Oklahoma and Louisiana – but Tennessee is the first to have such a resolution signed by the Governor.

A GROWING MOVEMENT

Passage of this resolution appears to be part of what is now a growing state-level resistance to the federal government on various levels.   Similar 10th Amendment resolutions have been introduced in 36 states around the country, and various states are considering single-issue legislation in direct contravention to federal laws.

Most recently, the Arizona Legislature passed a measure for public approval on the 2010 state ballot that would give Arizona voters the opportunity to nullify, or opt out, of any potential national health care legislation.

Since 2007, more than two dozen states have passed legislation refusing to implement the Real ID act of 2005.  In response, the federal government has recently announced that they want to “repeal and replace” the law due to a rebellion by states.

Pending legislation in states around the country also includes preventing state law enforcement officials from enforcing federal laws, refusing federal gun regulations, refusing to send a state’s national guard to any duty other than what the constitution authorizes, legalizing marijuana for various purposes and more.

A FIRST STEP

While HJR0108 is strongly-word in support of the principles of limited, constitutional government that the 10th Amendment represents, it is a Joint Resolution and does not carry with it the force of law.  But supporters say that this is an important first step to get their message out not only to grassroots supporters, but to the media, and legislators in other states as well.

In additional to calling  on the federal government to abide by the constitution, it also states that  “a committee of conference and correspondence be appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several states, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.”

Read the final version of the resolution 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, 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; now, therefore,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE

CONCURRING, that we hereby affirm Tennessee’s 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.

BE IT FURTHER RESOLVED, that a committee of conference and correspondence be appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several states, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of Tennessee’s Congressional delegation.

CLICK HERE FOR A FULL LIST OF STATE SOVEREIGNTY RESOLUTIONS

The State House passed the resolution on 05-26-09 by a vote of 85-2.

Tennessee joins Alaska, North Dakota, South Dakota, Idaho and Oklahoma – as the sixth state to have both their House and Senate pass a resolution in support of the 10th Amendment.

The final vote was 31-0. (h/t Steve Rowland)

Read the final version of the resolution 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, 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; now, therefore,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE

CONCURRING, that we hereby affirm Tennessee’s 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.

BE IT FURTHER RESOLVED, that a committee of conference and correspondence be appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several states, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of Tennessee’s Congressional delegation.

The resolution urges Congress to recognize Tennessee’s sovereignty under the 10th Amendment, and is ready for transmittal to the State Senate.

Read the full text of the resolution 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, 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; now, therefore,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE

CONCURRING, that we hereby affirm Tennessee’s 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.

BE IT FURTHER RESOLVED, that a committee of conference and correspondence be appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several states, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of Tennessee’s Congressional delegation.