There ARE legislators who understand states’ rights issues.

In March, the Oklahoma House of Representatives passed a Tenth Amendment Resolution by a vote of 92 to 3. The resolution affirmed the State’s power over matters not specifically delegated to the federal government by the United States Constitution. Once passed by the House, it went to the Oklahoma Senate, and then its rules committee, where unfortunately it stayed until the session ended at the end of May.

Nonetheless Representative Charles Key and his colleagues should be commended for authoring the legislation and for being great examples for other states. We emphasize that while some may take this type of legislation as “standing up against the Federal government”, what it is really doing is standing up for the principles espoused in the United States Constitution.

The bill’s status can be found by going to the state’s bill tracking page at http://webserver1.lsb.state.ok.us/WebBillStatus/main.html , clicking “basic search form” in the left column, and then typing “hjr1089″ in the “measure number” field, and clicking the “retrieve” button. (Here is a link to understand the path of a bill in the Oklahoma state legislature – http://www.oksenate.gov/about/billtolaw.html )

To find the version of the bill that went to the Oklahoma Senate, click on “engrossed” at the top of the bill’s status page. We have copied that version below.

————————————————————————————-

ENGROSSED HOUSE

JOINT

RESOLUTION NO. 1089 By: Key, Dorman, Johnson (Dennis) and Reynolds of the House

and

Brogdon of the Senate

<StartFT>A Joint 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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.<EndFT>

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 2008, 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 AND THE SENATE OF THE 2ND SESSION OF THE 51ST OKLAHOMA LEGISLATURE:

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.

Passed the House of Representatives the <13th> day of <March>, 2008.

Presiding Officer of the House of

Representatives

Passed the Senate the ____ day of __________, 2008.

Presiding Officer of the Senate