North Carolina: Sovereignty Under the 10th Amendment
27. Mar, 2009 
19 Comments
In North Carolina, State Reps Cleveland, Justice, and Blackwood have filed H849 “supporting the state’s right to claim sovereignty over certain powers under the Tenth Amendment to the Constitution of the United States.”
Here’s the full text:
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 mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and
Whereas, Section 4 of Article IV of the Constitution of the United States 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 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:
SECTION 1. The North Carolina House of Representatives supports the State’s right to claim sovereignty 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.
SECTION 2. The North Carolina House of Representatives urges the federal government, as the agent of the State, to cease and desist, effective immediately, mandates that are beyond the scope of any constitutionally delegated powers.
SECTION 3. The North Carolina House of Representatives further urges that 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.
SECTION 4. The Principal Clerk shall transmit a certified copy of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the North Carolina Congressional Delegation.
SECTION 5. This resolution is effective upon adoption.
(h/t North Carolina State Sovereignty Movement)
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Every citizen of North Carolina should write the members who sponsored this bill and thank them. You should also write and call, or go see everyone that has NOT.
It doesn’t matter if you’re a Democrat, Republican, or Unaffiliated; if you are a registered voter in North Carolina, you have a vested responsibility to demand that your representative uphold his or her oath to the North Carolina and U.S. Constitutions.
Anything less, makes our state motto “To Seem, Rather Than To Be.”
North Carolina Governor Zebulon Baird Vance said:
“When you find you have scoundrels and scalawags in office, you need to turn them out, and you need to keep turning them out until you send honorable men to Washington.”
If that advice is true for Washington, D.C., it should apply even more so in the great North State.
We can expect them to do their job, if we do not do ours. Part of our job is to make sure they do theirs. Remember, they are OUR employees. Remind them to read the “employee handbook,” (the Constitution) they each swore they would defend to the best of their abilities.
If their abilities or character are so weak that they can’t find it in themselves to support this bill, TURN THEM OUT!!
Godspeed
This is a great thing I think, but will it make a differnce? We shall see.
Well done Mr. Cleveland, Mr Justice and Mr Blackwood.
We the People are very proud of your dedication and zest for our State and our rights.
We will support and stand by your sides when the others who know not how valuable freedom is attacks you Gentleman.
May Heaven Bless each of you
There appears to be some good organization going on in North Carolina – hoping to see good things happen there!
There are 29 co-sponsors as of March 26th. Why are there no Democrats? Don’t they care about the Constitution? Action speaks louder than words.
I’m all in
and again if I did’nt say it before Thanks for your dedication. Please let me know how I can Help!!!
Rep. Wil Neuman, Gaston, wrote me this afternoon to share that he intends to co-sponsor HR 849. According too Rep. Neumann, legislators have until one hour after today’s session ends to co-sponsor this bill.
This is the letter I sent to every member of the N.C. General Assembly:
Dear Employee,
As a citizen of North Carolina, I felt compelled to start this letter with “Dear Employee” for a reason. I wanted to remind each of you who you work for: the legal citizens of the great state of North Carolina who’s Constitution you swore an oath to. Some of you have forgotten that.
Ever hear of the 10th Amendment? 29 of you remembered that last Thursday, and to you I say thank you! You should amend this bill though, to add some repercussions such as withholding tax monies from Washington for things that are un-Constitutional. Use that money to take care of the sovereign needs of North Carolina.
“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.”
Why is it that of the 29 co-sponsors of HR 849, not one single Democrat name appears on this bill? This is NOT a Republican issue. Democrats took the same oath, did they not? None can argue with any credibility that Washington has not stomped all over the U.S. and North Carolina Constitutions.
It does not matter whether it was George Bush or Barack Obama; whether it was a Democrat-controlled Congress, or a Republican-controlled Congress, the usurpations of the Constitution have been equally outrageous, and yet, most of you sit on your hands. Why?
Governor Zebulon Vance, North Carolina’s favorite son, (a Democrat), said:
“When you find you have scoundrels and scalawags in office, you need to turn them out, and you need to keep turning them out until you send honorable men to Washington.”
I have to ask again: Why has not one member from the party of our “favorite son,” and most famous governor stood up for our state’s rights and co-sponsored this bill? Should we take Governor Vance’s advice and “turn you out?”
Be loyal to your oath of office, don’t just seem that way for the cameras when you stick your hand in the air, so help you God.
Jeff Lewis
National Director
FIRE Coalition
Jeff@firecoalition.com
Phone: 252-876-9489
Jeff: Great letter – I hope people will pass this around and send it or their own version to governors and state reps around the country!
Good letter, Jeff.
Now, how many of the other states are willing to stand up for their citizens’ rights in the same manner as N.C.?
Some of these states should choose to elect one house of their respective state legislatures by proportional representation. This would make it a lot easier to elect legislators who have no ties to the current corrupt “two party” system. I have no doubt that many of the legislators backing the Tenth Amendment resolutions are ordinary cynical careerists who secretly long to return to business as usual. Wouldn’t it a big plus for at least a few state legislatures to have committed blocs of committed Constitutionalists?
It would be an action against interest for the legislatures themselves to take such an action, but there are 16 states that allow amendments to their constitutions by the initiative and referendum process. There must be a lot of disillusioned conservatives who are fed up with the GOP and would support a change in the system that would make alternatives more viable. Additionally, the popularity of the Dems seems largely linked to Obama who now seems to losing ground fast with the public.
I being a tar heel feel NC should have been one of the first to RIGHT TO CLAIM SOVEREIGNTY OVER CERTAIN POWERS UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES. [...] Come on NC representatives more and more of the NC voters are watching what you do.
James – we’ve been contacted by a lot of people from the great state of North Carolina who strongly support the constitution. Going to take some work to get those state legislators on board though – but it’s being done elsewhere, so it can be done in your state too!
We strongly encourage you to join or even start a local group in support of the 10th amendment in your area. find some info here:
http://grassroots.tenthamendmentcenter.com
What will local law enforcement do, if the Fed sends troops to pick up, & incarcerate public dissenters. Will local law enforcement support the public, or will the local law enforcement support the military troops, & assist in picking up civilians that don’t want to go along with the Feds new ” takeover ” as Barack Obama wants. Will the State of North Carolina stand behind citizens that elect to resist, even if deadly force is the only answer left. I simply do not intend to let anyone take me hostage, because of some proposed usurpations of my States Rights. What will happen if I decide to fight it with deadly force. Will The Great State of North Carolina stand behind me, or will it oppose my right to defend myself & my Family. Am I expected to lay down my arms, & surrender, or am I given the blessings of the State of North Carolina to defend myself, & my property, & family. What does the State of North Carolina expext of me, should this actually happen ?
I just saw a town meeting that Patrick Henry gace. He was blantently dishonest about the health reform facts, He siad that the current bills did not address preventive. That is not true and our President has spoke of this fact many times. He also said that va care was not addressed and that is not true! Many times our President has spoken about the improvement of care for our Vets. The current system is not sustainable and I suggest that Mr. Henry and other GOP’s get off their political pedastals and help to get health reform passed. And, stop lieing about the current proposals!
TJ – who gave this town meeting? “Patrick henry”???
Gene Van Wagoner Says:
September 14th, 2009 at 10:38 am
You are right on, most of the problems we face, as a nation today is a direct result of a power drunken National Government that is completely out of control.
Since 1913 when the 17th amendment was ratified, which changed the way we select our US Senators, Which took away the states the power to control the Federal Government The Feds have been usurping power away from the states, with all of the bureaucrats they have put in place, example US Fish and Wild life a duplicate of the State fish and wild life and assumes power to control the states’ right to manage their own fish and wildlife.
The problem was really caused by power hungry federal elected officials that is no longer held in check by the US Senators as they were before the 17th Amendment.
Before the 17th amendment the Senate was appointed by the state legislatures and they answered to the state legislatures. In this way the states held power over the Feds since the Executive branch could make no appointments, treaties or declare war and etc. without the approval of the states, through the Senate, Congress could make no laws without the states approval through the senate, the courts only had jurisdiction as dictated by the states through the senate.
Solution we must repeal the 17th amendment to restore states’ right and hold the feds in check in this way we will enforce the 10th amendment
Gene Van Wagoner
Former mayor Hurricane, Utah
620 S. 60 E
Hurricane, Utah 84737
435-635-4173 or 435-313-2591