by Michael Boldin
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.
June 27th, 2009 at 10:04 am
Congratulations to the good people of Tennessee!
And as you say, Michael, these resolutions are very very important first steps for the various states to take on this issue. I personally wish this process had begun 15 or 20 years ago, but that’s beside the point. It has begun now, and I’m here to tell you, it can’t be stopped.
June 28th, 2009 at 9:44 am
Terry, I wish they started long ago too..but glad things are moving in the right direction. There’s a long history of non-violent resistance of this manner in the USA. It’s good to see the tradition being revived. I’ve said for some time now that a few successes, like with Real ID, can have a huge impact - because it lets people know that they don’t have to be fearful when simply saying NO! to the federal government. It won’t always work the way you want, but it sure can….
June 28th, 2009 at 10:14 am
I think this is one most important aspects, of these resolutions.
That these states are calling 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.”
June 28th, 2009 at 10:35 am
JMB, it’s true. I have a few legislators trying to get me to intermediate between them and the others to get it set up. There are several disjointed efforts going on right now, and mine is one of them. We expect convergence to occur not too far down the road.
There are probably two hang-ups to faster progress on this front. First, it is not easy to get fair-sized groups to all be available to be at a certain place at a certain time. Second, they would, I think, largely have to come out-of-pocket to make it happen. If it was all set-up in a nice place and paid-for, it would probably be easier to get them together.
In any event, I am sure it will happen soon and in due course.
June 28th, 2009 at 11:30 am
I am almost 50 years old. As long as I remember, people have been trying to reign in Washington DC; as long as I remember, people have been warning about its increasing power; there has been constant talk about the need to abolish the Federal Reserve, the Department of Education, etc, etc, etc. The progress that has been made toward reducing the size, cost and power of the federal government has been ZERO. That’s right. In my whole lifetime ZERO has been accomplished in terms of reestablishing Constitutional limitations on the power of Congress, the Executive, and the Judicaiary.
Wake up people! Time is running out for freedom. Support State seccession now! Washington is way, way beyond reform.
June 28th, 2009 at 11:57 am
Good Luck Jeff, I know that these things will take some time.
June 28th, 2009 at 12:55 pm
JMB - you’re absolutely right. TN is out in the forefront on quite a bit these days, and letting legislators in other states know that they want to work together towards constitutional government is a great choice.
June 28th, 2009 at 5:03 pm
It’s Phil “Bredesen,” not Phil “Bresden”
June 28th, 2009 at 5:15 pm
Thanks, Josh - fixed it!
June 28th, 2009 at 8:27 pm
The passage of Cap & Trade makes a mockery of the 10th Amendment. Especially the provision that imposes California’s building codes on the entire nation and result in increases in home prices. Will any state take action to fight back? Doubtful.
June 29th, 2009 at 4:07 am
As a registered delegate representing the State of Tennessee to the Southern National Congress, I am overjoyed by Governor Bredesen’s courage as well as that of the current Tennessee legislature. We MUST assert our rights and stop the continual abuses and usurpations by the FEDGOD.
In December of 2008 in the shadow of the Blue Ridge Mountains of North Carolina, over 100 delegates from fourteen southern states gathered to hold the first “All South” congress on American soil since 1861. Citizens are taking matters into our own hands. I am happy to see at least some of the “upper magistrate” taking the side of the People on some level.
There is hope… but we cannot drag our feet.
June 29th, 2009 at 8:04 am
For once, I’m proud of TN. It’s a start and I’m happy Bredesen signed it. Unfortunately it’s a mere “drop in the bucket” but it’s a place to work from. So many issues rising to the forefront all at once is a difficulty to say the least. I’m not really sure the “central gov’t” is going to “get it” unless more take up the mantle. Many think the ostrich syndrome is just fine. Keep spreading the word.
June 29th, 2009 at 8:49 am
Kudos to Governor Bredesen and all agreeing members of the Tennessee legislature.
June 29th, 2009 at 9:17 am
Actually, Liz, it’s not a difficulty at all. Virtually every single issue which you describe as “arising at once” falls under the exact same principle, namely that the federal government has no constitutional authority to so much as busy itself with discussing these matters, much less impose its will on the several states and the people thereof. The people have finally begun to assert themselves via the ninth and tenth amendments, U.S. Constitution. And the movement itself is actually going forward at an amazingly fast pace. That seven states have already passed their tenth amenmdment resolutions in a few short months is actually pretty remarkable. And as I iterated the other day, it can’t be stopped at this point.
June 29th, 2009 at 10:43 am
This paragraph is excellent:
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.
That is the very thing I’ve been waiting to see. A State calling out to the other States to come together and shut the madness down. Should enough States oppose the Federal Government, the DC Goons could well find themselves the Legislators of Nothing.
June 29th, 2009 at 11:11 am
Darkwolfe wrote:
That is the very thing I’ve been waiting to see. A State calling out to the other States to come together and shut the madness down.
You’re right about the importance of this particular provision in the resolution, but it is common to all of the tenth amendment resolutions that I’ve seen.
June 29th, 2009 at 6:26 pm
At the risk of a shameless plug, it should be noted that in January ‘09 at an America’s Future Foundation roundtable discussion, I proposed this idea to Representative Lynn. She took my contact information and requested that I send her more ideas about this concept. A month later she introduced the resolution and next thing we know TN is declared a sovereign State by our legislature.
I am mentioning this because it is important to realize that one can have an effect on the political process in this country if one simply participates and gets to know their representatives; this is a prime example. Show up, network, meet, converse, share ideas, gain the respect of others and build relationships. That’s how things get done!
June 30th, 2009 at 9:29 am
you’re right, Matt! Working with reps on a state or local level CAN work. And your story is just another great example to verify this. Now…..we just need more to get on board and do the same….
June 30th, 2009 at 3:55 pm
Matt, that is a really important story you tell. This is an example folks, of how accessible our state reps can be. I’d love for all of you to write Susan Lynn and give her the pat on the back she deserves. After you do that, start a dialogue with your own state reps about the tenth amendment. The tools of liberty are waiting, we just need to find the will to use them, as Matt has.
July 1st, 2009 at 8:48 am
Jeff Matthews said…
“There are probably two hang-ups to faster progress on this front. First, it is not easy to get fair-sized groups to all be available to be at a certain place at a certain time. Second, they would, I think, largely have to come out-of-pocket to make it happen. If it was all set-up in a nice place and paid-for, it would probably be easier to get them together.”
Last December, over 100 registered delegates representing fourteen Southern States from Maryland to Texas, gathered in North Carolina for three days, all paying out of our own pockets for 100% of our travel expenses, lodging and meals. No stipend or paid anything. This September even more are expected at our 2nd Southern National Congress to be held in Alabama. Our founders knew that freedom required sacrifice, and if our elected and salaried “state leaders” aren’t willing to spend a few dollars and sacrifice a few days for the cause of freedom for the PEOPLE, then our Tennessee legislature has it right in stating that such state governments are nothing more than extentions of the central government and in my opinion, should see their individual “state lawmakers” who so refuse, dragged from their offices and sent packing by force (note: not advocating violence).
The PEOPLE must stand and stand now! If our State leaders are willing to do THE RIGHT THING and see to the interest of their PEOPLE first, then by all means do so. If they won’t, then like the American Patriots who came before us, we will have to take matters into our own hands and simply cut the criminals out.
Looking forward to see where we go from here.
July 9th, 2009 at 11:55 pm
I applaud TN and the other states, especially TN for taking this much-needed step. I can only pray GA (and others) will get on board. I, for one, will be a constant voice in my legislators’ ears. The 10th amendment has been ignored for far too long.
July 16th, 2009 at 3:57 pm
The ATF Says the your 10th amendment is now null and void. Don’t mess with big brother or they’ll burn your house down, literally…
July 16th, 2009 at 10:37 pm
so FTG, are you saying that people shouldn’t resist? They should take whatever the tyrant gives them? Or, maybe you’re with the ATF and just trying to scare off activists?
July 21st, 2009 at 3:01 pm
I hate to rain on the 10th Amendment parade because I’m absolutely totally convinced that the single most important solution to ALL of our current political and financial problems can be solved by the one simple solution of having all 50 Union States regain their sovereignty. The first thing that must happen, however, is that each Union State MUST ACT LIKE A SOVEREIGN! Asking the federal government (or any other sovereign) to restore a Union State’s sovereignty is like pushing on a rope or asking Russia to restore it for us. (Sound Stupid – Read the article Dual Sovereignty at poorclydesalmanac.info). The single and absolute cause of the Union State’s lose of sovereignty is that they are acting as an instrumentality of (subservient to) the federal government (the United States), which they most certainly are not, by paying to and collecting for a federal tax (found under Chapter 21 of the IRC), better known as the FICA tax. The most interesting part of this whole issue is that when one reads and/or researches the code, one finds that Congress didn’t attempt to levy the tax on the Union States or the Union State Citizens simply because it couldn’t. At some point in time the Union States voluntarily started paying and collecting the FICA tax thereby becoming subservient to the United States (the federal government) and, perhaps more importantly provided federal agents with plausible deniability for attempting to enforce federal laws within the territory of the Union States.
This is THE SINGLE MOST IMPORTANT ISSUE FACING US TODAY, and I have been unable to generate even a murmur among the grass roots folks. All I get is a mass of “deer in the headlights.” I have a work in progress research paper titled “The Reformation of Union State Sovereignty,” which I will make available to anyone who has the necessary contacts to attract the ears of any of the pundits within the quest for Liberty movement, such as Trevor Lyman, Alex Jones, Jessie Ventura, and the like. Everyone in our Republic’s current population has been indoctrinated into believing that the federal government is our central government and that the Union States are instrumentalities thereto, ala the rest of the worlds “free” societies. Our Founders and other past legal scholars are crying from their grave for us to ditch our indoctrination and educate ourselves to the true principles of Liberty and our own inherited political system designed to protect them. The following is a quote from the Supreme Court exemplifying the point.
Dual sovereignty is a defining feature of our Nation’s constitutional blueprint. See Gregory v. Ashcroft, 501 U. S. 452, 457 (1991). States, upon ratification of the Constitution, did not consent to become mere appendages of the Federal Government. Rather, they entered the Union “with their sovereignty intact.” Blatchford v. Native Village of Noatak, 501 U. S. 775, 779 (1991). An integral component of that “residuary and inviolable sovereignty,” Federal Marine Commission (FMC) v. South Carolina State Ports Authority, 535 U.S. 743 (2002).
When the Union States regain and enforce their own sovereignty, the federal income tax AND the State income tax disappear from Union State territories, and all the Union State’s and their instrumentalities can reduce their annual budgets by 20% or more and the Citizens thereof will have an increase disposable revenue to bring about an atmosphere of prosperity reversing the current economic landscape of a hopeless depression with its trillions of dollars of debt created out of thin air. At common law, if there is no pro quid pro of substance to establish a debt, there is no debt, only fraud.
FREEDOM is the absence of detention; LIBERTY is the absence of control!
Link to Poor Clyde’s Almanac at http://www.poorclydesalmanac.info
July 23rd, 2009 at 4:54 am
so it means the USA….is finished??….it means china and russia are going to colonise america as USA has done in irak and afganistan.WHY NOT..
October 28th, 2009 at 4:37 am
right. this resolution would have fit well in1860, right when the south carolina militia was preparing to bombard fort sumter. the federal government , under article 1, section 8, of the us constitution, has the broad power to enact legislation that promotes the general welfare of the nation. john marshall, chief justice of the us supreme court, so held in the 1819 case of mc cullough v maryland. the tenthers logic would mean that we would have to rescind the louisiana purchase and give back one-quarter of our nation to france, since the us constitution does not give the feds the specific right to acquire territory. no air force or marines , since the constitution only mentions an army and a navy. no tva, so let the great floods return.