Wyoming Governor Calls for 10th Amendment Resolution
28. Jul, 2009 
33 Comments
Wyoming Governor Dave Freudenthal today transmitted the following memorandum and proposed resolution on state sovereignty to the Wyoming Legislature’s Management Council.
(h/t Mike Johnson, EverythingCody.com)
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.
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Absolutely, 713 – good to see the Gov. stepping up on this. There’s a candidate for Governor in GA that’s making state sovereignty his main theme…hope to see more around the country doing the same.
How do we Enforcw a QUO WARRANTO to put a screeching halt to this Tyrannical Activity ???
enforce a what? Is this some kind of legalese silver bullet or something?
Quo warranto (Medieval Latin for “by what warrant?”) is one of the prerogative writs, that requires the person to whom it is directed to show what authority he has for exercising some right or power (or “franchise”) he claims to hold.
Mr. Michael Boldin, Billy Mills here. I don’t think I would adverise my not knowing what a Quo Warranto is. Look it up if you dont know.Here it is;
A writ brought before a proper tribunal, to inquire by what warrant a person or a corporation acts, or exercises certain powers
I might have adminitered it in the inappropiate location.
As for the Sovereignty of Wyoming, I’m all for it. I’m a 78 TR OLd Korean Vet. from Texas and have been involved in getting Obama out, trying to get Texas out of the Union.
As for the Quo Warranto, it also applies to the Tenth Amendment. If you would like to get a real good education about OUR Constitution join, FREE, HTTP://americangrandjury.org
Billy, while I appreciate your advice on what legal tricks I should know, I’ve never heard of a quo warranto before now, and most importanly, can anyone give examples of how this works, or how is has actually been used?
Seems to me that this is another of the many cases of people going to the government to solve a problem of…..the government.
It’s my goal here to show that the proper role of the federal government are those powers delegated to it by the people in the constitution.
Going to government courts to limit the government doesn’t work – and people are starting to take a position that they don’t need approval from judges to exercise their rights, either.
This resolution from Wyoming would be a great first step – to be followed up by state-level nullification of federal laws. Not asking the federal government to restrict itself, and not asking judges to rule in our favor.
Nullification, non-violent resistance, and non-cooperation with the federal government is the path to take, in my opinion.
…WHEREAS, the scope of power defined by the tenth amendmdnt means that the federal government was created by the states specifically to be an agent of the states, and…
That about says it all. This is the first time that I have seen this concept in print. Clearly, the states must take some action in the name of the people of the respective states.
The federal government is nothing more than an agent for the states. As such, the federal government has a fiduciary responsibility to the states to act in the best interest of the states. The state in return is the agent of the people residing in the state, and has that same fiduciary responsibility to the people.
None of the bills that have been enacted since the impostor has taken office, have been in the best interest of the people, nor that of the states.
Thank you,
Robert Walker
Robert, the most important point you made is how “The state in return is the agent of the people residing in the state, and has that same fiduciary responsibility to the people.”
While these sovereignty resolutions around the country are focusing on an important principle – limiting the power of the federal government to those powers delegated to it in the constitution – there are a few serious constitutional flaws in some of them. Saying that the federal government is an agent of the states is one of them.
It’s important for us to point out that the federal government wasn’t created by itself, but it wasn’t created by the states either. The federal government was created by the people - to be their agent for certain enumerated purposes, and nothing more. State governments were also creations of the people, and would carry out mostly different purposes than the federal government, but sometimes there would be a little overlapping.
We’ll be getting in touch with reps around the country before the next session to offer some suggestions on these resolutions, such as this essential point. We believe that the more constitutionally sound a resolution is, the better chance it has of success.
Thanks Gov Dave & Collin, with our National Guard members currently deployed, and with all the bs going on in DC I applaud you both that you have finally stepped up to the plate and are trying to put a stop to this all! I am proud to say I hail from the great of WYO and don’t regret leaving the out of touch east coast behind me. I only wish I could claim to have been from this great state all my life, although I feel like I have been with my views. Powder River!
To Robert Walker,
Don’t make the mistake of thinking that Obama is the main problem. I thought the same thing of GW Bush, thought that if we could just get this usurper out of office, that someone else could step in and repair the damage he had wrought on our laws. Obama said he was going to do just that, then once his cheeks hit the throne, decided he liked the feel of it, and that he was going to keep it.
The problem is bigger than whoever is currently in the White House. It is systemic, and needs to be addressed as such. I think these sovereignty resolutions and firm, non-violent resistance to federal excesses will go far, if only to get the issue into the light.
You said it Derek! The constitution is a non-partisan document, and both parties hate to have their power limited.
The restoration of Union State Sovereignty is the single most important political problem We the People are faced with in these turbulent difficult times. It is the Ultimate and only solution to the runaway power and financial mismanagement of the federal government. However, the necessary first step is to recognize that the cause is exemplified by Pogo; the cartoon character’s profound discover that “We have met the enemy and he is us!” The first step to sovereignty to is to act like a sovereign. Currently the 50 Union States are all behaving as if they are subservient instrumentalities of the federal government, the United States. Consequently, that is what has to be fixed.
I have a manuscript on its way to the publisher titled “The Reformation of Union State Sovereignty.” It is available for the asking at the above listed email address. From that manuscript I hereby offer the following additions to your governor’s resolution which will enable the Union State of Wyoming to once again act as if it were a Sovereign and to begin taking the necessary steps to protect it:
WHEREAS , while The United States Constitution mandates that Congress, at Article IV, Section 4, “shall protect each of them [Union States] from invasion” and while the Supreme Court has ruled that the “The United States Government is a Foreign Corporation with respect to a [Union] State.” (see 19 Corpus Jurus Secundum §884, In re: Marriam’s Estate, 36 N.Y. 505, 141 N.Y. 479, Affirmed in United States v. Perkins, 163 U.S. 625), any attempts by any agent of the federal government to enforce federal law promulgated by Congress under Article I, section 8, Clause 17 powers (the exclusive power to legislate within federal territory) within anyone of the Sovereign Union States is, in fact and law an invasion from a foreign Corporation; and
WHEREAS The Supreme Court reaffirmed Union State sovereignty in 2002 in its opinion in Federal Marine Commission (FMC) v. South Carolina State Ports Authority, 535 U.S. 743 (2002), wherein Justice Thomas writing the opinion for the Court expresses the abstract of a long chain of legal opinions regarding Union State sovereignty: 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.”
WHEREAS the supremacy clause in the Federal Constitution at Article VI, clause 2 declares that “this CONSTITUTION [not just any federal law], and the [legitimate] Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land;” and
WHEREAS the notion held by federal agents, including, but not limited to, federal prosecutors that federal law trumps Union State Law is a treasonous lie; and
WHEREAS accepting money from any foreign corporation compromises Union State sovereignty with respect to said corporation; and
WHEREAS paying a tax to a foreign corporation together with collecting same on behave of a “foreign Corporation” from employees further compromises Union State sovereignty; and
WHEREAS Sovereignty only exists if the Sovereign protects and enforces it, otherwise the Sovereign compromises its Sovereignty by dependence and subordinate obedience to another Sovereign, i.e., a sovereign only a sovereign if it/he in fact behaves as one; and
WHEREAS the 17th Amendment of the United States upon ratification altered the manner in which Senators sitting in the Senate Branch of Congress were to be appointed it did not in any way alter the function and duties of the appointed Senators which was to represent the sovereign Union State from which they were appointed.
Section 5. Henceforth, the Union State shall reassert its constitutionally recognized Sovereignty by appropriate legislation for each of the following: 1)that hereinafter, no Agency or other instrumentality of the State of Wyoming will by authorized under State Law to accept any funds whatsoever from the Government of the United States (federal Government); and 2) that hereinafter, no Agency, instrumentality, or Corporation created by the Union State of Wyoming will by authorized under State Law to pay any tax or collect any tax on behave of any foreign corporation, including, but not limited to, Government of the United States (federal Government) such as the FICA and income taxes.
Section 7. Herein after, any and all federal officers attempting to enforce any federal legal process in the Union State of Wyoming must file suite and gain authority from the Courts of the Union State of Wyoming whereupon The Union State of Wyoming law enforcement agents/officersshall take care of all necessary legal process ordered by an appropriate Wyoming Court to be executed within the Union State of Wyoming.
Section 8. The Union State of Wyoming will henceforth consider any and all federal agent’s direct actions or involvement with any and all citizens of the Union State of Wyoming without a Court Order from an appropriate Court of the Union State of Wyoming will be considered a criminal “Abuse of Process” invasion and prosecuted as such, including the removal of any Union State citizen from the jurisdiction of the Union State of Wyoming absent a lawful extradition process conducted in the Courts of the Union State of Wyoming.
Section 9. Each Senator’s Constitutional task and duty is to represent the Union State from which he or she was appointed, therefore, each Senator from the Union State of Wyoming shall, in all manners undertaken in Congress, take his or her direction from the Legislature of Wyoming by applicable resolution based on reviews conducted with each Senator. (This should be included in the Senator’s Oath of Office before taking his or her seat in the Senate.)
American Revolution 2009-2010 Begins. Want to get this through to the people. Is it OK to Copy and paste what the Governor of Wyoming wrote and change the State to your State and put your name on it From: Yourname, Citizen. Then post it on every chat, email it to everyone you know forums and place on homepages you have access to. Mail it to your Governor, senators and congressman. Now is the time to stand up and get all states of the United States to keep their sovereinty and the Peoples. Remember The Green Dragon pub in Boston. It is where it all began. The American Revolution 2009-2010. Taxation without Representation NO. Tarp NO. Bailout NO. Universal Healthcare NO. NWO One World Gov NO. FED Abolish Yes. We were not given a chance to vote on any of these. Our government was given only one hour to review the FED TARP Bailout bill. We the People run this country. The Tyranny and secret agenda must end. 9 Trillion? We the People demand the Fiat 9 Trillion + to be returned at once. We stand for the original Constitution, Bill of Rights, Articles of Confederation and Declaration of Independance. The original laws of our land and Goverment. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. You will not abolish them. May 15, 1776 Second Continental Congress instructs states to adopt new constitutions of government. States did and it is irrevocable and not available for change! People we need to stand up for our rights and vote, it is our civic responsibility.
Wyoming being one of the few States in the Union that doesn’t have a debt, doesn’t owe it’s not having a debt to federal money, and having a tradition of acting as a sovereign state probably shouldn’t bother with a 10th Amendment resolution.
Why?
Because it’s pointless. Why not just tell the fed gov to leave and be done with it? Seems a lot easier to me. Mobilize the Guard and kick out all federal agents from our jurisdiction. Give the military the opportunity to stay or leave at their will, provided they disarm all infantry on Wyoming soil, and take over the national parks or annex them as no longer part of the State.
If we’re going to do it, let’s do it right. Montana looks like it plans to fight the feds on gun rights. Let’s fight them on ALL rights!
So Aaron, you’re interested in starting a war or something? That’s foolish, in my opinion.
I think the principles of the 10th amendment are so far away from people’s thoughts that it’s going to take a lot of effort to sway the public at large.
Many of the reporters I talk to about this issue see this as a republican effort – but Gov. Dave is a Clinton nominee and someone who publicly endorsed Obama. His statement, while it might not be the big action that you want right now – is an important step in showing that supporting the constitution and limited government is non-partisan.
The only way to change the new illegal Tyranical laws and bailouts is to use the original laws to fight them Start a new Declaration of Independance against our own Government, Kick them out. We need to dig deep. Our current Government is doing practically everything written against England. If they impose martial law it will be much more difficult. In The Declaration of Independance Action of Second Continental Congress, July 4, 1776. “For imposing taxes on us without our Consent”, “For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of Government” From all of the current news, 9-11 Gestapo Stasi laws, Tarp and such we are being ruled by the Elite Bankers from England. This is what we must fight and quick. Free and Independant States we will remain. Free and Independant States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which INDEPENDANT STATES may of right do. Congress when will you comply? You dont have to impose martial law, if you dont comply and rescind the people will impose martial law!
Governor,
Thank you for your support of this important issue.
I believe it is vital to re-establish our constitutional rights as provided by our forefathers.
You have my support!
Rick Patton
Cody
I Support you Governor, even though I’m in TEXAS. Wish Rick Perry would jump on this wagon, Oklahoma Governor and The Idiot Att. Gen. Eric Holder having words. Seems as though ENLISH shouldn’t be OUR Official Language. Here’s copies of letters;Posted July 30, 2009 on Constitutional Emergency
Attorney General Eric Holder sent Attorney General of Oklahoma The Honorable W. A. Drew Edmondson a letter noting they were aware that Oklahoma was seeking to send an English only Constitutional Amendment to voters for ratification.
The feds informed Oklahoma that they would be interferring with the constitutional rights of limited english proficient (LEP) persons.
In a nutshell they were notifying Oklahoma that if they passed that amendment that federal monies would be withheld.
See letter sent from DOJ: http://inhofe.senate.gov/public/index.cfm?FuseAction=Files.View&FileStore_id=b7180646-583e-4c2c-8fc9-1ba1d1236dcf
See letter sent back to DOJ: http://inhofe.senate.gov/public/index.cfm?FuseAction=Files.View&FileStore_id=b91bbca9-3c4b-445d-b091-c06c61ab6d1d
It’s Time for this ILLEGAL Government to GO. There has been about 150 Presentments sent to Congress, FBI and Whitehouse,charges of Fraud and Treason, I wonder what MR. Holder is going to do about that, English, that’s the Least of his worries. GOD Bless America
Everybody here oughta read “Molon Labe” by Boston T. Party; it’s a detailed plan for how Wyoming can successfully secede, step by step, and take the surrounding states with her. Not following the directions could make it messier than it has to be. “Hologram of Liberty” was great, too, and further delineates how we should fix the Constitution afterwards… “Patriots, surviving the coming collapse” is another good book with detailed directions for homestead selection and defense, etc….
First my friends let me say a few things; yes it is great that Gov. Dave issued this, grand news as far as I’m concerned. However it means nothing without the state backing it up, prime example is the fact that Colorado passed its tenth amendment resolution in the 90’s and the “FED” brushed them off and they did not enforce it. Now yes traditionally we Wyomingites are very repugnant to the “FED” and have always pushed to be left alone but the state has buckled in the end. As for seceding from the union I quote the Wyoming constitution:
Sec. 37. The state of Wyoming is an inseparable part of the federal
union, and the constitution of the United States is the
supreme law of the land.
The key term is inseparable, so leaving without just cause as in the “FED” conducting treason against our great state which is defined as follows:
Sec. 26. Treason against the state shall consist only in levying war
Against it, or in adhering to its enemies, or in giving them
Aid and comfort. No person shall be convicted of treason
Unless on the testimony of two witnesses to the same overt
Act, or on confession in open court; nor shall any person be
Attainted of treason by the legislature.
So unless they declare war upon this state which would be a very bad idea, it is likely that we will not secede from the union. However with coming items such as the mass mandated N1H1 vaccinations, and the Heath care reform, it is foreseeable in the near future the second shot heard round the world will occur. As for the removal of the current abysmal government would be similar to Hercules fighting the hydra, without the people uniting as one to push their states to force amendment to the constitution forcing the monster back into its cage it is unlikely of a peaceful resolution to the current problems plaguing this country. So until such time as that happens friends, Keep your powder dry!
Pat Henry – this resolution is not about secession or about keeping powder dry (note: any calls for violence are not welcome and can result in a banning from this website).
This resolution is about bringing recognition to the fact that the constitution has been ignored for far too long. There’s a long process – and a lot of people don’t even recognize this fact. The resolution is non-binding, but is the first step towards resisting unconstitutional federal laws….do a search for “nullification” on this site and you can learn about follow up steps, too.
Michael, you’re awful quick to assume someone’s words are violent or have violent intent. You did it with my statements and then with Henry’s.
What I called for is for Wyoming to finally just tell the fed to get out. That would require National Guard action. Otherwise, it would just be more words again.
I didn’t say that the Guard would have to run in, blazing away, tossing grenades and homing in with smart bombs. I just said that they would have to be mobilized. The old term for that was “muster.” To gather forces, prepare for battle, etc.
The reasons for that should be very obvious. Without a show of force, telling them to do something is just words. Showing them we mean it by marching a bunch of troops down the street to their buildings to deliver the message is a little more, shall we say, poignant?
Aaron – just to make it clear. If you’re looking to “prepare for battle” in a physical sense – which you clearly are talking about here – you should go to another website. It’s not welcome here. period.
There certainly is something other than a show of force – it’s called mass non-cooperation – nullification. Read a little about it here.
Michael, I feel as though you are not fully informed here, first there have been many attempts at nullification. Most notably the repealing of the 16th amendment in which was ratified at the time by the required amount of states, however it was ignored and is not recognized by the federal government. As far as non-cooperation ask Rhode Island how that worked for them when they refused to ratify the constitution, or the Folks at Waco and Ruby Ridge. But also remember that non-cooperation can also get you labeled as a “enemy Combatant” under the lovely constitutional violating US PATRIOT Act. I recommend that you read some Lysander Spooner specifically the NO TREASON essays, if that doesn’t open up you eyes than nothing will. States rights are not the only thing the Government has been taking; they have been taking yours as well.
The problem with your statement, Pat – is that you’re doing two things – referring to individual acts as “nullification” efforts. those examples do not quality. Nullification – as I’m referring to it – is the full state apparatus rejecting a federal law. That’s happening now…Real ID, drug laws, health care, gun laws….and more to come.
And your other error – states don’t have rights. people do. States only have powers – the powers that people delegate to them.
So let me get this Straight, You don’t see the states ratifying an amendment to the Constitution of the United States, The Supreme law of the land as nullification. Very interesting, However your version of nullification comes with many issues, per chance did you bother to read the Letter sent to FFL holders in the state of Tennessee? If not I believe its still in the archives here and quite accessible for your reading enjoyment. Also this method of nullification will only work if the state will stand up for any person with in the state who violates the federal law. Also it would require the states to bring a Supreme Court case against the Federal law with the appropriate backing to prove the law to be in violation of the supreme law of the land (i.e. the Constitution).
Also the states do have rights, if you notice the Tenth Amendment falls with in the BILL OF RIGHTS. And to quote Alexander Hamilton in the Federalist No. 84
“The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS. The several bills of rights in Great Britain form its Constitution, and conversely the constitution of each State is its bill of rights. And the proposed Constitution, if adopted, will be the bill of rights of the Union.”
And as for the term Powers referred to within the Constitution, without Rights you cannot assert power over anyone, and inversely without power you have no rights to impose law. So the terms go hand in hand without either you can do nothing as a government.
Tell the other States ask for and propose coordinate protective actions in the defense of our rights!
The Federal government knows it can crush any one of our State, make sure they know we do not stand alone, and that as a consequence their ability to coheres us will be severely curtailed. We need a “union” of States of sorts to go on strike. If they try to cut federal funds we all take such actions together so that such funds would have to be cut to such a large part of the nation that it would become political unpalatable to congress.
Remember we are all in this together, a usurpation of the rights of one State is just as well a usurpation of the rights of all States. Sooner or later we will all be the exploited one, this has to end. The U.S. Constitution has to be respected or we will all lose!