WASHINGTON STATE DECLARING SOVEREIGNTY!
02-03-2009, 09:30 PM
#1
Administrator
Thread Starter
Join Date: Jul 2001
Location: Stuart, FL
Posts: 24,416
I have never been so proud of my birth state, awesome!!!
HJM 4009 - 2009-10
Claiming state sovereignty under the Tenth Amendment.
H-1028.1
____________ _________ _________ _________ ______
HOUSE JOINT MEMORIAL 4009
____________ _________ _________ _________ ______
State of Washington 61st Legislature 2009 Regular Session
By Representatives Shea, Klippert, Condotta, Kretz, Anderson, McCune,
and Kristiansen
Read first time 01/30/09.
Referred to Committee on State Government & Tribal Affairs.
1 TO THE HONORABLE BARACK OBAMA, PRESIDENT OF THE UNITED STATES, AND
2 TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF
3 REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF
THE
4 UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE PRESIDENT OF THE
5 SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES OF EACH STATE'S
6 LEGISLATURE OF THE UNITED STATES OF AMERICA:
7 We, your Memorialists, the Senate and House of Representatives of
8 the State of Washington, in legislative session assembled,
respectfully
9 represent and petition as follows:
10 WHEREAS, The Tenth Amendment to the Constitution of the United
11 States specifically provides that, "The powers not delegated to the
12 United States by the Constitution, nor prohibited by it to the
States,
13 are reserved to the States respectively, or to the people.
"; and
14 WHEREAS, The Tenth Amendment defines the total scope of federal
15 power as being those powers specifically granted to it by the
16 Constitution of the United States and no more; and
17 WHEREAS, Federalism is the constitutional division of powers
18 between the national and state governments and is widely regarded
as
19 one of America's most valuable contributions to political science;
and
p.
1 HJM 4009
1 WHEREAS, James Madison, "the father of the Constitution, " said,
2 "The powers delegated to the federal government are few and defined.
3 Those which are to remain in the state governments are numerous and
4 indefinite.
The former will be exercised principally on external
5 objects, [such] as war, peace, negotiation, and foreign commerce.
The
6 powers reserved to the several states will extend to all the objects
7 which, in the ordinary course of affairs, concern the lives,
liberties,
8 and properties of the people.
"; and
9 WHEREAS, Thomas Jefferson emphasized that the states are not
10 "subordinate" to the national government, but rather the two are
11 "coordinate departments of one simple and integral whole.
The one is
12 the domestic, the other the foreign branch of the same government.
";
13 and
14 WHEREAS, Alexander Hamilton expressed his hope that "the people
15 will always take care to preserve the constitutional equilibrium
16 between the general and the state governments.
" He believed that "this
17 balance between the national and state governments forms a double
18 security to the people.
If one [government] encroaches on their
19 rights, they will find a powerful protection in the other.
Indeed,
20 they will both be prevented from overpassing their constitutional
21 limits by [the] certain rivalship which will ever subsist between
22 them.
"; and
23 WHEREAS, The scope of power defined by the Tenth Amendment means
24 that the federal government was created by the states specifically
to
25 be limited in its powers relative to those of the various states;
and
26 WHEREAS, Today, in 2009, the states are demonstrably treated as
27 agents of the federal government; and
28 WHEREAS, Many federal mandates are directly in violation of the
29 Tenth Amendment to the Constitution of the United States; and
30 WHEREAS, The United States Supreme Court has ruled in New York v.
31 United States, 112 S. Ct.
2408 (1992), that Congress may not simply
32 commandeer the legislative and regulatory processes of the states;
and
33 WHEREAS, A number of proposals from previous administrations and
34 some now being considered by the present administration and from
35 Congress may further violate the Constitution of the United States;
36 NOW, THEREFORE, Your Memorialists respectfully resolve:
37 (1) That the State of Washington hereby claims sovereignty under
HJM 4009 p.
2
1 the Tenth Amendment to the Constitution of the United States over
all
2 powers not otherwise enumerated and granted to the federal
government
3 by the Constitution of the United States; and
4 (2) That this serve as a Notice and Demand to the federal
5 government to maintain the balance of powers where the Constitution
of
6 the United States established it and to cease and desist, effective
7 immediately, any and all mandates that are beyond the scope of its
8 constitutionally delegated powers.
9 BE IT RESOLVED, That copies of this Memorial be immediately
10 transmitted to the Honorable Barack Obama, President of the United
11 States, the President of the United States Senate, the Speaker of
the
12 House of Representatives, the President of the Senate and the
Speaker
13 of the House of Representatives of each state's legislature of the
14 United States of America, and each member of Congress from the
State of
15 Washington.
--- END ---
p.3 HJM 4009
http://apps.leg.wa.gov/billinfo/summ...2009&bill=4009
HJM 4009 - 2009-10
Claiming state sovereignty under the Tenth Amendment.
H-1028.1
____________ _________ _________ _________ ______
HOUSE JOINT MEMORIAL 4009
____________ _________ _________ _________ ______
State of Washington 61st Legislature 2009 Regular Session
By Representatives Shea, Klippert, Condotta, Kretz, Anderson, McCune,
and Kristiansen
Read first time 01/30/09.
Referred to Committee on State Government & Tribal Affairs.
1 TO THE HONORABLE BARACK OBAMA, PRESIDENT OF THE UNITED STATES, AND
2 TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF
3 REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF
THE
4 UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE PRESIDENT OF THE
5 SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES OF EACH STATE'S
6 LEGISLATURE OF THE UNITED STATES OF AMERICA:
7 We, your Memorialists, the Senate and House of Representatives of
8 the State of Washington, in legislative session assembled,
respectfully
9 represent and petition as follows:
10 WHEREAS, The Tenth Amendment to the Constitution of the United
11 States specifically provides that, "The powers not delegated to the
12 United States by the Constitution, nor prohibited by it to the
States,
13 are reserved to the States respectively, or to the people.
"; and
14 WHEREAS, The Tenth Amendment defines the total scope of federal
15 power as being those powers specifically granted to it by the
16 Constitution of the United States and no more; and
17 WHEREAS, Federalism is the constitutional division of powers
18 between the national and state governments and is widely regarded
as
19 one of America's most valuable contributions to political science;
and
p.
1 HJM 4009
1 WHEREAS, James Madison, "the father of the Constitution, " said,
2 "The powers delegated to the federal government are few and defined.
3 Those which are to remain in the state governments are numerous and
4 indefinite.
The former will be exercised principally on external
5 objects, [such] as war, peace, negotiation, and foreign commerce.
The
6 powers reserved to the several states will extend to all the objects
7 which, in the ordinary course of affairs, concern the lives,
liberties,
8 and properties of the people.
"; and
9 WHEREAS, Thomas Jefferson emphasized that the states are not
10 "subordinate" to the national government, but rather the two are
11 "coordinate departments of one simple and integral whole.
The one is
12 the domestic, the other the foreign branch of the same government.
";
13 and
14 WHEREAS, Alexander Hamilton expressed his hope that "the people
15 will always take care to preserve the constitutional equilibrium
16 between the general and the state governments.
" He believed that "this
17 balance between the national and state governments forms a double
18 security to the people.
If one [government] encroaches on their
19 rights, they will find a powerful protection in the other.
Indeed,
20 they will both be prevented from overpassing their constitutional
21 limits by [the] certain rivalship which will ever subsist between
22 them.
"; and
23 WHEREAS, The scope of power defined by the Tenth Amendment means
24 that the federal government was created by the states specifically
to
25 be limited in its powers relative to those of the various states;
and
26 WHEREAS, Today, in 2009, the states are demonstrably treated as
27 agents of the federal government; and
28 WHEREAS, Many federal mandates are directly in violation of the
29 Tenth Amendment to the Constitution of the United States; and
30 WHEREAS, The United States Supreme Court has ruled in New York v.
31 United States, 112 S. Ct.
2408 (1992), that Congress may not simply
32 commandeer the legislative and regulatory processes of the states;
and
33 WHEREAS, A number of proposals from previous administrations and
34 some now being considered by the present administration and from
35 Congress may further violate the Constitution of the United States;
36 NOW, THEREFORE, Your Memorialists respectfully resolve:
37 (1) That the State of Washington hereby claims sovereignty under
HJM 4009 p.
2
1 the Tenth Amendment to the Constitution of the United States over
all
2 powers not otherwise enumerated and granted to the federal
government
3 by the Constitution of the United States; and
4 (2) That this serve as a Notice and Demand to the federal
5 government to maintain the balance of powers where the Constitution
of
6 the United States established it and to cease and desist, effective
7 immediately, any and all mandates that are beyond the scope of its
8 constitutionally delegated powers.
9 BE IT RESOLVED, That copies of this Memorial be immediately
10 transmitted to the Honorable Barack Obama, President of the United
11 States, the President of the United States Senate, the Speaker of
the
12 House of Representatives, the President of the Senate and the
Speaker
13 of the House of Representatives of each state's legislature of the
14 United States of America, and each member of Congress from the
State of
15 Washington.
--- END ---
p.3 HJM 4009
http://apps.leg.wa.gov/billinfo/summ...2009&bill=4009
02-03-2009, 10:00 PM
#3
Administrator
Thread Starter
Join Date: Jul 2001
Location: Stuart, FL
Posts: 24,416
02-04-2009, 06:42 PM
#8
Administrator
Thread Starter
Join Date: Jul 2001
Location: Stuart, FL
Posts: 24,416
For real? Yea, it was read into the washington state senate, it will be read into the us senate and was sent to the president. Keeping in mind that "sovereignty" and "secession" are two different things. Arizona's looks a little more serious as there's is an "act" instead "memorial". That said, both states are letting the feds know that they expect some representation, other then that it doesn't mean much YET.
You have to keep in mind, this is a step in a direction. States are going to suffer big time and they are all looking at bankruptcy. Look at it from a state's point of view, say California, if they told every californian to stop paying their income taxes to the feds and send them to the state, their budget issues would be solved overnight. States are going to look for that bailout money, just like the banks did, except states have the option to put the screws to the feds.
Montana is also over riding ALL of the US Gun laws and saying that you can own any gun manufactured and kept within Montana.
You have to keep in mind, this is a step in a direction. States are going to suffer big time and they are all looking at bankruptcy. Look at it from a state's point of view, say California, if they told every californian to stop paying their income taxes to the feds and send them to the state, their budget issues would be solved overnight. States are going to look for that bailout money, just like the banks did, except states have the option to put the screws to the feds.
Montana is also over riding ALL of the US Gun laws and saying that you can own any gun manufactured and kept within Montana.
02-04-2009, 06:59 PM
#9
Junior Member
Join Date: Jul 2008
Posts: 19
^ ABOUT FRICKING TIME! I hope other states follow this example and finally hold the politicians in washington accountable for their representation. I'd really love to see states recalling senators and representatives who don't properly represent the will of their states. I really think that at this point the state governments are the only hope for limiting the abuses of power.
02-07-2009, 07:40 PM
#10
Administrator
Thread Starter
Join Date: Jul 2001
Location: Stuart, FL
Posts: 24,416
Obama's $1 trillion deficit-spending 'stimulus plan' seen as last straw
NEW YORK – As the Obama administration attempts to push through Congress a nearly $1 trillion deficit spending plan that is weighted heavily toward advancing typically Democratic-supported social welfare programs, a rebellion against the growing dominance of federal control is beginning to spread at the state level.
So far, eight states have introduced resolutions declaring state sovereignty under the Ninth and Tenth Amendment to the Constitution, including Arizona, Hawaii, Montana, Michigan, Missouri, New Hampshire, Oklahoma and Washington.
Analysts expect that in addition, another 20 states may see similar measures introduced this year, including Alaska, Alabama, Arkansas, California, Colorado, Georgia, Idaho, Indiana, Kansas, Nevada, Maine and Pennsylvania.
"What we are trying to do is to get the U.S. Congress out of the state's business," Oklahoma Republican state Sen. Randy Brogdon told WND.
"Congress is completely out of line spending trillions of dollars over the last 10 years putting the nation into a debt crisis like we've never seen before," Brogdon said, arguing that the Obama stimulus plan is the last straw taxing state patience in the brewing sovereignty dispute.
"This particular 111th Congress is the biggest bunch of over-reachers and underachievers we've ever had in Congress," he said.
"A sixth-grader should realize you can't borrow money to pay off your debt, and that is the Obama administration's answer for a stimulus package," he added.
The Ninth Amendment reads, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Tenth Amendment specifically provides, "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."
Brogdon, the lead sponsor of the Oklahoma state senate version of the sovereignty bill, has been a strong opponent of extending the plan to build a four-football-fields-wide Trans-Texas Corridor parallel to Interstate-35 to Oklahoma, as WND reported.
Rollback federal authority
The various sovereignty measures moving through state legislatures are designed to reassert state authority through a rollback of federal authority under the powers enumerated in the Constitution, with the states assuming the governance of the non-enumerated powers, as required by the Tenth Amendment.
The state sovereignty measures, aimed largely at the perceived fiscal irresponsibility of Congress in the administrations of Bill Clinton and George W. Bush, have gained momentum with the $1 trillion deficit-spending economic stimulus package the Obama administration is currently pushing through Congress.
Particularly disturbing to many state legislators are the increasing number of "unfunded mandates" that have proliferated in social welfare programs, such as Medicare and Medicaid, in which bills passed by Congress dictate policy to the states without providing funding.
In addition, the various state resolutions include discussion of a wide range of policy areas, including the regulation of firearms sales (Montana) and the demand to issue drivers licenses with technology to embed personal information under the Western Hemisphere Travel Initiative and the Real ID Act (Michigan).
Hawaii's measure calls for a new state constitutional convention to return self-governance, a complaint that traces back to the days it was a U.S. territory, prior to achieving statehood in 1959.
"We are trying to send a message to the federal government that the states are trying to reclaim their sovereignty," Republican Rep. Matt Shea, the lead sponsor of Washington's sovereignty resolution told WND.
"State sovereignty has been eroded in so many areas, it's hard to know where to start," he said. "There are a ton of federal mandates imposed on states, for instance, on education spending and welfare spending."
Shea said the Obama administration's economic stimulus package moving through Congress is a "perfect example."
"In the state of Washington, we have increased state spending 33 percent in the last three years and hired 6,000 new state employees, often using federal mandates as an excuse to grow state government," he said. "We need to return government back down to the people, to keep government as close to the local people as possible."
Shea is a private attorney who serves with the Alliance Defense Fund, a nationwide network of about 1,000 attorneys who work pro-bono. As a counter to the ACLU, the alliance seeks to protect and defend religious liberty, the sanctity of life and traditional family values.
Republican state Rep. Judy Burges, the primary sponsor of the sovereignty resolution in the Arizona House, told WND the federal government "has been trouncing on our constitutional rights."
"The real turning point for me was the Real ID act, which involved both a violation of the Fourth Amendments rights against the illegal searches and seizures and the Tenth Amendment," she said.
Burges told WND she is concerned that the overreaching of federal powers could lead to new legislation aimed at confiscating weapons from citizens or encoding ammunition.
"The Real ID Act was so broadly written that we are afraid that it involves the potential for "mission-creep," that could easily involve confiscation of firearms and violations of the Second Amendment," she said.
Burges said she has been surprised at the number of e-mails she has received in support of the sovereignty measure.
"We are a sovereign state in Arizona, not a branch of the federal government, and we need to be treated as such, she insisted
http://www.worldnetdaily.com/index.p...w&pageId=88218
NEW YORK – As the Obama administration attempts to push through Congress a nearly $1 trillion deficit spending plan that is weighted heavily toward advancing typically Democratic-supported social welfare programs, a rebellion against the growing dominance of federal control is beginning to spread at the state level.
So far, eight states have introduced resolutions declaring state sovereignty under the Ninth and Tenth Amendment to the Constitution, including Arizona, Hawaii, Montana, Michigan, Missouri, New Hampshire, Oklahoma and Washington.
Analysts expect that in addition, another 20 states may see similar measures introduced this year, including Alaska, Alabama, Arkansas, California, Colorado, Georgia, Idaho, Indiana, Kansas, Nevada, Maine and Pennsylvania.
"What we are trying to do is to get the U.S. Congress out of the state's business," Oklahoma Republican state Sen. Randy Brogdon told WND.
"Congress is completely out of line spending trillions of dollars over the last 10 years putting the nation into a debt crisis like we've never seen before," Brogdon said, arguing that the Obama stimulus plan is the last straw taxing state patience in the brewing sovereignty dispute.
"This particular 111th Congress is the biggest bunch of over-reachers and underachievers we've ever had in Congress," he said.
"A sixth-grader should realize you can't borrow money to pay off your debt, and that is the Obama administration's answer for a stimulus package," he added.
The Ninth Amendment reads, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Tenth Amendment specifically provides, "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."
Brogdon, the lead sponsor of the Oklahoma state senate version of the sovereignty bill, has been a strong opponent of extending the plan to build a four-football-fields-wide Trans-Texas Corridor parallel to Interstate-35 to Oklahoma, as WND reported.
Rollback federal authority
The various sovereignty measures moving through state legislatures are designed to reassert state authority through a rollback of federal authority under the powers enumerated in the Constitution, with the states assuming the governance of the non-enumerated powers, as required by the Tenth Amendment.
The state sovereignty measures, aimed largely at the perceived fiscal irresponsibility of Congress in the administrations of Bill Clinton and George W. Bush, have gained momentum with the $1 trillion deficit-spending economic stimulus package the Obama administration is currently pushing through Congress.
Particularly disturbing to many state legislators are the increasing number of "unfunded mandates" that have proliferated in social welfare programs, such as Medicare and Medicaid, in which bills passed by Congress dictate policy to the states without providing funding.
In addition, the various state resolutions include discussion of a wide range of policy areas, including the regulation of firearms sales (Montana) and the demand to issue drivers licenses with technology to embed personal information under the Western Hemisphere Travel Initiative and the Real ID Act (Michigan).
Hawaii's measure calls for a new state constitutional convention to return self-governance, a complaint that traces back to the days it was a U.S. territory, prior to achieving statehood in 1959.
"We are trying to send a message to the federal government that the states are trying to reclaim their sovereignty," Republican Rep. Matt Shea, the lead sponsor of Washington's sovereignty resolution told WND.
"State sovereignty has been eroded in so many areas, it's hard to know where to start," he said. "There are a ton of federal mandates imposed on states, for instance, on education spending and welfare spending."
Shea said the Obama administration's economic stimulus package moving through Congress is a "perfect example."
"In the state of Washington, we have increased state spending 33 percent in the last three years and hired 6,000 new state employees, often using federal mandates as an excuse to grow state government," he said. "We need to return government back down to the people, to keep government as close to the local people as possible."
Shea is a private attorney who serves with the Alliance Defense Fund, a nationwide network of about 1,000 attorneys who work pro-bono. As a counter to the ACLU, the alliance seeks to protect and defend religious liberty, the sanctity of life and traditional family values.
Republican state Rep. Judy Burges, the primary sponsor of the sovereignty resolution in the Arizona House, told WND the federal government "has been trouncing on our constitutional rights."
"The real turning point for me was the Real ID act, which involved both a violation of the Fourth Amendments rights against the illegal searches and seizures and the Tenth Amendment," she said.
Burges told WND she is concerned that the overreaching of federal powers could lead to new legislation aimed at confiscating weapons from citizens or encoding ammunition.
"The Real ID Act was so broadly written that we are afraid that it involves the potential for "mission-creep," that could easily involve confiscation of firearms and violations of the Second Amendment," she said.
Burges said she has been surprised at the number of e-mails she has received in support of the sovereignty measure.
"We are a sovereign state in Arizona, not a branch of the federal government, and we need to be treated as such, she insisted
http://www.worldnetdaily.com/index.p...w&pageId=88218