[Ridgerunner665]

Its about time...

104...

HOUSE JOINT RESOLUTION 104
By Campfield
A RESOLUTION relative to the sovereignty of the State of
Tennessee.
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 laws are directly in violation of the Tenth Amendment to the
Constitution of the United States; and
WHEREAS, the Tenth Amendment assures that each sovereign state possesses rights
the federal government may not usurp; and
WHEREAS, Article IV, Section 4 states, "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
- 2 - 00357964
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 OF THE ONE HUNDRED
SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE
CONCURRING, that we hereby affirm the sovereignty of the State of Tennessee 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 mandates that are beyond the scope of these
constitutionally delegated powers and 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 should be prohibited or repealed.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to
the President and the Secretary 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.

108...

HOUSE JOINT RESOLUTION 108
By Lynn
A RESOLUTION to affirm Tennessee's sovereignty under the
Tenth Amendment to the Constitution of the
United States and to demand the federal
government halt its practice of assuming powers
and of imposing mandates upon the states for
purposes not enumerated 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 2009, 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 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,
- 2 - 00394664
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. We also demand the federal
government to halt and reverse its practice of assuming powers and of imposing mandates
upon the states for purposes not enumerated 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.

 

[Snagglepuss]

Ridge, I'm lazy. Can you summarize in a sentence or two.

Snag

 

[Ridgerunner665]

Here ya go...

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,
- 2 - 00394664
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. We also demand the federal
government to halt and reverse its practice of assuming powers and of imposing mandates
upon the states for purposes not enumerated by the Constitution of the United States.

This too...

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 the sovereignty of the State of Tennessee 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 mandates that are beyond the scope of these
constitutionally delegated powers and 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 should be prohibited or repealed.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to
the President and the Secretary 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.

 

[Snagglepuss]

Cool, Thanks Ridge. Now I can get back to painting the kitchen.

Snag

 

[flyfishtn]

That is so awesome for us! Thanks for posting this.

Now we just need it to pass and I believe it will.

 

[gottripletsNC]

rut roh, that sounds awesome, but I am afraid that may be construed as secessionist.
Our current administration in NC wouldn't do that. Not after this election year.

 

[flyfishtn]

I hope they wouldn't construe protection of state's rights as secessionist but you never know. There are other states with legislation in the works now.

 

[longtooth]

Texas has one in the current legislature.

 

[Ridgerunner665]

Texas has one in the current legislature.

So do Montana and I believe Oklahoma (possibly others too...not sure)

 

[Jackdog]

I read some where that there are now 17 states that actually have bills on the floor regarding the tenth amendment.

It has nothing at all to do secession, it has everything to do with states rights.

The 10th amendment was installed in the constitution to bind the the federal government. to be a small with only a few duties. It was installed to control what the founders new could or maybe would happen. What the founders were worried about has happened. Our federal government is huge. Washington politicians have become political elitist. They pass bills into law even though popular polls show that the people do not agree with them. If the nation is to once Again become a republican form of government(the rule of law) than the 10 th amendment must be put back in full force.

The federal monster is out of control. We are currently spending trillions of dollars of barrowed money to subsidize thieves on wall street, the auto industry the bankers and extend the welfare system In short we are quickly becoming a socialist nation

 

[Ridgerunner665]

Idaho puts it in plain English...

LEGISLATURE OF THE STATE OF IDAHO

Sixtieth Legislature First Regular Session 2009

IN THE HOUSE OF REPRESENTATIVES

HOUSE JOINT MEMORIAL NO. 3

BY STATE AFFAIRS COMMITTEE

A JOINT MEMORIAL
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES
IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION
REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED STATES.

We, your Memorialists, the House of Representatives and the Senate of the State of Idaho
assembled in the First Regular Session of the Sixtieth Idaho Legislature, do hereby respectfully
represent that:

WHEREAS, the Second Amendment of the United States Constitution does not simply
provide for a collective right or a right for the states to establish militias; rather it provides for
the right of the people to keep and bear arms; and

WHEREAS, the primary purpose of the right to keep and bear arms is to protect one’s
self, family and possessions from either the private lawlessness of other persons or the tyranny
of government; and

WHEREAS, the right to keep and bear arms is also meant to protect the general private
uses of firearms in activities such as hunting and other sporting activities; and

WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 128
S.Ct. 2783 (200, recently struck down a firearms ban in the District of Columbia, explicitly
ruling that the Second Amendment protects the right of the people to possess firearms for
private use; and

WHEREAS, despite this ruling, legislation has been introduced in the United States
House of Representatives calling for a system of mandatory federal licensing of all firearm
owners; and

WHEREAS, the legislation introduced would require all firearm owners to apply for and
carry a federally issued picture identification in order to keep any firearm in their homes; and

WHEREAS, the legislation introduced would make it a federal crime to keep a loaded
firearm or an unloaded firearm and ammunition within any premises including, under certain
circumstances, American homes where a child may be present; and

WHEREAS, the legislation introduced specifically purports to preempt any state or local
law inconsistent with it; and

WHEREAS, the introduced legislation, Blair Holt’s Firearm Licensing and Record of Sale
Act of 2009, is a direct imposition on each American’s individual right to keep and bear arms
in their homes and for their protection.

NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of
the Sixtieth Idaho Legislature, the House of Representatives and the Senate concurring therein,
that members of the United States Congress cease and desist attempting to enact federal
legislation impinging on the individual right of every American to keep and bear arms in any manner.
Specifically, that members of Congress oppose the passage of the Firearm Licensing and Record of
Sale Act of 2009, and any similar legislation.

BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is hereby
authorized and directed to forward a copy of this Memorial to the President of the Senate and
the Speaker of the House of Representatives of Congress, and the congressional delegation
representing the State of Idaho in the Congress of the United States.

 

[Slow Dancer]

The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause[1]) is the provision in Article One of the United States Constitution, section 8, clause 18:


“ The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. "

This clause has been the heart of the problem of the expansion of federal power. It contradicts other language saying that powers not specifically given to the federal government in the constitution belong to the states and the people. It was a big loophole for federalists. This combined with power over inter-state commerce and the power to tax make it pretty impossible for states to operate independently regardless of what laws state legislatures pass. The U.S. Congress can tax anything to death. They could pass legislation that says you need a tax stamp to grow tomatoes, and then not issue any stamps or make them $10,000 a pop. The states would not be able to do anything to stop it.