A RESOLUTION claiming 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 United States Constitution; and for other purposes.
The following Resolution was passed by the Georgia House of Representatives as HR 255 back in 1997. Oklahoma just passed one as well in 2008. This Resolution is in itself very valuable reading for those who truly are trying to understand State Powers, sovereignty, history, or governance. That the Georgia and Oklahoma State House of Representatives felt they needed to pass these resolutions to reclaim their sovereignty at all, indicates much; what about States and the citizens thereof that have not passed such resolutions? per the commercial maxim "a matter must be expressed to be resolved," each state, and by the same principle each individual, must claim their sovereignty otherwise it is assumed to be forfeit to a presuming administrative power.
A RESOLUTION CLAIMING SOVEREIGNTY UNDER THE 10TH AMENDMENT
1- 1 Claiming sovereignty under the Tenth Amendment to the
1- 2 Constitution of the United States over all powers not
1- 3 otherwise enumerated and granted to the federal government
1- 4 by the United States Constitution; and for other purposes.
1- 5 WHEREAS, the Tenth Amendment to the Constitution of the
1- 6 United States reads as follows:
1- 7 "The powers not delegated to the United States by the
1- 8 Constitution, nor prohibited by it to the States, are
1- 9 reserved to the States respectively, or to the people";
1-10 and
1-11 WHEREAS, the Tenth Amendment defines the total scope of
1-12 federal power as being that specifically granted by the
1-13 United States Constitution and no more; and
1-14 WHEREAS, the scope of power defined by the Tenth Amendment
1-15 means that the federal government was created by the states
1-16 specifically to be an agent of the states; and
1-17 WHEREAS, today, in 1997, the states are demonstrably treated
1-18 as agents of the federal government; and
1-19 WHEREAS, numerous resolutions have been forwarded to the
1-20 federal government by the General Assembly of Georgia
1-21 without any response or result from Congress or the federal
1-22 government; and
1-23 WHEREAS, many federal mandates are directly in violation of
1-24 the Tenth Amendment to the Constitution of the United
1-25 States; and
1-26 WHEREAS, the United States Supreme Court has ruled in
New 1-27
York v. United States, 112 S. Ct. 2408 (1992), that Congress
1-28 may not simply commandeer the legislative and regulatory
1-29 processes of the states; and
1-30 WHEREAS, a number of proposals from previous administrations
1-31 and some now pending from the present administration and
1-32 from Congress may further violate the United States
1-33 Constitution.
2- 1
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF 2- 2
REPRESENTATIVES that the State of Georgia hereby claims
2- 3 sovereignty under the Tenth Amendment to the Constitution of
2- 4 the United States over all powers not otherwise enumerated
2- 5 and granted to the federal government by the United States
2- 6 Constitution and that this measure shall serve as notice and
2- 7 demand to the federal government, as our agent, to cease and
2- 8 desist, effective immediately, mandates that are beyond the
2- 9 scope of its constitutionally delegated powers.
2-10 BE IT FURTHER RESOLVED that the Clerk of the House of
2-11 Representatives is authorized and directed to transmit
2-12 copies of this resolution to the President of the United
2-13 States, the Speaker of the United States House of
2-14 Representatives, the President of the United States Senate,
2-15 each member of Georgia's congressional delegation, and the
2-16 Speaker of the House and the President of the Senate of each
2-17 state legislature in the United States of America.
Original posting: http://www.legis.state.ga.us/legis/1997_98/leg/fulltext/hr225.htm