States rights and the Growing rebellion

[2HOW]

States’ Rights and the Growing Rebellion – A Status ReportPaul Hollrah


One of the inevitable consequences of the last 75 years of Democrat rule in Washington – augmented by a decade or more of gutless rule by Republican presidents and congressional majorities who thought they could win hearts and minds by imitating Democrats – is a quiet rebellion within that basic building block of our American republic: the state legislatures.
 
After many decades of uninterrupted drift toward a socialist state, and seeing a self-serving federal legislature and a bloated federal bureaucracy whose incompetence is exceeded only by its avarice, the legislatures of a number of states are beginning to take matters into their own hands. They rely on the Tenth Amendment to the U.S. Constitution which proclaims that:
 
“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."
 
Accordingly, some eight states, including Arizona, Hawaii, Montana, Michigan, Missouri, New Hampshire, Oklahoma, and Washington, are now considering either legislation or resolutions designed to reassert powers usurped by a power hungry federal establishment over the past 222 years. Typical of the proposals now under consideration is Oklahoma House Resolution 1003. Referring to the language of the 10th Amendment as its basis, the Resolution concludes:
 
“NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE:
 
“THAT the State of Oklahoma hereby 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.”
 
The resolution serves notice on the federal government that it is to “cease and desist” in the process of issuing mandates to the State of Oklahoma that exceed the powers granted to it by the U.S. Constitution, and it resolves that all compulsory federal legislation which directs the state to comply under threat of civil or criminal sanctions, or which requires the state to take certain actions or lose federal funding, shall be prohibited or repealed.
 
House Resolution 1003 is similar to a resolution filed last year which passed the Republican-controlled House by a vote of 92-3 but was stalled in an evenly-divided Senate. Republicans gained a clear Senate majority in November 2008   
 
In New Hampshire, a resolution reasserting States’ rights reads, in part, as follows:
 
“Whereas the Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America…”
 
Proving once again that the people of New Hampshire take seriously their state motto, Live Free of Die, the Resolution concludes with an ominous declaration, saying that any act of Congress, any executive order of the President of the United States, or any directive of the Federal Courts “which assumes a power not delegated to the government of United States of America by the Constitution… and which serves to diminish the liberty of the several States or their citizens, shall constitute a nullification of the Constitution of the United States of America…”
 
In Missouri, House Concurrent Resolution 0004 (2009) reasserts its sovereignty based on Barack Obama’s stated intention to sign into law a federal “Freedom of Choice Act.” The Missouri Resolution reads, in part:
 
“Whereas, Barack Obama, President of the United States, has promised that one of the top priorities of his new Administration is to sign into law the "Freedom of Choice Act" which purports to classify abortion as a "fundamental right" equal in stature to the right of free speech and the right to vote – rights that, unlike abortion, are specifically enumerated in the United States Constitution; and
 
“Whereas, the federal Freedom of Choice Act would nullify any federal or state law "enacted, adopted, or implemented before, on, or after the date of [its] enactment" and would effectively prevent the State of Missouri from enacting similar protective measures in the future…”
 
“Now, therefore, be it resolved that we, the members of the House of Representatives of the Ninety-fifth General Assembly, hereby declare our 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…”
 
In Montana, the House of Representatives is considering a bill reasserting the state’s sovereignty, using as a basis the 2nd Amendment rights of the people of Montana. House Bill 246 reads, in part, as follows:
 
“AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA…
 
“The 10th amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and (the) people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.”
 
In addition to bills and resolutions already introduced in these states and the legislatures of Arizona, Hawaii, Michigan, and Washington – telling the federal government to mind its own business, the business specifically assigned to it by the U.S. Constitution – similar proposals are under consideration in Alaska, Alabama, Arkansas, California, Colorado, Georgia, Idaho, Indiana, Kansas, Nevada, Maine, and Pennsylvania. The 20 states already considering such proposals, or contemplating such action, contain 40.2% of the total U.S. population.
 
In the year that the U.S. Constitution was written, Thomas Jefferson said, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants... God forbid we should ever be twenty years without such a rebellion; what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms."
 
Clearly, any careful reading of the U.S. Constitution should convince the reader that the primary building block of the American republic is the state legislature. They are now drawing a line in the sand and are reminding the three branches of the federal government of their Constitutional limitations. We hope that the course they have embarked upon will continue to be a bloodless one. To insure that it is, we should all lend our active support to the state legislators. They are the Patrick Henrys of our era.
 
FamilySecurityMatters.org Contributing Editor Paul Hollrah is a Senior Fellow at the Lincoln Heritage Institute

[Texas_Bryan]

I haven't even read your post, but I can tell you all you'll regret getting me started.

[1Buckshot]

This is why I live in Montana. Maybe all states should start standing up for their rights.

   

HELENA - Montana lawmakers fired another shot in battles for states' rights as they supported letting some Montana gun owners and dealers skip reporting their transactions to the federal government.

Under House Bill 246, firearms made in Montana and used in Montana would be exempt from federal regulation. The same would be true for firearm accessories and ammunition made and sold in the state.

“What we need here is for Montana to be able to handle Montana's business and affairs,” Republican Rep. Joel Boniek told fellow lawmakers Saturday. The wilderness guide from Livingston defeated Republican incumbent Bruce Malcolm in last spring's election.

 
Boniek's measure aims to circumvent federal authority over interstate commerce, which is the legal basis for most gun regulation in the United States. The bill potentially could release Montanans from both federal gun registration requirements and dealership licensing rules. Since the state has no background-check laws on its own books, the legislation also could free gun purchasers from that requirement.

“Firearms are inextricably linked to the history and culture of Montana, and I'd like to support that,” Boniek said. “But I want to point out that the issue here is not about firearms. It's about state rights.”

The House voted 64-36 for the bill on Saturday. If it clears a final vote, the measure will go to the Senate.

House Republicans were joined by 14 Democrats in passing the measure.

“I would hope that our U.S. Supreme Court would begin to retreat from what I think is an abusive interpretation of our interstate commerce clause,” said Rep. Deborah Kottel, a Democrat from Great Falls who supports the measure.

That clause in the U.S. Constitution grants Congress authority to regulate commerce with foreign nations, and among the states. The Supreme Court has handled cases seeking to limit the clause's application in recent years. In 2005, the court upheld federal authority to regulate marijuana under the clause, even when its use is limited to noncommercial purposes - such as medical reasons - and it is grown and used within a state's borders.

The Montana bill follows fears here and elsewhere that the election of Barack Obama as president will trigger more gun regulation. In the months before Obama's inauguration, Montanans rushed to stock up on guns, pushing gun sales beyond normal benchmarks despite the recession.

Opponents of the measure worry lax regulations in the state could lead to a similar surge in both gun sales and gun manufacturing.

“Who are we bringing in and is this the kind of business we want to have in this state?” asked Rep. Sue Malek, D-Missoula. “I want our state to be recognized as a state that cares about people, and that cares about the environment.”

The bill is one of a number the Legislature is considering that may extend gun rights in Montana.

Earlier in the week, the House passed another measure, HB228, that would let Montanans carry concealed weapons in city limits without having permits.

On Saturday the House Judiciary Committee narrowly passed a resolution that affirms Montanans' right to carry weapons in national parks and wildlife refuges.

[Texas_Bryan]

Read it.  I don't believe that anything short of complete reorganization of the Union will save us from the socialist and tyrannical dreams of the federal government.  It's obvious that the current Union has become fractured in its beliefs of government, the Yanks wanting their nanny states that will eventually lead them into chains, and the normal Americans who belief that a man should live his own life.  It seems as though years ago, before I was born, that the government's job was to protect a man's rights and lay down the basic structure of our nation, and organize our efforts.  But this monstrosity, far beyond corralling, will eventually give the people a list of only things it is allowed to do, "you can eat, sleep, work, and that's it, anything else and you go to jail", and now tells us what our dreams as a society are and where are efforts shall be.

The legislative public offices only serve to allow these social aristocrats to gain more power than they could have imagined in the business world.  They seek power, the ability to control millions of lives, seeking not the facts nor issues, they look for popularity and pander to all sides of controversy to gain fame.

What has the federal government done to protect our freedoms?  Now count that against all the restrictions they put against our lives and business, all the regulations they use so they might interject themselves into the state's and local governments situations.  Taking our money and spending it on what they wish, with a flick of the pen, with out consult of the voter.  They believe their election gives them free reign to go on a crazed, impulsive, joy ride in the white bricked rumpus room of America, known as Washington D.C.

We've seen what this type of government does to it's voters, ask the people of California, broke as hell, with a population seemingly fleeing the state.  Their corruption, stemming from its elected official's grabs for power by literally buying votes through welfare and socialist programs has given us all insight into our own future.

State's rights mean nothing anymore, almost literally nothing.  The true leaders of this nation ought to be the legislators and executives of our home states government.  Ask you neighbors and coworkers if they know the names of their state legislators or even their Lt. Governor.  These are the people that should make our laws and lead us into the future, these are the locals that gained our respect.  They live among us and, for the most part, don't run out seeking fame and popularity through controversy and our suffering.  This group of people is the one who knows us, our traditions and values, and have grown up with us.

But in time even they could grow to be corrupt.  The people of the world fear corruption, and some induce it, if the all powerful federal government, of any nation, can't be stopped from placing restrictions on our lives, to make us weak, how can we insure our freedoms?  We can't.  I have learned to grow an acute fear of the federal government's ability to grow out of control and the politician's desires for power.  That's what makes this so sad, the politicians should fear us, for we cannot be corrupt, we are the customer, and the customer is always right.  I would rather live in misery than have the government try to save me from myself.

The moves of the states to regain their independence should not be cembolic, they should be true standards that shut the federal government out of our lives and give us control of our destinies.  And if the federal government won't accept it and continues is corrupt one side rule of the people and attempts to punish us for living our own lives, then our worst fears have been realized.  And Americans will know what to do, because we've done it before.


Sorry for the msispelings and grammer bad.  i'M hellatirde