Oklahoma shows the way?

You know, maybe there’s hope.

After a “federal” judge ruled against Oklahoma’s tough new immigration laws, the Oklahoma House of Representatives passed House Joint Resolution 1089 (with a vote of 92-3!). 

It’s one of the very, very few acts of legislation anywhere these days that I’d approve – and I do so heartily.  So here’s the whole thing:

 

STATE OF OKLAHOMA

2nd Session of the 51st Legislature (2008)

HOUSE JOINT

RESOLUTION 1089 By: Key

AS INTRODUCED

A Joint Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United

States over certain powers; serving notice to the federal government to cease and desist certain mandates; and directing distribution.

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 2008, the states are demonstrably treated as agents of the federal government; and

WHEREAS, many 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, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES

AND THE SENATE OF THE 2ND SESSION OF THE 51ST 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.

THAT this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.

THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state’s legislature of the United States of America, and each member of the Oklahoma Congressional Delegation.

51-2-9466 SD 12/31/07

 

I’ll be doggoned.  There are people who, at least when their own power is usurped, get it.  They actually want to govern government.  At least in the writing of this resolution, they’re pushing back against the central government and reasserting federalism.  They’re asking the feds to get outta their face and back onto their side of the fence.

 

Bravo.

Let’s do that here.

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7 CommentsLeave a comment

  1. What brought this about? Did I miss something?

  2. […] Go to the author’s original blog: Oklahoma shows the way? […]

  3. Oklahoma wanted to do something about immigrants filling their prisons, sucking up their charity, overwhelming their schools, etc., so they passed some laws to, essentially, enforce what’s already law. The feds, of course, don’t like laws, so they struck down Oklahoma’s. Oklahoma didn’t like that, so they did something like what Madison and Jefferson did with the Virginia and Kentucky Resolutions of 1799.

  4. I love this resolution. But I have a question for novices like me. What does it mean that it is a resolution as opposed to a bill? Does that mean that this is just a statement of their opinion with no actual legislative force to it?

  5. Well, yes, you’re right. A resolution isn’t action. But as a statement of opinion, it could be used as the basis for action, court or otherwise.
    Heck, just saying it is more than anybody’s done since 1799, so I’ll take it.

  6. Oh, and besides…All laws are only words until somebody draws a gun.

  7. I am a proud Oklahoman, and very proud or our state legislators for this action, we have for tooo long allowed the federal gov. to pass unconstitional laws, I hope an d pary its not to late, all americans should stand up and demand the federal gov. conform to the constition. God bless Oklahoma


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