Constitutional Emergency

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(failed in committee on 03-04-09 passed committee 04-01-09 failed House vote, 54-34)

HCR1011


State of Arkansas
87th General Assembly
Regular Session, 2009 HCR 1011

By: Representatives Hobbs, Woods, Ragland


HOUSE CONCURRENT RESOLUTION CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS AND SERVING NOTICE TO THE FEDERAL GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES.

SubtitCLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS AND SERVING NOTICE TO THE FEDERAL GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES.


WHEREAS, the Tenth Amendment to the Constitution of the United States provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited to it by 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 state; and

WHEREAS, today, in 2009, the states are demonstrably treated as agentsof 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, Article IV, Section 4 of the United States Constitution states in part that “[t]he United States shall guarantee to every State in thisUnion a Republican Form of Government” and the Ninth Amendment to the United States Constitution states that “[t]he enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others retainedby the people”; and

WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (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 OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, THE SENATE CONCURRING THEREIN:

THAT the State of Arkansas 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.

BE IT FURTHER RESOLVED that this resolution 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.

BE IT FURTHER RESOLVED that it is the position of the State of Arkansas that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation 1 or lose federal funding be prohibited or repealed.

BE IT FURTHER RESOLVED that the clerk of the House of Representatives distribute a copy of this resolution 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 Arkansas Congressional delegation.

(failed in committee on 3-4-09)

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Attention Arkansas Patriots

This is what I recvd from e-mail I sent re: our Soverignty bill.

From: Rep. Steve Harrelson
To: Pamela Manard
Sent: Thursday, March 5, 2009 4:06:03 PM
Subject: RE: Please vote YES for States Rights HCR1011


It’s the language. I’m not interested in having my name on a resolution that sends notice to my Congressman Mike Ross and demands that he cease and desist immediately from specific acts. The 10th Amendment is the most powerful tool the states have, but this resolution was over the top with the language. Ross knows what the 10th Amendment says. He knows how I and others feel about sovereign rights of the states – he was once a state legislator himself. I’d reconsider if the inflammatory language is toned down. I support states’ rights, I support the 10th Amendment, and I believe that my representative knows, comprehends, and sympathizes with this. I don’t mind setting aside debates on tax cuts, the economy, and the state budget to discuss this non-binding resolution, but I won’t support it if it includes the inflammatory language currently engrossed. Thank you for writing with your concerns.



Steve



__________________________
Rep. Steve Harrelson
District 1- Texarkana
www.steveharrelson.com/blog


I really did not know how to respond if this was really non-binding as he says. Nevertheless, I don't like his outlook concerning this issue! He needs to be ousted with a number of others. Someone has said we need to especially concentrate on changing things State by State on a local level.I Believe that is right - We have alot of work to do in Arkansas.

Comments?
NEW UPDATE ON ARKANSAS SOVEREIGNTY BILL - ACTION NEEDED

Two bills passed through committee on 4/1/09, so they now move on to the House. We need them to pass! Please email and call your Reps RIGHT NOW to urge approval of both of these bills. Call your Senators also, because if these pass the House, they'll go right to the Senate. Important info is below.

House of Representatives 501-682-6211
Senate 501-682-2902

Find your Rep here: http://www.arkansas.gov/house/reps.php
Find your Senator here: http://www.arkansas.gov/senate/senators.html//">http://www.arkansas.gov/senate/senators.html


HCR1011 (Hobbs) CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT.

The 10th Amendment, which is part of the Bill of Rights, states 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." HCR1011 is a resolution that would enable Arkansas to reclaim its 10th Amendment right to reject any and all acts of Congress that go beyond its enumerated powers in violation of the 10th Amendment. We are telling the federal government that we are a sovereign state and want to be treated as such. We are not a branch of the federal government.

It is inconceivable that a State Representative would not treasure States Rights. Voting for a simple bill that makes the statement that the people of Arkansas believe in, support and expect our States Rights to be honored, is the patriotic action we would expect of our elected officials. Please contact these legislators and ask them to vote YES regarding our state rights!!

* * * * * * * * *

HCR1022 (Hobbs) TO RESCIND THE PREVIOUS APPLICATION BY THE GENERAL ASSEMBLY TO THE CONGRESS OF THE UNITED STATES THAT IT CALL A CONSTITUTIONAL CONVENTION TO PROPOSE AN AMENDMENT TO THE CONSTITUTION TO BALANCE THE PUBLIC DEBT.

Just a little bit about the Constitutional Convention. This bill is to rescind the application by the 1979 Arkansas General Assembly to the Congress of the United States to call a Constitutional Convention to balance the public debt.

Since there is no way to limit the actions of a Constitutional Convention, it would be very risky to hold one. There is no way to insure that a convention would obey and stick to one subject. After convened, it would be too late to stop it if we would not like its agenda. Whatever gain might be hoped for would not be worth the risk involved. Yes, it would be ideal if the Federal Government would balance the public debt, but it should not take an amendment to the Constitution to do it.
Thanks Pamela for your help!! I appreciate all you do! Let me know if you hear anything on HCR1011 today!! Thank you again! : )
UPDATE 4/3/09

FAILED IN HOUSE TODAY - AR Sovereinty Bill HCR!011
{also HCR 1022 re: rescending commitee to re-write AR Constitution}
http://www.arkleg.state.ar.us/assembly/2009/R/Pages/Votes.aspx?rcsn...

The Following contributed by Jacque Martin of the Patriot Resistance:

Below is a list of AR state representatives that voted down HCR1011 and HCR1022 concerning state sovereignty.

I have also added links to additional information and uploaded the Congressional Research Service report that was provided to the US Congress on this subject 02/01/08.
http://www.tenthamendmentcenter.com/2009/02/09/state-sovereignty-mo...

http://orangejuiceblog.com/2009/04/state-sovereignty-movements-swee...

HCR1011 Votes
NAYS - Allen, Betts, Blount, Breedlove, Carroll, Cheatham, Cole, Cook, Cooper, Davis, Flowers, G. Smith, Gaskill, Hall, Hardy, Harrelson, Hawkins, House, Hoyt, Hyde, Ingram, J. Brown, J. Dickinson, J. Edwards, J. Roebuck, Kidd, L. Cowling, L. Smith, Lindsey, Lovell, Lowery, Maxwell, McCrary, McLean, Moore, Nickels, Nix, Patterson, Pierce, Powers, Rainey, Reep, Saunders, Shelby, Stewart, T. Baker, T. Bradford, T. Rogers, Tyler, W. Lewellen, Wagner, Webb, Williams, and Word.

NON-VOTING - Abernathy, Clemmer, D. Creekmore, Davenport, Dunn, Everett, George, M. Burris, Maloch, Mr. Speaker, Overbey, Wells.

HCR1022
NAYS - Adcock, Allen, B. Wilkins, Blount, Carnine, Carroll, Cash, Cheatham, Cole, Cook, Cooper, Davis, Flowers, G. Smith, Gaskill, Hall, Hardy, Harrelson, Hawkins, House, Hoyt, Hyde, Ingram, J. Brown, J. Dickinson, J. Roebuck, Kidd, L. Cowling, L. Smith, Lindsey, Lovell, Maxwell, McCrary, McLean, Nickels, Nix, Patterson, Pennartz, Pierce, Powers, Rainey, Reep, Saunders, Shelby, T. Baker, T. Rogers, Tyler, W. Lewellen, Wagner, Webb, Williams, and Word.

NON-VOTING - Abernathy, Breedlove, Davenport, Dunn, Everett, George, J. Edward, Lowery, M. Burris, Maloch, Mr. Speaker, Overbey, and T. Bradford.
What is Arkansas going to do about Blanche Lincoln. Does Clinton still run the state?

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