UPDATE Oklahoma Concurrent Resolution 1028
Good News: The 10th Amendment Bill passed the OK Senate Wednesday 5.13.09!
HCR 1028*, Oklahoma's 10th Amendment bill, by Rep. Charles Key and Sen. Randy Brogdon passed the Oklahoma Senate this afternoon by a unanimous voice vote. This bill does not have to go the Governor's desk for signing.
* Originally HJR 1003, this bill passed both the House and Senate this session only to be vetoed by Governor Brad Henry on April 24, 2009.
Please call your Senator and thank him/her for saying Yes to state's rights.
OK Senate: 1-800-865-6490 or 1-405-524-0126.
OKTenth.com - Oklahoma's Tenth Amendment Center
State Of Oklahoma Sovereignty Legislation
(passed house on 02/18/09, senate version passed 25-17 on 03-04-09)
THE HOUSE OF REPRESENTATIVES
Monday, February 16, 2009
Resolution No. 1003
HOUSE JOINT RESOLUTION NO. 1003 - By: KEY AND REYNOLDS
of the House and BROGDON of the Senate.
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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.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 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 we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 says, “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
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 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.
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 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 be prohibited or repealed.
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.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 02-12-09 - DO PASS, As Coauthored.
OKLAHOMA STATE SENATE
1st Regular Session
SENATE JOINT RES 10 [ Constitution of U.S. - Claim sovereignty
Brogdon under Tenth Amendment over certain powers. ]
YEAS: 25 RCS# 401
NAYS: 17 3/04/2009
EXC : 6 4:01 PM
N/V : 0
Aldridge Coffee Justice Russell
Anderson Crain Lamb Schulz
Barrington Ford Marlatt Stanislawski
Bingman Halligan Myers Sykes
Branan Ivester Newberry
Brogdon Johnson (M) Nichols
Brown Jolley Reynolds
Adelson Easley Leftwich Wilson
Ballenger Garrison Lerblance Wyrick
Burrage Gumm Paddack
Corn Johnson (C) Rice
Crutchfield Laster Sparks
Bass Eason Mc Mazzei
Coates Ellis Sweeden
NOT VOTING: 0
SENATE JOINT RES 10