UPDATE Tennessee Senate Unanimously Affirms SovereigntyPosted on 12 June 2009Today, the Tennessee State Senate unanimously voted to pass, as amended, House Joint Resolution 108 (HJR0108). The resolution “Urges Congress to recognize Tennessee’s sovereignty under the tenth amendment to the Constitution.”The State House passed the resolution on 05-26-09 by a vote of 85-2.Tennessee joins Alaska, North Dakota, South Dakota, Idaho and Oklahoma - as the sixth state to have both their House and Senate pass a resolution in support of the 10th Amendment.The final vote was 31-0. (h/t Steve Rowland)Read the final version of the resolution below: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”; andWHEREAS, 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; andWHEREAS, 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; andWHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; andWHEREAS, 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; now, therefore,BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATECONCURRING, that we hereby affirm Tennessee’s 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 a committee of conference and correspondence be appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several states, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of Tennessee’s Congressional delegation.If you enjoyed this post:Click Here to Get the Free Tenth Amendment Center Newsletter
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Legislators in Tennessee submitted House Joint Resolution 108 (HJR0108) on February 18th. While it’s non-binding, some of the language is quite well put. Here’s the intro:A RESOLUTION to affirm Tennessee’s sovereignty under the Tenth Amendment to the Constitution of the United States and to demand the federal government halt its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States.Halting the practice of assuming powers not enumerated is a great step. Rolling back all the previous unconstitutional legislation is also a must in the future.Here’s the rest of the bill:HOUSE JOINT RESOLUTION 108By LynnWHEREAS, the Tenth Amendment to the Constitution of the United States reads asfollows: “The powers not delegated to the United States by the Constitution, nor prohibited by itto the States, are reserved to the States respectively, or to the people”; andWHEREAS, the Tenth Amendment defines the total scope of federal power as being thatspecifically granted by the Constitution of the United States and no more; andWHEREAS, the scope of power defined by the Tenth Amendment means that thefederal government was created by the states specifically to be an agent of the states; andWHEREAS, today, in 2009, the states are demonstrably treated as agents of the federalgovernment; andWHEREAS, many powers assumed by the federal government and federal mandatesare directly in violation of the Tenth Amendment to the Constitution of the United States; andWHEREAS, 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 andregulatory processes of the states; andWHEREAS, a number of proposals from previous administrations and some nowpending from the present administration and from Congress may further violate the Constitutionof the United States; now, therefore,BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDREDSIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATECONCURRING, that we hereby affirm Tennessee’s sovereignty under the Tenth Amendment tothe Constitution of the United States over all powers not otherwise enumerated and granted tothe federal government by the Constitution of the United States. We also demand the federalgovernment to halt and reverse its practice of assuming powers and of imposing mandatesupon the states for purposes not enumerated by the Constitution of the United States.BE IT FURTHER RESOLVED, that a committee of conference and correspondence beappointed by the Speaker of the House and of the Senate, which shall have as its charge tocommunicate the preceding resolution to the legislatures of the several states, to assure themthat this State continues in the same esteem of their friendship and to call for a joint workinggroup between the states to enumerate the abuses of authority by the federal government andto seek repeal of the assumption of powers and the imposed mandates.BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted tothe President of the United States, the President of the United States Senate, the Speaker andthe Clerk of the United States House of Representatives, and to each member of Tennessee’sCongressional delegation.

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  • Below is where the TN State Sov. Bill stands as of 3-30-09.

    http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HJ...

    http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HJ...
    Tennessee General Assembly Legislation


  • LEGISLATIVE ACTION ALERT
    April 18, 2009

    Tennessee General Assembly information here.http://www.legislature.state.tn.us/To email legislators, look on the left side of the page, select Legislators then select House Members or Senate Members, or ‘Find My Legislator’.

    Phone calls can go to the Legislative Switchboard: (615) 741-3011 or to the Toll Free number 1-800-449-8366+1+ last four digits of office phone number (available at the same location).
    "The difference between the path toward greater freedom or bigger government is the difference between success and failure; between opportunity and coercion; between faith in a glorious future and fear of mediocrity and despair; between respecting people as adults, each with a spark of greatness, and treating them as helpless children to be forever dependent; between a drab, materialistic world where Big Brother rules by promises to special interest groups, and a world of adventure where everyday people set their sights on impossible dreams, distant stars, and the Kingdom of God. We have the true message of hope for America." – Ronald Reagan

    FOR YOUR PRAYER LIST:
    Speaker Kent Williams has not been at the Capitol this week because of the illness of his father. Roby Williams did pass away. The funeral will be Sunday afternoon in Elizabethton.

    Please remember this family. Continue to remember Speaker Pro Tem Lois DeBerry (D-Memphis) in her health struggles and Rep. Ben West (D-Nashville) as he continues to recover from his openheart surgery.

    MENTAL HEALTH SCREENING BILL:
    HB 1552 by *Harwell ( *SB 0850 by *Black)

    Education - As introduced, places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles; requires certain consent by a juvenile's parent, guardian, legal custodian, or caregiver before such testing can occur.

    Another thrilling VICTORY: HB 1552 was in Calendar and Rules Tuesday morning. Without discussion or debate, it was passed out of that Committee and placed on the Consent Calendar Monday evening, April 20. Now, the bill could be ‘bumped’ off the consent calendar and heard separately, but please join me in praying that it will stay on the Consent Calendar. It is so hard to believe that after four years of extremely difficult work, we are just one vote away from providing this protection of parental rights to be involved in the mental health care of their children.

    SPECIAL NOTE:
    Frequently I ask the Lord to “let me know the things I need to know even if I don’t know I need to know them.” I cannot tell you how many times God has graciously answered that prayer and He did that again this week. I attended the State Board of Education meeting on Friday. On the agenda for ‘First Reading’, was “Mental Health Standards and Guidelines.” These will be reviewed and changed before being brought back to the Board at their October meeting. How perfect is the Lord’s timing!! This extensive proposal makes our bill even more important the make sure that parent’s rights are protected!!

    OPPOSING THE UN CONVENTION ON THE RIGHTS OF THE CHILD:
    *HJR 0369 by *Bell
    Curtiss, Bass, Harmon, DeBerry J, Bone, Casada, Weaver, Dunn, Floyd, Shipley, Cobb J, Swafford, Mumpower, Hawk, Haynes, Niceley, Matlock, Harwell. Urges United States Senate to reject ratification of United Nations Convention on the Rights of the Child.
    Without a doubt, this is one of the most important things we are doing this year. The UN Convention on the Rights of the Child was signed by the Clinton Administration in 1995, but, thankfully, has never been ratified by the United State Senate. First, ANY United Nations treaty is suspect on its face. Second, according to Article VI, any treaty ratified by the US Senate becomes 'law of the land'.

    The United Nations has no business telling parents how to raise their children.



    LEGISLATIVE ACTION ALERT
    April 18, 2009

    Tennessee General Assembly information here.
    To email legislators, look on the left side of the page, select Legislators then select House Members or Senate Members, or ‘Find My Legislator’.

    Phone calls can go to the Legislative Switchboard: (615) 741-3011 or to the Toll Free number 1-800-449-8366+1+ last four digits of office phone number (available at the same location).



    "The difference between the path toward greater freedom or bigger government is the difference between success and failure; between opportunity and coercion; between faith in a glorious future and fear of mediocrity and despair; between respecting people as adults, each with a spark of greatness, and treating them as helpless children to be forever dependent; between a drab, materialistic world where Big Brother rules by promises to special interest groups, and a world of adventure where everyday people set their sights on impossible dreams, distant stars, and the Kingdom of God. We have the true message of hope for America." – Ronald Reagan



    FOR YOUR PRAYER LIST:
    Speaker Kent Williams has not been at the Capitol this week because of the illness of his father. Roby Williams did pass away. The funeral will be Sunday afternoon in Elizabethton.

    Please remember this family. Continue to remember Speaker Pro Tem Lois DeBerry (D-Memphis) in her health struggles and Rep. Ben West (D-Nashville) as he continues to recover from his openheart surgery.



    MENTAL HEALTH SCREENING BILL:
    HB 1552 by *Harwell ( *SB 0850 by *Black)

    Education - As introduced, places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles; requires certain consent by a juvenile's parent, guardian, legal custodian, or caregiver before such testing can occur.
    Another thrilling VICTORY: HB 1552 was in Calendar and Rules Tuesday morning. Without discussion or debate, it was passed out of that Committee and placed on the Consent Calendar Monday evening, April 20. Now, the bill could be ‘bumped’ off the consent calendar and heard separately, but please join me in praying that it will stay on the Consent Calendar. It is so hard to believe that after four years of extremely difficult work, we are just one vote away from providing this protection of parental rights to be involved in the mental health care of their children.

    SPECIAL NOTE: Frequently I ask the Lord to “let me know the things I need to know even if I don’t know I need to know them.” I cannot tell you how many times God has graciously answered that prayer and He did that again this week. I attended the State Board of Education meeting on Friday. On the agenda for ‘First Reading’, was “Mental Health Standards and Guidelines.” These will be reviewed and changed before being brought back to the Board at their October meeting. How perfect is the Lord’s timing!! This extensive proposal makes our bill even more important the make sure that parent’s rights are protected!!




    OPPOSING THE UN CONVENTION ON THE RIGHTS OF THE CHILD:
    *HJR 0369 by *Bell
    Curtiss, Bass, Harmon, DeBerry J, Bone, Casada, Weaver, Dunn, Floyd, Shipley, Cobb J, Swafford, Mumpower, Hawk, Haynes, Niceley, Matlock, Harwell. Urges United States Senate to reject ratification of United Nations Convention on the Rights of the Child.
    Without a doubt, this is one of the most important things we are doing this year. The UN Convention on the Rights of the Child was signed by the Clinton Administration in 1995, but, thankfully, has never been ratified by the United State Senate. First, ANY United Nations treaty is suspect on its face. Second, according to Article VI, any treaty ratified by the US Senate becomes 'law of the land'.

    The United Nations has no business telling parents how to raise their children.

    Family law has always been a 'states rights' issue and a UN treaty should not be overriding our state laws. Because of the Democrat control Sen. Barbara Boxer (California) wants to bring this treaty up for ratification. Go HERE for more details.

    ACTION ITEM: Go HERE to send an email of support to your State Representative.
    http://www.votervoice.net/Core.aspx?AID=923&APP=GAC&IssueID...

    PRO-LIFE AMENDMENT TO THE STATE CONSTITUTION:
    *SJR 0127 by *Maggart

    Constitutional Amendments - Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects right to abortion or requires the funding of an abortion; states that the people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.

    UPDATE: SJR 127 has been assigned to the Budget Subcommittee where the vote is expected to be very close. Because of absences of various members, action on this proposal was postponed until April 29.


    PROTECTING RELIGIOUS LIBERTY:
    *SB 1283 by *Bunch ( HB 1598 by *Lynn)

    Religion and Religious Organizations - As introduced, prohibits a government entity from substantially burdening a person's free exercise of religion unless it demonstrates the application of the burden is essential to further a compelling government interest and is the least restrictive means of furthering that interest.


    In a culture that is continually trying to restrict our religious freedoms, this excellent bill introduced by Family Action Council of Tennessee endeavors to provide much needed protection. For background information, go HERE. http://www.factn.org/religiousfreedomprotectionacts.htm Both bills were postponed from last week but are on the respective calendars for next week.

    ACTION ITEM: Go HERE to send an email of support. http://www.votervoice.net/Core.aspx?AID=923&APP=GAC&IssueID...

    PROTECTING PARENTAL RIGHTS TO CHILD’S MEDICAL RECORDS:
    HB 1762 by *Shipley ( SB 2089 by *Beavers)

    Medicine, Practice of - As introduced, requires doctors and hospitals treating minor children to release the results of medical tests and procedures performed on the child to the child's parents upon request.

    UPDATE: To you and me this seems to be so basic – you take you teen to the doctor, give permission for certain tests, you are required to pay for these tests, but you CANNOT have access to the results unless your teenager gives his or her permission. What is wrong with this picture??? Rep. Toney Shipley (R-Kingsport) has a constituent who ran head long into this situation. Dad Sid Daugherty told his compelling story to the committee this week. Also testifying in favor of this bill was Eric Potter, M.D., who is serving as the Tennessee Director for ParentalRights.org. Testifying against the bill was OB/GYN who supports Title X of the Public Health Service Act that calls confidentially for teenagers. This federal law permits your teen to be tested and treated for STDs, receive birth control, etc., confidentially.

    ACTION ITEM: Please go HERE and urge committee members to support parental rights. http://www.votervoice.net/Core.aspx?AID=923&APP=GAC&IssueID...
    EQUAL RIGHTS FOR HOME SCHOOLED STUDENTS:
    SB 0433 by *Bunch ( *HB 0431 by *Bell)

    Schools, Home - As introduced, requires that diplomas issued by home schools be recognized by all state and local governmental entities as having the same rights and privileges of diplomas issued by public school systems.

    HB 431 is in the K-12 Subcommittee this week. If your House member is listed here, please send him or her an email politely urging support for this important bill: Les Winningham,
    Rep. Judy Barker, Tommie Brown, Mark Maddox.

    PRESERVING STATE SOVEREIGNTY:
    *HJR 0108 by *Lynn

    Memorials, Congress - Urges Congress to recognize Tennessee's sovereignty under the tenth amendment to the Constitution.
    From Rep. Susan Lynn’s (R-Mt. Juliet) Blog:
    State sovereignty is a big deal to state legislators; hopefully, it is to you as well. It is what keeps the federal government from over stepping its constitutional bounds. Today many state legislators, including some in Tennessee, have decided it is time to affirm state sovereignty under the Tenth Amendment to the Constitution of the United States and demand the federal government halt its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution. The history of the formation of our federal government is long and complex but what the framers sought was a government that protected man’s natural rights; declared by the Declaration of Independence to be the right to life, liberty and the pursuit of happiness; better interpreted to mean that all men, by nature are equally free and independent with the right to work, acquire property and pursue their own individual happiness. Read more here.http://susan-lynn.blogspot.com/2009/02/hjr-108-state-sovereignty.html

    ACTION ITEM: This important resolution was postponed but is in the Civil Practice Subcommittee on Tuesday. Go HERE to send an email of support.http://www.votervoice.net/Core.aspx?AID=923&APP=GAC&IssueID...

    EXPANDING THE AVAILABILITY OF ALCOHOL:
    *SB 0120 by *Ketron ( HB 1158 by *Shepard)

    Wine, Wineries - As introduced, creates an additional class of licenses allowing the sale of wine at certain retail food stores; requires person purchasing wine at certain retail food stores to present photo identification.
    UPDATE:
    I am so pleased to report that the House bill was taken ‘off notice’, meaning that it will not be run this year. In the article linked here, Shepard pulls bill allowing grocery store wine sales, Shepard said that Senate sponsor, Sen. Bill Ketron, (R-Murfreesboro) would announce a joint study committee between the House and Senate to investigate the issue in-depth this summer.

    NOTE: There was an article in the Nashville Business Journal that the Fiscal Review Committee found that allowing wine sales in grocery stores would generate more tax revenue. This assertion makes my case in that “whatever we legalize or expand, we get more of”. This move would mean more people buying and consuming alcohol, which will result in more impaired drivers on the road with the risks that brings, increased possibility of more broken homes, etc. I am all for raising revenue for state and local government but not at the expense of our homes and families.

    PROVING CITIZENSHIP TO VOTE:
    HB 1838 by *Todd ( *SB 1999 by *Norris)

    Election Laws -
    As introduced, requires citizenship status to be proven prior to registration to vote and requires certain procedures to ensure identity and citizenship status prior to voting.

    UPDATE: After extended discussion and opposing testimony from Ms. O’Brien from the League of Women Voters that bills itself as a non-partisan group (it did start out that way but over time became a very liberal organization) and Patrick Willard representing the AARP, the bill failed on a straight party line vote. Since only American citizens are qualified to vote, it seems fundamental to require proof of citizenship.

    Voting aye were: Jim Coley (R-Bartlett), Josh Evans (R-Greenbrier), Eric Watson (R-Cleveland). Voting no were: Gary Moore (D-Joelton), Harry Tindell (D-Knoxville), Eddie Yokley (D-Greenville).

    FOR THE ‘RIGHT WING EXTREMEISTS’:
    If you want to voice your thoughts to the Department of Homeland Security, the phone number is 202-282-8000.


    DENIED: KURITA APPEAL CONTINUES:

    State Sen. Tim Barnes’s motion to dismiss an appeal filed by former state Sen. Rosalind Kurita seeking a reversal of the court’s decision to uphold the decision of the state Democratic Party to strip her of the nomination for state Senate last November has been denied.
    Tennessee General Assembly
  • Tennessee State Sovereignty Update

    *HJR0104 by *Campfield, *Rich.
    General Assembly, Statement of Intent or Position - Affirms Tennessee's sovereignty under the tenth amendment to the United States Constitution. -
    The Abstract summarizes HJR0104 as introduced.


    See Video Below. Scroll down to HJR104
    "">http://tnga.granicus.com/MediaPlayer.php?
  • AFFIRMING THE 10TH AMENDMENT:
    HJR 0108 by *Lynn

    Memorials, Congress - Urges Congress to recognize Tennessee's sovereignty under the tenth amendment to the Constitution. This Resolution is on the House Floor Tuesday afternoon.


    ACTION ITEM: Please go HERE to send an email of support to your House member.
    http://www.votervoice.net/Core.aspx?AID=923&APP=GAC&IssueID...
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