Friday, May 15, 2009
The state sovereignty movement speaks with many voices. At its modest, the movement merely seeks to release states from unfunded federal mandates and federal strong-arming through conditioned spending programs. At its strongest, some in the movement advocate secession.
But despite significant differences within the movement, there seems to be broad agreement that the Tenth Amendment protects states from federal interference more than the Supreme Court has held in cases like New York v. United States (federal government cannot commandeer a state's legislative process by requiring a state to enact and enforce a federal regulatory program), Printz v. United States (federal government cannot require state or local officials to enforce federal law), and South Dakota v. Dole (federal government may place certain conditions upon federal funds).
Just Wednesday, the Oklahoma Senate passed House Concurrent Resolution 1028, "A Concurrent 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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution." Here are some highlights:
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 . . .
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 . . .
[therefore be it resolved]
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or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.