Some interesting documents in this new year:
- Arizona Legislature declares sovereignty, invokes the Tenth Amendment (HCR 2024);
- New Hampshire legislature offers up a States' Rights resolution (HCR 0006).
Some interesting stuff here. Let's look at those a bit. First the Arizona resolution:
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
[...]
- That the State of Arizona 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 Resolution serves 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 that 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or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.
And Arizona then goes on to put not only the White House and Congress on notice, but all the other state legislatures as well by way of example. General summary of the above: "The Federal government has abused its powers and assumed powers beyond its Constitutional authority, and the State of Arizona isn't going to stand for it any more." With the Constitution itself and the US Supreme Court cited as justification.
Then along comes New Hampshire. New Hampshire's resolution goes into considerably greater depth citing justification and authority, as well as setting out in detail the ways in which the Federal government has exceeded its Constitutional authority and construed "words meant by the instrument to be subsidiary only to the execution of limited powers" in such a way as to give unlimited powers. The language gets rather dense through the middle of the resolution, but it closes with a bang:
[...]
That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:
- Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.
- Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.
- Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.
- Surrendering any power delegated or not delegated to any corporation or foreign government.
- Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.
- Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and
That should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government; and
That copies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature.
In short, this resolution puts the Federal Government on notice in no uncertain terms — "This far, and no further" — and once again, serves notice to the other states as well.
Let's not underestimate what is being said here. New Hampshire is in many ways being rather more blunt than Arizona. Arizona's resolution says, "You have exceeded your authority, these laws are null and void, we demand their repeal." New Hampshire is continuing from there to say "Push this any further, and you're fired"; warning Congress and the President that if they pass any further laws beyond their Constitutional authority, New Hampshire will no longer recognize the authority or Constitutional legitimacy of the Federal Government.
There's no telling whether either of these resolutions will pass. But if they do, and if enough other states follow suit — these could be the first shots in a second American Revolution. Whether or not the Feds try to make a fight out of it, there could be a world-changing upheaval on the way.
It was widely said in 2000 that voters elected Bush because they were angry at the Clinton administration. Then it was widely said in 2008 that voters elected Obama because they were angry at the Bush administration. Perhaps these are the first tangible signs that America has just plain flat-out had enough.
