State Sovereignty

I’ve been reading and re-reading the Constitution and Bill of Rights lately. Mostly because of things going on that required me to make sure I wasn’t imagining rights that the people didn’t have.

I came across this article the other day referencing an article by Walter E. Williams about Oklahoma. It is an interesting read. Apparently Oklahoma is about to rebel against the abuse of power that Congress, the Senate, the White House have been presuming for decades.

Oklahoma Rebellion

Thursday, July 17, 2008

One of the unappreciated casualties of the War of 1861, erroneously called a Civil War, was its contribution to the erosion of constitutional guarantees of state sovereignty. It settled the issue of secession, making it possible for the federal government to increasingly run roughshod over Ninth and 10th Amendment guarantees.A civil war, by the way, is a struggle where two or more parties try to take over the central government. Confederate President Jefferson Davis no more wanted to take over Washington, D.C., than George Washington wanted to take over London. Both wars are more properly described as wars of independence.

Oklahomans are trying to recover some of their lost state sovereignty by House Joint Resolution 1089, introduced by State Rep. Charles Key.

The resolution’s language, in part, reads: “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 2008, the states are demonstrably treated as agents of the federal government. … Now, therefore, be it resolved by the House of Representatives and the Senate of the 2nd session of the 51st 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.”

The interesting thing is that I don’t see where in the Constitution it says that the States can turn over all their powers to the Federal Government. Perhaps they can, but I’m not seeing it.

The Tenth Amendment reads:

Amendment X

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.

Now you have to wonder when ALL the States decided to give the federal government full and complete control. Don’t you? I can’t seem to find any amendment that grants this much power to the federal government. Or maybe I’m just not understanding something? Considering this, you now have to wonder why a Federal law would take precedent over a State law.

According to Article I, Section 8 of the Constitution, the government can:

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Given all this, you have to wonder where Congress and the President think they have the final say in our everyday lives, don’t you?

I’m slowly coming to understand more of these things. The way our founding fathers wrote, does make it confusing sometimes. But I did spot a couple more things in there that will make good food for another post down the road.

In the meantime, this is more food for thought. Is it time that we the people demand our respective states recall their sovereignty and hold said states accountable to the citizens the Constitution was designed to protect? I think so!

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~ by swfreedomlover on August 5, 2008.

6 Responses to “State Sovereignty”

  1. I think we got a bit of the old slippery slope leading to the Federal Government’s usurpation of state sovereignty. One suggestion: Federal matching funds for everything under the sun – equalling Federal control. Just my first thoought.

    Hope you do post down the road,

  2. Oh, I definitely agrees on the Federal funds. That is their ‘blackmail’ ‘extortion’ ‘control’. They dangle that $$$ carrot and states just bow down and comply. And the people have been dumbed down enough to follow suit………….it’s nauseating.

  3. One has to wonder to whom the Constitutors (per the U.S. Constitution) were pledging? I for one conceptually believe that the conditioning of mind in the centers of education (schools) has tended to misrepresent whom ‘We the People of the United States’ are; and, to whom ‘The United States of America’ gave up all rights, titles, and interest in any claim, per Article VI (Debts) assumed by the U.S. Const., when forming the more perfect Union, via the Treaty of Paris, etc.

  4. Ok, forget the Constitution; it has nothing to do with state sovereignty, which by definition exists wholly independent of anything outside the people of the respective state itself. Williams is wrong to cite the Constitution about this, since states sovereignty places a state’s people as wholly superior to their state government, the federal government, or ANY government.
    Lincoln openly lied, when he claimed that the USA is a “nation,” or that states can’t “lawfully” get out of it; he even lied about the HISTORY of this supposed nation, in order to claim national authority over the states where none existed. He therefore murdered hundreds of thousands, in order to conquer sovereign tnations under lies that they WEREN’T sovereign.
    The states were wholly soveereign prior to the Constitution, and they did NOT surrender their sovereignty to the USA via the Constitution. Therefore it’s time for the citizens of every state to stand up and take back their sovereignty.

  5. […] State Sovreignty […]

  6. Too few don’t do their homework, I see…
    The constitution and the bill of rights has already been suspended!!!
    This goes by the name of The Homeland Security Act.
    I set up a blog on the Obama site that all you might be interested in…if you seriously value freedom.
    Caution! This link is not for the faint hearted.

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