Oklahoma House of Representatives Declares Sovereignty

weslinder · Jun 16, 2008

Second best thing to come out of Oklahoma, after I-45 South. Let's hope it's not just rhetorical.

http://politicalinquirer.com/2008/06/15/oklahoma-declares-sovereignty/

STATE OF OKLAHOMA
2nd Session of the 51st Legislature (2008)
HOUSE JOINT
RESOLUTION 1089 By: Key
AS INTRODUCED
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; 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 2008, the states are demonstrably treated as
agents of the federal government; and
WHEREAS, many federal mandates are directly in violation of the
Tenth Amendment to the Constitution of the United States; 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 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.
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.
Click to expand...

rocketsjudoka · Jun 16, 2008

It sounds good in principle but what specifically are they claiming sovereignity too? I agree the Tenth Ammendment has taken a beating but part of the problem is that things like the commerce clause have been interpreted so broadly that the Fed is able to step in while still arguing it is in compliance with the Constitution. As a statement of principle this may not change anything until we see what specifically OK is challenging. Even then the solution will largely have to be in the courts to rule on whether the Fed is overstepping its Constitutional bounds and not for OK to unilaterally decide.

rhester · Jun 16, 2008

As long as Oklahoma doesn't try to jack with our oil I think they will be fine.

but if they go OPEC on us it might be time for Shock and Awe Oklahoma

Sooner423 · Jun 16, 2008

Long live Oklahoma!!

What exactly does this mean again? In what way is our sovereignty being diminished?

rodrick_98 · Jun 16, 2008

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Oklahoma House of Representatives Declares Sovereignty

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