Monday, December 29, 2008


A Spark to Kindle a Flame or Just a Dying Ember?

On June 16, 2008 World Net Daily carried an article about new resistance to federal usurpation of States Rights. The resistance is coming from Oklahoma where State Representative Charles Key introduced Joint House Resolution 1089. The resolution, passed in the House by a 92-3 vote, says it is “serving notice to the federal government to cease and desist certain mandates.”

The fuel for this resistance is a U.S. District Judge’s injunction against enforcement of certain mandates of the Oklahoma Taxpayer and Citizen Protection Act of 2007 which USA Today said was "arguably the nation's toughest state law targeting illegal immigration."

According to WorldNetDaily, the statute prohibits illegal immigrants from receiving tax-supported services and makes it a state crime to transport or harbor illegal immigrants. It also mandates that businesses take measures to verify the work eligibility of employees and independent contractors.

I would say this is arguably the nation’s most sensible illegal immigration law. It should be adopted by the federal government. In no case should Washington interfere with such laws in the States.

Representatives of big business don’t agree. The court action was apparently in response to challenges by the U.S. Chamber of Commerce and other chambers in Oklahoma to certain of the mandates. This is not surprising. Being representative of monied interests, the chambers are often on the side of bigger government at the expense of the people.

The article quotes Representative Key: "The more we stand by and watch the federal government get involved in areas where it has no legal authority, we kill the Constitution a little at a time. "The last few decades, the Constitution has been hanging by a thread."

This comment is somewhat belated and a bit naive. The “thread” on which the old concept of the Constitution hung was cut a long time ago. A new concept of a “living Constitution” replaced it. “Living Constitution is a New-Speak term that translates to “no Constitution.”

As the old concept falls into the totalitarian conflagration, we can only hope that its flames are more than just a momentary flare and that it will continue to burn until it ignites the funeral pyres of the Washingtonian Empire and of the New World Order.

At the time this article appeared in World Net Daily, the resolution had stalled in the Oklahoma Senate with a 24-24 vote. I hope to follow up on this in another post. I have not been able to determine the final resolution. I will try to contact Representative Key.

The Resolution

2nd Session of the 51st Legislature (2008)

A Joint Resolution claiming sovereignty under theTenth Amendment to the Constitution of the United
States over certain powers; serving notice to thefederal 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.


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.

51-2-9466 SD 12/31/07

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