"Oklahoma declares sovereignty," Oklahoma House of Representatives, Resolution 1089, March 13, 2008.

...from Speak Truth to Power

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 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 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.

http://www.okhouse.gov/51LEG/Leg_Votesxx.aspx?include=okh01983.txt

http://webserver1.lsb.state.ok.us/2007-08HB/HJR1089_int.rtf

OKLAHOMA HOUSE OF REPRESENTATIVES
Fifty-First Legislature
Second Regular Session


HOUSE JOINT RES 1089Claiming sovereignty under Tenth Amendment to the United
Key States Constitution

THIRD READING PASSED

YEAS: 92 RCS# 1983
NAYS: 3 3/13/2008
EXC : 6 7:48 PM
C/P : 0

YEAS: 92

Adkins Faught Martin, Sc Roan
Armes Glenn Martin, St. Rousselot
Auffet Hamilton McCarter Schwartz
Banz Harrison McCullough Sears
Billy Hickman McDaniel, R. Shannon
Blackwell Hilliard McMullen Shelton
Braddock Hoskin McNiel Sherrer
Brannon Hyman McPeak Shoemake
Brown Ingmire Miller Shumate
Cannaday Inman Morgan Steele
Carey Jackson Morrissette Sullivan
Collins Jett Murphey Terrill
Coody Johnson, D. Nations Thompson
Cooksey Johnson, R. Peters Thomsen
Covey Jones Peterson, P. Tibbs
Cox Jordan Peterson, R. Trebilcock
Dank Joyner Piatt Turner
Denney Kern Pittman Walker
Derby Key Proctor Watson
DeWitt Kiesel Pruett Wesselhoft
Dorman Lamons Renegar Winchester
Duncan Liebmann Reynolds Wright
Enns Luttrell Richardson Mr. Speaker


NAYS: 3

Gilbert McAffrey Smithson


EXCUSED: 6

BigHorse Ellis McDaniel, J.
Cargill Lindley Worthen


CONSTITUTIONAL PRIVILEGE: 0
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