Over 20 rebellious states, in legislative acts reminiscent of the American South in 1860, have flexed their muscles and asserted their 10th Amendment rights since the beginning of 2009.
They are telling Barack Obama that his biggest ever Federal Government expansion bloat is over reaching and offensive to the states and their people's individual rights. These states have introduced 10th amendment reaffirming bills and They warn that Obama is off course in a terribly wrong start. These states have reaffirmed their rights as states and people under the protection of the 10th Amendment.
The 10th Amendment says, in simple English that even Washington should be able to understand and comprehend, that powers not given to the Federal Government by the "people" and the states, still belong to the "people" and the states, and not the Federal Government. The word, "people" is very important. The "people" referred to in the 10th Amendment are the very same "people" that are also specifically named in, and whose rights are also protected in the First, Second, and Ninth Amendments.
Legislatures in these states have fired a warning shot across Obama's bow, and warned against his big government expansions and over reaching in its powers over the states will not be tolerated. These bills and resolutions are not so subtle reminders that Congress, Obama, and those in his administration have forgotten that they work for the people, and not the other way around.
The Legislature in Arizona is acting on a bill that declares their state sovereignty. The people of Arizona's bill asserts their 10th Amendment right during martial law to call back their own servicemen to protect Arizona state, "…if the President or any other federal entity attempts to institute martial law or its equivalent without an official declaration in one or more of the states without the consent of that state."
Obama's government bloating "stimulus" bill, that no Congressmen actually had time to read, included nearly 9,000 pork projects in it's 1,000 plus pages. Obama falsely claimed that the bill contained no pork. The Bill also forces states to act in implementing it's provisions.
Many are upset with the Bill rewarding failing companies by giving them taxpayer money. Others are upset by Obama rewarding people who have failed mortgages by bailing them out while ignoring those who pay their bills, and forcing them to pay for other's failures.
One big, fat, prime slice of useless pork (" a porky little thing" that Americans don't care about," as Charles Schumer said with a smirk) includes Senator Harry Reid's pet pork project, which is an 8 billion dollar train to be built with taxpayer money. This so-called MagLev train (magnetic levitation) is estimated to cost $12 billion. It will run from appropriately, Disneyland, to Las Vegas, Reid's home state. He has been trying to railroad this train through the halls of Congress for years, but the porky scheme was always previously derailed, until now.
A traditional train route between California and Las Vegas was canceled in 1997 because of low ridership. Harry Reid disregards that failure, and wants to gamble with the taxpayer's money that a magnetic marvel miracle will make it work this time.
In addition to the bills and resolutions put already put forth, Montana has taken an interesting additional different course. The Montana Legislature has proposed a law that would exempt all firearms, ammunition, and gun parts made in Montana, and kept in Montana, from Federal regulations . The law could exempt purchasers of these Montana made guns from pre-purchase background checks. And now, Attorney General Holder has announced that Obama wants to make a "few firearms changes," including reinstituting the Assault weapons ban of 1994.
Montana House Bill 246 specifically says that, "A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce."
The argument is that since these products are made in Montana and stay in Montana, and never cross state lines, then they cannot be regulated by the US Government under the Constitution's Commerce Clause.
The sponsor of the Bill said it just isn't about guns. Rather, its about state's rights.
The Bradys and other gun control groups must have become apoplectic about the Montana Gun Freedom Bill.
One Montana firearms manufacturer affected by the proposed law is Cooper Firearms of Montana, which in October,2008 fired its founder CEO Dan Cooper, after pressure from gun owners who were angry that he supported Democrat Barack Obama.
California's resolution, put forth during the Clinton regime lays out their cards by saying:
WHEREAS, The 10th 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 10th Amendment defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and
WHEREAS, The scope of power defined by the 10th Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, In the year 1994, the states are demonstrably treated as agents of the federal government; and
WHEREAS, Numerous resolutions have been forwarded to the federal government by the California Legislature without any response or result from Congress or the federal government; and
WHEREAS, Many federal mandates are directly in violation of the 10th 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 United States Constitution; now, therefore, be it Resolved by the Senate and Assembly of the State of California, jointly, That the State of California hereby claims sovereignty under the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution and that this measure shall serve as notice and demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers; and be it further
Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the United States House of Representatives, the President pro Tempore of the United States Senate, each Senator and Representative from California in the Congress of the United States and to the Speaker of the House and the President of the Senate of each state legislature in the United States of America.”
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