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 2009, the states are demonstrably treated as agents of the
federal government; and
WHEREAS, many federal laws are directly in violation of the Tenth Amendment to
the Constitution of the United States; and
WHEREAS, the Tenth Amendment assures that we, the people of the United States of
America and each sovereign state in the Union of States, now have, and have
always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 says, "The United States shall guarantee to every
State in this Union a Republican Form of Government", and the Ninth Amendment
states that "The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people"; 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 OF THE 1ST
SESSION OF THE 52ND OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:
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 all compulsory federal legislation which directs states to comply under
threat of civil or criminal penalties or sanctions or requires states to pass
legislation or lose federal funding be prohibited or repealed.
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.