Wednesday, February 25, 2009

Texas State Sovereignty Bill

After my previous posts about State sovereignty bills, I contacted my State Representative to see if such a thing was in the works in TX. I received a response the next day saying that they had gotten many e-mails similar to mine and that a couple of days ago, a State sovereignty bill was introduced to the Texas House of Representatives. So I found it online and read it. Here are some snips.

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

RESOLVED, 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

I like the Montana one more because it actually enumerates some of the things that the bill is talking about. I am glad that Texas is taking these measures. As with the other states, will the follow through be there?

It looks as though there is a second resolution about State sovereignty here in Texas. Here are sections of it. I like this one more because it is more specific.

WHEREAS, The Constitution of the State of Texas declares that
Texas is a free and independent State, subject only to the
Constitution of the United States, and the maintenance of our free
institutions and the perpetuity of the Union depend upon the
preservation of the right of local self-government, unimpaired to
all the States

WHEREAS, The 50 states composing the United States of America
are not united on the principle of unlimited submission to their
general government but by a compact, described as "a Constitution
for the United States of America

WHEREAS, The Constitution of the United States delegated to
Congress a power to punish treason, counterfeiting the securities
and current coin of the United States, piracies, felonies committed
on the high seas, offences against the law of nations, slavery, and
no other crimes whatsoever; it being true as a general principle,
and one of the amendments to the Constitution having also declared,
that "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," therefore all acts of
Congress that undertake to create, define, or punish crimes, other
than those so enumerated in the Constitution, are altogether void
and of no force; the power to create, define, and punish such other
crimes is reserved, and of right appertains, solely and exclusively
to the respective states, each within its own territory;

that in cases of
an abuse of the delegated powers, the members of the general
government, being chosen by the people, a change by the people would
be the constitutional remedy, but where powers are assumed that
have not been delegated, a nullification of the act is the rightful

It goes on to list some specific things that are unconstitutional: Being required to joined the armed forces in a time of peace, being required to do public service (except in lieu of jail time), infringement of freedom of speech, infringement of freedom of religion, and infringement on the right to keep and bear arms.

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