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Major Victory in South Dakota!


CofCC.org News Team

The South Dakota House and Senate just passed a resolution affirming state sovereignty under the 10th Amendment.

3/2/2009 Introduced H.J. 579
3/3/2009 House of Representatives Adopt Resolution, Passed, YEAS 51, NAYS 18. H.J. 601
3/4/2009 Introduced S.J. 615
3/5/2009 Senate Concurred in Resolution, Passed, YEAS 20, NAYS 14. S.J. 642

A CONCURRENT RESOLUTION, Reasserting sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers and serving notice to the federal government to cease and desist certain mandates.
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 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 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, any Act by the Congress of the United States, Executive Order of the President of the United States of America, or Judicial Order by the judicatories of the United States of America which assumes a power not delegated to the government of the United States of America by the Constitution of the United States of America and which serves to diminish the liberty of any of the several states or their citizens constitutes a nullification of the Constitution of the United States of America by the government of the United States of America; 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 Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the State of South Dakota hereby reasserts 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; and
BE IT FURTHER RESOLVED, that all compulsory federal legislation that 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; and
BE IT FURTHER RESOLVED, that this concurrent resolution 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.

Other Updates:

The current scorecard:

Passed by State House & Senate in 09 (1)

South Dakota

Moving Ahead(5)

AZ: Passed a House Committee
OK: Passed the House
MT: Passed the House
SC: Passed House and a Senate Judiciary Committee
ID: Passed a House Committee

Killed(3)

AR: Defeated by House Committee
NH: Defeated by House
WA: Killed by House Committee Chairman

Coming down the pipeline(17)

Alaska
Georgia
Kansas
Kentucky
Indiana
Iowa
Michigan(Very Strong Support)
Minnesota(Very Strong Support Among Republicans)
New Mexico
Mississippi(Very Strong Support)
Missouri
Pennsylvania
South Dakota(Very Strong Support)
Tennessee
Texas(Very Strong Support Among Republicans)
Virginia
West Virginia