Ohio Sovereignty bill

[copperhead]

http://www.legislature.state.oh.us/res.cfm?ID=128_HCR_11

 

A CONCURRENT RESOLUTION

To claim sovereignty over certain powers pursuant to the Tenth Amendment to the Constitution of the United States of America, to serve notice to the federal government to cease and desist certain mandates, and to insist that certain federal legislation be prohibited or repealed.

 

 

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO

(THE SENATE CONCURRING):

 

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 to the federal government by the Constitution of the United States and no more; and

 

WHEREAS, The scope of power defined by the Tenth Amendment signifies 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 directly violate the Tenth Amendment to the Constitution of the United States; and

 

WHEREAS, The Tenth Amendment assures that we, the people of the United States 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 of the Constitution of the United States, states in part, "The United States shall guarantee to every State in this Union a Republican Form of Government," and the Ninth Amendment to the Constitution of the United States 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 ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

 

WHEREAS, A number of proposals by previous administrations, some now pending proposals by the present administration, and some proposals by Congress may further violate the Constitution of the United States; now therefore be it

 

RESOLVED, That the State of Ohio 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; and be it further

 

RESOLVED, That this resolution 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 the constitutionally delegated powers; and be it further

 

RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalty or sanction or that requires states to enact legislation or lose federal funding be prohibited or repealed; and be it further

 

RESOLVED, That the Clerk of the House of Representatives transmit authenticated copies of this resolution to the President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Representatives and the President of the Senate of each other state's legislature, and each member the Ohio Congressional delegation.

[copperhead]

Lifted from Arfcom....

 

[span style=font-weight: bold]Originally Posted By Bigohio:[/span]

[span style=font-weight: bold]Originally Posted By suprshootr:[/span]

Could somebody explain to me why this bill is so important?

 

" WHEREAS, A number of proposals by previous administrations, some now pending proposals by the present administration, and some proposals by Congress may further violate the Constitution of the United States; now therefore be it"

 

We the people of Ohio petitioned our legislators for CCW, which led to state wide pre-emption and the castle doctrine. These laws are in accordance with our state and U. S constitution. They are protected under the 2nd amendment, and the 10th amendment which protects our rights to govern ourselves. If Washington DC in all of its wisdom decides to adopt another AWB, this legislation would point out that they are violating the U.S. Constitution, and our state laws. Service rifles (AR's AK's etc) are perfectly legal in OH. The Fed. .Gov can't just roll right in and adopt federal laws that overturn state laws. It violates the constitution. It's not perfect or bullet proof, but is a damn good start. Please call your state rep and urge him/her to support this bill. That's why it's so important.

 

 

 

A letter was sent to Eric Holder this week. It was signed by 65 DEMOCRATIC member of the house. It stated that they would not support another AWB, three of those Democrats were from OH. Our voices are being heard.

[copperhead]

Cliffs:

 

What makes this bill awesome is that IF the .fed decides to make a new assault weapon ban, Ohio can rule it to be unconstitutional citing the 2nd and 10th amendments.

 

States rights FTW

[GonneVille]

Actually, it doesn't really mean all that much. It's just a statement of disapproval, not any kind of binding legislation. It's the equivalent of an angry letter.

Still, it's heartening to see more and more states making these statements of disapproval. Just as a measure of the political climate right now, it's reassuring.

[RedRocket1647545505]

epic