PDA

View Full Version : Oklahoma formally declares sovereignty.



radamanthys
06-15-2008, 03:07 AM
STATE OF OKLAHOMA
2nd Session of the 51st Legislature (2008)
HOUSE JOINT
RESOLUTION 1089 By: Key
AS INTRODUCED
A Joint Resolution claiming sovereignty under the
Tenth Amendment to the Constitution of the United
States over certain powers; serving notice to the
federal government to cease and desist certain
mandates; and directing distribution.
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 2008, the states are demonstrably treated as
agents of the federal government; and
WHEREAS, 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, 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
AND THE SENATE OF THE 2ND SESSION OF THE 51ST OKLAHOMA LEGISLATURE:
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 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.

http://www.ok-safe.com/files/documen...JR1089_int.pdf (http://www.ok-safe.com/files/documents/1/HJR1089_int.pdf)

http://www.okhouse.gov/51LEG/Leg_Vot...e=okh01983.txt (http://www.okhouse.gov/51LEG/Leg_Votesxx.aspx?include=okh01983.txt)

__________________________________________________ ____________

Cliffs: 10th amendment says, "If the constitution doesn't explicitly put a responsibility into federal hands or deny a state the right, then it's up to the state". They're sick of the fed stepping in on their (constitutionally granted) territory, and they're repudiating.

My opinion: It's sorta just grandstanding. I think this is in preparation for an outright denial to host the NAFTA superhighway. Interesting thought, though.

Methais
06-15-2008, 03:26 AM
Can you sum it up in English?

radamanthys
06-15-2008, 03:34 AM
Can you sum it up in English?


Basically, the 10th amendment says:

If the constitution doesn't say the fed can do it, and doesn't ban a state from doing it, then it's up to the state.

"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."


Oklahoma says, "we're sick of you (fed.gov.) overstepping your bounds, and fucking everything up. Fuck off."

And they can do so, with good merit, because of the 10th amendment.

longshot
06-15-2008, 03:42 AM
I was about to say something, but I think Methais's avatar says it better than I could.

Tisket
06-15-2008, 04:37 AM
The Alaskan Independence party has been trying to get Alaska to secede from the U.S. for years. They've been on the ballot in every state election since the early 70's. They have even tried to push that state to join Canada. Like the U.S. government would ever allow that.

Yes, I am aware this has little to do with Oklahoma. Just thought it was interesting.

Sypher
06-15-2008, 10:19 AM
The Alaskan Independence party has been trying to get Alaska to secede from the U.S. for years. They've been on the ballot in every state election since the early 70's. They have even tried to push that state to join Canada. Like the U.S. government would ever allow that.

Yes, I am aware this has little to do with Oklahoma. Just thought it was interesting.

But why would a state try to join another state?

fallenSaint
06-15-2008, 12:19 PM
Thats it, I'm moving to Amsterdam before the gov decides were a threat and nukes us.

Kembal
06-15-2008, 01:37 PM
My opinion: It's sorta just grandstanding. I think this is in preparation for an outright denial to host the NAFTA superhighway. Interesting thought, though.

Hmm....I think the 14th amendment and the interstate commerce clause pretty much allow the federal government to step on the states a lot. But the crazy part is....the NAFTA superhighway doesn't exist.

Stanley Burrell
06-15-2008, 02:02 PM
This is like when the Florida Keys declared independence. And also what longshot said.

Sean of the Thread
06-15-2008, 02:11 PM
I don't really care about anything anymore. Fuck em.

ClydeR
06-15-2008, 02:55 PM
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 51ST OKLAHOMA LEGISLATURE:
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.

The resolution does not state which federal actions exceed those granted to the feds by the constitution. The feds would say that the federal government has taken no action that exceeds its constitutional authority and, therefore, that the fed is taking no action covered by the Oklahoma resolution. That puts the ball back in Oklahoma's court, where it was before the resolution.

TheEschaton
06-15-2008, 03:04 PM
As someone mentioned, Congress's ability to regulate and pass laws in re: to interstate commerce usually far exceeds state rights to kick them out. As far as it's been interpreted, at least.

radamanthys
06-15-2008, 03:59 PM
I figured it was just grandstanding on some level. But why would they pass something like this? There's gotta be some reason...

Krendeli
06-15-2008, 06:59 PM
I figured it was just grandstanding on some level. But why would they pass something like this? There's gotta be some reason...

They want the casinos back from the Indians

Paradii
06-16-2008, 03:41 AM
The Alaskan Independence party has been trying to get Alaska to secede from the U.S. for years. They've been on the ballot in every state election since the early 70's. They have even tried to push that state to join Canada. Like the U.S. government would ever allow that.

Yes, I am aware this has little to do with Oklahoma. Just thought it was interesting.

Hawaii has a few groups trying to get hawaii to secede as well. I don't think they understand how quickly shit will hit the fan if it ever happened.

Tisket
06-21-2008, 08:14 PM
Saw this and thought of this thread:

http://news.yahoo.com/s/nm/20080621/od_uk_nm/oukoe_uk_britain_island_independence


Tiny Shetland island declares independence

LONDON (Reuters) - The owner of a tiny island in off Scotland declared its independence from the United Kingdom on Saturday, saying he wanted the territory, population one, to be a crown dependency like the Channel Islands.

In a declaration on his Web site, Stuart Hill, who owns the 2.5 acre island of Forvik in the Shetland Islands in the North Sea, said he no longer recognised the authority of the government or the European Union, and cited a centuries-old royal marriage dowry deal as the basis for his claim.

"Forvik owes no allegiance to any United Kingdom government, central or local, and is not bound by any of its statutes," Hill wrote.

Hill, 65, has lived in the Shetland Islands on the edge of the Atlantic since 2001, when his boat capsized there during an unsuccessful attempted to circumnavigate Britain.

He is Forvik's only resident, and his home is a tent on the storm-battered island. He says on his website that he plans to create Forvik's own currency -- the "gulde" -- print his own stamps and raise his own flag.

"There will be no income tax, VAT (value added tax), council tax, corporation tax, or any of the other taxes instituted by the British government," Hill wrote.

Hill's claim dates back to a 15th century arrangement between the Norwegian King Christian and King James III of Scotland when the Shetland Islands were effectively pawned to King James in lieu of a marriage dowry.

According to Hill's studies of the history of the island, in 1669 King Charles II re-confirmed Shetland's status at the time of the pawning, meaning the islands remained directly answerable to the crown -- represented today by the Queen.

"The monarchs and governments of Scotland, and Great Britain and the United Kingdom have for many years assumed powers over these islands of Shetland to which they were not entitled," he wrote.

"By declaring Forvik a crown dependency I am simply re-establishing the correct legal relationship between this part of Shetland and the crown.

Hill said he had written to the Queen offering his services as "steward" and recognising her as head of state.

"I also invite anyone from any country in the world, who supports these aims, namely to become free of liars, thieves and tyrants in government, to become a citizen of Forvik," he added.