Saturday, September 22, 2012

Joint Resolution to Claim State Sovereignty

I have drafted a joint resolution to reclaim our state sovereignty and hope that it can be presented to the legislature at the beginning of the next session. Is there any state representative with backbone who will introduce it?

1st Session of the 126th Legislature (2013)

RESOLUTION #                                                            By:      


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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; directing distribution; and that a committee of conference and correspondence be appointed.

WHEREAS, the people of Maine are a proud and independent people who guard the freedom to claim, direct and control their natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness, with zealous conviction; and

WHEREAS, Section 2, Article I, of the Constitution of the State of Maine, sets forth the
Declaration of Rights and reads as follows: “All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it”; and

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 2013, 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,
 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

WHEREAS, Congress has inappropriately delegated its monetary authority to the private federal reserve bank, thus failing to protect and provide a sound monetary system as defined and mandated by the Constitution of the United States, forcing an unstable currency on us resulting in the past, and the current, economic perils; 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 members of the First Regular Session of the 126th Maine Legislature, the House of Representatives and the Senate concurring therein, that the state of Maine 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.

 BE IT FURTHER RESOLVED that this 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 these constitutionally delegated powers.

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.

BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be, and is hereby authorized and directed to forward a copy of this resolution to the President of the United States, the President of the Senate and the Speaker of the House of Representatives of Congress, and the congressional delegation representing the State of Maine in the Congress of the United States.

BE IT FURTHER RESOLVED, that a committee of conference and correspondence be
appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several states, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the states to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates.
Just to let you know, 37 other states have introduced similar resolutions. 7 states passed it in both houses, 18 have introduced it and are still pending, 9 have passed at least one house and 3 have failed. So Maine, are we going to be the independent people we really are & reclaim our sovereignty like other states have done & are doing?

1 comment:

  1. Well written. Who in the Maine Legislature has a backbone? Rep. Alan Casavant (also Mayor of City of Biddeford) wanted your help with another petition, then he backed off after speaking to the city's attorney Keith Jacques. When I spoke with him about this he said "I don't know the law." What is he doing in Augusta making law? Keep us posted.