Oklahoma declares sovereignty

I commend the state of Oklahoma for having the guts to stand up for the rights of the sovereign states. I am sure the Federal government is contemplating striking back.

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.okhouse.gov/51LEG/Leg_Votesxx.aspx?include=okh01983.txt

http://www.ok-safe.com/files/documents/1/HJR1089_int.pdf

69 Responses to “Oklahoma declares sovereignty”

  1. Here, here; the most-ignored amendment of all needs a major revival. However, to do that, the states would have to wean themselves off of federal dollars for state-specific purposes and I don’t expect any state has the political intestinal fortitude to do that.

    More importantly, the US Supreme Court needs to start recognizing the existence of that Amendment and start ruling based on it. They’ve been operating like there were only nine original Amendments since Roe v Wade (a clear 10th Amendment issue).

  2. That’s awesome. Too bad they won’t use it.

  3. Mike: I assume that was a typo for testicular fortitude?

  4. Finally someone, somewhere has made a stand against the Federal Leviathon.
    I hope some real changes come out of this action. But the monster will not willingly give up it’s power over the people. It must be wrested.
    On a different note: what about some optimism instead of pessimism disguised as ‘realism?’

  5. I guess those soldiers who are defending Kosovo’s phony sovereignty will now have to be re-deployed to crush Oklahoman sovereignty.

  6. I would love to see that make it to the court. Sadly, the court seems to think the 10th amendment is little more than an inkblot.

  7. So what exactly do they want the government to stop doing?

  8. DaveNate, on June 16th, 2008 at 9:42 am Said:
    So what exactly do they want the government to stop doing?

    Oklahoma and other states have been demanding that any program mandated by the federal government must also be 100% funded by the federal. Currently federal government passes unfunded mandates, and except the states to fund and administer these unfunded mandates.

  9. pobept, No Child Left Behind is probably one thing they have in mind. It’s costing the states a fortune to implement all the federal (unfunded) mandates. I don’t see how this will accomplish anything other than singling out the state for the wrath of the feds.

  10. The power of the purse has been used as a blunt instrument by the federal government for a long time over the states. If enough states stand up to Washington, will that bring about an armed response? It’s happened before.

  11. The South is largely Republican military-supporting because they are WELFARE CLIENTS of the military. If it wasn’t for this I suspect the Southern governments would rebel.

  12. Mike O gets it. The “Revenue Sharing” theme that was imposed on states in the ’60’s and is still sucking today. Who here has heard the term “Revenue Sharing” uttered by the co-opted media or federal politicians in the past ten years? A vacuuous notion implemented by Johnson marketeers that took root because greedy state politicians were seeing $ signs in their heads. It’s just another living, breathing, bloodsucking animal our so-called representatives in Wash D.C. created to support their own personal interests. Why? Because they were conflicted between taxing more and losing votes. The 16th ties in with the 10th if you think about it. If OK politicians really do want 100% ‘revenue sharing’ for unfunded mandates from the corrupt federal taxation system, then all they have to do is reject the 16th Amendment, then invoke the 10th. The 5th offers no language in terms of when a state can rescind its affirmation of an amendment. Now’s as good a time as any.

  13. It’s time for a revolution. Even if that revolution takes place in our courts in a civilized manner. Let’s beat them at their own game.

  14. I praise Oklahoma, however this is sort of an odd position to be in - for a state to declare sovereignty from the Federal Government is also, in a sense, declaring a state sovereign from those statutes (the Constitution) that uphold the United States under a Federal Law. So where the Constitution allows for a state to declare it’s sovereignty, at what point does the state give up it’s rights to those rights sanctioned in the Constitution.. I just hope that Oklahoma has a rock-solid State Constitution/Legislation.

  15. Why haven’t any major news corps picked up on this yet..? Could it be that they would have to divulge the real reasons for this declaration of sovereignty- namely, the NAFTA Super-highway.. It’s time that a revolution begin with all of the states in the NSH corridor declaring sovereignty.. And why is it that I pay 4 times the taxes to the District of Columbia, that I pay to my state.. What does the Federal Government need with all of that money. If Oklahoma were to truly declare sovereignty from the Feds, then no Federal taxes, and Oklahoma could take a portion of those normal Fed taxes to make OK a state, independent and non-dependent of Federal Goverment funding. Oklahoma is truly OK now.

  16. Jason,

    1. Sovereignty is not secession, just an assertion of self in the state-federal relationship.

    2. Feds are allowed to take income taxes (amendment to the Constitution)

    3. As for federal funds, the original goal was for the national government to provide for common defense and to have a hand in enabling/stabilizing/protecting trade between the states and foreign powers, basically anything where the power of the whole would exceed the leverage any subcollection of states could muster.

    4. Johnson did buy sovereignty from the states, but I haven’t seen any conservatives passing it back (unfortunately). Maybe eventually an actual conservative or libertarian could get elected.

  17. Good for Oklahoma! Now, recall ALL of your National Guard folks and gear. Use them to drive out the feds from your borders and keep it that way.

    This is the only solution to our broken gubment, other than outright, focused and violent rebellion against all fed representatives. But it must be done. NOTHING that comes out of Washington is good for you.

  18. govnndotcom -

    The civil war won’t be fought over this - it will be fought over gov corruption and oil prices.

  19. Oh my, so you guys will then pay back all that welfare money you get? You know, how you get back way more money from the Federal Government than you contribute in Federal Income Taxes?

    OK is a welfare state, just check out the stats on this conservative-biased group’s site: http://www.taxfoundation.org/publications/show/266.html

    For every $1.00 you contribute, you get back $1.38 in Federal Programs.

    My state only getrs back $0.60 for every $1.00 we contribute.

    Careful what you wish for!

  20. Sounds like they passed some laws in the state in an attempt to curb illegal immigration, and the federal courts told them they couldn’t. At least that was what one particular website had posted in an article. Love to see the big media pickup this story. Feds sure aren’t doing anything about this problem, glad somewhere people are trying to stand up and shout!!!

  21. [...] Oklahoma declares sovereignty under the Tenth Amendment to The US Constitution, serving notice to the federal government to cease and desist certain mandates; and directing distribution.: [...]

  22. WOW! I’m moving to Oklahoma.

  23. As the song states “Oklahoma OK!” way to go.

  24. [...] h/t No Comments Leave a Commenttrackback addressThere was an error with your comment, please try again. name (required)email (will not be published) (required)url [...]

  25. [...] June 18, 2008 by Dr. Lowrey http://politicalinquirer.com/2008/06/15/oklahoma-declares-sovereignty/ [...]

  26. How absolutely refreshing.

    It reminds me of what Ireland has on the books to keep the EU from encroaching, and although the EU’s efforts are far more insidious and sneaky in my opinion…seeing things like this truly does a lot to restore my faith in American Common Sense.

    We might not be headed for Totalitarianism after all. I’ll sleep a little better tonight. Seriously.

  27. Dang. I’m moving back to Oklahoma!

  28. If Uncle Sam fights back by cutting benefits not guaranteed under the Constitution, Farm Loan Guarantees, SBA, FHA, ect.
    If that happens, Oklahoma can fight back to end the Income Tax as the money handed out from that collected is not apportioned according to population. Without an income tax OK would see an incredible boom.
    And with their current boom, I hardly believe they are still a heavily welfare dependent state, if they are they need to reform that and put the people to work.

  29. Nearly identical resolutions were put before various state legislatures in the mid 90’s. Georgia, Vermont, Pennsylvania and others come up in a web search.

  30. [...] A State Declares Sovereignty Under the 10th Amendment http://politicalinquirer.com/2008/06/15/oklahoma-declares-sovereignty/ [...]

  31. So, then, I guess we should let the states decide for themselves whether or not to drill off their coasts for oil, right? I mean, if they want to be all sovereign and all…

  32. Exactly, Cas. Then they can retain the restrictions if they want to. California will keep the restrictions; other states would take them off.

    There a little thing called the 10th Amendment that kind of supports the concept that states can make up their own minds.

  33. I agree with Mike. California can make their own restrictions. The Gulf states will likely allow more offshore drilling.

  34. Does this mean Oklahoma no longer accepts the dollar?

    IMarv

  35. Hmmmm, NJ should consider declaring their sovereignty too!

    NJ is one of the richest states in the Union. For every dollar paid in Federal Taxes the state only receives 50 cents in aid. One of the least in the country next to Connecticut and Maryland.

    Please, please, begin the Domino effect!!!

  36. drew:

    “Feds are allowed to take income taxes (amendment to the Constitution)”

    This is not actually the case, unless you are a government employee.

    Watch the documentary “America: Freedom to Fascism” by Aaron Russo to gain a full understanding of the situation.

  37. [...] http://politicalinquirer.com/…; 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: [...]

  38. [...] text of the resolution is here. (Thanks to the LRC blog for the [...]

  39. Oklahoma is sick of the government forcing liberal ideals down their throats. They thoroughly intend on driving out all immigrants, including these so-called “legal” ones the none of us want or asked for.
    They are re-segregating their schools and telling the NEA to take a hike. My relatives live there and keep me informed. They would cecede if they could, but they know the Feds would strike with troops. If enough states did this we could take back this country and jail all these corrupt bastards.

  40. Like Oklahoma, I want the federal government out of my life. I want American soldiers to stop fighting this phony war in Iraq for global imperialism disguised as liberation and come home to fight the real war in America against our federal government, media and central bankers.

    Our country has been usurped by a bunch of elitist thugs who are enslaving us.

  41. While it’s nice to see oklahoma stirring things up a little, they are definitely a welfare state. For every $1 of money they put into federal income taxes, they get $1.38 out. Actually this is true of almost all of the “red” states, which is a pretty hilarious fact when you think about it. I wish them good luck, but I there’s too much money for the state and politicians to lose in order for this to actually go anywhere. In terms of other states sovereignty and the right to drill for oil, I would almost guarantee that most of that oil actually lies outside of “state” waters, and is still in “national waters”. Most states maritime boundaries fall within 10 nautical miles of their coastline. Besides… drilling for oil isn’t going to help oil prices any, because the current prices are caused by high speculation in the recently deregulated futures market, not market supply and demand. There’s a whole bunch of other reasons to not drill for oil of the coast and other places, but I’ll leave that argument for another post.

  42. Oklahoma + these comments = Waco

  43. Remember that the Federal Government has giving a nice patch of Oklahoma land to Mexico. Its to be their port to North America. It would be Mexico’s land and right in the middle of the NAFTA Superhighway. The NAFTA Superhighway is the necessary infrastructure needed for the creation of a North American Union. The NAFTA Superhighway is a threat to private property, our sovereignty, and security. And it would be leased to and maintained for 50 years by a Spanish company that is owned by the King of Spain.

  44. I live in Oklahoma, and I’m glad we are trying for this. This happend NOT because of the NAFTA thing, but because we passed a bill that penalized business owners for harboring and hiring illegal immigrants and then the a judge in fed court came in and told Oklahoma that we aren’t allowed to do this.

    Human Rights activists and everyone you can possibly think of have been claiming that we are being racists… IT’S NOT RACISM! We just want illegal immigrants to go home and do what they need to do to get here legally.

    I’m not surprised that the news networks have not covered this story as it would cause mass rioting in oklahoma, and some serious red necks freaking out. You could also expect all of the uber bible thumpers claiming this is the end of the world….i can’t imagine what oklahoma will be like if this ever fully passed.

    As far as I have heard, the house passed this and the senate killed it.

  45. [...] I also have a new favorite state: Oklahoma. They be flexing some legislative nuts up in there. [...]

  46. I would hope that other states follow suit. The govt is in the pocket of special interests, and are interested in the status quo and in staying in power. Those that are shunted out become lobbyists for the people who put them in power in the first place. If states don’t demand back their right for freedom, it could very well lead to another civil war down the line. If they don’t first take away our arms, to attempt a totalitarian state, wrapped in patriotic speeches and specially planned media photo ops. It’s time to turn off the T.V. and pay attention to where our children will have to struggle within the next 20 years. I’d sooner fight the fight now, in the courts than my son on the battlefield years from now.

  47. [...] Oklahoma (Apparently) Rocks This is why: STATE OF OKLAHOMA 2nd Session of the 51st Legislature (200 HOUSE JOINT RESOLUTION 1089 By: [...]

  48. I can’t find any records of it being passed. The resolution was introduced and must have been killed just about as fast. So, stop getting your hopes up.

    Editor’s Note to Doubt: If you look at the link at the bottom, located here, it says that the resolution passed the House, at least, 93-3 or so I think the number was.

  49. [...] commenter at PoliticalInquirer.net sums it up pretty well: Here, here; the most-ignored amendment of all needs a major revival. [...]

  50. Wow, this sounds crazy, when I first read it I thought it was made up, but apparently its legit. Really strange that the main stream media has said nothing on this respect. I really don’t know what motivated Oklahoma to start this. What is there intentions? Where will it stop? It it the state’s desire to bring more states into the fold and start a brand new Confederacy?

  51. Dude to the person who is surprised that most major new sources didn’t get this: I live in friggin Oklahoma and the local newspaper didn’t even have this story! How crazy is that!

  52. In response to the lack of media coverage… I am shocked. It almost feels like the twilight zone. There has been NOTHING about this in the local media here. It’s almost like the media has it’s thumbs stuck in it’s ears saying “what’s that? oh I don’t hear anything.” I am thrilled that the State is standing up for itself while a part of me is skeptical as to true intentions. I find it hard to trust any politician these days.

    I am not so sure if this only about our new immigration reform. I think that was just part of the last straw, so to speak. I think NAFTA and unfunded mandates and the growing barage of the gov. is getting unbearable and intolerable. Our gov is all talk but no walk… well unless you’re a special interest that is.

  53. Just wanted to throw this out there but your Federal Income Tax does not go into anything that we see. It goes to pay the interest on the national debt that has been created through the privately owned Fed; therein making it an unconstitutional tax because it is not apportioned. There are taxes that do affect us every day… 49cents/gallon of gas is what goes to pay for our roads, corporate income tax is our defense budget, and if one wants to say that the 16th amendment allowed congress to put into action a federal income tax you would be mistaken. on numerous accounts the supreme court has ruled that the 16th gave no new taxing powers to the congress. P.S. I challenge anyone to find the exact law or statute that says it is illegal to not pay federal income tax…if you can then you are better than the IRS seeing as they are unable to do so. It is rediuclous how much the media dumbs us down. Hats off to OK for taking a stand.

  54. if it helps, the rest of the country is all for it!

    WOO HOO!! NO OK!!

  55. I think this is great however …. will it follow through …. I love this country but the BS that goes on in this country has gotten out of hand. REVOLUTION >>>> REBEL These people I cant wait for the chaos to begin … .for all you rich poeple on the hill you might want to seek shelter cus your money wont save you this time.

  56. it’s ‘hear, hear’ not ‘here, here’ (which looks idiotic)

  57. Hello Oklahoma. I thought I was imagining things when I saw the news re this early this morning (BST) Since then, however, its been pulled from the news and I had to search for it. You are the second state to declare sovereignty, Lakotah made a similar declaration earlier this year. There is no news coverage, but if you contact http://www.realnews.com, they are completely independent, corporate sponsor-free, Im sure they will cover the story for you. I wish you good luck and commend your actions. Your govt and its corporations are so cancerous, they are out of control.

  58. The Oklahoma resolution is just as much a power grab as the federal programs that it reacts to. Note that Oklahoma ignores the words “or to the people” and tries to claim ALL rights for the state, including those which by prior usage are reserved to the people as personal rights so basic that the Constitution did not think they could ever be in question. This would include privacy rights such as choice of mate, choice of occupation, the right to buy and sell personal property, the right to travel and choose where to live, the right to choose what food and drink one consumes, the right to control the activities of ones children, etc. Instead of respecting these individual liberties, Oklahoma claims these things as powers of the state.

  59. why hasn’t this been covered by the media? it seems like no one is making anything of this.

  60. why hasn’t this been covered by the media? it seems like no one is making anything of this.

    All mainstream media is controlled. Thier main purpose is to maintain the staus quo. Any deviation will be ignored or minimized.

    It ain’t you greatgrandpa’s free press anymore either.

  61. It seems that according to http://www.taxfoundation.org/publications/show/266.html (Thanks, FatSea) 32 of the 50 states (plus DC) receive more federal spending than they pay out in taxes, shifting the onus of responsibility to the remaining 17 (RI pays out and receives equal amounts).

    Anyway, I think it’s great that Oklahoma is seeking to enforce the Constitution and tame an overbearing federal government, but isn’t it also time that these 32 states also start to live within their means as well?

  62. to Mark, if you want the latest news about Paris Hilton or the most money income from a new movie, then by all means, watch the news! If you want real information about what is going on in our country and the world in general…GOOD LUCK!

    If you find out who and when our states started giving 30 YEAR contracts to unamerican companies to take care of and COLLECT AND SET AND KEEP THE CHARGES FROM OUR TOLL ROADS LET ME KNOW !

  63. This is really great! It’s about time a state took back it’s own power! There are so many things that should be decided at the state and local levels like abortion and education. Utah, I believe, said no to “No Child Left Behind” and doesn’t get the “extra” money from the Fed government but their schools are doing very well–maybe better. This is really what our Founding Fathers wanted. We need to avoid socialism and nanny-ism at all costs.

  64. This is excellent! Why Oklahoma and not my state, California? Californians currently pay more in federal taxes than federal services are received. Something about that doesn’t quite ring true…

    Also, we want our legal marijuana here. Point out where in the US Constitution it says the federal government has the authority to regulate drug usage, and you win $100.

  65. It is about time that the States stand up and say enough is enough to Washington.I jusst hope and pray that the rest of the states will do like Montana and Oklahoma have done!

  66. It is time for the people ( states ) to stand up and say enough is enough.WE are fed up.

  67. Congratulations to the State of Oklahoma for sticking up for itself in light of the Federal Government’s usurpations of the Constitution. I applaud them and urge the rest of the states and commonwealths of this Republic stand up for themselves and do the same as Oklahoma did!

  68. WELCOME TO MY CLUB OKLAHOMA ! YES BACK IN
    OCT OF 1996 I Symbolically overthrew the federal
    Govt. & it’s alledged states of the union for almost the
    same reasons that your state did, including the out-
    right HYPOCRACY that has entrenched itself in our
    evolving human condition instead of compassion in
    what was suppose to be a GREAT COLLECTIVE we
    have the results of DECLARING both our individual
    sovereignty as well as our alledged State sovereignty
    now all we have to do is BOYCOTT the ELECTORAL
    COLLAGE & we could upset the 2008 election in no
    one’s favor but mine! & there are solid concrete reasons why you should recognize me as your emperor, all of the details are available by phone so
    call me as soon as possible (818) 377-5237 or try
    (818) 888-5116 & (818) 746-5330.

  69. lol Oklahomia sucks anyways, time to take a star offa good ol glory. backwards states like this should be independent countries and stop leaching money from the productive members of society. All you racist gun nut xenophobic goofballs have fun marring your sisters.
    YEE HAW

    ps. this got no real news coverage because it is a silly political gesture with no meaning behind it.

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