Posted by CGBS6183 on 02/12/09 09:21 AM   [Newer: Real ID Press Conference] [Older: ACTION ALERT: REAL ID/10TH AMENDMENT RESOLUTION]

THIS IS THE 10TH AMENDMENT RESOLUTION THAT WE NEED TO HAVE FILED AND PASSED IN KENTUCKY MUCH LIKE OTHER STATES ACROSS THE COUNTRY.

KENTUCKY 10TH AMENDMENT RESOLUTION

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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.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, many mandates of the federal government, from time to time violate the rights of the citizens of the Commonwealth of Kentucky, which are guaranteed to them by the Bill of Rights in Sections 1 through 26 of the Constitution of the Commonwealth of Kentucky; 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 laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and

WHEREAS, the Tenth Amendment assures that we, the people of the United States of America 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 says, "The United States shall guarantee to every State in this Union a Republican Form of Government", and the Ninth Amendment 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 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 COMMONWEALTH OF KENTUCKY:

THAT the Commonwealth of Kentucky 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 all compulsory federal legislation which 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.

THAT no government, nor its agencies, in or of the Commonwealth of Kentucky shall assist or allow enforcement in the Commonwealth of Kentucky by any federal or other government or agency of any, which shall violate any or all of the Bill of Rights of the Commonwealth of Kentucky.

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 Kentucky Congressional Delegation.

Posted 02/12/09 2:14 PM edwardc Trenton, TN

When you put your hands out to big brother you get the strings that go with that money. On state has the stomach to decline federal funding. This resolution is going nowhere.

Posted 02/12/09 2:17 PM CGBS6183 Frankfort, KY

Well it is being filed in several states. Can't never did anything though. With that attitude why try and why be on this site?

Posted 02/13/09 07:48 AM sunshine Washington, NH

You absolutely must try! edwardc is correct about fed funding; however, if no one accepted it and everyone declared sovereignty there would be no need for a bloody revolution. That is the goal, isn't it? Also take a peek at your state constitution. Ours was drafted early in the post revolutionary period and has a sovereignty clause in the Bill of Rights. I realize that Kentucky was admitted later, but you might uncover some interesting language that will propel your cause.

Posted 02/23/09 1:06 PM Morgan C Lexington, KY

has there been any effort to try and get this into the state legislature?

Posted 02/24/09 6:22 PM CGBS6183 Frankfort, KY

It is Legislation as of today, HCR 168

Posted 03/06/09 3:51 PM BruceLayne Lexington, KY

Track it here: http://www.lrc.ky.gov/record/09RS/HC168.htm Kentuckians can call the LRC and they'll ask your name, address and phone number and take a message for your senator, representative, etc. For this bill, an appropriate message might be, "I'd like to leave a message for my senator, representative, and the House leadership urging them to support HCR 168." Ky LRC: 800-372-7181 This green slip process takes two minutes, tops. Be heard!