State sovereignty resolution prefiled in Kentucky House – Kentucky Tenth Amendment Center
September 9, 2010 § Leave a comment
State sovereignty resolution prefiled in Kentucky House
Written by: Michael Maharrey
Kentucky Rep, Stan Lee (R – Lexington) has prefiled a Joint Resolution for the 2011 regular session reaffirming Kentucky’s sovereignty under the Ninth and Tenth Amendments.
The resolution, BR 55, “…serves as notice and demands to the federal government…to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.”
Lee said that the federal government needs do what it was intended to do and state government needs to do what it was intended to do.
“The health care debacle and failed stimulus bill are but two examples of the federal government’s attempt to cast a long shadow over Kentucky and our people, “ Lee said. “This joint resolution serves as a reminder to those who seek to make our federal government an eight-headed monster that we will no longer stand by and see our sovereign rights taken away.”
Lee introduced a similar resolution in the 2010 regular session, but it failed to pass.
The Tenth Amendment makes it clear that the states and the people retain all powers not specifically delegated to the federal government by the Constitution. But the rights of the states and the people mean nothing if state lawmakers and citizens sit back and allow federal government to consistently overstep its constitutionally prescribed bounds. BR 55 makes it clear that Kentucky stands ready to fight for its rights.
“It is our belief that any and all federal legislation that threatens Kentucky and other states with loss of funding, civil or criminal penalties is illegal under the Constitution and should be forbidden or repealed, “ Lee said. “Our forefathers sought to protect the rights of all Americans, and it’s time that we in Kentucky take back those rights under the Constitution that have slowly been taken away by the federal government.”
As representatives of the citizens of the Commonwealth of Kentucky, state lawmakers have an obligation to stand up against overreaching federal power. This does not represent some kind of extremist or radical position. It is the system as the framers of the Constitution intended. James Madison wrote in Federalist 46:
Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.
The Kentucky Tenth Amendment Center will lobby tirelessly for passage of this resolution.
We will provide a link to the text of BR 55 as soon as the LRC posts it on their Website.
Michael Maharrey is the state chapter coordinator for the Kentucky Tenth Amendment Center
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