State Rights

Implementing the Tenth Amendment:
State Sovereignty Resolution

by Colorado State Senator Charles Duke

Update - March 9th, 2009:  The 10th Amendment State Sovereignty Resolution swept across the country in 1994, first passing in Colorado, being the creation of Charles Duke, then State Representative of the Colorado House. In that instance the driving force was from the people in their various states.

Today there seems to be a spontaneous resurrection of this resolution, it being said that 25 states are now considering or passing it in various forms. That is all well and good. It's a wake-up call. However, the resolution has no teeth.  We're featuring this now in hopes that the legislators will go the next important step: pass an ACT, a State Sovereignty ACT that will put the real teeth into the power held by state legislatures. Read this, then read the ACT passed by the Oklahoma House unanimously in January, 1995.

May our Heavenly Father/Creator bless and guide your - all of our - good work. - Jackie

P.S. State legislators complain that the federal government has usurped state powers. That is not so. In the past - and on-going - legislators have voted away their power, many because of indolence, ignorance or irresponsibility; others because of greed, status and/or power.  Sadly, the majority of the legislative "leaders" are in the pockets or clutches of those manipulators who have promulgated this usurpation.

Most of the dirty work was done long ago. State legislators today have a critical task: saving themselves, their loved ones and the nearly 300million Americans who suffer today from yesterday's folly. Do read Phoebe Courtney's little book, Beware Metro, and this assertion will become obvious.


10th Amendment / State Sovereignty Resolution -  1994

The following is a text version of the 10th Amendment / State Sovereignty Resolution in it's original format. Minor variations have been made in some states. Do keep in mind that the resolution changes nothing. The 10th Article of Amendment of the Constitution does not require a resolution to render it effective or valid. It merely requires enforcement by State Legislatures (not Governors). This resolution served as a wake-up call to many state legislators and the people who endorsed and promoted it.



STATE OF ___________________

WHEREAS, The 10th 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 10th Amendment defines the total scope of federal power as being that specifically delegated by the United States Constitution and no more; and

WHEREAS, The scope of power defined by the 10th Amendment means that the federal government was created by the states specifically to be an agent of the states; and

WHEREAS, Today, in 1994, the states are demonstrably treated as agents of the federal government; and

WHEREAS, Numerous resolutions have been forwarded to the federal government by the ______________ General Assembly without any response or result from Congress or the federal government; and

WHEREAS, Many federal mandates are directly in violation of the 10th 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 United States Constitution; now, therefore,

Be It Resolved by the ________ of the _____th General Assembly of the State of ________, the __________ concurring herein:

(1) That the State of ___________ hereby claims sovereignty under the 10th Amendment to the Constitution of the United States over all powers not otherwise enumerated and delegated to the federal government by the United States Constitution.

(2) 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 its constitutionally delegated powers. Be It Further Resolved, That copies of this Resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and _______'s Congressional delegation.