STATE OF
2009 Session of the Legislature
Proposed HOUSE JOINT RESOLUTION
A Joint Resolution claiming authority 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mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.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
delegated to the
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
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 2009, 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
WHEREAS, the Tenth Amendment assures that we, the people of the
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
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
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
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF
THE 2009 SESSION OF THE
THAT the State and the people of
Constitution of the
government by the Constitution of the
THAT this resolution 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.
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penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.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 a copy of this resolution be distributed to the President of the
States Senate, the Speaker of the
President of the Senate of each state's legislature of the
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The above resolution proposed for the State of
(HJR1089) approved by vote of 92-3 in the the Oklahoma House of Representatives in 2008. The 2009
version of that resolution may be viewed at http://webserver1.lsb.state.ok.us/2009%2D10bills/hb/hjr1003%5Fint.rtf
PETITION: I, _______________________, a citizen or resident of the State of
_________________________________________________________________, do
hereby petition my State Legislators in
for consideration in the 2009 legislative session. Signed:___________________Date:______
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