Tue Aug 11, 2009 at 06:35:52 AM CDT
Rep. Mac Gipson introduced the HJR 403 to the Alabama House of Representatives during the special session last night…
TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING ALABAMA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.
WHEREAS, the Alabama Legislature declares that the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state, and shall exercise and enjoy every power, jurisdiction, and right pertaining thereto, which is not expressly delegated by them to the United States of America in the Congress assembled; and
WHEREAS, some states when ratifying the Constitution for the United States of America recommended as a change, “that it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid are reserved to the several states to be by them exercised”; and
WHEREAS, these recommended changes were incorporated as the Ninth Amendment, where the enumeration of certain rights shall not be construed to deny or disparage others retained by the people, and as the Tenth Amendment, where 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 several states of the United States of America, through the Constitution and the amendments thereto, constituted a general government for special purposes and delegated to that government certain definite powers, reserving each state to itself, the residuary right to their own self government; now therefore,
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That based on the above principles and provisions, we hereby declare by this resolution, that any act by the Congress of the United States, Executive Order of the President of the United States, or Judicial Order by the federal courts which assumes a power not delegated to the government of the United States of America by the Constitution and which serves to diminish the liberty of any of the several states or their citizens shall abridge the Constitution. We further declare that acts which would cause such an abridgement include, but are not limited to, each of the following:
(1) Establishing martial law or a state of emergency within one of the states comprising the United States of America without the consent of the legislature of that state.
(2) Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.
Requiring involuntary servitude or governmental service of persons under the age of eighteen other than pursuant to, or as an alternative to, incarceration after due process of law.
(4) Surrendering any power delegated or not delegated to any corporation or foreign government.
(5) Any act regarding religion, further limitations on freedom of political speech, or further limitations on freedom of the press.
(6) Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition.
BE IT FURTHER RESOLVED, That a copy of this resolution shall be forwarded to the United States Senate, the United States House of Representatives, and each member of the Alabama Congressional Delegation.
This is part of a growing “10th Amendment Movement“.
The Tenth Amendment
“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.”
Contact your legislators!
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