Rick Perry of Texas Asserts 10th Amendment Rights
According to Newsroom America:
"'Millions of Texans are tired of Washington, D.C. trying to come down here to tell us how to run Texas,' Perry said in a speech supporting House Concurrent Resolution 50.
"'I believe that our federal government has become oppressive in its size, its intrusion inton the lives of our citizens, and its interference with the affairs of our state,' he continued. 'That is why I am here today to express my unwavering support for efforts all across our country to reaffirm states' rights affirmed by the Tenth Amendment to the U.S. Constitution.
"'I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union,' he said."
State governments, for quite some time, have believed that the federal government is intruding on matters that the Constitution leaves to the states, imposing unfunded mandates, ordering states to pass and enforce laws under penalty of civil or criminal action. The federal government has used block grant money as a weapon to make state governments bend to its will.
The 10th Amendment of the Constitution reads, "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."
While a strict reading of the 10th Amendment suggests that the federal government does not have any power to do anything that the Constitution does not explicitly give it, the Supreme Court has rarely declared a federal law unconstitutional on 10th Amendment grounds. While specific mandates have, from time to time, crossed the line, the method of trying conditions to federal block grants, such as the imposition of a speed limit or a drinking age of 21 years, has been upheld by the court.
It is unclear what practical effect that the proposed legislation will have. The next step, obviously, would be to challenge federal laws that the state of Texas believes violate the 10th Amendment. Such a challenge, whether it was done through legislation or by legal action, would wind up in the Supreme Court eventually, where the outcome is uncertain.
Governor Rick Perry, incidentally, is facing a very rough reelection challenge from Senator Kay Bailey Hutchison.
Source: Texas Gov. Reaffirms State Sovereignty, Newsroom America, April 14th, 2009
Published by Mark Whittington
Mark R. Whittington is a writer residing in Houston, Texas. He is the author of The Last Moonwalker, Children of Apollo, Dark Sanction, and Nocturne. He has written numerous articles, some for the Washington... View profile
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10 Comments
Post a CommentPerry stands for states rights and small government. It's what the country needs so badly now. I've got my sights on Perry for President 2012 and waiting patiently for him to announce.
Nice topic, you got our support all the way http://www.txclassifieds.org/
If Texas broke away from the union they would only be the 8th largest economy in the world.. America would drop to #5..
Texas could easily sustain themselves. If you go to war and turn Texas into a parking lot..Texas is bailing out about 20 bankrupt or near bankrupt states. You will see almost half of the country crippled.
It won't take much effort for Texas to shut down shipping in the Mississippi.. Start bombing boats in the Mississippi and see how many civilian and corporate boats would want to ship in a war zone..
Time to go to war. Sorry Texas, you will be crushed. We will gleefully carpetbag your sorry state.
81R5789 MMS-F
By: Creighton
H.C.R. No. 50 (State of Texas)
CONCURRENT RESOLUTION
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, 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 United States; and
WHEREAS, The Tenth Amendment assures that we, the people of the United States of America an
http://en.wikipedia.org/wiki/Igor_Panarin
If they don't rule in our favor, we still have the right to secede. Maybe Perry should make that a campaign promise. He win by a landslide.
You've got our support 100%!
Sweet! This issue will move to the Supremes for a ruling. And then we'll just see, won't we? I am looking forward to a Supreme Court ruling that will, in one fell swoop. negate and declare un-Constitutional all this crap about the state's having to accept stimulus money. It will be awesome when one ruling overturns so much of this nonsense.
Great work.