Texas gets it....

[fabzilla]

http://governor.state.tx.us/news/press-release/12227/

Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

HCR 50 Reiterates Texas’ Rights Over Powers Not Otherwise Granted to Federal Government

AUSTIN – Gov. Rick Perry today joined state Rep. Brandon Creighton and sponsors of House Concurrent Resolution (HCR) 50 in support of states’ rights under the 10th Amendment to the U.S. Constitution.

“I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Gov. Perry said. “That is why I am here today to express my unwavering support for efforts all across our country to reaffirm the 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.”

A number of recent federal proposals are not within the scope of the federal government’s constitutionally designated powers and impede the states’ right to govern themselves. HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government.

It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed.

HCR 50 is authored by Representatives Brandon Creighton, Leo Berman, Bryan Hughes, Dan Gattis and Ryan Guillen.

To view the full text of the resolution, please visit:
http://www.capitol.state.tx.us/tlodocs/ ... 0050I.htm.


Just for anyone who hasn't a clue what it means... (primarily those 'educated' in the last 20 years)

http://caselaw.lp.findlaw.com
/data/constitution/amendment10/


But then again.... This will probably be tagged as 'right wing extremism'

Strange times we live in...

peace...

fab

[Linnea]

"I wish... to see maintained that wholesome distribution of powers established by the Constitution for the limitation of both [the State and General governments], and never to see all offices transferred to Washington where, further withdrawn from the eyes of the people, they may more secretly be bought and sold as at market."

--Thomas Jefferson to William Johnson, 1823. ME 15:450

However, do not forget - we need the federal government - the Union of the States. There has been a lot of talk lately, concerning States rights. Watch out for the dis-info. Protect and uphold the Constitution and be vigilant.

"Much of the strength & efficiency of any Government in procuring and securing happiness to the people, depends, on opinion, on the general opinion of the goodness of the Government, as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administered."

Benjamin Franklin - Constitutional Convention September 17th, 1787

[fabzilla]

Nice to see you Linn... peace...


This is one helluva Fibonacci sequencing of events we are riding. The more things 'change' the more they are the same. Scary thing about Constitutionalists it always comes across to the general public as an extremist faction or a splinter group (and honestly watching what the F'ed and all bodies of governance are pulling......) they really need to be for it is what we are witnessing.

[SETIsLady]

Hey Fab, nice to see you !!

[racehorse]

HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government.

It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed.

Hello Fab. Great to see you, again.

This is an effort to reassert some state authority under the principles of Federalism. I feel that it is largely symbolic and the supremacy of the federal government has clearly been established since the end of the Civil War.

Still as noted Texas (or any state) has an absolute Constitutional right under the Tenth Amendment to assert all powers not specifically granted to the Federal government by the Constitution. There may be times when it is better not to exercise (although the right still exists and could be invoked) this clearly Constitutional authority but that would have to be determined on a case by case basis.

Fines to force states to comply with non-mandatory federal legislation are clearly unconstitutional and abhorrent to the principles of Federalism. However, the Constitution does not bar, in my analysis, Federal efforts to mandate state passage of legislation the federal government feels is needed or necessary through the use of the withholding of funds in an effort to force compliance. This is a very fine distinction but it is very real. It is certainly debatable whether this practice is desirable and at times will seem very "heavy-handed", yet, I see no Constitutional bar to it, as the states are still free to either comply or reject the legislation, as they choose.

[Cherry Kelly]

fab - hi - good to see you here again.

I agree TX gets it - as do several other states who are joining in.

[racehorse]

Constitution of the United States of America, Article. VI, Paragraph 2:

SUPREMACY CLAUSE - "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding."


---

Obviously the current Governor of Texas DOES NOT "get it". No state has or should have the ability to leave the Union. The Civil War settled this question forever. This is a completely separate issue from the 10th Amendment argument discussed earlier in this thread but Governor Rick Perry obviously fails to recognize the substantial difference.

I look forward to seeing Governor Perry defeated for renomination in the 2010 Texas Republican Party Primary for Governor by Senator Kay Bailey Hutchinson who has indicated she will challenge him. Perry's apparent adoption of separatist ideology and long discredited legal theory is dangerous, ill conceived, and unsupportable under the Constitution and laws of the United States.
--
http://blogs.chron.com/texaspolitics/ar ... _texa.html

April 15, 2009

Perry says Texas can leave the union if it wants to

Speaking with reporters after a tea party rally in Austin today, Gov. Rick Perry said Texas can leave the union if it wants to.

"Texas is a unique place. When we came into the union in 1845, one of the issues was that we would be able to leave if we decided to do that," Perry said. "My hope is that America and Washington in particular pays attention. We've got a great union. There's absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, who knows what may come of that."

I posted the above audio so you can hear Perry for yourself. The audio changes because I missed the first part of his quote and got another reporter to replay that portion for me on their recorder.

Perry also was asked whether the tea party anti-tax rallies are part of a growing national movement.

"I have never seen the power of the grassroots as antimated and as focused and as coordinated...It is a very powerful moment in American history.

"I would suggest that members of congress who are filing for election or re-election in eight months are listening."

"They're hearing everyday working folks saying, 'Listen, it's out of control. We're trying to live our lives and you're strangling us with your spending and your taxation."

Just FYI, on Perry's 1845 statement, Texas came into the union with the ability to divide into five states, not withdraw. After seceeding during the Civil War, Texas was allowed to re-enter the union after ratifying the 13th Amendment. The 13th Amendment banned slavery in the United States and any territory subject to its jurisdiction.

[ibme]

But if Washington continues to thumb their nose at the American people, who knows what may come of that."

Perry has been thumbing his nose at Texas voters since he lied during the last election. He's about to go down. This last gasp from him won't fool many.

[lazarus long]

it's preposterous to think that, because we had a civil war already and the south (seperatists) lost that war that it can never happen again.
what kind of critical thinking is that?
it's not even logical!

[racehorse]

it's preposterous to think that, because we had a civil war already and the south (seperatists) lost that war that it can never happen again.
what kind of critical thinking is that?
it's not even logical!

lazarus long, I didn't mention a new Civil War being impossible, although it is highly unlikely and certainly undesirable. The legal theory that the 19th Century separatists held to justify their position has been discredited and rejected by our federal courts. The government of the United States of America will not permit any state to leave the Union and has held this position since that time. All states are bound by the Constitution and laws of the United States of America which are supreme over all others as the Courts of the United States have consistently held and will continue to hold.

[SETIsLady]

Outside the stimulus plan, does anyone know how much Federal money the State of Texas gets, including border enforcement. ? How much Federal money did they receive for the last hurricanes ?

[SETIsLady]

Here something interesting about this...

Just FYI, on Perry's 1845 statement, Texas came into the union with the ability to divide into five states, not withdraw. After seceding during the Civil War, Texas was allowed to re-enter the union after ratifying the 13th Amendment. The 13th Amendment banned slavery in the United States and any territory subject to its jurisdiction.

Texas v White, a U.S. Supreme Court case decided in 1869, said Texas cannot secede.

http://blogs.chron.com/texaspolitics/

[SquidInk]

Obviously the current Governor of Texas DOES NOT "get it". No state has or should have the ability to leave the Union. The Civil War settled this question forever. This is a completely separate issue from the 10th Amendment argument discussed earlier in this thread but Governor Rick Perry obviously fails to recognize the substantial difference.
[/B]

In olden times, the 9th & 10th amendments would have been central to this discussion. Because of the tenth (and despite that diabolical war), there is required by LAW to be a specific prohibition against secession for it to be illegal, but no specific affirmation of this Right is required in order for it to be legal.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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.

Of course all that changed in '49, when the USA signed the treaty known as the "UN Charter". At that point, since ...all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land, everything changed. Now, self determination is purposely & impossibly ambiguous. They won't even define "peoples".

That being said, by the very rules imposed on us by our signing of the UN Charter in '49, Alaska & Hawaii have extremely strong arguments for secession, as they were not given the option in '59 (as required by the Charter) for independence.

Abraham Lincoln in 1847 on the floor of the United States House of Representatives:

Any people, anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right, a right which we hope and believe is to liberate the world.

Obscure secessionist document:

...whenever any form of government becomes destructive of the ends for which it was established, it is the right of the people to alter or abolish it, and to institute new government, . . .

[lazarus long]

aah, squidink, my good and honest friend! it's nice to see you posting.

[SETIsLady]

Ahhhhhhhh yes the oppressive Federal Government. He didn't find them too oppressive when he asked and was granted Federal funds for Wild fires, last week.

FEMA approves federal funds for Texas wildfire costs
12:00 AM CDT on Sunday, April 12, 2009

The Associated Press

The Federal Emergency Management Agency said it has authorized federal funds to pay for 75 percent of state, local and tribal government costs for fighting a Palo Pinto County fire.

Wildfires have killed at least three people, destroyed dozens of homes and scorched more than 100,000 acres.

"The heroic efforts of the firefighters have saved several thousand homes and countless lives," Gary Jones, acting FEMA regional administrator, said in a prepared statement Saturday.

Gov. Rick Perry asked for additional aid on Friday.

http://www.dallasnews.com/sharedcontent ... 8a861.html

Or here:

UTMB gets $39 million in FEMA funds
Tuesday, December 9, 2008

The University of Texas Medical Branch on Galveston Island will receive about $39 million from the Federal Emergency Management Agency toward reimbursement for repairs to damage caused by Hurricane Ike.

Repairs to the facility include moisture control, decontamination, cleaning of the heating and air conditioning systems and records recovery.

FEMA makes payments directly to the state, which releases the funding to local agencies able to document disaster-related expenses.

To date, FEMA has awarded about $209 million to Texas for public assistance programs related to natural disasters, according to FEMA.

http://houston.bizjournals.com/houston/ ... ily13.html