The federal government is a government of limited powers as enumerated in the U.S. Constitution. The remaining powers belong to the states or the people. Or so says the 10th 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.” So why are states across the nation adopting resolutions affirming the Ninth and Tenth Amendments to the U.S. Constitution? Today’s Wall Street Journal Law Blog reported on the trend. According to the website, Tenth Amendment Center, “[t]hese non-binding resolutions, often called ‘state sovereignty resolutions’ do no carry the force of law. Instead, they are intended to be a statement of the legislature of the state.” They serve as “notice and demand” to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.”
February 5, 2010
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Notice and demand, are not terms that the federal gov’t feels apply to them. Until something happens that is more persuasive, Non-binding resolutions don’t register in Washington. If enough states start using nullification, and sticking to it, maybe, just maybe, will the feds react.
Comment by dean — April 23, 2011 @ 8:31 am