FORWARD TO EVERYONE AND TELL EVERYONE YOU KNOW! PLEASE DO THIS , PLEASE DO NOT ASSUME SOMEONE ELSE IS!I must first appologize to everyone, I misunderstood when resolutions can be brought forth (this is a learning process). Simple Resolutions can be brought up at anytime but they are essentially worthless when it comes to carrying weight or having the affect of law like joint resoultions or being treated like bills for concurrent resolution. So here is where we stand, it seems that legislators reserve Bill Requests, maybe a few extra than what they need. The Senate Deadline has come and past, the House however has until
02/23/2009 thats NEXT MONDAY. So this is what I am asking everyone to do.
1)Call the Legislative Message line in Frankfort (1-800-372-7181).TTY Message Line 800-896-0305Tell the operator: "I want to leave a message for my State Representative and my State Senator and to all Senate and House Leadership members." The operator will take your name, address and phone number (which will identify your representatives for those who don't know who they are). The operator will then ask what message you would like to leave. Simply say:
"Please introduce a 10th Amendment Resolution to reassert Kentucky's Sovereignty"2)Then call
502-564-8100 and ask to be directed to your representative and leave the same message with their secretary.
3)Then e-mail/fax your representative a short message from you about the 10th Amendment and include the following text.
KENTUCKY 10TH AMENDMENT RESOLUTION
A Joint Resolution claiming sovereignty 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federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.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 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, many mandates of the federal government, from time to time violate the rights of the citizens of the Commonwealth of Kentucky, which are guaranteed to them by the Bill of Rights in Sections 1 through 26 of the Constitution of the Commonwealth of Kentucky; 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 and each 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 Union a 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 New York v. United States, 112 S. Ct. 2408 (1992), 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 United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE COMMONWEALTH OF KENTUCKY:
THAT the Commonwealth of Kentucky hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
THAT this serve 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 no government, nor its agencies, in or of the Commonwealth of Kentucky shall assist or allow enforcement in the Commonwealth of Kentucky by any federal or other government or agency of any, which shall violate any or all of the Bill of Rights of the Commonwealth of Kentucky.
THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and each member of the Kentucky Congressional Delegation.
