Friday, May 31, 2013

10th Amendment Strengthening

The following four pieces of legislation was published at the Tenth Amendment Center. The first piece of legislation was created by the Constitution Society.

The last fifth initiative is from the Arizona Checks and Balances PAC http://checksandbalancesaz.com

 From the Tenth Amendment Center.

"An important way to seek constitutional compliance is to organize widespread civil refusal to comply with unlawful official actions. A precedent for this was the 1783 Pennsylvania Council of Censors, discussed by James Madison in Federalist #48. The items below concern doing this at the state level for federal actions."

This legislation can be enacted by the people, using the citizen ballot initiative process. Rather than wait for the politicians, learn how you can network with others so "we the people" can do this ourselves! Join http://www.ActivismTruth.com today and be part of the solution!

10th Amendment Commission


1. Commission. Establish a “Federal Action Review Commission”, as a kind of grand jury, to meet frequently with rotating membership drawn from a pool of constitutionally knowledgeable persons, excluding public employees, contractors, or pensioners, active lawyers, or current members, selected at random by a sortition process. Such commission shall be empowered to review the constitutionality of current or proposed federal legislation, regulations, practices, rules, decisions or other actions, and if it finds such actions to be unconstitutional, to issue an edict, with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to also refuse to cooperate.
2. Structure and procedure. The Commission shall consist of 23 members, who shall serve for staggered terms of 6 months each, except initially. The selection pool shall be filled each year with one nominee from each of the local grand juries throughout the State. The Commission shall elect its foreperson, adopt rules of procedure, and meet for at least one hour once a week, with a quorum of 16, and a vote of 12 required to issue a report. It may only report findings of unconstitutionality. It shall base its findings on a presumption of nonauthority, and require strict proof of constitutionality from logical and textual analysis and historical evidence, not court precedent. It shall be open to direct complaints of the unconstitutionality of federal actions from any citizen, subject only to orderly scheduling which it shall prescribe. It shall have the power to subpoena witnesses, and its deliberations shall be secret, except that it may disclose anything in its reports. It may authorize criminal prosecution by issuing an indictment to any person, not necessarily a lawyer, upon a finding that the court cited in the indictment has jurisdiction and that evidence of guilt is sufficient for trial.
3. Penalties. State and local officials, employees, and contractors shall be duly notified in writing of such edicts within ten days and shall have twenty days to comply or be subject to termination after one written warning and a second failure to refuse to cooperate with federal officials and agents. No official, employee, or contractor shall be penalized for compliance with an edict of the Commission.
4. Funding. A state fund shall be established to pay for private legal counsel and provide financial support of state citizens and agents who refuse to cooperate with unconstitutional federal actions, with the intention to obtain judicial decisions that support the unconstitutionality of the federal actions, and hold the resisting citizen harmless.

FEDERAL ACTION REVIEW COMMISSION

Model legislation, as drafted for the State of Texas. It can be adapted to other states by increasing the number of Commission nominees from each county grand jury by enough to have a pool of at least 230, or ten times the number of grand jurors.
(view MS Word version here)
By: __________________________ ________. J.R. No. _______
A JOINT RESOLUTION
proposing a constitutional amendment relating to the establishment of a state grand jury for the review of the constitutionality of the actions of United States government officials and agents, and to authorize state grand juries to investigate public administration.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article XVI, Texas Constitution, is amended by adding Sections 74 and 75 to read as follows:
Sec. 74. FEDERAL ACTION REVIEW COMMISSION. (a) A state grand jury, to be called the “Federal Action Review Commission” (hereinafter “Commission” in this Section), shall be empaneled as provided below, and shall meet as often as they choose, or as the Legislature may direct, but no less than once a month.
(b) The Commission shall be empowered to review the constitutionality of current or proposed federal legislation, regulations, practices, rules, decisions or other actions. The Commission shall base its findings on a presumption of nonauthority, and require strict proof of constitutionality from logical and textual analysis and historical evidence, not court precedent.
(c) If the Commission finds such actions to be unconstitutional, it may issue an edict, with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to voluntarily refuse to cooperate. It may only report findings of unconstitutionality.
(d) The Commission shall consist of twenty-three members, who shall serve for staggered terms of 6 months each, except initially.
(e) Members of the Commission shall be selected at random, that is, by sortition, from a pool of candidates, one nominated by the grand jury of each county throughout the State at least once a year or more often as the Legislature may direct, from among constitutionally knowledgeable persons, excluding public employees, contractors, or pensioners, active lawyers, or current members.
(f) The Secretary of State shall administer the random drawing of the members of the Commission, and if he should fail to do so, then the State Attorney General shall do so.
(g) The Commission shall elect its foreperson, adopt rules of procedure, hear direct complaints from citizens, and have a quorum of sixteen, with a vote of twelve required to issue a report. Vacancies shall be filled by random drawing from the same pool.
(h) The Commission shall be open to direct complaints from any citizen, subject only to orderly scheduling which it shall prescribe.
(i) The Commission shall have the power to subpoena witnesses, enforced by any court it may designate.
(j) Deliberations of the Commission shall be secret, except that it may disclose anything in its reports.
(k) The Commission may authorize criminal prosecutions by issuing an indictment to any person, not necessarily a lawyer, upon a finding that the court cited in the indictment has jurisdiction and that evidence of guilt is sufficient for trial.
(l) State and local officials, employees, and contractors shall be duly notified in writing of commission edicts within ten days and shall have twenty days to comply or be subject to termination after one written warning and a second failure to refuse to cooperate with federal officials and agents. No official, employee, or contractor shall be penalized for compliance with an edict of the Commission.
(m)The Legislature is authorized to establish a state fund to pay for private legal counsel and provide financial support of state citizens and agents who refuse to cooperate with unconstitutional federal actions, with the intention to obtain judicial decisions that support the unconstitutionality of the federal actions, and hold the resisting citizen harmless.
(n) The Legislature is authorized to enact legislation needed to implement this Section. Members shall be compensated on the same terms as other grand jurors in the State.
Sec. 75. STATE GRAND JURIES. (a) At least one state grand jury, and as many more as the Legislature may provide, shall be empaneled, and shall operate in the same manner as specified in Art. XVI, Sec. 74(d-k).
(b) The state grand juries prescribed under this Section shall be empowered to hear citizen complaints about misconduct of public officials, and to investigate public administration, state or local, at its own initiative, but no such state grand jury shall devote more than one-fourth of its working hours to indictments, and if more time is needed, may itself convene additional state grand juries of the same kind, up to a maximum of ten.
(c) The Legislature is authorized to enact legislation needed to implement this Section. Members shall be compensated on the same terms as other grand jurors in the State.
SECTION 2. The following temporary provision is added to the Texas Constitution:
The first eight members selected of the Federal Action Review Commission and each State Grand Jury shall serve for six months, the second eight for four months, and the last seven for two months.
SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held (DATE). The ballot shall be printed to provide for voting for or against the proposition: “The constitutional amendment to establish state grand juries, one called the Federal Action Review Commission, to hear citizen complaints about the constitutionality of the actions of federal officials or agents, and if it finds them unconstitutional, to authorize and direct non-cooperation with such actions by state officials, agents, and contractors; and the second kind to investigate official misconduct and public administration.”


 10th Amendment Resolution


A RESOLUTION affirming the sovereignty of the People of the State of _________.
WHEREAS, in the American system, sovereignty is defined as final authority, and the People, not government, are sovereign; and
WHEREAS, the people of the State of __________ are not united with the People of the other forty-nine states that comprise the United States of America on a principle of unlimited submission to their federal government; and
WHEREAS, all power not delegated by the people to government is retained; and
WHEREAS, the People of the several States comprising the United States of America created the federal government to be their agent for certain enumerated purposes only; and
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 which has been delegated by the people to the federal government in the Constitution of the United States, and also that which is necessary and proper to carry into execution those enumerated powers; with the rest being left to state governments or the people themselves; and
WHEREAS, powers, too numerous to list for the purposes of this resolution, have been exercised, past and present, by federal administrations, under the leadership of both Democrats and Republicans, which infringe on the sovereignty of the people of this state, and may further violate the Constitution of the United States; and
WHEREAS, when powers are assumed by the federal government which have not been delegated to it by the People, a nullification of the act is the rightful remedy; that without this remedy, the People of this State would be under the dominion, absolute and unlimited, of whoever might exercise this right of judgment for them.
NOW THEREFORE, BE IT RESOLVED BY THE  _____ OF THE _______ GENERAL ASSEMBLY OF THE STATE OF ______, WITH THE SENATE
CONCURRING, that we hereby affirm the sovereignty of the People of the State of _______ under the Tenth Amendment to the Constitution of the United States over all powers not otherwise delegated to the federal government by the Constitution of the United States; and, be it further
RESOLVED, that this Resolution shall serve as a Notice and Demand to the federal government to cease and desist any and all activities outside the scope of their constitutionally-delegated powers; and, it be further
RESOLVED, that a committee of conference be appointed by this legislature, which shall have as its charge to recommend and propose legislation which would have the effect of nullifying specific federal laws and regulations which are outside the scope of the powers delegated by the People to the federal government in the Constitution; and, be it further
RESOLVED, that a committee of correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship as currently exists;  that it considers union, for specified national purposes, and particularly those enumerated in the Constitution of the United States, to be friendly to the peace, happiness and prosperity of all the States; and, be it further
RESOLVED, that a certified copy of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of this State’s Congressional delegation with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.


Uniform Enumerated Powers


SECTION 1. LEGISLATIVE FINDINGS
The legislature of the State of [STATE] finds that,
1. The People of the Several States by virtue of their mutual compact created the federal government, as documented in the United States Constitution;
2. The People of the Several States set forth in the Constitution those powers which the several States delegated to the federal government;
3. The legislative powers which the the People of the Several States delegated to the federal government are set forth in the Constitution of the United States;
4. By virtue of the Tenth Amendment to the Constitution set forth in the Bill of Rights, the People of the Several States reserved to themselves, and to the People, all powers which were neither specifically delegated to the federal government in the Constitution nor expressly prohibited to the States therein;
5. Article V of the Constitution sets forth an express mechanism for proposing and approving amendments to the Constitution should powers not originally delegated by the People of the Several States to the federal government in the Constitution be deemed needful;
6. Under VI of the Constitution, the Constitution itself, and only those laws enacted by the federal government in pursuance of the Constitution under the powers actually delegated to it by the People of the Several States under the Constitution, are the supreme law of the land;
7. The federal government has assumed various powers not delegated to it by the People of the Several States according to the plain meaning of the language in the Constitution which delegates such powers;
8. The federal government, in reliance on the so-called commerce clause, general welfare clause and/or necessary and proper clause of the Constitution, exercises virtually unlimited power over all aspects of the lives of the People of the Several States, rendering meaningless the enumeration of limited powers which the People of the Several States delegated to the federal government;
9. The Tenth Amendment to the Constitution expressly provides:
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.
SECTION 2. NEW LAW, SHORT TITLE.
This Act may be cited as the ‘Uniform Enumerated Powers Act’.
Sec. 102a. Constitutional authority clause
Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. If Congress shall fail or refuse to comply with this section, such Act, or any portion of such Act, shall be unauthoritative, void, and of no effect in the State of [STATE].
Sec. 102b. Concise and definite statement
The concise and definite statement of constitutional authority shall contain, at a minimum, the Article, Section and subsection or clause of the Constitution relied upon for the enactment of each portion of a federal Act.
When relying upon any interpretation of a delegated power that is not within the plain meaning and original intent of the words setting forth the delegated power, Congress shall provide a concise statement of the interpretation of such power from the minutes and records of the Constitutional Convention and/or the various ratifying conventions of the several states.
For purposes of this Act, any reliance upon the authority of the so-called “Commerce Clause”, “Necessary and Proper Clause” or “General Welfare Clause” shall be deemed not within the plain meaning of the words setting forth the delegated power.
SECTION 3.
This act takes effect upon approval by the Governor People.


Interstate Commerce Clause

SUMMARY
Provides that all goods grown, manufactured or made in (STATE) and all services performed in (STATE), when such goods or services are sold, maintained, or retained in (STATE), shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce.
Be it enacted by the General Assembly of (STATE):
SECTION 1.
This Act shall be known and may be cited as the “Intrastate Commerce Act.”
SECTION 2.
(TITLE) of the Official Code of (STATE), relating to commerce and trade, is amended by adding a new chapter to read as follows:
(CHAPTER)
The General Assembly declares:
(A) The Tenth Amendment to the Constitution of the United States codifies in law that the only powers which the Federal Government may exercise are those that have been delegated to it in the Constitution of the United States;
(B) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of (STATE) those rights;
(C) Under Article I, Section 8, Clause 3 of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states;
(D) The power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments to the Constitution of the United States;
(E) During the Constitutional Convention, the Founders considered a plan which would have authorized the federal government to not only regulate commerce among the several states, but also any activity having spillover effects across state lines. They rejected it;
(F) All goods grown, manufactured or made in (STATE) and all services, performed in (STATE), when such goods or services are sold, maintained, or retained in (STATE), shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce among the several states;
(G) The provisions of this chapter shall apply to goods and services that are produced and retained in (STATE) after (DATE);
(H) Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding two thousand dollars ($2,000.00), or a term of imprisonment not exceeding two (2) years, or both;
(I) Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment;
SECTION 3.
This act takes effect upon approval by the Governor People.


This last one is from Checks and Balances AZ

OFFICIAL TITLE
AN INITIATIVE CONSTITUTIONAL AMENDMENT
Checks & Balances In Government Act
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY AMENDING SECTION 3; THE CONSTITUTION OF THE UNITED STATES IS THE SUPREME LAW OF THE LAND AND MAY NOT BE VIOLATED BY THE FEDERAL, STATE, OR ANY LOCAL GOVERNMENT. TO PROTECT THEIR FREEDOMS AND PRESERVE THE CHECKS AND BALANCES OF THE UNITED STATES CONSTITUTION, THE PEOPLE OF ARIZONA SHALL BE EMPOWERED TO REJECT ANY FEDERAL ACTION THAT THEY DETERMINE VIOLATES THE UNITED STATES CONSTITUTION. IN ADDITION TO ALL OTHER AVAILABLE LEGAL REMEDIES, THEY MAY DO SO BY 1) MAJORITY VOTE IN AN INITIATIVE OR REFERENDUM, OR 2) MAJORITY VOTE OF THEIR REPRESENTATIVES IN BOTH HOUSES OF THE LEGISLATURE WITH THE SIGNATURE OF THE GOVERNOR.
TEXT OF PROPOSED AMENDMENT
Be it enacted by the People of the State of Arizona:
The Constitution of Arizona is proposed to be amended as follows if approved by a majority of the votes cast thereon and on proclamation of the Governor.
Section 1. Article II, Constitution of Arizona, is amended in Section 3 as follows:
Section 3. Supreme law of the land
The Constitution of the United States is the supreme law of the land AND MAY NOT BE VIOLATED BY THE FEDERAL, STATE, OR ANY LOCAL GOVERNMENT. TO PROTECT THEIR FREEDOMS AND PRESERVE THE CHECKS AND BALANCES OF THE UNITED STATES CONSTITUTION, THE PEOPLE OF ARIZONA ARE EMPOWERED TO REJECT ANY FEDERAL ACTION THAT THEY DETERMINE VIOLATES THE UNITED STATES CONSTITUTION. IN ADDITION TO ALL OTHER AVAILABLE LEGAL REMEDIES, THEY MAY DO SO BY 1) A MAJORITY OF VOTES CAST IN AN INITIATIVE OR REFERENDUM, OR 2) A MAJORITY VOTE OF THEIR REPRESENTATIVES IN BOTH HOUSES OF THE LEGISLATURE WITH THE SIGNATURE OF THE GOVERNOR.