I saw something while working on this post for Georgia Legislative Watch that caught my eye.
It was known as HR 280, and its title was “Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist”.
Basically, this Resolution says that the 10th Amendment to the US Constitution declared that any power not specifically vested in the National government via the Constitution was reserved to the States. The National government was created to be an agent of the States, yet now treats the States as agents of the National government. Many National decisions are direct violations of the 10th Amendment, and SCOTUS ruled in 1992 that the US Congress can not simply override the legislative and regulatory processes of the States. Finally, there is a lot of stuff going on right now in Washington that if done as proposed would further violate the 10th Amendment.
Because of all these factors, the State of Georgia claims its sovereignty rights under the 10th Amendment over all powers not specifically delegated to the National government via the US Constitution. Furthermore, the State of Georgia orders the National government, as its agent, to immediately cease and desist with all actions beyond the scope of its Constitutional powers.
The order would be transmitted to POTUS (Barack Obama), President of the US Senate (V-POTUS Joe Biden), Speaker of the US House of Representatives (Nancy Pelosi), each State’s Speaker of the House and President of the Senate (the other 49 states), and each US Representative and US Senator that represents Georgia.
Those are some heavy hitters politically, and this Resolution is sponsored by a group of relative newcomers to the State House: Martin Scott (R-Rossville, 3rd term), Tommy Benton (R-Jefferson, 3rd term), Sean Jerguson (R-Canton, 2nd term), Terry England (R-Auburn, 3rd term), Stephen Allison (R-Blairsville, 1st term), and Tom Weldon (R-Ringgold, 1st term).
I urge you to do everything you can to support this Resolution and these Representatives. They clearly are on the right path, and I personally wish them all the best.
The main difference between the GA and NH measures is that the GA measure doesn’t include a nullification clause. A nullification clause would state essentially that ertain future acts will be viewed as a “breach of peace” with the states themselves that risks “nullifying the Constitution”. Just as a refresher to your history knowledge, this was a major bone of contention circa 1860. It was this ‘nullification’ principle that the Southern States cited when they seceded from the Union to kick off the American Civil War.
Honestly, at this point I would kill any resolutions that had a nullification clause – including the NH one – simply because I don’t feel that the situation yet warrants war, which is what a nullification clause would lead directly to.
The Second American Civil War.
GA didn’t fare so well the first time, and I’d rather not see a second time in my lifetime if it can be avoided.
Pass the State level Resolutions. Put pressure on Congress.
But don’t start a physical war.
Filed under: State | Tagged: 10th Amendment, Civil War, Georgia, Georgia General Assembly, HCR 6, HR 280, Martin Scott, New Hampshire, nullification, Sean Jerguson, Stephen Allison, Terry England, Tommy Benton, US Congress, US Constitution |