South Carolina claiming Sovereignty

[NewEngland4Obama]

Are they trying to secceed again? Or Is this about not accepting the Stimulus Plan Money?

South Carolina General Assembly
118th Session, 2009-2010
Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 424

STATUS INFORMATION

Concurrent Resolution
Sponsors: Senators Bright, S. Martin, Alexander, Campbell, Fair, Knotts, Cromer, Mulvaney, Verdin, L. Martin, Shoopman, Rose, McConnell, Thomas, Cleary, Courson, Coleman, Davis, Reese and Campsen
Document Path: l:\s-res\lb\006tent.kmm.lb.docx

Introduced in the Senate on February 12, 2009
Introduced in the House on February 17, 2009
Currently residing in the House Committee on Judiciary

Summary: Not yet available

HISTORY OF LEGISLATIVE ACTIONS


Date Body Action Description with journal page number
-------------------------------------------------------------------------------
2/12/2009 Senate Introduced SJ-8
2/12/2009 Senate Referred to Committee on Judiciary SJ-8
2/17/2009 House Introduced
2/17/2009 House Referred to Committee on Judiciary

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/12/2009



(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


A CONCURRENT RESOLUTION
TO AFFIRM SOUTH CAROLINA'S SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION OVER ALL POWERS NOT ENUMERATED AND GRANTED TO THE FEDERAL GOVERNMENT BY THE UNITED STATES CONSTITUTION.

Whereas, the Tenth Amendment to the United States Constitution provides that "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 limited scope of federal power as being that specifically granted by the United States Constitution; and

Whereas, the limited scope of authority 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, currently the states are treated as agents of the federal government; and

Whereas, many federal mandates are directly in violation of the Tenth Amendment to the United States Constitution; and

Whereas, the United States Supreme Court has ruled that Congress may not simply commandeer the legislative and regulatory processes of the states. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, claims for the State of South Carolina 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 United States Constitution.

Be it further resolved that all governmental agencies, quasi-governmental agencies, and their agents and employees operating within the geographic boundaries of the State of South Carolina, or all governmental agencies and their agents and employees, whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution of the United States or be subject to penalty of law as provided for now or in the future, within the Constitution of South Carolina, the South Carolina statutes, or the common law as guaranteed by the Constitution of the United States.

Be it further resolved that this resolution serves as notice and demand to the federal government, as South Carolina's agent, to cease and desist immediately all mandates that are beyond the scope of the federal government's constitutionally delegated powers.

Be it further resolved that copies of this resolution be forwarded to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of South Carolina's Congressional Delegation, all at Washington, D.C., and to the Speaker of the House of Representatives and the President of the Senate of the legislatures of the other forty-nine states.


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http://www.scstatehouse.gov/sess118_2009-2010/bills/424.htm

[SuperTrouper]

1. Where is Lindsey Graham when we need the "theatrics"?

[Occam Bandage]

2. I thought we already went through the Nullification crisis. nt

[no_hypocrisy]

3. What are they gonna do about it? Stop paying their federal taxes?

Stop taking federal aid?
Raise their own army?
Withdrawn their Senators and Representatives from Congress?
Attack Georgia?
Reinstate slavery?

[mmonk]

4. Hypocrits. They gave up full sovereignty of states rights under bush,

the unitary executive.

[grantcart]

5. time to bring Reconstruction back for atleast one state

[Proud Liberal Dem]

6. Don't know if they're trying to secede or not

I sure hope not. More than likely, however, it's probably just another sign that they are keenly aware that the Democrats are back in charge in Washington- because I'm sure that they didn't care about Bush's "mandates" when he and the GOP were in charge in Washington. They are also probably petrified that an African-American (and closet Muslim) is POTUS.

:shrug:

[sasquatch]

7. Where's William Tecumseh Sherman when we need him?

[Occam Bandage]

15. He and McClernand are still stuck in the mud near Vicksburg.

Grant better get his ass down there soon.

[Thrill]

8. Don't accept it then. Florida and California could use more

[Jennicut]

44. Yeah, if you don't want the stimulus in your state stupid Rethugs

then we will give it to those who DO want it. Can they be any more ridiculous?

[Born_A_Truman]

9. Do they think it expired?

[Andy823]

10. I say

No stimulus money for them! That might make them change their mind! :evilgrin:

[camera obscura]

11. I know Obama wants to be Lincoln, but this is getting a little out of hand

[Sultana]

35. LOL

:D

[TwilightGardener]

12. That's fine. Let 'em opt out of federal taxes, and also federal funding of any sort.

Including Medicare, Pell Grants, etc. I bet we'll come out way ahead. See ya, losers.

[billybob537]

13. they must want us to pull out

all the military bases and stop sending Federal highway money?

[WeDidIt]

14. It's a meaningless bill.

If South Carolina tried to enforce such an assertion after passage of this bill as law, it would be struck down as a violation of the 14th Amendment.

BTW, similar measures are being introduced in Tennessee, Oklahoma, and Texas.

[TwilightGardener]

19. For what purpose are these states putting through these measures?

[WeDidIt]

21. It's an old Republican Meme during Dem Administrations

State's rights is a winner with their "Southern Strategy".

They figure it would be especially effective during the administration of teh first African American President, especially since they've hoaxed a large subset of their mouthbreather base to beleive Obama is not even an American Citizen.

[DJ13]

16. On behalf of the Blue states I say let 'em leave!

We could finally get our share of federal money instead of paying for those Southern leeches.

[demo dutch]

31. This is part of the State Sovereignty Movement, CA and NH, WA passed similiar bills - See my post 28

[Drunken Irishman]

17. Good! Let them!

What does South Carolina bring to the table? Allow them to secede and then cut off all contact with that abortion of a state.

Let them sink!

FUCK 'EM!

[southernyankeebelle]

18. Hold the check

Before the government sends a stimulus check to SC make sure they stay in the union.

[Captain Hilts]

20. If they seceede, it's okay with me. I had the misfortune to live there 2 years. Yuck. nt

[DeepBlueC]

22. I wonder if it's about unfunded mandates?

or fear of Democrats in Washington? :shrug:

[WeDidIt]

25. Goopers Scream STATE'S RIGHTS whenever Dems are in control

It's part of their "Southern Strategy".

[demo dutch]

32. CA, PA and NH , VT, & WA passed similiar bills

[Zomby Woof]

23. They have been at this since at least Andrew Jackson

[mediaman007]

24. I think that they want out of "No Child Left Behind" and the Special

Education mandates.

[demo dutch]

33. You got it! It's part of the State Sovereignty Movement sweeping the country

[pampango]

40. Interesting. Many democrats and teachers don't like the NCLB mandates.

Different unfunded mandates aggravate different people at different times, I guess.

[GentryDixon]

26. I'm going to Ft. Sumpter this summer.

Will I be safe???:crazy:

[demo dutch]

27. part of the State Sovereignty Movement, a bunch have done this recently, CA,TX, AZ, GA, HI, and

MI,NH, MO,OK, WA, MT

States that are considering Sovereignty:

Alabama
Alaska
Arkansas
Colorado
Idaho
Indiana
Kansas
Maine
Nevada
Pennsylvania

I believe the intent of these bills is to let the federal government know that the states’ sovereignty will not be overwritten… say in case certain gun ban laws get passed. This is some sort of federalist action group at work
http://www.tenthamendmentcenter.com/2009/02/09/state-sovereignty-movement-quietly-growing/

[Doctor_Horrible]

28. facepalm

I live in this damn state and can't figure it out myself. Thankfully Charlotte's a 7 minute drive away!!!

[demo dutch]

30. See my post 28

[BR_Parkway]

29. Yay, can we build a fence and keep them from crossing into NC now?

And hey, if we've just passed a bill for stimulus that exceeds the powers that they are claiming the Feds are limited to - by all means, tear up that check.

[tledford]

50. That really would create a problem for the Charlotte area...

...since so many who work there live in Rock Hill, Fort Mill, etc....

[Soupy Liberaltarian]

34. I truly wonder how much legal and constitutional weight these bills have... n/m

[WeDidIt]

37. Easy

Zero.

It's all political theater and nothing else.

[crimsonblue]

38. None.

The Civil War resolved that legal issue. States do not have the legal authority to secede, nor do they have the ability to willfully ignore United States law. All federal laws, unless stricken by the courts, are Constitutional via the powers of legislation given to Congress in Article 1. And as nearly every business transaction these days can be legally considered to be interstate, then these transactions become the sole domain of the federal government.

I'd really like to see this get to SCOTUS and get shot down 9-0.

[no_hypocrisy]

36. I want out of NAFTA and GATT too, but this is extreme . . . .

[crimsonblue]

39. Do these idiotic republican state leg's know who passed NCLB?

BUSH. It was BUSH who passed most of the unfunded federal mandates of the past 10 years. I see more than a hint of racism in the action of these states (South Carolina makes an obvious choice for this, as this dickweed of a state sparked the Civil War).

[Still Sensible]

41. Just grandstanding. The U.S. Supreme Court would

slap this bullshit down the first time South Carolina tried to "enforce" against any Federal mandate based on this resolution. And I say that knowing full well we have a pretty conservative Supreme Court right now.

[Are_grits_groceries]

42. Did you see post #27???

SC isn't alone. You act like it's the only state making such noises.
Pretty selective.
If they decide to fire on Fort Sumter, I'm sure they will wait on "The Star of the West."

[Orsino]

43. I can see that we're gonna have to seize all the souvenirs in the Ft. Sumter gift shop. n/t

[rug]

45. Worked out well last time.

[damntexdem]

46. Better look at Amendment 14.

Not to mention 13 and 15, and other outcomes of the Civil War, as well as all amendments since.

[SoCalDem]

47. They do this all the time... There's a hard-core group there who think

the "war of northern aggression" still can be won by the south... if they just wish hard enough :rofl:

[Lint Head]

48. I was born in SC. I moved away from that bigoted racist state.

My immediate family still live there and they're not happy with Obama. My Mom and Dad passed away years ago. They were less racist and life long Democrats. They have plenty of inherited money from the 'plantation' folks but they're as ignorant as it comes when the discussion turns to politics. It is so obvious they are manipulated by the likes of Rush Limpballs and the coward known as G. Gordon Liddy. Everything they say comes directly from these bastards radio shows.
It's really sad but I love it when I visit and don't have to say a word because Obama is 'in their face'.

There are people there that are trying to change things but the 'War Between the States' is still a sore point.
149 years seems to have changed very little. Sometimes I have dreams that my family has changed but we all know as life goes they
probably never will.
:dem:

[Doctor_Horrible]

49. "war between the states" still sore point.? hell, some SC peeps think it's half-time in that war!!!

[Phoonzang]

51. Secession you say?