HR 776 - States' rights; based on Jeffersonian principles; affirm

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03/30/09 - House Second Readers

First Reader Summary

A RESOLUTION affirming states' rights based on Jeffersonian principles; and for other purposes.

Status History

Bill History
Date	Action
03/26/2009	House First Readers
03/30/2009	House Second Readers

Versions

LC 28 4790/a

09 LC 28 4790

House Resolution 776

By: Representative Reese of the 98th

A RESOLUTION

Affirming states' rights based on Jeffersonian principles; and for other purposes.

WHEREAS, the Constitution of Georgia recognizes in Article I, Section II, Paragraph I, that "[a]ll government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole"; and

WHEREAS, the Constitution of Georgia further recognizes in Article I, Section II, Paragraph II, that "[t]he people of this state have the inherent right of regulating their internal government" and that "[g]overnment is instituted for the protection, security, and benefit of the people; and at all times they have the right to alter or reform the same whenever the public good may require it"; and

WHEREAS, as a part of the Bill of Rights, the Ninth Amendment to the Constitution of the United States provides that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" and the Tenth Amendment provides that 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 several states of the United States of America did not provide for unlimited submission to a central government, but constituted a general government under the Constitution of the United States with definite powers and for certain purposes, reserving for themselves the power of self-government and self-regulation and all other rights and powers not specifically given to the central government; and

WHEREAS, when the central government assumes powers that were not specifically delegated to the central government by the states and the people, its acts are not authoritative and are void and of no force or effect; and

WHEREAS, the central government should not be the exclusive or final judge or arbiter of whether it possesses such powers or the extent of such powers since the measure of such powers is the Constitution, which is in essence a contract among the several states, each of which has an equal right to judge for itself violations and infractions thereof; and

WHEREAS, examples of such rights can be found in the First Amendment which provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and petition the Government for a redress of grievances" which delegates to the central government no power over such matters as religion, speech, and the press; and

WHEREAS, because the Constitution therefore does not delegate to the central government any powers over the freedoms of religion, speech, and the press, such powers are reserved to the states or to the people, and the states may determine for themselves the extent to which such freedoms may be exercised without being abused and to which restrictions on such freedoms may be tolerated without destroying such freedoms; and

WHEREAS, all acts of the Congress of the United States which abridge the freedom of religion, freedom of speech, and freedom of the press are not law but are altogether void and of no force or effect; and

WHEREAS, by this resolution, the State of Georgia conveys its support for the positions already taken by the State of New Hampshire in reaffirming the principles under which the Constitution of the United States was adopted, recognizing the limits on the powers of central government, and standing against any notion that the states have delegated any powers to the central government other than those specifically delegated in the Constitution; and

WHEREAS, any act of Congress, executive order of the President of the United States, or judicial order of any federal court which assumes a power not delegated to the government of the United States and which serves to diminish the liberty of any of the several states or their citizens shall constitute a nullification of the Constitution by the government of the United States. Such acts include, but are not limited to:

(1) Establishing martial law or a state of emergency within one of the states without the consent of the legislature of that state;

(2) Requiring involuntary servitude or governmental service other than a draft during a declared war or pursuant to, or as an alternative to, incarceration after due process of law;

(3) Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law;

(4) Surrendering any power, delegated or not delegated, to a corporation or foreign government;

(5) Any act regarding religion, further limitations on freedom of political speech, or further limitations on freedom of the press; and

(6) Further infringements on the right to keep and bear arms, including prohibitions of type or quantity of arms or ammunition; and

WHEREAS, should any act of Congress become law or any executive order of the President or judicial order of any federal court be put into force, all powers previously delegated to the United States by the Constitution should revert to the several states individually, and any future government of the United States shall require ratification by three-quarters of the states seeking to form a government of the United States and shall not be binding upon any state not seeking to form such a government.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body affirm the rights of the states under the Jeffersonian principles upon which the Constitution of the United States is based and stand with the several states in seeking to ensure that the federal government only exercises those powers and acts in those areas in which it is specifically delegated powers by the Constitution, with the residual mass of powers being within the province of the several states to exercise and act as each state deems appropriate.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the President of the United States and the members of the Georgia congressional delegation.