Wednesday, April 15, 2009

Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

*NOTE: If you're having trouble watching this due to high server traffic, you can watch Gov. Perry's speech here: http://www.youtube.com/watch?v=0LHrIxc-QyE

AUSTIN – Gov. Rick Perry today joined state Rep. Brandon Creighton and sponsors of House Concurrent Resolution (HCR) 50 in support of states’ rights under the 10th Amendment to the U.S. Constitution.

“I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Gov. Perry said. “That is why I am here today to express my unwavering support for efforts all across our country to reaffirm the states’ rights affirmed by the Tenth Amendment to the U.S. Constitution. I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union.”

A number of recent federal proposals are not within the scope of the federal government’s constitutionally designated powers and impede the states’ right to govern themselves. HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government.

It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed.

HCR 50 is authored by Representatives Brandon Creighton, Leo Berman, Bryan Hughes, Dan Gattis and Ryan Guillen.

To view the full text of the resolution, please visit:
http://www.capitol.state.tx.us/tlodocs/81R/billtext/html/HC00050I.htm

7 comments:

Doug said...

Ah yes time to break out the old "States Rights" platform again. And why not. The Southern states have such a fine tradition of invoking this doctrine in the name of several worthy causes.
Slavery: led to the war between the states. On a related note this is where the concept that the state is pretty much subordinate to the Federal was pretty much decided.
Jim Crow Laws: state mandated laws engendering and enforcing legal separation of, and discrimination against racial minorities.
State enforced school segregation. Until of course
that mean old Federal government called out the National Guard and forced us to let all them colored folk drink from the same water fountains and go to our nice schools. And vote too! Now look where the hell we are.

Dave said...

You go Texas! You may be the first state looking to break free from federal control, but you won't be the last...

Doug said...

Actually they'd be second. California, with their open defiance of Federal marijuana prohibition laws would be first in modern times. And in my own humble opinion much more likely to enjoy fairly widespread popular support.

rac said...

Texas Republicans have been trying to dismantle the Federal government for years. It's mandated by their party platform. The rest of you are just now catching on because it's become fashionable... kind of like the Country Western crazy when Urban Cowboy came out.

Doug said...

Amendment X
"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 the people."
One may wonder how many Federal dollars were dispensed to Texas in the recent Hurricanes Ike & Rita recovery efforts.
Don't see anything in the Constitution about that either.

But if you look you do see this.
Amendment XVI
"The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
In other words, your duly elected Congress will decide how to collect and spend taxes. If enough people decide that they don't like the way the Congress is performing their Constitutionally mandated responsibilities then they may choose to change that Congress through another Constitutional mandate known as elections. The frequency and execution of these elections are dealt with explicitly in Amendments 12, 14 & 17, 20, 24 & 26.
A perfunctory review of Constitutional amendments reveals no apparent reference to grandstanding politically motivated state governors having any authority in the collection, suspension or spending of Federal tax revenue.

Let's call this for what it is, a symbolic gesture of the middle finger to the Federal government meant to coincide with Wednesday's tax day parties/protests.

Happy teabagging.

Sean said...

This administrations actions go beyond collecting taxes. They are forcing states to accept the tax money so they can later feign outrage over how it is spend then assume control over the states. Think this is far fetched? Look at AIG and GM.

rac said...

You know, if these teabaggers had any balls they would put their money where their mouth is and quit paying taxes. Otherwise it's just a bunch of grandstanding and hot air.