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Old 02-22-2009   #1 (permalink)
eod4paws is offline Made Member

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Exclamation 10th Ammendment of the US Constitution

Here is a modified version (for Colorado) of the States whom are seeking the 10th Ammendment sovereignty from the US Government.

1.1 A RESOLUTION, from the Citizens (People) within the Territory of the State of Colorado,
1.2 memorializing the federal government to halt its practice of imposing mandates upon
1.3 The State of Colorado and its Citizens (People) for purposes not enumerated by the Constitution
1.4 of the United Statesand affirming The State of Colorado, and The Citizens (People) of The State
1.5 of Colorado, sovereignty under the Tenth Amendment to the Constitution of the United States.

1.6 WHEREAS, the Tenth Amendment to the Constitution of the United States reads as
1.7 follows: "The powers not delegated to the United States by the Constitution, nor prohibited by
1.8 it to the States, are reserved to the States respectively, or to the people;" and


1.9 WHEREAS, the Tenth Amendment defines the total scope of federal power as being that
1.10 specifically granted by the Constitution of the United States and no more; and


1.11 WHEREAS, the scope of power defined by the Tenth Amendment means that the federal
1.12 government was created by the States specifically to be an agent of the States respectively,
1.13 or to the Citizens (People) thereof; and


1.14 WHEREAS, today, in 2009, the States are demonstrably treated as agents of the federal
1.15 government; and

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


1.18 WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S.
1.19 Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory
1.20 processes of the States; and


1.21 WHEREAS, a number of proposals from previous administrations and some now pending
1.22 from the present administration and from Congress, may further violate the Constitution of
1.23 the United States;

1.24 WHEREAS, The Citizens (People) of the State of Colorado have the sole and exclusive right of
1.25 governing themselves, as a free, sovereign and independent State; and to alter and abolish their
1.26 constitution and form of government whenever they may deem it necessary to their safety and
1.27 happiness, provided, such change be not repugnant to The Constitution of the United States.

1.28 WHEREAS, in Murdock v. Pennsylvania, 319 US 105: "No State shall convert a liberty into
1.29 a privilege, license it, and charge a fee therefore."

1.30 WHEREAS, in Shuttlesworth v. City of Birmingham Alabama, 373 US 262: "If the State converts
1.31 a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right
1.32 (liberty) with impunity."

1.33 WHEREAS, in Sherer v. Cullen, 481 F 946: "There can be no sanction or penalty imposed
1.34 upon one because of this exercise of constitutional rights."

1.35 WHEREAS, in The Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. 1.36 Section 256) “The general misconception is that any statute passed by legislators bearing the
1.37 appearance of law constitutes the law of the land. The Constitution of the United States is the
1.38 supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for
1.39 both the Constitution and a law violating it to be valid; one must prevail.
1.40 This is succinctly stated as follows: The general rule is that an unconstitutional statute,
1.41 though having the form and name of law, is in reality no law, but is wholly void, and ineffective for
1.42 any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the
1.43 date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as
1.44 if it had never been passed. Such a statute leaves the question that it purports to settle just as it would
1.45 be had the statute not been enacted.” “Since an unconstitutional law is void, the general principals
1.46 follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on
1.47 anyone, affords no protection, and justifies no acts performed under it.. A void act cannot be legally
1.48 consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid
1.49 law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded
1.50 thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”


2.1 NOW, THEREFORE, BE IT RESOLVED by the Citizens (People), for the Citizens (People)
2.2 within the Territory of the State of Colorado to the Governor, Representatives, Senators, and the
2.3 Legislature of the State of Colorado that it urges the President and the Congress of the United States
2.4 to halt the federal government's practice of imposing mandates upon the State of Colorado
2.5 and its Citizens (People) for purposes not enumerated by the Constitution of the United States,
2.6 and that it affirms Colorado's sovereignty to its Citizens (People) and its Territory under the
2.7 Tenth Amendmentto the Constitution of the United States over all powers not otherwise
2.8 enumerated and granted to the federal government by the Constitution of the United States;

2.9 BE IT FURTHER RESOLVED, that The Secretary of State of The State of Colorado is
2.10 directed to prepare copies of this memorial and transmit them to;
2.11 The President of The UnitedStates;
2.12 The Senate Majority Leader and The Secretary of the United States Senate;
2.13 The Speaker of the House and the Clerk ofThe United States House of Representatives;
2.14 The Chairperson of The United States Senate Committee on the Judiciary;
2.15 The Chairperson of The United States House Committee on the Judiciary;
2.16 The Colorado Senators of United States Senate;
2.17 The Colorado Representatives of United States House of Representatives;
2.18 The Governor of The State of Colorado;
2.19 The Chairperson, Legislators and Clerk of The Colorado State House of Legislation;
2.20 The Chairperson, Representatives and Clerk of The Colorado State House of Representatives;
2.21 The Chairperson of The State of Colorado Legislative Committee on the Judiciary;
2.22 The Chairperson of The State of Colorado Representative Committee on the Judiciary;
2.23 The Citizens (People) of the State of Colorado within the Territory of the State of Colorado.
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Old 02-22-2009   #2 (permalink)
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Several states are doing these resolutions recently. It's about damn time and it's a telling fact about what the Federal government is doing these days.
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Old 02-22-2009   #3 (permalink)
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referendum state works here in az

...kinda lost been awake forever is that wat your (colorado is) aiming for or is it deeper .....ok time to sign off and sleep
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Old 02-22-2009   #4 (permalink)
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No referendum will be seen for Colorado for at least a couple years. Both our state and federal reps are democrats after the last election and that's the last thing they want passed.
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Old 02-22-2009   #5 (permalink)
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Besides the 2nd Amendment, the 10th is probably the the most despised and ignored amendment by the political elite in D.C. And if it was to be enforced Washington would lose 2/3rds of it power.-----which would be a good thing.
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