[LPmeck] Fwd: Sovereignty Resolution

[Christopher Cole]

     Date: Sat, 11 Apr 2009 08:29:16 -0400
     From: Brian Irving <brian at libertypoint.org>
Reply-To: LPNC at yahoogroups.com
  Subject: [LPNC] Sovereignty Resolution
       To: LPNC Yahoo Group <LPNC at yahoogroups.com>

This is a resolution I will offer at the 2009 LPNC Convention:

*A RESOLUTION BY THE LIBERTARIAN PARTY OF NORTH CAROLINA*, supporting
the right of the State and People of North Carolina to assert
sovereignty over certain powers under the Tenth Amendment to the
Constitution of the United States.

*WHEREAS*, the Tenth Amendment to the Constitution of the United States
states: "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 Tenth Amendment defines the total scope of federal power
as being that specifically granted by the Constitution of the United
States and no more; and

*WHEREAS*, the scope of power 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*, today, in 2009, the states are demonstrably treated as agents
of the federal government; and

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

*WHEREAS*, Section 4 of Article IV of the Constitution of the United
States says, "The United States shall guarantee to every state in this
union a republican form of government," and the Ninth Amendment states
that "The enumeration in the constitution of certain rights, shall not
be construed to deny or disparage others retained by the people;" and

*WHEREAS*, the United States Supreme Court ruled in _New York v. United
States_, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer
the legislative and regulatory processes of the states; and

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

*NOW*, *THEREFORE* *BE* *IT* *RESOLVED* that the Libertarian Party of
North Carolina, wishing to the restore the checks and balances between
the sovereign States and the Federal government, and seeking to return
the government of the United States to a government of specific,
enumerated and limited powers as intended by the Founding Fathers, calls
upon the members of the North Carolina General Assembly and the Governor
of North Carolina to:

     *

       *Assert* the sovereignty of the State of North Carolina under the
       Tenth Amendment to the Constitution of the United States over all
       powers not otherwise enumerated and granted to the Federal
       government or reserved to the people by the Constitution of the
       United States.

     *

       *Demand* that the government of the United States, as the agent of
       the States, immediately cease and desist mandates beyond the scope
       of any constitutionally delegated powers.

     *

       *Demand *all Federal legislation which directs States to comply
       under threat of civil or criminal penalties or sanctions or
       requires states to pass legislation or lose federal funding be
       prohibited or repealed.

     *

       *Refuse* to enforce laws, collect revenues, or adjudicate disputes
       arising under Federal laws, rules and regulations passed in
       violation of the Tenth Amendment.

*FURTHER*, we call on the representatives of the State of North
Carolina's to the United States Congress to propose the repeal of the
the 16th and 17th Amendments to the Constitution of the United States



/Done, this _____ day of April 2009 in Burlington, State of North Carolina/


-- 
Chris Cole
Huntersville, NC

"Those who pretend they want to preserve freedom, while they are eager to fix
prices, wage rates, and interest rates at a level different from that of the
market, delude themselves. There is no other alternative to  
totalitarian slavery
than liberty. There is no other planning for freedom and general  
welfare than to
let the market system work. There is no other means to attain full employment,
rising real wage rates, and a high standard of living for the common man than
private initiative and free enterprise."
-Ludwig von Mises
Founder, Austrian School of Economics
March 30, 1945
-------------- next part --------------
This is a resolution I will offer at the 2009 LPNC Convention:

*A RESOLUTION BY THE LIBERTARIAN PARTY OF NORTH CAROLINA*, supporting 
the right of the State and People of North Carolina to assert 
sovereignty over certain powers under the Tenth Amendment to the 
Constitution of the United States.

*WHEREAS*, the Tenth Amendment to the Constitution of the United States 
states: "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 Tenth Amendment defines the total scope of federal power 
as being that specifically granted by the Constitution of the United 
States and no more; and

*WHEREAS*, the scope of power 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*, today, in 2009, the states are demonstrably treated as agents 
of the federal government; and

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

*WHEREAS*, Section 4 of Article IV of the Constitution of the United 
States says, "The United States shall guarantee to every state in this 
union a republican form of government," and the Ninth Amendment states 
that "The enumeration in the constitution of certain rights, shall not 
be construed to deny or disparage others retained by the people;" and

*WHEREAS*, the United States Supreme Court ruled in _New York v. United 
States_, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer 
the legislative and regulatory processes of the states; and

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

*NOW*, *THEREFORE* *BE* *IT* *RESOLVED* that the Libertarian Party of 
North Carolina, wishing to the restore the checks and balances between 
the sovereign States and the Federal government, and seeking to return 
the government of the United States to a government of specific, 
enumerated and limited powers as intended by the Founding Fathers, calls 
upon the members of the North Carolina General Assembly and the Governor 
of North Carolina to:

    *

      *Assert* the sovereignty of the State of North Carolina under the
      Tenth Amendment to the Constitution of the United States over all
      powers not otherwise enumerated and granted to the Federal
      government or reserved to the people by the Constitution of the
      United States.

    *

      *Demand* that the government of the United States, as the agent of
      the States, immediately cease and desist mandates beyond the scope
      of any constitutionally delegated powers.

    *

      *Demand *all Federal legislation which directs States to comply
      under threat of civil or criminal penalties or sanctions or
      requires states to pass legislation or lose federal funding be
      prohibited or repealed.

    *

      *Refuse* to enforce laws, collect revenues, or adjudicate disputes
      arising under Federal laws, rules and regulations passed in
      violation of the Tenth Amendment.

*FURTHER*, we call on the representatives of the State of North 
Carolina's to the United States Congress to propose the repeal of the 
the 16th and 17th Amendments to the Constitution of the United States



/Done, this _____ day of April 2009 in Burlington, State of North Carolina/