Bill Text: HI SR11 | 2011 | Regular Session | Introduced

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Bill Title: State Sovereignty

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-23 - (S) Referred to PGM, JDL. [SR11 Detail]

Download: Hawaii-2011-SR11-Introduced.html

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THE SENATE	S.R. NO.	11
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE RESOLUTION

 

 

declaring the SOVEREIGN rights of states under the constitution of the united states.

 

 

     WHEREAS, article I, section 1 of the state constitution declares that "[a]ll political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people"; and

 

     WHEREAS, the State has the right to be governed by the people of Hawaii, free from the constraints of a centralized federal government; and

 

     WHEREAS, the Constitution of the United States delegated powers to Congress authorizing only the punishment of treason, counterfeiting, piracies, and felonies committed on the high seas, and offenses against the law of nations, slavery, and also responsibility over the securities and current coin of the United States; and

 

     WHEREAS, the Tenth Amendment to the Constitution of the United States declares 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," thereby making all acts of Congress that assume to create, define, or punish crimes other than those so enumerated in the Constitution void and unenforceable; and

 

     WHEREAS, the power to create, define, and punish other crimes is reserved solely and exclusively to the respective states, each within its own territory; and

 

     WHEREAS, the other states that are considering similar state sovereignty measures are Arizona, Massachusetts, Michigan, Missouri, Montana, New Hampshire, New York, North Carolina, Oklahoma, Rhode Island, Virginia, and Washington; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, that this body declares that the states composing the United States of America are not united on the principle of unlimited submission to the federal government, rather the United States Constitution envisioned a federal government for special purposes -- delegating to that government certain definite powers while reserving to each state the right to their own self-government; and

 

     BE IT FURTHER RESOLVED that any act by the Congress of the United States, executive order of the President of the United States of America, or judicial order by the United States Supreme Court that assumes a power not delegated to the federal government by the United States Constitution and serves to diminish the liberty of any state or their citizens should be nullified, including but not limited to:

 

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

 

     (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 eighteen other than pursuant to, or as an alternative to, incarceration after due process of law;

 

     (4)  Surrendering any power, either delegated or reserved, for any 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

 

     BE IT FURTHER RESOLVED that if any act of Congress that becomes law or any executive or judicial order put into force that is inconsistent with the powers authorized by the United States Constitution for the federal government, then all powers previously delegated to the federal government by the United States Constitution should revert to the states individually and any future government of the United States of America must require ratification of three quarters of the states seeking to form a government of the United States of America and will not be binding upon any state not seeking to form a government; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the United States, Majority Leader of the United States Senate, Speaker of the United States House of Representatives, members of Hawaii's congressional delegation, and the Governor.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

State Sovereignty