Oklahomans' efforts to rein in feds offers glimmer of hope

One of the unappreciated casualties of the War of 1861, erroneously called a Civil War, was its contribution to the erosion of constitutional guarantees of state sovereignty. It settled the issue of secession, making it possible for the federal government to increasingly run roughshod over Ninth and 10th Amendment guarantees.

A civil war, by the way, is a struggle where two or more parties try to take over the central government. Confederate President Jefferson Davis no more wanted to take over Washington, D.C., than George Washington wanted to take over London. Both wars are more properly described as wars of independence.

Oklahomans are trying to recover some of their lost state sovereignty by House Joint Resolution 1089, introduced by State Rep. Charles Key.

The resolution's language, in part, reads: "Whereas, the Tenth Amendment to the Constitution of the United States reads as follows: '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 2008, the states are demonstrably treated as agents of the federal government. ... Now, therefore, be it resolved by the House of Representatives and the Senate of the 2nd session of the 51st Oklahoma Legislature: that the State of Oklahoma hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States. That this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers."

Key's resolution passed in the Oklahoma House of Representatives with a 92 to 3 vote, but it reached a bottleneck in the Senate where it languished until adjournment. However, Key plans to reintroduce the measure when the legislature reconvenes.

Federal usurpation goes beyond anything the Constitution's framers would have imagined. James Madison, explaining the Constitution, in Federalist Paper 45, said, "The powers delegated to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, (such) as war, peace, negotiation, and foreign commerce. ...

Recent comments

• Most Popular
• Most Commented

1. BYU football: Dreams can be dashed at TCU
2. Utah Jazz: A spot in the starting lineup was a nice surprise to Miles
3. Financial troubles leading to violence
4. So long Tommy; Way to go 'Pokes & Key
5. Jewish family makes peace with LDS baptism
6. NFL: Building a home
7. Hughes denies any wrongdoing
8. BYU, Utah basketball: Bogut, Cummard named to MWC team
9. High school football: Parry's Power guide
10. BYU football: Cougars gear up for short week

1. BYU football: Quest still alive — Cougars remain perfect, but it isn't easy 188
2. BYU football: Cougars gear up for short week 152
3. College football polls: BYU 8, 9; Utah 13, 14 123
4. Palin unlawfully abused power in trooper firing, inquiry finds 119
5. Utah Utes football: Special teams, defense lead Utes to 7-0 record 119
6. Jewish family makes peace with LDS baptism 117
7. Grand opening, but ... Real Salt Lake fails to make up ground in MLS playoff push 103
8. High school football rankings 100
9. Immigration laws untenable and need reform, bishop says 86
10. High school football: Layton downs Syracuse in defensive struggle 76
11. (Stories published in the last five days with the most comments)

• Utah
• Sports
• Business