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Supporters of the 10th Amendment and State Sovereignty

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Supporters of the 10th Amendment and State Sovereignty

We support the sovereignty of the Commonwealth of Virginia and are concerned about the usurpation of powers not enumerated in the Constitution by the federal government.

Members: 48
Latest Activity: Sep 17, 2011

Proposal to Amend the Constitution of the Commonwealth of Virginia

For your consideration: December 10, 2010

Honorable Senators and Delegates;

Now comes me before the legislature, and

WHEREAS, I am deeply concerned about the direction our federal government has taken over recent years and the adverse affects some of its actions have had and will have on the rights and liberties of the citizens of the Commonwealth; and

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, the states today are demonstrably treated as agents of the federal government; and

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

WHEREAS, the Tenth Amendment assures that we, the people of the United States of America and each sovereign state of the United States, now have, and have always had, rights the federal government may not usurp; and

WHEREAS, Article IV, Section 4 says that “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 invalidated the Gun-Free School Zones Act in United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (U.S.1995). although well meaning the act overstepped the bounds of regulating commerce it's invalidation thereby reinforcing the enumerated powers clause of the Ninth Amendment; and

WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U. S. 144 (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 other proposals that may be anticipated, may further violate the Constitution of the United States; now, therefore, let the Constitution of the Commonwealth of Virginia be amended as follows:

"The Commonwealth of Virginia 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. The Commonwealth by this amendment serves notice to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers. Further, no federal legislation shall become binding on the Commonwealth of Virginia unless such legislation shall have a basis under the enumerated powers of the Constitution or shall have been passed into law by the Commonwealth of Virginia."

Your Humble Servant,

Thomas J. Whitmore
Manassas, Va

Discussion Forum

A violation of 18USC2381 Treason upon deprecating our Constitution that gives any state a cause for lawful withdrawal from our Constitution upon failure-of-consideration

"A violation of 18USC2381 Treason upon deprecating our Constitution that gives any state a cause for…Continue

Started by Constitutional Reset AKA Russell Jun 14, 2010.

Virginia 10th Amendment Revolution 5 Replies

The Virginia Campaign for Liberty has officially launched a legislative campaign around two 10th amendment bills. We're calling the campaign the "10th Amendment Revolution".With all the federal power…Continue

Started by Donna Holt (dljholt). Last reply by Tim Sheflin Feb 2, 2010.

Comment Wall

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Comment by Tom Whitmore on March 2, 2010 at 12:03pm
Kudos to Bob Marshall for following through to move the HB10 out of Senate committee. "Excuses are the nails that build the house of failure" and fortunately for Virginia, Delegate Marshall has never gotten cozy with the notion of excuses. Keep fightin' Bob, we have your back.
Comment by Tim Sheflin on March 2, 2010 at 10:22am
I am curious to know, how many others are there?
Comment by The Bulletproof Monk on March 2, 2010 at 8:50am
Thank you for the update Donna. A well-worded dismissal of the Senator's obvious lack of Constitutional knowledge has been dispatched.
Comment by Donna Holt (dljholt) on March 2, 2010 at 8:03am
Does Virginia Senator Richard L. Saslaw Need a Lesson in History?

In a stunning remark made by Senator Richard L. Saslaw in the Commerce and Labor Committee yesterday afternoon, he made it obvious he does not understand the role of state government. It brings into question whether he is qualified to do his job as a legislator of the Commonwealth.

Delegate Robert G. Marshall’s Virginia Healthcare Freedom Act, HB10, which had already passed in the House, was being considered by Chairman Saslaw’s senate committee. The bill states that “No law shall restrict an individual’s natural right and power of contract to choose private health care systems or private plans”. Delegate Marshall argued that “never has Congress mandated that individuals buy anything”. Senator Saslaw stunned members of the tea party movement in attendance in support of the measure with his comment “you’re telling me that we’re going to tell Congress what to do? Congress can do whatever it wants.”

Senator Saslaw demonstrates that he doesn’t know that it was the states that created the federal government, wrote the U.S. Constitution, and insisted on a Bill of Rights to spell out what the government can do.

Senator Saslaw makes it clear that he believes his role as a state legislator is to serve as an arm of the federal government and administer to it rather than defend state’s rights against the overreaching power by the federal government to ensure the sovereignty of the state.

History tells us that the states didn't want to lose the ability to make regional decisions nor to be subject to a greater authority. The Framers wanted to assure that the states would remain largely in charge within their own borders.

They felt so strongly about this principle that they codified it in law as the Tenth Amendment:

“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.”

When legislators of the Commonwealth do not understand the job they were elected to do, it is questionable whether they should keep it. Perhaps Senator Saslaw should take a lesson in history.

To the surprise of supporters of the HB10, Senator Normant first vote "no" effectively killing the bill. Delegate Marshall's appeal to the Senator to move to substitute the language for the language of Senator Vogel's SB417, already passed by the committee, put it up for a second vote and was reported with a vote of 8 - 7. It will now go to the Senate floor for a vote.
Comment by George Dodge on February 24, 2010 at 10:07pm
As you know, Delegate Bob Marshall supports the 10th Amendment cause. Now he needs our help as he has come under attack for supporting the elimination of taxpayer funding for Planned Parenthood.

A response to the Gainsville Times article has been posted on the Citizen-Patriot Blog

Please visit the Citizen-Patriot Blog and post a comment supporting Bob.
Comment by Donna Holt (dljholt) on February 16, 2010 at 2:29pm
HB69, the Virginia Firearms Freedom Act passed on the House floor with a bi-partisan vote of 70 - 29. Now the bill moves to the Senate.
Comment by Donna Holt (dljholt) on February 12, 2010 at 6:24pm
They do keep you wondering, don't they?
Comment by Tom Whitmore on February 12, 2010 at 6:17pm
Soon as I saw your message Donna i went to the legis site and checked HB10, by that time it said referred to "House" Commerce and Trade committee I said what the heck and started looking around, when I came back to the page it now said referred to "Senate" Commerce and Trade committee!! I would say a case of slippery fingers in the clerks office!! Bob's bill was cutting donuts there for awhile!!
Comment by Donna Holt (dljholt) on February 12, 2010 at 6:07pm
No sooner than I sent the last email out, HB10 was reassigned to the Senate Commerce & Trade Committee.

Either you are REALLY fast on the draw or they realized their mistake and fixed it. While I have no doubt you are always fast on the draw, I gather they realized their mistake and reassigned the bill to the appropriate committee.

That being said the action has is the same but directed to the members of the Senate Commerce and Trade Committee.

This is the list of the members of that committee:

Saslaw (Chairman), Colgan, Miller, Y.B., Wampler, Norment, Stosch, Edwards, Watkins, Wagner, Newman, Puckett, Puller, Herring, McEachin, Deeds
Comment by Donna Holt (dljholt) on February 12, 2010 at 4:53pm
Dear Friends of Liberty,

Word just came that Bob Marshall's HB10 has been assigned to the Senate Education and Health Committee. Why would this bill be assigned to Education and Health when the Senate versions were assigned to Commerce and Trade if not to stop it's passage? Can it be that no one on the Senate side wants Bob Marshall to get credit for his defense of our health care freedom? What about credit for all of your hard work on HB10 which was the first bill we came together on.

Here is the list of the members of that committee:

Houck (Chairman), Saslaw, Lucas, Howell, Quayle, Martin, Newman, Edwards, Ruff, Whipple, Blevins, Locke, Barker, Northam, Miller, J.C.

You can find the hot links to get contact information for each of them here.

Suggested script:

Dear Senator ___________,

On January 18, 2010 I was one of approximately 2400 citizens who came to the state capitol to lobby and rally for support of Delegate Bob Marshall's HB10, the Virginia Healthcare Freedom Act.

I believe that the federal government is stepping outside its authority to mandate that each citizen of this nation purchase a federally approved health care plan. No court has ever ruled in favor of a contract entered into under duress. But if the proposed federal mandate passes, every citizen will be forced to comply or be taxed $1900 and if they don't pay, could even be sentenced to a year in jail under IRS laws.

These 2400 citizens asked Delegate Bob Marshall to provide us with a bill to protect the citizens of Virginia against this federal mandate and he answered to our call with HB10, the Virginia Healthcare Freedom Act.

Now I ask you, will you protect the rights of the citizens of our great Commonwealth by voting "yes" to HB10 when it comes up in your committee for a vote?

Sincerely,

(Your name)

We need all hands on deck. We have come too far to compromise now.

Please contact the members of this committee TODAY! This bill could come up in committee at the next meeting which is Thursday, February 18,2010. Then spread the word and ask all of your friends, neighbors, family, co-workers, and social networks to do the same.

Even though the Senate bill has passed both houses, HB10 was one of only two bills our legislative campaign was based on.

A win for HB10 is a win for the VA 10th Amendment Revolution!!!

Yours in liberty,
 

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