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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 Donna Holt (dljholt) on February 2, 2010 at 3:52pm
Only if they were manufactured in Virginia and had "Made in Virginia" stamped on them.
Comment by Tim Sheflin on February 2, 2010 at 3:50pm
Donna, that's what I understood it to mean, but, wouldn't any firearms you currently own automatically be considered Virginia firearms if they are within the state boundaries, and you reside there?
Comment by The Bulletproof Monk on February 2, 2010 at 3:00pm
Good news in the form of precedent-setting legalities in California.

http://www.varight.com/?p=3656&utm_source=feedburner&utm_me...
Comment by Donna Holt (dljholt) on February 2, 2010 at 12:07pm
Tim, HB69 has no effect on firearms you currently own. However, any future power grabs by Congress may very well have an effect on guns you currently own.

The NRA reports that Hilary Clinton mentioned the Obama administration's intention to negotiate a new small arms treaty with the UN and in late October of last year, the U.S. joined a nearly unanimous 153-1 U.N. vote to adopt a resolution setting out a timetable on the proposed Arms Trade Treaty, including a U.N. conference to produce a final accord in 2012.

The UN Treaty requires that the US government confiscate guns from aw-abiding Americans violating our second amendment rights.

Attorney General Eric Holder has been ordered by Obama to challenge new pro-gun state laws in Montana and Tennessee that declare federal gun control laws invalid even if the gun is manufactured in that state and never crosses state lines.

Their argument doesn't hold, however. In 2005, a legal case about this, Gonzales v. Raich, reached the U.S. Supreme Court, which upheld the power of Congress to enforce federal anti-marijuana laws despite state law approval of medical marijuana. The Court held that medical marijuana grown and consumed in California was indistinguishable from marijuana transported across the state line, and therefore affected interstate commerce, even in the absence of any legal market in marijuana.

Firearms made under the authority of the FFA must be stamped “Made in Virginia“, making them distinguishable from other firearms, unlike the
indistinguishable medical marijuana in Raich.
Comment by Tim Sheflin on February 2, 2010 at 11:58am
I have a concern on HB 69 - Firearm Freedom Act. Will this, and how, effect firearms we presently own?
For informational purposes, here's the Senate vote on the Health Care Freedom Act:
YEAS--Blevins, Colgan, Hanger, Houck, Hurt, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Obenshain, Puckett, Quayle, Reynolds, Ruff, Smith, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--23.

NAYS--Barker, Deeds, Edwards, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Y.B., Northam, Petersen, Puller, Saslaw, Ticer, Whipple--17.

RULE 36--0.

NOT VOTING--0.
Comment by Donna Holt (dljholt) on February 2, 2010 at 11:39am
Delegate Carrico's HB69, the Virginia Firearms Freedom Act, now has the bi-partisan support of 21 co-patrons in the House and 4 in the Senate. This bill has been assigned to the Militia, Police & Public Safety Subcommittee #1 and will likely be voted on Thursday, February 4 in the Fifth Flor House Conference Room at 5PM. Please contact members of that subcommittee and urge them to support HB69.

The Virginia Firearms Freedom Act is about much more than firearms. This bill will redefine the proper constitutional use of the commerce clause by the federal government.

Commerce clause power was not much used by Congress until the New Deal and the administration of President Franklin D. Roosevelt (FDR). During that administration, Roosevelt attempted to assert a lot of federal power that had not been previously asserted by the federal government. However, a number of such laws pressed through Congress were found by the U.S. Supreme Court to lack constitutional authority. For many of these pet endeavors, FDR claimed commerce clause authority and threatened to expand the number of justices on the Court in the case of Wickard v. Filburn in order to be able to pack the Court with sympathizers and thereby gain court approval of his threatened New Deal programs. Thus, the Supreme Court caved and upheld the government’s arguments against Wickard, thereby dramatically expanding
the power of Congress to “regulate commerce … among the states.”

Just because the Supreme Court wrongly interpreted the constitution, doesn’t make the U.S. Constitution any less the supreme law of the land. Now it is up to the states to fix it. The framers did not intend to give the federal government the power to control “intrastate commerce”.
Comment by Tom Whitmore on February 2, 2010 at 11:34am
Alright folks, the next sovereignty battle up in the GA is HB69 Virginia Firearms Freedom Act, if we can get it through the House it moves on to the Senate.
Comment by Tom Whitmore on February 2, 2010 at 10:40am
Thank you all for making your calls and doing those emails. All three Healthcare Freedom bills, SB 283, SB 311 and SB 417, breezed thru the VA Senate yesterday on identical 23-17 votes with 5 Democrat votes and all 18 Republican votes.

This sends a clear message to the US Congress and the President that we here in Virginia value the principles as set forth in the Constitution and its concept of limiting government and empowering the people.

Are you starting to feel the power yet?! Join......Work Hard......Stay Free!!
Comment by Donna Holt (dljholt) on December 11, 2009 at 3:27pm
Bob Marshall is already on it. Read my discussion. We have two 10th amendment bills, each being carried in the House and Senate.
Comment by Linda Wall on December 11, 2009 at 3:18pm
I am interested in making a quick grassroots tour of Virginia to educate the electorate on the urgency of this matter and to engage their support. Does any one have an RV or camper I can borrow? As well as a little seed money?
 

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