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Proposed Amendment to 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

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