Democratic forms of government are vulnerable to mass prejudice, the so-called tyranny of the majority.
This past week, the Alabama Senate passed Senate Joint Resolution 27 (SJR27), which was introduced by Alabama State Senator Beason along with nine co-sponsors (h/t Matthew Givens at Politics Alabama):
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTHHOUSES THEREOF CONCURRING, That the State of Alabama hereby claimssovereignty under the Tenth Amendment to the Constitution of the UnitedStates over all powers not otherwise enumerated and granted to thefederal government by the Constitution of the United States.
BE IT FURTHER RESOLVED, That this resolution serves as notice anddemand to the federal government, as our agent, to cease and desist,effective immediately, mandates that are beyond the scope of theseconstitutionally delegated powers.
BE IT FURTHER RESOLVED, That all compulsory federal legislation thatdirects states to comply under threat of civil or criminal penalties orsanctions or requires states to pass legislation or lose federalfunding be prohibited or repealed.
The resolution has already been transmitted to the House, where it awaits action from the House Rules Committee.
In 2009, 38 states introduced similar resolutions, and 7 statespassed them, garnering some significant national media attention forthese efforts.
Already in 2010, at least a dozen states, most recently Nebraska and Missouri,have introduced similar 10th Amendment resolutions. The “next step” –proposals to nullify various federal laws – has been gaining tractionin states around the country, too.
The Alabama Senate is the first legislative body in the country to approve a sovereignty resolution in 2010.
These non-binding resolutions, often called “state sovereigntyresolutions” do not carry the force of law. Instead, they are intendedto be a statement of the legislature of the state. They play animportant role, however.
For example, if you owned an apartment building and had a tenant notpaying rent, you wouldn’t show up with an empty truck to kick them outwithout first serving notice. That’s how many view these Resolutions –as serving “notice and demand” to the Federal Government to “cease anddesist any and all activities outside the scope of theirconstitutionally-delegated powers.” Follow-up, say supporters, is amust.
The Alabama resolution is part of a growing grassroots movementin state legislatures across the country as a protest to the intrusionof the federal government into state government affairs, and is anessential first step towards efforts to push back, or nullify,unconstitutional federal laws and regulations.
CLICK HERE to view the Tenth Amendment Center’s 10th amendment resolution tracking page
CLICK HEREto view the Tenth Amendment Center’s model 10th Amendment Resolution,which you can send to your representatives when urging them tointroduce one in your state.
Michael Boldin is the founder of the Tenth Amendment Center. Hewas raised in Milwaukee, WI, and currently resides in Los Angeles, CA.