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California's Declaration of Sovereignty - What Next?

posted February 24, 2009 - 2:53pm
California's Declaration of Sovereignty - What Next?

California has been way ahead of most other states in reclaiming their sovereignty under the Tenth Amendment of the US Constitution.

Many legal experts claim that this is merely restating what already exists but the fact that the states have had to go to these lengths seems to show that there is more to this.

California demands that "the federal government cease and desist, effective immediately, mandates that are beyond the scope of constitutionally delegated powers." Now, a "cease and desist" order under any other circumstances would have the consequence that if the party did not stop their current practices then there would be consequences. What these consequences would be with respect to a state and the federal government have not as yet been tested in public.

However, the declaration makes it clear what California thinks is wrong with the current arrangement.

"WHEREAS, The scope of power defined by the 10th Amendment
means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, In the year 1994, the states are demonstrably
treated as agents of the federal government
; and
WHEREAS, Numerous resolutions have been forwarded to the
federal government by the California Legislature without any
response or result from Congress or the federal government; and
WHEREAS, Many federal mandates are directly in violation of
the 10th Amendment to the Constitution of the United States;"

The phrases above in bold are to emphasise the core problem that faces every state in the USA. I'm not sure if much has changed in the 15 years since California made this declaration. As other states make similar declarations, are they all equally toothless or will one of them secede from the union? Is the history of the United States of America coming back to haunt it?

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Comments

California Uber Alles

A punky blast from the past! OK, back to less frivolous matters. I read yesterday (and haven't bookmarked it) that some states have been refusing some of the bailout money when they get to know what it's for - largely federal projects that won't help the current problems. Haven't looked into it more although this too could be posturing. Join Xomba Here

We'll see how the state governments feel when...

they are in need of highway funds. That is how Congress has been able to coerce state legislatures into ceding sovereignty in the past, including making the legal drinking age 21. Also, the interstate commerce clause of the Constitution has been abused by the federal government into interfering in state's internal affairs. If the trend is toward greater sovereignty, I'm all for it. If this is some political posturing in light of the real problems the citizens of this country are facing, then they better hope it doesn't blow up in their faces.

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