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CowboyReporter
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Name: Josiah
Gender: Male
Interests: Jessica, History, Politics, Constitutional Law, Theology, Shooting Straight (with both firearms and language), & Creating Good Puns
Expertise: Making Waves :-)
Industry: Legal/Political
Message: message me
Member Since:
1/24/2005
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| This made my day - if not entire month. I had been convinced that State legislators with this much backbone did not exist anymore. "Live free or die!"
HCR 6 – AS INTRODUCED
2009 SESSION
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
A RESOLUTION affirming States’ rights based on Jeffersonian principles.
Whereas the Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled; and
Whereas the Constitution of the State of New Hampshire, Part 2, Article 1 declares that the people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or State, by the name of The State of New Hampshire; and
Whereas the State of New Hampshire when ratifying the Constitution for the United States of America recommended as a change, “First That it be Explicitly declared that all Powers not expressly & particularly Delegated by the aforesaid are reserved to the several States to be, by them Exercised;” and
Whereas the other States that included recommendations, to wit Massachusetts, New York, North Carolina, Rhode Island and Virginia, included an identical or similar recommended change; and
Whereas these recommended changes were incorporated as the ninth amendment, the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people, and 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, to the Constitution for the United States of America; now, therefore, be it
Resolved by the House of Representatives, the Senate concurring:
That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, -- delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress; and
That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “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,” therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory; and
That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that “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 that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press:” thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; and
That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction; and
That a committee of conference and correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this State is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this State, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism -- free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this State does therefore call on its co-States for an expression of their sentiments on acts not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this State in considering acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal, (casus foederis,) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories; and
That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court; and
That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:
I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.
II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.
III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.
IV. Surrendering any power delegated or not delegated to any corporation or foreign government.
V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.
VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and
That should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government; and
That copies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature. | | |
| It has been curious to watch how conservative Christians have been handling the election of President Barack Obama. Most seem to wince at the very mention of man’s name, and the look of displeasure is usually followed by a desperate “if only he were/was/did/believed…such and such.” What typically follows this wishful thought pattern, however, is the most interesting part: the vast majority of conservative Christians will say something like “well, we might disagree with him, but he’s the President now, and we have to respect the office.” This is patently absurd. Because of our glorious history (for the most part) of covenant-keeping men and women who built these United States as a bastion of liberty and refuge from state tyranny, there remains a certain aura of wonder and majesty about the American Presidency. After all, as the Presidential Oath of Office makes clear, the President is to “preserve, protect, and defend the Constitution of the United States.” But what happens when you have a man who has spent his entire adult life staging both full frontal assault on, and covert conspiratorial undermining of, that very document which limits the scope of our federal government, and is therefore supposed to ensure that the vast majority of our daily business can be conducted without federal interference? “Here, sir, the people rule.” I am an American citizen. As such, my highest allegiance is to the Constitution of the United States, and I respect no one who seeks to change or modify it in any way which increases the power of the national government – including Barack Obama, Bill Clinton, and as I have pointed out many times to friends over the past 8 years, George W. Bush. Respect is often confused with decency. As a Christian, I have a duty to treat all human beings with decency, and even sacrificial love. Observing a gun pointed at President Obama, (assuming it is held by a rogue criminal, not a legitimate minister of justice), Christ compels me to step in the way of the bullet, just as I must for anyone else in a similar situation. But nowhere in the Bible am I commanded to respect wicked leaders and their evil tyranny, regardless of what office they occupy. But, mustn’t we render to Caesar what is Caesar’s? Those who cite this verse as evidence that we must respect ungodly rulers are taking the passage out of context. Jesus is combining a magnificent contrast with a bit of practical advice in the verse. Render to Caesar what is Caesar’s, but unto God what is God’s: pay Caesar’s tax when resisting it would waste your time and distract you from your other responsibilities – but remember, REMEMBER that God is the ultimate Sovereign over all things Who will one day call Caesar to account for his abuse. Furthermore, a careful reading of Romans 13, the quintessential Scripture on civil government, will reveal that civil rulers are legitimate only when carrying out their divine mandate to be “ministers of good.” A Christian must be subject to authority, but he must know whence that authority is derived, and what its divinely set limitations are. Rulers who become ministers of evil must not only be denied respect (though still treated with decency as human beings created in the image of God), they must indeed be resisted at those points where they violate the law of God – “Like a muddied spring or a polluted fountain is a righteous man who gives way before the wicked” (Proverbs 25:26). This is a stringent criterion for genuine respect of the civil government. It would seem to be worth bearing some serious thought now that the American people have chosen a President whose party affiliation, unlike his predecessor, puts the respect issue on the table for conservative Christians in a much larger and more widespread way. | | |
| It’s probably rather sad that a political post is what it takes to bring my blog out of hibernation, but such is the chapter of life I find myself in. I spend more time than ever staying on top of the news via the internet, in addition to staring at a computer screen 8 hours-a-day for my job. When it’s over I feel like reading a book, not blogging.
However, on this thing called the 2008 election…I, like many others, am saddened by the collective choice of our nation as to who will govern us. There are storm clouds on the horizon, and as Jessica and I prepare to welcome a child into the world in January, it is with a deep heaviness that I realize the chances of this infant growing up to claim his or her American birthright in any traditional sense of the word seem to be very slim.
That said, I’m not downcast for the same reasons many around me are. Republicans deserved to lose this election more than any party ticket, in any race, in any year, in any country with an elected government in all of history. Not quite 2 years ago, when the presidential primary season was starting to warm up, there were no less than 10 candidates vying for the Republican Party nomination.
Ten.
Somehow, after a series of debates – make that sound-byte-dog-and-pony-shows – and a few early primary elections, we were left with number 9 out of those 10 in terms of who displayed the strongest commitment to our Constitution, the most consistent track record in pursuing sound public policy, and the highest level of courage in standing up to the nanny state policies of the Bush administration – not because President Bush was unpopular and would cost them votes, but because such policies were wrong!
But wait, you say – sure, John McCain was not anyone’s first choice, but we had to do whatever it took to stop Obama. (After all, everyone knows Obama is the anti-Christ incarnate in human flesh, and we’re just not ready to be raptured yet). Would that include selling your soul to the devil so that you could vote for a candidate “who had a chance of winning” when that individual had spent his entire career sabotaging everything you claim to believe in? I’m not going to go into McCain’s record on all of the major issues here; anyone who believed that Mr. “Country First” was pro-life, pro-family, pro-Constitution, pro-gun, anti-deficit, and anti-tax was too busy straining to catch the next applause line to feel that subtle whisk and thud of their seat at the table getting thrown under the “Straight-Talk Express.”
I simply chose not to participate in the shell game perpetrated by Republicans and Democrats in their attempt to make me believe that my only choice in this election was between socialism and fascism. My vote is mine to cast, and it is not for sale. The 3rd party isn’t the point. But it’s my only option if I wish to ever entertain the thought of one of the major parties actually running qualified candidates for the Presidency and other offices.
Unless Americans don’t want to accept the responsibility for the kind of self-government our Constitution specifies. We all may have to put that kind of thing into practice with no choice as it already stands, should things begin to unravel under Obama’s administration.
BTW, did anyone else think Michelle Obama’s dress on election night made her look like a black-widow spider?
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| "Sound-byte" update:
October '07 - Interned for a month at the Student Statesmanship Institute. Visit the website for a description of what they do; I will describe it in further detail later.
November '07 - Was offered job at SSI. Accepted offer.
December '07 - Proposed to Jessica Thomas. She said yes. See below for pictures.
January '08 - Moved to Lansing, MI to begin new job. Have new apartment, the acquiring and possession of which needs a post of its own dedicated to it. Email me, or if you are a friend on Facebook you can look there, for the new address.
April '08 - Blocki/Thomas wedding. More details forthcoming.
Yes, I will post again between now and then...
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| It's been said that next to salvation through faith in Christ, the most important life decisions center on choosing a mate.With this in mind, I'm incredibly grateful for the best Christmas present I could ever receive:
Merry Christmas to all of my friends this Yuletide season! | | |
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