The Alabama Senate passed Senate Joint Resolution 27 which was introduced by Alabama State Senator Beason along with nine co-sponsors. This Resolution is nothing more than an attempt at legalized racism by right wing extremists.
This resolution suggests repeal of the Civil Rights Act and other Federal Laws in Alabama. Quote: "BE IT FURTHER RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed."
The U.S. Government is not an agent of the seperate states, as stated in the resolution: "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." If this were true, the Supreme Court would have no power over the laws of the several states in declaring a state, or local law unconstitutional and void. It appears the legislators who support this resolution should brush up on the relationships of the State and Federal Government.
We are not living in the mid 19th century or the Jim Crow era of Alabama which some seem to think. We have made many advancements in race relations and technology. Unfortunately there are those who have not advanced and seem to relish the ideologies of Jim Crow opression and eliminate advancements and sacrifices of many brave Americans.
This worthless resolution, SJR 27, is the result of right wing extremist expressing their bigoted ideology due to a Black President being elected to office. Where was this outrage when white Presidents and Legislative Authority were accomplishing the same so called repulsive acts?
Links: http://www.waff.com/Global/story.asp?S=11853830 http://www.montgomeryadvertiser.com/article/20100120/NEWS01/1200345/Hundreds-gather-at-TEA-rally http://blog.tenthamendmentcenter.com/2010/01/alabama-senate-to-feds-back-off/ http://www.al.com/newsflash/index.ssf?/base/national-97/1263993313166810.xml&storylist=alabamanews&thispage=1
Full Resolution below.
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, Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America's most valuable contributions to political science; and
WHEREAS, James Madison, "the Father of the Constitution," said, "The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people."; and
WHEREAS, Thomas Jefferson emphasized that the states are not "subordinate" to the national government, but rather the two are "coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government."; and
WHEREAS, Alexander Hamilton expressed his hope that "the people will always take care to preserve the constitutional equilibrium between the general and the state governments." He believed that "this balance between the national and state governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from over passing their constitutional limits by [the] certain rival ship which will ever subsist between them."; 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, today, in 2009 (2010?), the states 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 in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4, United States Constitution, says in part, "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 has ruled in New York v. United States, 112 S. Ct. 2408 (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 some now pending from the present administration and from Congress may further violate the Constitution of the United States; now therefore,
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That the State of Alabama 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.
BE IT FURTHER RESOLVED, That this resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.
BE IT FURTHER RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed.
BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each state's legislature, and the entire delegation of the Alabama members of the U.S. Congress.
Fortunately this legislation carries no weight of law but expresses a right wing extremist ideology, expressing a covert form of racism. Previous laws of this nature were passed prior to secession which brought on the Civil War and attempted during the Civil Rights movement. Now our nation has a Black President, up jumps a Sovereignty/Secession movement. I'm wondering how the Council of Conservative Citizens fits into the picture and the amount of influence in Alabama's Legislature? http://cofcc.org/ http://alcofcc.wordpress.com/
As a retired military service member I take great offense concerning this law and its implications toward secession and racism. It is remarkable, of all the problems in our state and nation our allegedly esteemed legislators pass this resolution instead of reforming the State's Constitution and ending the last vestiges of Jim Crow contained in Alabama's Constitution.
You Tube Video: http://www.youtube.com/watch?v=Gm3xCXYg69o
I strongly urge all citizens to contact Governor Riley's Office concerning this resolution and urge him not to sign SJR 27.
2 comments:
How can a Sovereignty Resolution is attemps to Repeal of Civil Act....
Thanks for the post...
The words speak for themselves, read carefully. Quote: "BE IT FURTHER RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed."
The key words are "repealed, prohibited, Federal Legislation."
You must remember the State of Alabama did not end Jim Crow Laws and racial discrimination, it was Federal intervention through the Civil Rights Act and the rulings of the Supreme Court which found Alabama's Jim Crow laws to be oppressive, tyrannical and illegal.
Jim Crow still exists in Alabama's 1901 Bourbon Democrat, racist, Constitution. It is evident in the lack of allowing "home rule" of counties and evident in the miscegenation clause of our state's Constitution, prohibition of interracial marriage.
Now comes our State's Legislative Body and suggests that Federal Acts such as the Civil Rights Act be repealed!?
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