State of Georgia Asserting its Rights and Reserving its Right to Succeed from the Union.
http://www.legis.ga.gov/legis/2009_10/search/sr632.htm
Senate Resolution 632
By: Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Wiles of
the 37th, Mullis of the 53rd and others
ADOPTED SENATE
A RESOLUTION
Affirming states' rights based on Jeffersonian principles; and for other
purposes.
WHEREAS, the Ninth Amendment of the United States Constitution states "[t]he enumeration
in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people" and the Tenth Amendment states "[t]he
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."
disparage others retained by the people" and the Tenth Amendment states "[t]he
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."
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body reaffirms the principles
of government expressed by Thomas Jefferson in a resolution written for the
Kentucky legislature in 1798 stating 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.
Kentucky legislature in 1798 stating 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.
BE IT FURTHER RESOLVED 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 the 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.
Judicatories of the United States of America which assumes a power not delegated
to the government of the 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.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed
to transmit an appropriate copy of this resolution to the President of the
United States, each member of the United States Congress.
United States, each member of the United States Congress.
Comment
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