SR 1 - The Georgia Sovereignty Resolution of 1995
Georgia Senate - 1995/1996 Sessions
SR 1 - The Georgia Sovereignty Resolution of 1995
Page Numbers - 1/ 2/ 3/ 4
1. Glanton 34th 2. Gochenour 27th 3. Starr 44th
Senate Comm: SLGO-G / House Comm: Judy /
Senate Vote: Yeas 49 Nays 1
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Senate Action House
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1/12/95 Read 1st time 2/3/95
1/31/95 Favorably Reported
2/1/95 Read 2nd Time 2/6/95
2/3/95 Read 3rd Time
2/3/95 Passed/Adopted
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Code Sections amended:
SR 1 95 LC 22 1329ER
SENATE RESOLUTION 1
By: Senators Glanton of the 34th, Gochenour of the 27th,
Starr of the 44th and others
A RESOLUTION
1- 1 The Georgia Sovereignty Resolution of 1995
1- 2 Claiming sovereignty under the Tenth Amendment to the
1- 3 Constitution of the United States over all powers not
1- 4 otherwise enumerated and granted to the federal government
1- 5 by the United States Constitution; and for other purposes.
1- 6 WHEREAS, the Tenth Amendment to the Constitution of the
1- 7 United States reads as follows:
1- 8 "The powers not delegated to the United States by the
1- 9 Constitution, nor prohibited by it to the States, are
1-10 reserved to the States respectively, or to the people";
1-11 and
1-12 WHEREAS, the Tenth Amendment defines the scope of federal
1-13 power as being that specifically granted by the United
1-14 States Constitution and no more; and
1-15 WHEREAS, the scope of power defined by the Tenth Amendment
1-16 means that the federal government was created by the states
1-17 specifically to be an agent of the states; and
1-18 WHEREAS, in the year 1994, the states are demonstrably
1-19 treated as agents of the federal government; and
1-20 WHEREAS, numerous resolutions have been forwarded to the
1-21 federal government by the Georgia legislature without any
1-22 result from Congress or the federal government; and
1-23 WHEREAS, many federal mandates are directly in violation of
1-24 the Tenth Amendment to the Constitution of the United
1-25 States; and
1-26 WHEREAS, the boundaries of the State of Georgia are set out
1-27 in the Official Code of Georgia Annotated as follows:
1-28 "50-2-1. (Index)
1-29 The boundaries of Georgia, as deduced from the
1-30 Constitution of Georgia, the Convention of Beaufort, the
1-31 Articles of Cession and Agreement with the United States
1-32 of America entered into on April 24, 1802, the Resolution
1-33 of the General Assembly dated December 8, 1826, and the
S. R. 1
-1- (Index)
LC 22 1329ER
2- 1 adjudications and compromises affecting Alabama and
2- 2 Florida, are as follows:
2- 3 From the sea, or the mouth of the River Savannah, along
2- 4 the stream thereof to the fork or confluence made by the
2- 5 Rivers Keowee and Tugalo, and thence along said River
2- 6 Tugalo until the fork or confluence made by said Tugalo
2- 7 and the River Chattooga, and up and along the same to
2- 8 the point where it touches the northern boundary line of
2- 9 South Carolina, and the southern boundary line of North
2-10 Carolina, which is at a point on the thirty-fifth
2-11 parallel of north latitude, reserving all the islands in
2-12 said Rivers Savannah, Tugalo, and Chattooga, to Georgia;
2-13 thence on said line west, to a point where it merges
2-14 into and becomes the northern boundary line of Alabama
2-15 -- it being the point fixed by the survey of the State
2-16 of Georgia, and known as Nickajack; thence in a direct
2-17 line to the great bend of the Chattahoochee River,
2-18 called Miller's Bend -- it being the line run and marked
2-19 by said survey; and thence along and down the western
2-20 bank of said Chattahoochee River, along the line or
2-21 limit of high-water mark, to its junction with Flint
2-22 River; thence along a certain line of survey made by
2-23 Gustavus J. Orr, a surveyor on the part of Georgia, and
2-24 W. Whitner, a surveyor on the part of Florida, beginning
2-25 at a fore-and-aft tree about four chains below the
2-26 present junction; thence along this line east, to a
2-27 point designated 37 links north of Ellicott's Mound on
2-28 the St. Marys River; thence along the middle of said
2-29 river to the Atlantic Ocean, and extending therein three
2-30 geographical miles from ordinary low water along those
2-31 portions of the coast and coastal islands in direct
2-32 contact with the open sea or three geographical miles
2-33 from the line marking the seaward limit of inland
2-34 waters; thence running in a northerly direction and
2-35 following the direction of the Atlantic Coast to a point
2-36 opposite the mouth, or inlet, of said Savannah River;
2-37 and from thence to the mouth or inlet of said Savannah
2-38 River, to the place of beginning; including all the
2-39 lands, waters, islands, and jurisdictional rights within
2-40 said limits; and also all the islands within 20 marine
2-41 leagues of the seacoast.
2-42 50-2-2. (Index)
2-43 The boundary between Georgia and South Carolina shall be
2-44 the line described as running from the mouth of the River
S. R. 1
-2- (Index)
LC 22 1329ER
3- 1 Savannah, up said river and the Rivers Tugalo and
3- 2 Chattooga, to the point where the last-named river
3- 3 intersects with the thirty-fifth parallel of north
3- 4 latitude, conforming as much as possible to the line
3- 5 agreed on by the commissioners of said states at Beaufort
3- 6 on April 28, 1787.
3- 7 50-2-3. (Index)
3- 8 The boundary between Georgia and North Carolina and
3- 9 Georgia and Tennessee shall be the line described as the
3-10 thirty-fifth parallel of north latitude, from the point of
3-11 its intersection by the River Chattooga, west to the place
3-12 called Nickajack.
3-13 50-2-4. (Index)
3-14 The boundary line between Georgia and Alabama shall be the
3-15 line described from Nickajack to Miller's Bend on the
3-16 Chattahoochee River, and down said river to its junction
3-17 with the Flint River.
3-18 50-2-5. (Index)
3-19 The boundary line between Georgia and Florida shall be the
3-20 line described from the junction of the Flint and
3-21 Chattahoochee Rivers to the point 37 links north of
3-22 Ellicott's Mound, on the St. Marys River; thence down said
3-23 river to the Atlantic Ocean; thence along the middle of
3-24 the presently existing St. Marys entrance navigational
3-25 channel to the point of intersection with a hypothetical
3-26 line connecting the seawardmost points of the jetties now
3-27 protecting such channel; thence along said line to a
3-28 control point of latitude 30< 42' 45.6" north, longitude
3-29 81< 24' 15.9" west; thence due east to the seaward limit
3-30 of Georgia as now or hereafter fixed by the Congress of
3-31 the United States; such boundary to be extended on the
3-32 same true 90< bearing so far as a need for further
3-33 delimitation may arise."
3-34 WHEREAS, the United States Supreme Court has ruled in New
3-35 York v. United States, 112 S. Ct. 2408 (1992), that Congress
3-36 may not simply commandeer the legislative and regulatory
3-37 processes of the states; and
3-38 WHEREAS, a number of proposals from previous administrations
3-39 and some now pending from the present administration and
3-40 from Congress may further violate the United States
3-41 Constitution.
S. R. 1
-3- (Index)
LC 22 1329ER
4- 1 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
4- 2 GEORGIA that the State of Georgia hereby claims sovereignty
4- 3 under the Tenth Amendment to the Constitution of the United
4- 4 States over all powers not otherwise enumerated and granted
4- 5 to the federal government by the United States Constitution
4- 6 and that this measure shall serve as notice and demand to
4- 7 the federal government, as our agent, to cease and desist,
4- 8 effective immediately, mandates that are beyond the scope of
4- 9 its constitutionally delegated powers.
4-10 BE IT FURTHER RESOLVED that all compulsory federal
4-11 legislation which directs states to comply under threat of
4-12 civil or criminal penalties or sanctions or requires states
4-13 to pass legislation or lose federal funding be prohibited.
4-14 BE IT FURTHER RESOLVED that the Secretary of the Senate is
4-15 authorized and directed to transmit copies of this
4-16 resolution to the President and Vice President of the United
4-17 States, the Speaker of the United States House of
4-18 Representatives, the President Pro Tempore of the United
4-19 States Senate, each Senator and Representative from Georgia
4-20 in the Congress of the United States, and to the Speaker of
4-21 the House and the President of the Senate of each state
4-22 legislature in the United States of America.
S. R. 1
-4- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97