09 LC 28
4611
House
Resolution 470
By:
Representatives Franklin of the
43rd,
Loudermilk of the
14th,
Reese of the
98th,
Setzler of the
35th,
Hatfield of the
177th,
and others
A
RESOLUTION
Affirming
states' sovereignty based on constitutional principles; and for other
purposes.
WHEREAS,
the Constitution of Georgia recognizes in Article I, Section II, Paragraph I,
that "[a]ll government, of right, originates with the people, is founded upon
their will only, and is instituted solely for the good of the whole";
and
WHEREAS,
the Constitution of Georgia further recognizes in Article I, Section II,
Paragraph II, that "[t]he people of this state have the inherent right of
regulating their internal government" and that "[g]overnment is instituted for
the protection, security, and benefit of the people; and at all times they have
the right to alter or reform the same whenever the public good may require it";
and
WHEREAS,
as a part of the Bill of Rights, the Ninth Amendment to the Constitution of the
United States provides that 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 provides 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
WHEREAS,
the several states of the United States of America did not provide for unlimited
submission to a central government, but constituted a general government under
the Constitution of the United States with definite powers and for certain
purposes, reserving for themselves the power of self-government and
self-regulation and all other rights and powers not specifically given to the
central government; and
WHEREAS,
when the central government assumes powers that were not specifically delegated
to the central government by the states and the people, its acts are not
authoritative and are void and of no force or effect; and
WHEREAS,
the central government is not the exclusive or final judge or arbiter of whether
it possesses such powers or the extent of such powers since the measure of such
powers is the Constitution, which is in essence a contract among the several
states, each of which has an equal right to judge for itself violations and
infractions thereof; and
WHEREAS,
the Constitution of the United States, having delegated to Congress the power to
punish treason, counterfeiting the securities and current coin of the United
States, piracies and felonies committed on the high seas, and offenses against
the law of nations and no other crimes whatsoever; and
WHEREAS,
all acts of Congress which assume to create, define, or punish crimes other than
those so enumerated in the Constitution are not law but are altogether void and
of no force or effect; and
WHEREAS,
the power to create, define, and punish such other crimes is reserved and, of
right, appertains solely and exclusively to the individual states, each within
its own territory; and
WHEREAS,
the First Amendment, which provides 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; or the right of the people
peaceably to assemble, and petition the Government for a redress of grievances,"
delegates to the central government no power over such matters as religion,
speech, and the press; and
WHEREAS,
because the Constitution therefore does not delegate to the central government
any powers over the freedoms of religion, speech, and the press, such powers are
reserved to the states or to the people, and the states may determine for
themselves the extent to which such freedoms may be exercised without being
abused and to which restrictions on such freedoms may be tolerated without
destroying such freedoms; and
WHEREAS,
all acts of the Congress of the United States which abridge the freedom of
religion, freedom of speech, and freedom of the press are not law but are
altogether void and of no force or effect; and
WHEREAS,
by this resolution, the State of Georgia conveys its support for the positions
already taken by the State of New Hampshire in reaffirming the principles under
which the Constitution of the United States was adopted, recognizing the limits
on the powers of central government, and standing against any notion that the
states have delegated any powers to the central government other than those
specifically delegated in the Constitution; and
WHEREAS,
any act of Congress, executive order of the President of the United States, or
judicial opinion of any federal court which assumes a power not delegated to the
government of the United States and which serves to diminish the liberty of any
of the several states or their citizens shall constitute a nullification of the
Constitution by the government of the United States. Such acts include, but are
not limited to:
(1)
Establishing martial law or a state of emergency within one of the states
without the consent of the legislature of that state;
(2)
Requiring involuntary servitude or governmental service other than pursuant to,
or as an alternative to, incarceration after due process of law;
(3)
Surrendering any power, delegated or not delegated, to a corporation or foreign
government;
(4)
Any act regarding religion, further limitations on freedom of political speech,
or further limitations on freedom of the press; and
(5)
Further infringements on the right to keep and bear arms, including prohibitions
of type or quantity of arms or ammunition.
NOW,
THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, should any
act of Congress be passed or any executive order of the President or judicial
opinion of any federal court that is contrary to the delegated powers expressly
granted to the central government in the Constitution of the United States be
put into force, all powers previously delegated to the United States by the
Constitution shall revert to the several states individually, and any future
government of the United States shall require ratification by three-quarters of
the states seeking to form a government of the United States and shall not be
binding upon any state not seeking to form such a government.
BE
IT FURTHER RESOLVED that the members of this body affirm the sovereignty of the
states under the principles upon which the Constitution of the United States is
based and stand with the several states in seeking to ensure that the federal
government only exercises those powers and acts in those areas in which it is
specifically delegated powers by the Constitution, with the residual mass of
powers being within the province of the several states to exercise and act as
each state deems appropriate.
BE
IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized
and directed to transmit an appropriate copy of this resolution to the President
of the United States, the President of the United States Senate, the Speaker of
the United States House of Representatives, the Secretary of State of the United
States, the presiding officer of each house of the legislature in each state,
and each member of the Georgia congressional delegation.