FOR IMMEDIATE RELEASE: FOR FURTHER INFORMATION:
28 April, 2009 Kathryn Ballou, (404) 558-4905
John Oxendine: Georgia’s Conservative 10th Amendment Champion
Like Texas Governor Rick Perry, I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference into the affairs of the states. I join Governor Perry in his call and offer my unwavering support for efforts all across our country to reaffirm the states’ rights affirmed by the Tenth Amendment to the U.S. Constitution. Like Governor Perry, I believe we need to follow the letter and original intent of the U.S. Constitution, specifically the essential 10th Amendment.
I support Texas Resolution 50 which states that 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. This means that the federal government was created by the states specifically to be an agent of the states. Over the course of time, the states have been treated as agents of the federal government; many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States.
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 “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.”
Section 4, Article IV, of the Constitution says, “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. 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. 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.
If Governor, I would support legislation which puts Georgia on record as affirming our 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 and which would serve as notice and demand the federal government, as our agent, cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.
Additionally, I would support legislation which states all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed.