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March 26,
2009 Volume
5, Number 12 | ||
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In This
Issue
E-Mail
cynthia.davis@house.mo.gov Special
Committee on Children and Families
Chair
Chair Special Committee on State
Parks and Waterways Official Homepage for Official Government Homepage for your
Look up Missouri House Bills – View
Entire Text, Summary, and Last Action Look up Consumer Federal
Links Congressman Blaine
Luetkemeyer |
State
Sovereignty
Several weeks ago, I filed HR 212, which declared
our rights as a state to sovereignty over some issues foisted upon us by
the national government. While most of us would like to give the
feds a civics lesson, my approach to these usurpations is to introduce a
House Concurrent Resolution that draws the line between what is ours and
what is theirs. Many of my readers asked me what happened to HR
212. As this resolution traveled through the legislative process, it
lost some of its state sovereignty language and focused exclusively upon
the federal usurpation of our abortion laws. That was not bad, but I
knew that I needed to do more to continue the broader task of clarifying
for the national government what is becoming intolerable at the state
level. Therefore, I filed this resolution, HCR
43: ________________ FIRST REGULAR SESSION House Concurrent Resolution No.
43 95TH GENERAL
ASSEMBLY INTRODUCED BY REPRESENTATIVE DAVIS.
Whereas, some
states when ratifying the Constitution of the United States of America
recommended as a change, "that it be explicitly declared that all powers
not expressly and particularly delegated by the aforesaid are reserved to
the several states to be by them exercised"; and Whereas, these
recommended changes were incorporated as the Ninth Amendment, where, "The
enumeration of certain rights shall not be construed to deny or disparage
others retained by the people"; and Whereas, the
Tenth Amendment sets firm limits on federal power to that which is defined
by the states and the citizens when it says, "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 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 which allow
us to craft our own laws specifically tailored to reflect the values,
public morals and fiscal benevolence of our own citizens;
and Whereas, the
Constitution of Missouri expresses the powers of the people in Article I,
Section 3, by declaring, "That the people of this state have the inherent,
sole and exclusive right to regulate the internal government and police
thereof, and to alter and abolish their constitution and form of
government whenever they may deem it necessary to their safety and
happiness, provided such change be not repugnant to the Constitution of
the United States."; and Whereas, the
Constitution of Missouri expresses the independence of our state in
Article I, Section 4, by declaring, "That Missouri is a free and
independent state, su Whereas, the
founders of this nation rejected the principles of socialism, communism,
and other forms of tyrannical governments that allow for redistribution of
the wealth, preferring instead to set up a constitutional republican form
of government, based upon Judeo-Christian beliefs that encourage limited
government, personal responsibility and respect for human life;
and Whereas, among
these rights, the State of Missouri affirms and declares in our state
statutes, Section 1.205, RSMo, that: (1)
The life of each human being begins at conception;
(2)
Unborn children have protectable interests in life, health, and
well-being; (3)
The natural parents of unborn children have protectable interests in the
life, health, and well-being of their unborn child;
and Whereas,
today, in 2009, the states are treated as little more than administrative
agents of bailouts, government schools, healthcare, and welfare programs,
none of which are constitutionally authorized functions of the federal
government; and Whereas, the
national government is diminishing our future prosperity by escalating the
national debt at an unprecedented rate by squandering trillions of
taxpayer dollars and demonstrating wanton disregard for protecting us and
our posterity from insurmountable financial burdens, which in large part
originates from spending beyond the legitimate authority derived from the
United States Constitution; and Whereas, the
economic principles that allowed our country to flourish and prosper were
based upon our trust in God, economic freedom, hard work, high moral
standards, and private charity, all of which are suppressed in the
socialist model; and Whereas,
federal judges are charged with the duty of adjudicating according to the
dictates of the United States Constitution in a fair, just, and impartial
manner and are not charged with crafting political preferences or
interjecting their personal philosophies through their court decisions;
and Whereas, some
of the most egregious usurpations of legislative power have come from
appointed federal judges who craft rulings that strip our citizens of
their constitutional right to religious speech, such as ruling to remove
all references to God Almighty and suppressing our right to display the
Ten Now, therefore, be
it resolved that we, the members of the Missouri House
of Representatives, Ninety-fifth General Assembly, the Senate concurring
therein, hereby declare that the people of this state have the sole and
exclusive right of governing themselves as a free, sovereign, and
independent state, and shall exercise and enjoy every power, jurisdiction,
and right pertaining thereto, over all powers not otherwise enumerated and
granted to the federal government by the Constitution of the United
States; and Be it further
resolved that this resolution shall serve as Notice and
Demand that federal judicial appointments be based upon the appointee’s
ability to uphold a strict interpretation of the language written in the
United States Constitution, not personal philosophy, political patronage,
or level of ignorance of the jurisdiction between the legislative and
judicial branches of our government; and Be it further
resolved that the State of Missouri affirms and declares
that it is a natural and fundamental right of parents to direct the care,
education, and upbringing of their children of which such right cannot be
removed by the federal government, not any international treaty of any
sort; and that the State of Missouri will be under no obligation to comply
with any international treaties that undermine our inalienable rights to
direct our families and our children in a manner consistent with our
religious beliefs, dictates of our conscience, and heritage; and
Be it further
resolved that this resolution shall serve as Notice and
Demand to the federal government that we will not tolerate our tax dollars
being spent on abortion drugs or procedures that destroy unborn human life
either here or in any foreign country; and Be it further
resolved that this resolution serve as Notice and Decree
to the federal government, to cease and desist, effective immediately,
mandates that are beyond the scope of its constitutionally delegated
powers, especially those based upon unproven science such as a global
warming alarmism as well as mandates that show no regard for our state
laws as they pertain to agricultural practices, manufacturing practices,
motor vehicle operation and energy generation options; and Be it further
resolved that all compulsory federal legislation which
directs states to comply under threat of penalties, sanctions, or
financial manipulations or which requires states to pass legislation or
lose federal funding be prohibited or repealed, especially those which
pertain to education, health care, housing, and our highways when such
federal funds are collected in any part from the tax-paying citizens or
businesses of the sovereign State of Missouri; and Be it further
resolved that based on the above principles and
provisions, the Missouri General Assembly hereby declares by this
resolution that any act by the Congress of the United States, Executive
Order of the President of the United States, or Judicial Order by the
federal courts which assumes a power not delegated to the government of
the United States by the Constitution and which serves to diminish the
liberty of any of the several states or their citizens shall abridge the
Constitution. The Missouri General Assembly further declares that any acts
which would cause such an abridgment include, but are not limited
to: (1)
Establishing martial law or a state of emergency within any state
comprising the (2)
Requiring involuntary servitude, or governmental service of persons under
the age of eighteen other than pursuant to, or as an alternative to,
incarceration after due process of law or other than a draft during a
declared war; (3)
Surrendering any power delegated or not delegated to any corporation or
foreign government; (4)
Any act regarding religion, further limitations on freedom of political
speech, or further limitations on freedom of the press;
(5)
Further infringements on the right to keep and bear arms, including the
prohibitions of type or quantity of arms or ammunition; and
Be it further
resolved that the Chief Clerk of the Missouri House of
Representatives be instructed to prepare a properly inscribed copy of this
resolution for Governor Jay Nixon; Barack Obama, President of the
___________________ Your
thoughts are important to me, so please let me know what you think about
this resolution and state sovereignty. You can send me your opinion
by clicking here:
Cynthia Davis Auto Workers
Helping Our
Cynthia
in the News Last Friday, radio talk show host Rick Green
interviewed me for the Wallbuilders Live series of programs. We
discussed state sovereignty and parental rights. Wallbuilders is dedicated
to presenting Good News Friday with State
Representative Cynthia Davis (MO)!
A Little
Bit of Humor
According to the
Knight-Ridder News Service, the inscription on the metal bands used by the
U.S. Department of the Interior to tag migratory birds has been changed.
The bands used to
bear the address of the Washington Biological Survey, abbreviated: "Wash.
Biol. Surv." until the agency received the following letter from a camper:
"Dear Sirs:
The bands are now
clearly marked: "Fish and Wildlife Service."
This Capitol Report is a weekly
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