Category Archives: 2009 Articles

January

Transparent Government Lies
by Peter Andrew—conservativeamerican.org

Sweetness & Light reports along with the failure to make government transparent six other promises were broken—First, he said it would be “impossible” for Congressmen to slip in pork projects…said meetings where laws are written will be more open to the public…said there would be no more secrecy (Republicans didn’t even get to see the bill!) UPDATE—Feb. 25—the puppet’s staff requires secrecy oaths on defense budget team…promised public would have five days to look at the bill. UPDATE—Apr. 22—Major Garrett at Fox News reports a top the puppet’s adviser “conceded the puppet had not lived up to his promise to post legislation for five days on the Internet before signing it…the adviser said the White House will try to improve, but conceded it’s broken that promise. On the campaign trail, the puppet made this pledge—“When there is a bill that ends up on my desk as a President, you the public will have five days to look online and find out what’s in it before I sign it, so that you know what your Government’s doing.” The stimulus bill, a pay equity bill, a bill expanding children’s health insurance, the omnibus spending bill funding the remainder of the 2009 budget and a public lands bill were all signed before the final version was posted for public review for five days. He assured us, “You’ll know what’s in it,”…and “we will put every pork-barrel project online.”

Corporate Jet Hypocrisy
by Peter Andrew—conservativeamerican.org

Socialist puppet spends the week spewing the evils of corporate jets used by overpaid execs, only to arrange a special jet ride for one U.S. Senator to vote on his Porkulus bill! The puppet’s administration learned Ohio Democrat Senator Sherrod Brown could not make it back to D.C. to vote because there were no seats available on commercial airlines. While execs can’t use those evil corporate Cessna Jets because they are on the public dollar, seems it’s okay for the puppet the Hypocrite to arrange special plane rides for his pals also on the public dollar. This President is a joke. UPDATE—Feb 9—Fox NewsThe puppet’s head of the National Economic Council, Larry Summers, flew on Citigroup’s corporate jet from the Democratic National Convention in Denver back to New York last year. UPDATE—Feb. 24—Repeats his promise to kill the evil corporate jet. UPDATE—Mar. 10—Judicial WatchNancy Pelosi is abusing her private military jet and using the Air Force as a private airline. Fox News reported more Democrat hypocrisy saying Pelosi aide Kay King emailed the Air Force to complain about the types of planes they were allowing her to use—“It is my understanding there are no G5s available for the House during the Memorial Day recess. This is totally unacceptable…The Speaker will want to know where the planes are.”

Appointment Scandal—Judd Gregg
by Peter Andrew—conservativeamerican.org

The puppet’s second choice for Commerce Secretary also drops out saying the differences he had with the puppet on the Deficit Stimulus Plan and the power-grab over the Census were the things that made him change his mind. The puppet calls the news “something of a surprise.” [It’s one of many appointment scandals. How can it be a surprise? His Fifth appointment screw-up since promising not to screw up again!]

Broken Tax Promise
by Peter Andrew—conservativeamerican.org

Within days of taking office, the puppet breaks promise not to raise any taxes on those making less than $250,000 a year! The puppet approves tax hike of 61 cents a pack on cigarettes after saying as a candidate— “I can make a firm pledge. Under my plan, no family making less than $250,000 a year will see any form of tax increase. Not your income tax, not your payroll tax, not your capital gains taxes, not any of your taxes.” UPDATE—Feb. 24—The puppet repeats the lie saying those who make less than $250,000 will not pay higher taxes, “Not one Dime!” UPDATE—Mar. 5—The puppet’s budget raises 45 percent of its revenue from energy taxes that will be paid by everyone who fills a gas tank, pays an electric bill, or buys anything that was grown, shipped, or manufactured. UPDATE—Mar. 24—Neil Cavuto on Fox News reported the puppet’s budget raises taxes on those making above $209,000.

RV Lie at First Press Conference
by Peter Andrew—conservativeamerican.org

In his first prime-time press conference, the puppet lied to the American people. He said, “There are people right now with good credit who can’t get loans to buy an RV.” He used the recreational vehicle example after being in Elkhart, Indiana where many are made. The statement is completely false. There are about 11,000 banks in the U.S.A. and 7,000 to 9,000 have no financial problems at all, and even make money. These banks have money to loan to people with good credit and a good down payment. It is a lie to say that people with good credit cannot get a loan to buy an RV and help the people in Elkhart.

Chief of Staff an Illegal Renter!
by Peter Andrew—conservativeamerican.org

Gawker.comRahm Emanuel is renting a basement from Congresswoman Rosa DeLauro. A zoning administrator says the house is listed as “single family” and can’t be rented out.

Free House Scandal
by Peter Andrew—conservativeamerican.org

At a Socialist Town Hall meeting, the puppet takes a question from Henrietta Hughes who says she is homeless and needs a house. Big Hollywood—The next day, the media was full of reports ‘Hughes had a house.’ Another miracle by the puppet! See, it’s working! Now if you greedy, nasty conservatives would just get on board, the singing of We Are the World could begin! But wait, it wasn’t the puppet or even the Blessed the puppet’s wife who got the house for Hughes. It wasn’t the Government bureaucrat or stimulus package that found the house for these poor folks, either. No, it was a nice lady named Chene Thompson, and who is Chene Thompson? Is she a ‘progressive’ who cares about her fellow Americans? Is she a Hollywood celebrity? Is she even a Democrat? No, Thompson is the wife of a Republican State Representative. [The press left that part of the story out so the Obamanator could part the seas.]

Troop Surge Hypocrisy
by Peter Andrew—conservativeamerican.org

The puppet was very vocal about how awful troop surges were. He stood firm in demanding the Bush surge was a mistake and only admitted to Katie Couric that surges actually worked after a good deal of badgering by her. Now, that he isn’t playing politics on TV anymore and actually has the job [wonder if he realizes that yet?], he has suddenly changed his tune! The puppet Troop Surge in Afghanistan suddenly is a good idea! The MSM aren’t even talking about this. UPDATE—Feb. 20—Fox News followed our lead and did start talking about it!

Appointment Scandal—Louis Susman
by Peter Andrew—conservativeamerican.org

The U.K. Telegraph—the puppet has been embroiled in a cronyism row after reports that he intends to make Louis Susman, one of his biggest fundraisers, the new U.S. Ambassador in London. The selection of Susman, a lawyer and banker from the puppet’s hometown of Chicago, rather than an experienced Diplomat, raises new questions about the puppet’s commitment to the special relationship with Britain.

“Distractions” Lie
by Peter Andrew—conservativeamerican.org

The puppet has denounced “distractions that keep everyone from focusing on significant issues.” The Weekly Standard—The puppet orders distractions for his own political gain—“…but his White House aides cause a huge controversy by calling Rush Limbaugh the leader of the Republican Party.”

Bipartisan Lie “I won.”
by Peter Andrew—conservativeamerican.org

Meghan Clyne (New York Post)—The puppet soared to victory on the hopeful promise of a new era of bipartisanship. During his Inaugural Address, he even promised an “end to the petty grievances and false promises, the recriminations and worn-out dogmas, that for far too long have strangled our politics.” Listening to Republican concerns about overspending was a nice gesture—until he shut down any hopes of real dialogue by crassly telling Republican leaders—“I won.” [and advising them to stop listening to Rush Limbaugh.] And who could forget the Rush Limbaugh flap—in which the puppet’s top advisers, including Chief of Staff Rahm Emanuel, orchestrated a public relations campaign meant to undermine the RNC Chairman, Michael Steele, by framing talk-radio personality Limbaugh as the real head of the Republican Party.

Another Broken Promise on Iraq War
by Peter Andrew—conservativeamerican.org

Team puppet says it will remove troops from the battlefields in Iraq by August 2010—three months later than his promised 16-month withdrawal of all troops. That broken promise could cost 100 lives. The new the puppet word is that we won’t leave completely until 2011 sometime. That’s two to three years later than his promised “get out now” by the end of 2008 campaign talk. “The days of our open-ended commitment must come to a close,” he told the Senate, according to a Jan. 31, 2007 Washington Post article. Well, when he said he would get the troops out, he only meant he’d take troops actively involved in combat in certain areas on Tuesday afternoons out. Wpuppete have to leave a ‘residual’ force, we are told now. That force could be 50,000 troops strong and CodePink, MoveOn.org and top Democrats are royally pissed off about this one! The Pink-PanTers actually believed him when he said he would get the troops out of Iraq and end the war. UPDATE—Jun. 5—U.S. Socialist News and Liberal World Report: He also plans to leave tens of thousands of troops behind to train Iraqis, protect U.S. interests, and root out al Qaeda insurgents. Many antiwar Democrats backed the puppet in key primaries and caucuses last year because they believed he would end the war as soon as possible. Some of them are disappointed; others are angry.

Wall Street Executive Lie
by Peter Andrew—conservativeamerican.org

KOA Radio reports that along with energy, tax and big Government lies, he had other false statements like…claiming he would never help “a single Wall Street executive” even though his bailouts did precisely that!

Healthcare Spending Lie
by Peter Andrew—conservativeamerican.org

…and in a bizarre statement, he claimed using tax dollars to create a Socialist medicine program would reduce the deficit [he made no attempt to explain that.] UPDATE—May 3—the puppet—…the more we do on the (disease) prevention side, the more we can obtain serious savings down the road. If we’re making those investments, we will save huge amounts of money in the long term. Fox News says not so fast: …the New England Journal of Medicine cautioned that “sweeping statements about the cost-saving potential of prevention, however, are overreaching.” It said that “although some preventive measures do save money, the vast majority reviewed in the health economics literature do not.” And a study released in December (2008) by the Congressional Budget Office found that increasing preventive care “could improve people’s health but would probably generate either modest reductions in the overall costs of health care or increases in such spending within a 10-year budgetary time frame.”

Appointment ScandalThird Pick for Commerce Broke Campaign Finance Laws
by Peter Andrew—conservativeamerican.org

Gary Locke was “fined a maximum $2,500 by State regulators after he admitted breaking campaign finance laws during two out-of-State fundraisers in 1996.” Even the puppet jokes about his appointments—I’m sure it’s not lost on anyone that we’ve tried this a couple of times. Locke was briefly implicated in the ‘96 Clinton-Chinese fund-raising scandal, returned some checks, and was cleared of wrong-doing.

2nd

Arizona (Declaring Tenth Amendment) Gov. Jan Brewer[R]
Timeline:
HCR2024—
Senate Second Read                                             06/30/2009
HCR2024—
Senate first Read; referred to Rules                                    06/29/2009
SCR1038—
Passed Appropriations Committee Do Pass (Ayes—7, Nays—3, Not voting—1)               06/16/2009
SCR1038—
Sent to Rules Committee; Appropriations; Vote Detail (Ayes—7, Nays—3, Not voting—1);
Second Read                            06/10/2009
HCR2024—
Sent to Senate; Passed (Ayes—34, Nays—24, Excused—2)        06/10/2009
SCR1038
—Appropriations                                      06/09/2009
HCR2024—
Amendments Do pass                     04/14/2009
HCR2024—
Passed both Minority/Majority Caucus                        02/24/2009
HCR2024—
Passed Rules Committee Amended Constitutional and Proper form (Ayes—8, Nays—0)   02/23/2009
HCR2024—
Do Pass (Ayes—6, Nays—3)               02/17/2009
HCR2024—
Second Read                                        02/09/2009
HCR2024—
First Read: Vote Detail (Ayes—6, Nays—3)—Government; (Ayes—8, Nays—0)—Rules  02/05/2009
SCR1038—
First Read                                   02/02/2009

House of Representatives and Senate Forty-ninth Legislature, First Regular Session 2009
House Concurrent Resolution (HCR) 2024

Sponsored by—Rep(s) Burges[R], Ash[R], Biggs[R], Boone[R], Gowan[R], Mason[R], Montenegro[R], Pancrazi[D], Seel[R], Williams[R], Campbell CL[D], Court[R], Crandall[R], Crump[R], Driggs[R], Fleming[D], Goodale[R], Hendrix[R], Kavanagh[R], Lesko[R], McComish[R], McGuire[D], Miranda[D], Murphy[R], Nichols[R], Pratt[R], Quelland[R], Stevens[R], Tobin[R], Weiers JP[R]; Sen(s) Harper[R]
Senate Concurrent Resolution (SCR) 1038

Sponsored by—Sen(s) Gould[R]

A CONCURRENT RESOLUTION CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OVER CERTAIN POWERS, SERVING NOTICE TO THE FEDERAL GOVERNMENT TO CEASE AND DESIST CERTAIN MANDATES AND PROVIDING THAT CERTAIN FEDERAL LEGISLATION BE PROHIBITED OR REPEALED.

Whereas, the Tenth Amendment to the Constitution of the United States reads as follows—”The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the State respectively, or to the people”; and Whereas, 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; and Whereas, the scope of power defined by the Tenth Amendment means that  the federal government was created by the States specifically to be an agent of the States; and

Whereas, today, in 2009, the States are demonstrably treated as agents of the federal government; and Whereas, many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; 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; and Whereas, Article IV, section 4, United States Constitution, says in part, “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”; and

Whereas, 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; and Whereas, 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.

Therefore Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring, that: 1. That the State of Arizona hereby claims 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. 2. That this Resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers. 3. That all compulsory federal legislation that directs States to comply under threat of civil or criminal penalties or sanctions or requires States to pass legislation or lose federal funding be prohibited or repealed. 4. That the Secretary of State of the State of Arizona transmit copies of this resolution to the puppet, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each State’s legislature and each Member of Congress from the State of Arizona.

3rd

Daschle Bows out Due to Tax ‘Problems’
conservativeoasis.com

Wait! So, does Nancy Killefer, who was to fill the newly created “Chief Performance Officer” position. Sen. Judd Gregg nominated for Secretary of Commerce. Barry had a busy day. Barry must work hard. But, please don’t hold your breath, yet…

Tax-Cheat Scandal-Appointment Scandal—Nancy KilleferThis is ridiculous
by Peter Andrew—conservativeamerican.org

The U.S.A. has elected an unqualified man with incredibly poor judgment as the puppet. You’d think after the first two tax-cheats he wanted to hire caused so much trouble, he might learn his lesson. Nope. Fox News—The administration had refused to answer how its choice [Nancy Killefer] to make Government workers more efficient and more responsive had bungled her household payroll taxes. She took herself out of the running for the puppet’s newly created “Chief Performance Officer” position. She failed for 18-months to pay employment taxes on household help.

4th

Signs S-Chip
conservativeoasis.com

One more Government program which will expand the leverage to obtain votes for big Government, i.e., the Democrats. Cancels leases on 100,000 acres worth of oil and gas projects, thus increasing our need to be “over there” spilling American blood “for oil” [as “they” put it], instead of getting our own. Begins to impose strict, sometimes punitive guidelines to companies who took bailout money. Many companies start saying “no thanks, we don’t want your money then.” This seems to create a quizzical look on the faces of many of us, who wonder why, if companies can simply say no and survive, if they really ever needed this “brilliant” stimulus plan?

Appointment Scandal—David Playboy Ogden
by Peter Andrew—conservativeamerican.org

The puppet’s pick for Deputy Attorney General, David Ogden, gets blasted by Fidelis for his risque legal work for Playboy and others Fox News calls “purveyors of nudity.” Ogden represented Playboy and prevented a Federal court from releasing a list of distributors of what some said was pornographic material. From Tax-Cheats to Porn Defenders, this the puppet guy has a talent for picking the winners, eh?

Orgegon (Restoring Governor Power of State Militia)    Gov. John Kitzhaber[D]
Timeline:

Public Hearing Held                    03/11/2009
Referred to Rules                      02/10/2009
First Reading; referred to Speaker’s desk                 02/04/2009

75th OREGON LEGISLATIVE ASSEMBLY—2009 Regular Session
House Resolution (HR) 4

Sponsored by—Rep(s) Shields[D], Bailey[D], Dembrow[D], Kahl[D], Thompson[R], Tomei[D]

SUMMARY—The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced. Urges Governor to withhold deployment of Oregon National Guard to Iraq or Afghanistan.

HOUSE RESOLUTION—Whereas under section 8, Article I of the United States Constitution, Congress may call forth the militia to ‘execute the Laws of the Union, suppress Insurrections and repel Invasions’; and Whereas federal law since 1933 has provided that persons enlisting in a State National Guard unit simultaneously enlist in the United States National Guard, a part of the United States Army, and that enlistees retain their status as State National Guard members unless and until ordered to active federal duty and then revert to State National Guard status upon being relieved from federal active duty; and

Whereas in 1986, Congress passed and the puppet of the United States signed the ‘Montgomery Amendment,’ which provides that a Governor cannot withhold consent with regard to active duty outside the United States because of any objection to the location, purpose, type or schedule of such duty; and Whereas under the United States Constitution each State’s National Guard unit is controlled by the Governor in times of peace, but can be called up for federal active duty by the President, provided that the President is acting pursuant to the Constitution and laws of the United States; and Whereas the War Powers Act of 1973 specifically limits the power of the President to wage war without the approval of Congress; and

Whereas in October 2002, Congress approved the Authorization for the Use of Military Force Against Iraq Resolution of 2002 in response to the President’s request under the War Powers Act; and Whereas the 2002 resolution authorized the President to use the Armed Forces of the United States as he determines necessary and appropriate to defend the United States against a continuing threat posed by Iraq and to enforce all relevant United Nations Security Council resolutions regarding Iraq; and Whereas the earlier congressional Authorization for Use of Military Force of September 18, 2001, which launched the ‘War on Terror,’ has allowed the United States to occupy Iraq, conduct military operations in Afghanistan and attack targets in Somalia, Pakistan and elsewhere; and

Whereas the 2001 congressional authorization resulted in the opening of the Guantanamo Bay prison camp, the use of undisclosed military holding sites in other parts of the world, the enactment of the USA PATRIOT Act and the use of military tribunals among other affronts to human, civil and constitutional rights; and Whereas if the intent of the 2002 congressional resolution was to enforce all current and future United Nations Security Council resolutions regarding Iraq, then the 2002 congressional resolution is too broad and could allow the National Guard to remain federalized indefinitely; and Whereas the 2001 congressional resolution also is overly broad and could be construed to allow the President to call up the National Guard again to go to Iraq, Afghanistan or any other country deemed part of the ‘War on Terror‘; and

Whereas the 2001 and 2002 congressional resolutions contain neither a termination date nor a process or procedure for determining when the authorization should terminate; and Whereas the United States Armed Forces, including members of the Oregon National Guard and National Guard members from other States, have long since addressed the purposes set forth in the 2002 congressional resolution; and Whereas Iraq does not pose a continuing threat to the national security of the United States and there is no extant United Nations Security Council resolution to be implemented for a continuing threat; and Whereas the President may not maintain the use of United States Armed Forces, and in particular members of the Oregon National Guard, in Iraq for purposes other than those set forth by Congress in the 2001 and 2002 congressional resolutions; and

Whereas without a specific date for withdrawal of United States Armed Forces or a method or formula for determining a time for withdrawal in the 2001 and 2002 congressional resolutions, and in the absence of federal legislation curing these omissions, the President is required to order the withdrawal of troops within a reasonable time and in a reasonable manner, but the puppet has taken no such action; and Whereas other than the 2001 and 2002 congressional resolutions, there is no authority under the Constitution or the laws of the United States for the continued presence of Oregon National Guard members in Iraq and Afghanistan; and Whereas the deployment of Oregon National Guard members in Iraq and Afghanistan beyond the scope set forth in either congressional resolution has resulted, and continues to result, in deaths, injuries and significant harm to Oregon National Guard members and their families as well as loss of time together and financial hardship; now, therefore, Be It Resolved by the House of Representatives of the State of Oregon: That we, the members of the House of Representatives of the Seventy-fifth Legislative Assembly, urge the Governor to withhold deployment of the Oregon National Guard to Iraq or Afghanistan.

9th

Tax Cheat Scandal—Appointment Scandal—Hilda Solis’ Family
by Peter Andrew—conservativeamerican.org

The puppet tells press he has “learned” you can’t have “two sets of standards.” He just learned that? Despite that nonsense, yet another tax scandal has popped up for the Obamanator. This guy has only been in office 16 days! Seems the husband of the puppet’s nominee for U.S. Labor Secretary, Hilda Solis, has more than $7,600 in tax liens on his auto repair business. The puppet’s spokespal says they won’t punish her for her husband’s mistakes. UPDATE: KOA Radio—Solis made her own mistake when she lobbied for herself as a member of Congress, violating House ethics rules.

Appointment Scandal—Shauna Daly
by Peter Andrew—conservativeamerican.org

The puppet misuses his power, appointing a 29-year old ‘Partisan Dirt Digger’ as a White House Counsel Research Director, another new position he added despite the tough economy. The Washington Times has an exclusive story about Shauna Daly—Though she is inside one of the most powerful legal offices, Daly holds no law degree and doesn’t list any legal training on her resume. Her sole experience has been as an opposition researcher for Democratic political campaigns—She helped dig up dirt on rivals. The move indicates an intention to use the White House Counsel’s office to keep [the puppet] in power by digging up more dirt on Sarah Palin and any other potential threats to his 2012 campaign.

First Televised News Conference
conservativeoasis.com

People begin to notice he is Max Headroom, a talking figure head who relies on the teleprompter to a degree no other so called slick talker ever has.

Oklahoma (Declaring Tenth Amendment) Gov. Brad Henry[D]
Timeline:
HJR1003—
Senate Chamber—Brogdon moves to amend                   07/16/2009
HCR1028—
Sent to Secretary of State                        05/14/2009
HCR1028—
Passed the Senate                                     05/13/2009
HCR1028—
PASSED House (73-22) (Ayes—73, Nays—22, Excused—6)         05/04/2009
HCR1028
—Introduced                                  04/29/2009
HJR1003—
Governor vetoed bill                            04/27/2009
HJR1003—
The Joint Version passed the Senate (29-18)            04/15/2009
HJR1003
—Engrossed                                   04/06/2009
HJR1003
—Committee on Appropriations Do Pass               04/01/2009
HJR1003—
Passed the Senate (29-18)                 03/04/2009
HJR1003—
THIRD READING –PASSED the House  (Ayes—83, Nays—13, Excused—5)   02/18/2009
HJR1003
—Introduced                     02/09/2009

OKLAHOMA HOUSE OF REPRESENTATIVES, Fifty-Second Legislature, First Regular Session
House Joint Resolution (HJR) 1003

Sponsored by—Rep(s) Key[R], Reynolds[R], Peterson[R], Faught[R], Tibbs[R], Sanders[R], Moore[R], Kern[R];
Sen(s) Brogdon[R], Newberry[R], Russell[R]
House Concurrent Resolution (HCR) 1028

Sponsored by—Rep(s) Key[R], Duncan[R], Tibbs[R], Cooksey[R], Banz[R], Reynolds[R], Faught[R];
Sen(s) Brogdon[R], Russell[R]

A Concurrent Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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 defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and

WHEREAS, many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; 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; and WHEREAS, Article IV, Section 4 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”; and WHEREAS, 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; and WHEREAS, 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.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN: THAT the State of Oklahoma hereby claims 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. THAT this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers. THAT all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed. THAT a copy of this resolution be distributed to the puppet, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each State’s legislature of the United States of America, and each member of the Oklahoma Congressional Delegation.

10th

Senate passes Stimulus Package 61-37
conservativeoasis.com

Three Republicans vote for it. The puppet and Senate Democrats call this bi-partisan. Conservatives know better. Even NPR calls the Republican backing scant. Thus begins the dismantling of this Country’s economic and political future, expanding both the debt to future generations and Government backed jobs.

11th

Kansas (Declaring Tenth Amendment)       Gov.  Kathleen Sebelius[D]
Timeline:
SCR1615—
Referred to Judiciary                   03/17/2009
SCR1615—
Introduced                                                03/16/2009                   
SCR1609—
Set Hearing for 3/20/2009                03/11/2009
SCR1609—
Referred to Judiciary                            02/12/2009
SCR1609—
Introduced                           02/11/2009

Senate Concurrent Resolution (SCR) 1609
Sponsored by—Pilcher-Cook[R]
Senate Concurrent Resolution (SCR) 1615

Sponsored by—Sen(s) Pilcher-Cook[R], Abrams[R], Apple[R], Barnett[R], Brownlee[R], Bruce[R], Colyer[R], Donovan[R], Emler[R], Huelskamp[R], Kelsey[R], Lynn[R], Marshall[R], Masterson[R], McGinn[R], Morris[R], Ostmeyer[R], Petersen[R], Pyle[R], Schmidt D[R], Schodorf[R], Taddiken[R], Vratil[R], Wagle[R]

A CONCURRENT RESOLUTION claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution.

WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows: “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 defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was created by the States for the specific purpose of being an agent of the States; and WHEREAS, Today, in 2009, the States are demonstrably treated as agents of the federal government; and

WHEREAS, Many federal laws are in direct violation of the Tenth Amendment to the Constitution of the United States; 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; and WHEREAS, Article IV, Section 4 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.”; and WHEREAS, 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; and WHEREAS, 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.

Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the State of Kansas hereby claims 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; Be it further resolved: That this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; Be it further resolved: That all compulsory federal legislation which directs States to comply under threat of civil or criminal penalties or sanctions or requires States to pass legislation or lose federal funding be prohibited or repealed; and Be it further resolved: That a copy of this resolution be distributed to the puppet, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each State’s legislature of the United States of America, and each member of the Kansas Congressional Delegation.

12th

Steals the Census
by Peter Andrew—conservativeamerican.org

As the puppet tries to test the waters to see how much power he can steal in violation of the U.S. Constitution, his trial balloon about moving the control of the Census into the White House is creating yet another scandal in his first month in office. Fox News—Congressional Republicans say they’ll go to court against the puppet if he doesn’t scuttle his plan to move the Census into the purview of the Oval Office. But the administration says there is no such plan, even after apparently [and privately] assuring some Democratic members of Congress that there is. Statements issued by the White House have seemingly backed both points of view. [Gosh, that’s surprising (not)]. UPDATE—Mar. 18—The puppet’s ACORN community organizers will be recruiting the workers for the 2010 Census! So, the Democrat party’s ACORN, plagued with voter fraud problems already, will run a “fair” Census?

Speaks at Caterpillar plant.
conservativeoasis.com

In his speech, he claims that the stimulus is necessary, and will make it possible for the Caterpillar company to rehire some of the people they had laid off. The Caterpillar CEO counters this later in the day and says “No, more layoffs will likely be necessary even with the stimulus.”

Caterpillar, Inc. Hiring Lie
by Peter Andrew—conservativeamerican.org

Hot Air reports that quoted the puppet saying Cat would be hiring if his proposed Stimulus Bill gets passed, is not even close to being right! Cat CEO Jim Owens says, “I think realistically, no. The truth is we’re going to have more layoffs before we start hiring again.” Hot Air—Yesterday’s…headline is today’s comedy gold. Note the reason, too, why he can’t re-hire people right away—Because the stimulus simply won’t do any stimulating fast enough.

Georgia (Declaring Tenth Amendment)           Gov. Sonny Perdue[R]
Timeline:
SR632—
Judiciary sub Committee; Landed on the General Calendar under Section 6 (Senate Legislation which cannot pass the House pursuant to Senate 4-2.10 (a); Third Read; Senate Passed/Adopted
RESOLUTION CALENDAR EXPRESSING THE WILL OF THE SENATE (Ayes—43, Nays—1, Not Voting—7, Excused—5)      04/01/2009
SR632—
Committee Favorably Reported; Senate Read Second time       03/30/2009
HR773—
Second Readers; Judiciary                       03/30/2009
HR773—
First Readers                             03/26/2009
SR632—
Read and Referred                             03/20/2009
SR327—
Read Second Time; in Rules                        03/09/2009
SR327—
Committee Favorably Reported             03/05/2009
HR492—
Second Readers; Judiciary                         03/04/2009
HR492—
First Readers                                                03/03/2009
HR470—
Second Readers; Judiciary Comm.                  02/26/2009
HR470—
First Readers                                                   02/25/2009
SR327—
Senate Read and Referred Judiciary            02/19/2009
HR280—
Second Readers; Judiciary Comm                     02/17/2009
HR280—
First Readers                                02/12/2009

House Resolution (HR) 280
Sponsored by: Rep(s) Scott[R], Benton[R], Jerguson[R], England[R], Allison[R], Weldon[R]
Senate Resolution (SR) 327

Sponsored by: Sen(s) Pearson[R], Rogers[R], Williams[R], Wiles[R], Mullis[R], Heath[R]
House Resolution (HR) 470

Sponsored by: Rep(s) Franklin[R], Loudermilk[R], Reese[R], Setzler[R], Hatfield[R], Horne[R]
House Resolution (HR)
492
Sponsored by: Rep(s) Horne[R], Bearden[R], Franklin[R], Reese[R], Cox[R], Byrd[R]
House Resolution (HR)
773
Sponsored by: Rep(s) Rice[R]
Senate Resolution (SR) 632

Sponsored by: Sen(s) Pearson[R], Rogers[R], Williams[R], Wiles[R], Mullis[R], Seabaugh[R]
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.”

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 offenses 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. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the puppet, each member of the United States Congress.

Minnesota (Declaring Tenth Amendment) Gov. Tim Pawlenty[R]
Timeline:
SF1289
—Introduced; First Reading; Referred to Judiciary  03/09/2009
HF0997—
Author added: McNamara, Hacbarth                  03/09/2009
HF0997—
Authors added: Eastlund, Garofalo                   03/05/2009
HF0997—
Authors added: Nornes, Kelly, Howes, Gunther, Dean, Peppin, Brod    03/02/2009
HF0997—
Authors added: Westrom, Abeler, Zellers, Demmer, Anderson    02/26/2009
HF0997—
Authors added: Downey, Beard, Buesgens, Kiffmeyer                  02/23/2009
HF0998—
Introduction and first reading                              02/19/2009
HF0997—
Introduction and first reading; Referred to State and Local Government Operations Reform, Technology and Elections 02/19/2009
SF0592
Introduction and first reading; Referred to State and Local Government Operations and Oversight 02/12/2009

House File (HF) 0997
Sponsored by: Rep(s) Seifert[R], Gottwalt[R], Smith[R], Severson[R], Dettmer[R], Drazkowski[R], Davids[R], Lanning[R], Anderson B[R], Anderson S[R], Shimanski[R], Scott[R], Torkelson[R], Hamilton[R], Loon[R], Downey[R], Beard[R], Buesgens[R], Kiffmeyer[R], Westrom[R], Abeler[R], Zellers[R], Demmer[R], Anderson P[R], Nornes[R], Kelly[R], Howes[R], Gunther[R], Dean[R], Peppin[R], Brod[R], Eastlund[R], Garofalo[R], McNamara[R]
Senate File (SF) 1289

86th Legislative Session (2009-2010)
Sponsored by: Sen(s) Gerlach[R], Hann[R], Michel[R], Koch[R], Limmer[R]

A resolution memorializing the federal government to halt its practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States and affirming Minnesota’s sovereignty under the Tenth Amendment to the Constitution of the United States.

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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 defines the total scope of federal power as being that  specifically granted by the Constitution of the United States and no more; and WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be an agent of the States; and WHEREAS, today, in 2009, the States are demonstrably treated as agents of the federal government; and

WHEREAS, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and WHEREAS, 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; and WHEREAS, 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;

NOW, THEREFORE, S.F. No. 1289, as introduced —86th Legislative Session (2009-2010) [09-2271] BE IT RESOLVED by the Legislature of the State of Minnesota that it urges the puppet and the Congress of the United States to halt the federal government’s practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States, and that it affirms Minnesota’s 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. BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed to prepare copies of this memorial and transmit them to the puppet, the President and the Secretary of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, the chair of the Senate Committee on the Judiciary, the chair of the House Committee on the Judiciary, and Minnesota’s Senators and Representatives in Congress.

Oregon (End Partnership of North America)          Gov.Ted Kulongoski[D]
Timeline:

In committee upon adjournment                                           06/29/2009
Referred to Education and General Government.                           02/19/2009
Introduction and first reading. Referred to President’s desk.                   02/12/2009
75th OREGON LEGISLATIVE ASSEMBLY—2009 Regular Session
Senate Joint Memorial (SJM) 6

Sponsored by: COMMITTEE ON HEALTH CARE AND VETERANS AFFAIRS

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced. Urges Congress to end United States participation in Security and Prosperity Partnership of North America and other multilateral agreements that bypass Congress or threaten United States sovereignty.

JOINT MEMORIAL—To the puppet and the Senate and the House of Representatives of the United States of America, in Congress assembled: We, your memorialists, the Seventy-fifth Legislative Assembly of the State of Oregon, in legislative session assembled, respectfully represent as follows: Whereas the Security and Prosperity Partnership of North America, launched in March 2005, as a partnership with Mexico and Canada, aims to integrate United States laws with Mexican and Canadian laws on a broad range of issues, from agriculture to open borders; and Whereas this trilateral partnership has never been presented to Congress as an agreement or a treaty or for public debate; and

Whereas the Security and Prosperity Partnership of North America has had virtually no Congressional oversight and violates section 1, Article I, and section 2, Article II of the United States Constitution, by usurping power delegated to Congress and bypassing Congress; and Whereas requests made under the Freedom of Information Act have produced thousands of pages of information from the Security and Prosperity Partnership of North America office in the United States Department of Commerce that prove that our government has cooperated with Mexico and Canada on a broad range of policy issues, is rewriting United States laws and is appointing ministers without public disclosure or Congressional approval; and

Whereas documents and information posted on government websites indicate that a wide range of Security and Prosperity Partnership of North America ministers from the United States Departments of State, Commerce, Homeland Security, Energy, the Treasury, Agriculture, Transportation and Health and Human Services are actively harmonizing and integrating United States administrative regulations with the administrative regulations of Mexico and Canada; and Whereas State and local governments throughout this country might be negatively impacted by provisions of the Security and Prosperity Partnership of North America, such as the increasing openness of the borders of the United States, which could result in increased law enforcement problems; and Whereas United States policy, not foreign consortiums, should be used to control our national borders and to ensure that this country’s national security is not compromised; now, therefore,

Be It Resolved by the Legislative Assembly of the State of Oregon: (1) The Congress of the United States of America is respectfully requested to strongly consider NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type ending United States participation in the Security and Prosperity Partnership of North America and to reject participation in any other bilateral or multilateral partnerships that bypass Congress or compromise the sovereignty of the United States. (2) A copy of this memorial shall be sent to the puppet, to the Senate Majority Leader, to the Speaker of the House of Representatives and to each member of the Oregon Congressional Delegation.

South Carolina (Declaring Tenth Amendment) Gov. Mark Sanford[R]
Timeline:
S424—
Scrivener’s error corrected                         05/20/2009
S424—
Amendment 6—adopted; Amendment 3 (Ayes—35, Nays—6); Amendment 5—adopted (Ayes—28, Nays—17); Amendment 9—adopted; Amendment 10—failed (Ayes—11, Nays—31); Motion Under Rule 15A Failed—failed (Ayes—22, Nays—22); Senator Hutton addresses with President Presiding; Second Vote on Motion—adopted (Ayes—22, Nays—21); Amended           05/19/2009
H3509—
Senate recalled from Committee on Judiciary                05/14/2009
S424—
Special order, set for April 14, 2009                                   04/14/2009
S424—
Amended; Committee Amendment Adopted                     04/02/2009
S424—
Committee report: Majority favorable with amend, minority unfavorable Judiciary          03/11/2009
H3509—
Senate referred to Subcommittee: Martin (ch), Rankin, Hutto, Bright, Davis        03/05/2009
H3509—
Senate introduced; referred to Committee on Judiciary                      03/03/2009
H3509—
Added : Littlejohn, J.R.Smith, Hiott, Erickson; Adopted, sent to Senate       02/26/2009
H3509—
Added : Cato; Scrivener’s error corrected                           02/25/2009
H3509—
Added : Horne, Wylie, Huggins, Allison, Parker, A.D.Young, Millwood, Simrill, Willis, Herbkersman;
Committee report: Favorable Invitations                                  02/24/2009
S424—
Referred to Subcommittee: Martin (ch), Rankin, Hutto, Bright, Davis          02/19/2009
H3509—
Added: Clemmons                                      02/19/2009
H3509—
Added: Haley                                        02/18/2009
S424—
Introduced; first reading; referred to committee on Judiciary           02/12/2009
H3509—
Introduced; referred to Committee on Invitations               02/12/2009

South Carolina General Assembly, 118th Session, 2009-2010
House (H) 3509

Sponsored by: Rep(s) Pitts M[R], Duncan[R], Thompson[R], Bowen[D], Toole[R], Stringer[R], Hamilton[R], Pinson[R], Bedingfield[R],
Smith GR[R], Cooper[R], Crawford[R], Long[R], Lowe[R], Nanney[R], Owens[R], Pitts E[R], Rice[R], Viers[R], White[R], Haley[R], Clemmons[R], Horne[R], Wylie[R], Huggins[R], Allison[R], Parker[R], Young A[R], Millwood[R], Simrill[R], Willis[R], Herbkersman[R], Cato[R], Littlejohn[R], Smith JR[R], Hiott[R], Erickson[R]
Senate (S) 424

Sponsored by: Sen(s) Bright[R], Martin S[R], Alexander[R], Campbell[R], Fair[R], Knotts[R], Cromer[R], Mulvaney[R],Verdin[R], Martin L[R], Shoopman[R], Rose[R], McConnell[R], Thomas[R], Cleary[R], Courson[R], Coleman[D], Davis[R], Reese[D], Campsen[R], Grooms[R], Ryberg[R], Peeler[R], O’Dell[R], Bryant[R], Massey[R]

A CONCURRENT RESOLUTION—TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

Whereas, the South Carolina General Assembly declares 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, which is not expressly delegated by them to the United States of America in the congress assembled; and Whereas, some States when ratifying the Constitution for 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 as the Tenth Amendment, where 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, through the Constitution and the amendments thereto, constituted a general government for special purposes and delegated to that government certain definite powers, reserving each State to itself, the residuary right to their own self government. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring: That the General Assembly of South Carolina, based on the above principles and provisions, 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 of America by the Constitution and which serves to diminish the liberty of any of the several States or their citizens shall abridge the Constitution.  The General Assembly further declares that acts which would cause such an abridgment include, but are not limited to:

(1) 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; (2) 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; (3) 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; (4) surrendering any power delegated or not delegated to any corporation or foreign government;

(5) any act regarding religion, further limitations on freedom of political speech, or further limitations on freedom of the press; and further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition. (6) Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and each member of the South Carolina Congressional Delegation.

13th

Sneaks Money to ACORN
by Peter Andrew, conservativeamerican.org

Republican John Boehner reveals the puppet sneaks money into the Deficit Stimulus Plan for his Democrat partisan pals at ACORN for neighborhood “stabilization.” [Creating more Democrat voters makes a neighborhood more “stable” I guess]

House passes Stimulus Bill
conservativeoasis.com

This is done in a rushed, unscreened manner. Almost 1100 pages, voted on within hours of compromise. This is in violation of the puppet’s promise that every bill will have ample time for scrutiny both by the members of Congress and the public. Apparently, the broken promise is due to the extremely urgent matter that the bill addresses, implying that days, maybe even hours, could make the difference. But the rush disappears immediately after passage, and the puppet signs it four days later. Judd Gregg withdraws amidst concern that the Census will be mismanaged, as well as his dismay regarding the stimulus and other economic policy that had been implied. [This is the beginning of the end of the promise of bipartisanship.]

14th

Unprecedented Transparency—Broken Promises
by Peter Andrew—conservativeamerican.org

Extremist Radical the puppet promises unprecedented transparency in his new administration…while at the same time hiding the contents of the puppet’s Debt Stimulus Plan from the public. After promising at least 48 hours for everyone to see the text of the bill, it is rammed through the House and Senate in secrecy within a few short hours. This puppet makes a practice of saying one thing and doing another.…said meetings where laws are written will be more open to the public…said there would be no more secrecy (republicans didn’t even get to see the bill!) UPDATE—February 25—the puppet’s staff requires secrecy oaths on defense budget team.…promised public would have 5 days to look at the bill UPDATE—April 22—Major Garrett at Fox reports a top the puppet Adviser “conceded the puppet had not lived up to his promise to post legislation for five days on the Internet before signing it…the adviser said the White House will try to improve, but conceded it’s broken that promise. On the campaign trail, the puppet made this pledge— ‘When there is a bill that ends up on my desk as a president, you the public will have five days to look online and find out what’s in it before I sign it, so that you know what your government’s doing.’ The stimulus bill, a pay equity bill, a bill expanding children’s health insurance, the omnibus spending bill funding the remainder of the 2009 budget and a public lands bill were all signed before the final version was posted for public review for five days.”

17th

Iowa (Budget)        Gov. Chet Culver[D] They propose an Amendment here
Timeline:

Subcommittee: Horn, Black, Feenstra             02/18/2009
Introduced, referred to State Government                     02/17/2009

SENATE JOINT RESOLUTION (SJR) 3
Sponsored by: Sen(s) Kreiman[D]

A Joint Resolution requesting the Congress of the United States to submit to the States for ratification a balanced budget amendment to the United States Constitution.

WHEREAS, with each passing year this nation becomes deeper in debt as federal government expenditures repeatedly exceed available revenues, so that the federal budget deficits for FY 2007 and FY 2008 were $161.5 billion and $455 billion, respectively, and the budget deficit for FY 2009 is estimated to be $1.186 trillion; and WHEREAS, knowledgeable planning, fiscal prudence, and plain good sense require that the federal budget should not be manipulated to present the appearance of being in balance while, in fact, federal indebtedness continues to grow; and WHEREAS, believing that fiscal irresponsibility at the federal level, which is resulting in a lower standard of living and endangering economic opportunity now and for the next generation, is a great threat which faces our nation; and

WHEREAS, Thomas Jefferson recognized the importance of a balanced budget when he wrote, “The question whether one generation has the right to bind another by the deficit it imposes is a question of such consequence as to place it among the fundamental principles of government.  We should consider ourselves unauthorized to saddle posterity with our debts, and morally bound to pay them ourselves”; and WHEREAS, the principal functions of the Constitution of the United States include promoting the broadest principles of a government of, by, and for the people; setting forth the most fundamental responsibilities of government; and enumerating and limiting the powers of the government to protect the basic rights of the people; and WHEREAS, the federal government’s unlimited ability to borrow  involves decisions of such magnitude, with such potentially profound consequences for the nation and its people, today and in the future, that it is appropriately a subject for limitation by the Constitution of the United States; and WHEREAS, under Article V of the Constitution of the United States, a constitutional amendment may be proposed by Congress, or, on the application of the legislatures of two-thirds of the States, Congress shall call a constitutional convention for the purpose of proposing an amendment, which, in either case, shall become part of the Constitution of the United States when ratified by three-fourths of the States;

NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: That the Congress of the United States is hereby petitioned to propose an amendment to the Constitution of the United States, for submission to the States for ratification, to require in the absence of a national emergency that the total of all federal appropriations made by Congress for any fiscal year not exceed the total of all estimated federal revenues for that fiscal year.

BE IT FURTHER RESOLVED, That, alternatively, pursuant to Article V of the Constitution of the United States, the General Assembly, as the Legislature of the State of Iowa, makes application to the Congress of the United States to call a convention for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States, for submission to the states for ratification, to require in the absence of a national emergency that the total of all federal appropriations made by Congress for any fiscal year not exceed the total of all estimated federal revenues for that fiscal year. BE IT FURTHER RESOLVED, That if, within sixty days after the legislatures of two-thirds of the States make application for such convention, Congress proposes and submits to the States for ratification an amendment to the Constitution of the United States which requires a balanced federal budget in a manner substantially similar to the manner contained in this Joint Resolution, then this application for a convention shall no longer be of any force and effect.

BE IT FURTHER RESOLVED, That if the convention is not limited to the specific and exclusive purposes of this Joint Resolution, this application and request shall be null and void, and shall be rescinded and of no effect. BE IT FURTHER RESOLVED, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States, until at least two-thirds of the legislatures of the several States have made application for a similar convention under Article V, or the Congress has proposed the amendment called for by this Joint Resolution, or the General Assembly acts to withdraw this application. BE IT FURTHER RESOLVED, That the Secretary of State shall transmit certified copies of this Joint Resolution to the puppet and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, each member of the Iowa delegation to the Congress, and the presiding officer of each house of each State legislature in the United States.

EXPLANATION—This joint resolution constitutes a petition to the Congress of the United States to propose a constitutional amendment to require, in the absence of a national emergency, a balanced federal budget. Alternatively, the resolution is an application to the Congress from the State of Iowa, as required by Article V of the Constitution of the United States, calling upon Congress to convene a constitutional convention concerning the proposed amendment.

Montana (Declaring Tenth Amendment) Gov. Brain Schweitzer[D]
Timeline
:
HR3—
Return with end house amendments; transmittal date; died in Process  04/28/2009
HJ26—
Died in Standing Committee               04/28/2009
HR3—
Scheduled second reading; Judiciary Committee Report—Bill Passed as Amended (Ayes—10, Nays—8); second reading pass motion failed (Ayes—50, Nays—50)         04/22/2009
HR3—
Scheduled second Reading; Judiciary Committee Report—Bill Passed as Amended (Ayes—11, Nays—7); referred back to Judiciary        04/21/2009
HR3—
Judiciary Hearing               04/15/2009
HR3—
Introduced; referred to Judiciary Committee; first reading; introduced electronically  04/08/2009
HJ26
—Return with 2nd house amendments         04/02/2009
HJ26—
Missed Deadline for General Bill Transmittal              02/26/2009
HJ26—
Motion Failed                    (Ayes—51, Nays—49)                 02/24/2009
HJ26—
Referred to Judiciary Committee; first reading; Judiciary Hearing Committee Vote Failed; Remains in Judiciary Committee (Ayes—9, Nays—9)                                       02/23/2009
HJ26—
Introduced; bill text available electronically                   02/17/2009
61st Legislature House Joint (HJ) 26
Sponsored by: Rep(s) More[R]
House Resolution (HR) 3

Sponsored by: Rep(s) More[R], Peterson[R]

A RESOLUTION OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA ARTICULATING THE RIGHTS OF THE STATE OF MONTANA AND OF THE SEVERAL STATES OF THE UNITED STATES.

WHEREAS, the Constitution of the State of Montana declares and secures that the people of this State have the sole and exclusive right to govern themselves as a free, sovereign, and independent State; and WHEREAS, that right may never be delegated to the United States; and WHEREAS, the Montana Constitution documents that in 1889 the people of Montana agreed to form a free, sovereign, and independent body politic, or State, by the name of “The State of Montana”; and WHEREAS, the people of the State of Montana agree that all powers not expressly delegated to the federal government in the United States Constitution must be reserved to and exercised by individual States; and

WHEREAS, when Montana entered into statehood in 1889, that entrance was accomplished by a contract between Montana and the several States, with Congress and the President concurring and acting as the agent for the several States. That contract is known as the “Compact with the United States”, archived as Article I of the Montana Constitution; and WHEREAS, the sovereignty of those individual tribal governments of American Indians currently existing within the State of Montana is likewise guaranteed by that same Compact with the United States; and WHEREAS, a contract, compact, or treaty must be implemented consistent with the terms and understandings in place at the time it was entered into; and WHEREAS, the protection of these States’ rights is enumerated in amendments to the United States Constitution, which state 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, this resolution follows and expands into principle the position Montana established in its 60th legislative session when it rejected the federally mandated “Real ID” as an unwarranted assumption of federal power and as an unacceptable incursion into the right to privacy that the people of Montana have reserved to  themselves in the Montana Constitution.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF 61st Legislature HR0003.03 MONTANA: (1) That the several States of the United States are not united on the principle of unlimited submission to general government, but by ratifying the United States Constitution and Bill of Rights the several States constituted a general government for special purposes and delegated to that government certain definite powers, while reserving all other rights. (2) That when the general government assumes undelegated powers, its IT acts in excess of its authority are void and of no force. (3) That the government created by the United States Constitution was not granted the authority to determine the extent of the powers delegated to itself because such a grant of authority would have made the discretion of Congress and not the United States Constitution, and the limitations contained in the Constitution, the measure of Congress’s powers. (4) That the several States delegated to Congress via the United States Constitution a power to punish treason, counterfeiting of the securities and current coin of the United States, piracies, felonies committed on the high seas, offenses against the law of nations, slavery, and no other crimes.

(5) That all acts of Congress that assume to create, define, or punish crimes other than those enumerated in the United States Constitution are void and of no force. (6) That the power to create, define, and punish other crimes is reserved to the States. (7) That the power of the federal government over individual liberties is restricted and the power is  reserved by the States to determine whether liberties may be abridged without lessening their useful freedom and how far those abuses that cannot be separated from their use should be tolerated, rather than allowing the use to be destroyed. (8) That States retain the right of protecting all freedoms of individual persons from federal incursion. (9) That any acts of Congress that abridge protected individual freedoms are not law and are void. (10) That excessive exercise of those parts of the United States Constitution by the federal government that delegate to Congress a power “to lay and collect taxes, duties, imposts, 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” to regulate “commerce among the States” or that declare federal laws to be  ultimately supreme has served to destroy the limits of power imposed on Congress by its creators, the several States.

(11) That those powers given to Congress in the United States Constitution detailed above have been 61st Legislature HR0003.03 amended, modified, and limited by the Ninth and Tenth Amendments to the United States Constitution. (12) That if Montana accepts these inappropriate applications of power and continues to allow Congress to exercise unbridled authority, it would be surrendering its own form of government, its sovereign power, and its responsibility to its citizens. (13) That the people of this state will not accept undelegated and consequently unlimited powers assumed by the federal government. (14) That every State has a right to ignore or reject all unwarranted assumptions of power by other entities within its boundaries and that without this right, States and sovereign tribes would become mere administrative subdivisions of their intended servant, the federal government that the States created.

(15) That this State calls on the other several States for an expression of their sentiments on acts of the federal government not authorized by the United States Constitution. (16) That the rights and liberties of Montana, its tribal governments, and Montana citizens and of the other several States must be protected from any dangers by declaring that Congress is limited by the United States Constitution and Bill of Rights. (17) That any act by the Congress of the United States, Executive Order of the President of the United States, or Judicial Order of the United States that assumes a power not delegated by the United States Constitution and diminishes the liberty of this State or its citizens constitutes a breach of the United States Constitution and Bill of Rights by the government of the United States, which would also breach Montana’s “Compact With the United States.” Acts that would cause such a breach include but are not limited to:

(a) establishing martial law or a state of emergency within a State without the consent of the legislature of that State (b) moving federal military personnel or units into a State without the consent of the legislature of that State or with the intent to enforce federal laws or to assert the supremacy of the federal government; (c) 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; (d) requiring involuntary servitude or governmental service of persons under the age of 18 years, other than pursuant to or as an alternative to incarceration after due process of law; (e) surrendering any power delegated or not delegated to any corporation or foreign government.

(18) That if any act of Congress becomes law or if an Executive Order of the President of the United States or Judicial Order of the United States is put into force beyond the reservations expressed in this resolution, 61st Legislature OR IF ANY TREATY IS ENTERED INTO BY THE FEDERAL GOVERNMENT THAT NULLIFIES THE RIGHTS OF THE PEOPLE OF MONTANA AS EXPRESSED IN THE UNITED STATES OR MONTANA CONSTITUTIONS, Montana’s “Compact With the United States” may be considered breached and all powers previously delegated to the United States via the United States Constitution revert to the States individually. (19) That any future federal government of the United States shall require ratification of three-fourths of the States seeking to form a federal government and shall not be binding upon any State not seeking to form or join a federal government. BE IT FURTHER RESOLVED, that the Secretary of State send a copy of this resolution to the puppet, to each member of the United States Congress, and to the Secretary of State of each of the other several States and territories of the United States.

Texas (Declaring Tenth Amendment) Gov. Rick Perry[R]
Timeline:
SCR35—
Received from the House (Ayes—10, Nays—5)         05/31/2009
HCR50
—House Passed               05/31/2009
HCR50
—Laid before House; amended, adopted (Ayes—99, Nays—36, not voting—4); Reported engrossed     05/30/2009
HCR50
—Placed on Resolutions Calendar          05/23/2009
HCR50
—Considered in Calendar                  05/21/2009
HCR50
—Considered in formal meeting; reported favorably w/o amendments; comm. report Filed with committee coordinator; report sent to calendar       05/20/2009
HCR50
—Laid before the House; Point of order sustained, returned to State Affairs               05/19/2009
HCR50
—Considered in Calendars                       05/08/2009
HCR50
—Comm. Reported                                         04/24/2009
HCR50
—Considered in formal meeting; reported favorable w/o amendments             04/23/2009
HCR50—
Considered in Public Hearing; Testimony taken/registration recorded in comm.; Left pending in Comm.   04/21/2009
SCR35—
Co-author authorized 04/17/2009
SCR39—
Co-author authorized 04/15/2009
SCR39—
Read first time; referred to State Affairs                03/13/2009
SCR35—
Read first time; referred to State Affairs                03/13/2009
SCR39—
Received by the Secretary of the Senate; Filed                                     03/04/2009
SCR35—
Received by the Secretary of the Senate; Filed             03/02/2009
HCR76
—Referred to State Affairs                                  03/02/2009
HCR66
—Referred to State Affairs                  03/02/2009
HCR76
—Filed                                                               02/26/2009
HCR66
—Filed                                                 02/23/2009
HCR50
—Referred to State Affairs                     02/23/2009
HCR50
—Filed                                               02/17/2009

House Concurrent Resolution (HCR) 50
Sponsored by: Rep(s) Creighton[R], Hughes[R], Berman[R], Gattis[R], Guillen[D], Anderson[R], Aycock[R], Bohac[R], Bonnen[R], Branch[R], Brown B[R], Brown F[R], Button[R], Callegari[R]. Chisum[R], Christian[R], Cook[R], Corte[R], Crabb[R], Craddick[R], Crownover[R], Darby[R], Davis J[R], Driver[R], Eissler[R], Elkins[R], Farabee[D], Fletcher[R], Flynn[R], Geren[R], Hamilton[R], Hancock[R], Hardcastle[R], Harless[R], Harper-Brown[R], Hartnett[R], Hilderbran[R], Hopson[D], Howard C[R], Hunter[R], Jackson[R], Jones[R], Keffer[R], King P[R], King S[R], King TO[D], Kleinschmidt[R], Kolkhorst[R], Kuempel[R], Laubenberg[R], Legler[R], Lewis[R], Lucio III[D], Madden[R], McReynolds[D], Merritt[R], Miller D[R], Miller S[R], Morrison[R], Orr[R], Otto[R], Parker[R], Patrick[R], Paxton[R], Pena[D], Phillips[R], Riddle[R], Sheffield[R], Shelton[R], Smith W[R], Smithee[R], Swinford[R], Taylor[R], Truitt[R], Weber[R], Zerwas[R]

House Concurrent Resolution (HCR) 66
Sponsored by: Rep(s) Berman[R], Jones[R]
House Concurrent Resolution (HCR) 76

Sponsored by: Rep(s) Berman[R], Flynn[R], Anderson[R], Riddle[R], Brown B[R]
Senate Concurrent Resolution (SCR) 35

Sponsored by: Sen(s) Nichols[R], Patrick[R], Nelson[R]

Senate Concurrent Resolution (SCR) 39Sponsored by: Sen(s) Hegar[R], Nelson[R]
HOUSE CONCURRENT RESOLUTION

WHEREAS, Each Member of the Legislature feels great pride in being a citizen of the United States of America, which includes the right of citizens to petition their government for redress of grievances; and WHEREAS, All Texans have benefited from this State’s participation in the unique experience in democracy that first began on a field in Lexington, Massachusetts, and called the United States of America; and WHEREAS, Countless Texans have served in the Armed Forces of the United States with the brave sons and daughters of all our sister States to protect our State, our nation, and our union, and many of them gave the last full measure of devotion by offering their lives to preserve that union; and WHEREAS, Each member of the legislature has sworn a solemn oath to defend our national union; and

WHEREAS, Each day, millions of Texans assemble in churches, synagogues, schools, arenas, fields, and homes to pledge allegiance to the flag of the United States of America and the one nation, indivisible, for which that flag stands; and WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows: “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 defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be an agent of the States; and WHEREAS, Today, in 2009, the States are demonstrably treated as agents of the federal government; and WHEREAS, Many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; 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; and WHEREAS, 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”; and

WHEREAS, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that the Congress of the United States may not simply commandeer the legislative and regulatory processes of the States; and WHEREAS, 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; now, therefore, be it RESOLVED by the House of Representatives, the senate concurring, That the 81st Legislature of the State of Texas reaffirms the pride of all Texans in both our one and indivisible national union and in our one and indivisible State and the common heritage of both; and, be it further

RESOLVED, That the 81st Legislature of the State of Texas hereby claim 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, be it further RESOLVED, That this serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and, be it further RESOLVED, That all compulsory federal legislation not necessary to ensure rights guaranteed the people under the Constitution of the United States 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; and, be it further

RESOLVED, That the chief clerk of the House of Representatives is directed to send a copy of this resolution to the senators and representatives of Texas in Congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America; and, be it further RESOLVED, That the chief clerk of the House of Representatives is directed to send a copy of this resolution to the puppet, the Vice President of the United States of America, the Speaker of the House of Representatives of the United States of America, the minority leader of the House of Representatives, and the minority leader of the Senate, and to the governor of each sister State as an expression of the affection of the people of Texas for our one national and indivisible union.

Feburary

18th

Tennessee (Declaring Tenth Amendment)          Gov. Phil Bredesen[R]
Timeline:

Signed by Governor                                                                                                                                                                    06/23/2009
Enrolled; Signed by S. Speaker (S) ; transmitted to Governor; Concurred (S) (Ayes—31, Nays—0)                         06/12/200
Rec. for concur by S. FW&M Comm ref to: S. Cal. Comm. (S) (Ayes—10, Nays—0)                                                 06/09/2009
Rcvd. from H., ref. to S. F,W&M Comm.(S)                                                                                                                          05/28/2009
Engrossed; ready for transmission to Sen.;Adopted as am. (Ayes—85, Nays—2, PNV—3)
H. adopted am. (Amendment 1 of 0 – HA0536)                                                                                               05/26/2009
Rec. for pass if am. by s/c ref. to Judiciary Committee                                                                                                       05/05/2009
Action Def. in s/c Civil Practice and Procedure of JUD to 5/5/2009                                                                                 04/28/2009
Action Def. in s/c Civil Practice and Procedure of JUD to 4/28/2009                                                                               04/21/2009
Action Def. in s/c Civil Practice and Procedure of JUD to 4/21/2009                                                                               04/15/2009
Action Def. in s/c Civil Practice and Procedure of JUD to 4/15/2009                                                                               04/14/2009
Action Def. in s/c Civil Practice and Procedure of JUD to 4/14/2009                                                                               04/07/2009
Action Def. in s/c Civil Practice and Procedure of JUD to 4/7/2009                                                                                 03/31/2009
Assigned to s/c Civil Practice and Procedure of JUD                                                                                                            03/17/2009
Intro., ref. to Judiciary                                                                                                                                                                                    02/19/2009
Introduced                                                                                                                                                                                                        02/18/2009

House Joint Resolution (HJR) 0108
Sponsored by: Rep(s) Lynn[R] , Maggart[R], Hawk[R], Niceley[R], Swafford[R], Campfield[R], Dennis[R], Haynes[R], Watson[R], Dunn[R], Eldridge[R], Coley[R], Bell[R], Floyd[R], Mumpower[R], Cobb J[R], Casada[R], Hill[R], Evans[R], Rich[R], Montgomery[R], Sargent[R], McDaniel[R], Harrison[R], Hensley[R], Carr[R], Halford[R], Harwell[R], McManus[R], Lollar[R], Brooks H[R], Shipley[R], Faulkner[R], Ramsey[R], Matheny[R], Lundberg[R], Johnson P[R], Dean[R], Brooks K[R], Weaver[R], Todd[R], McCormick[R]

SUMMARY OF BILL—Urges Congress to recognize Tennessee’s sovereignty under the Tenth Amendment to the Constitution. A copy of this resolution shall be transmitted to the puppet, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of Tennessee’s Congressional Delegation A RESOLUTION to affirm Tennessee’s sovereignty under the Tenth Amendment to the Constitution of the United States and to demand the federal government halt its practice of assuming powers and of imposing mandates upon the States for purposes not enumerated by the Constitution of the United States.

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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 defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be an agent of the states; and WHEREAS, today, in 2009, the States are demonstrably treated as agents of the federal government; and WHEREAS, many powers assumed by the federal government and federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

WHEREAS, 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; and WHEREAS, 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; now, therefore,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that we hereby affirm Tennessee’s 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. We also demand the federal government to halt and reverse its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States. BE IT FURTHER RESOLVED, that a committee of conference and correspondence be appointed by the Speaker of the House and of the Senate, which shall have as its charge to communicate the preceding resolution to the legislatures of the several States, to assure them that this State continues in the same esteem of their friendship and to call for a joint working group between the States to enumerate the abuses of authority by the federal government and to seek repeal of the assumption of powers and the imposed mandates. BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the puppet, the President of the United States Senate, the Speaker and the Clerk of the United States House of Representatives, and to each member of Tennessee’s Congressional delegation.

Nebraska—(Employee Free Choice Act)             Gov. Dave Heineman[R]
Timeline:

Notice of hearing for Mar 5                  02/26/2009
First Read, Referred to Judiciary Comm; Referred to reference Com.; laid over; Introduced    02/18/2009
One Hundred First Legislature—First Session

Legislative Resolution (LR) 26
Sponsored by: Rep(s) Lautenbaugh, Carlson, Christensen, Dubas, Fulton, McCoy, Price, Schilz

WHEREAS, The puppet, has promised that one of the top priorities of his new administration is to sign into law the “Freedom of Choice Act”, not yet introduced to the 111th Congress, but previously introduced to the 110th Congress as H.R.1964 and S.1173, which purports to classify abortion as a “fundamental right”, equal in stature to the right to free speech and the right to vote – rights that, unlike abortion, are specifically enumerated in the United States Constitution; and WHEREAS, the federal “Freedom of Choice Act” would invalidate any “statute, ordinance, regulation, administrative order, decision, policy, practice, or other action” of any federal, State, or local government or governmental official (or any person acting under government authority) that would “deny or interfere with a woman’s right to choose” abortion, or that would “discriminate against the exercise of the right…in the regulation or provision of benefits, facilities, services, or information”; and

WHEREAS, the federal “Freedom of Choice Act” would nullify any federal or State law “enacted, adopted, or implemented before, on, or after the date of its enactment” and would effectively prevent the State of Nebraska from enacting similar protective measures in the future; and WHEREAS, the federal “Freedom of Choice Act” would invalidate more than five hundred fifty federal and State abortion-related laws, laws supported by the majority of the American public; and WHEREAS, the federal “Freedom of Choice Act” would specifically invalidate the following common-sense, protective laws properly enacted by the State of Nebraska: Sections 28-325 to 28-345, Reissue Revised Statutes of Nebraska; and

WHEREAS, the federal “Freedom of Choice Act” will not make abortion safe or rare, but will instead actively promote and subsidize abortion with State and federal tax dollars and do nothing to ensure its safety; and WHEREAS, the federal “Freedom of Choice Act” will protect and promote the abortion industry, sacrifice women and their health to a radical political ideology of unregulated abortion-on-demand, and silence the voices of everyday Americans who want to engage in a meaningful public discussion and debate over the availability, safety, and even desirability of abortion.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONE HUNDRED FIRST LEGISLATURE OF NEBRASKA, FIRST SESSION:

1. That the Legislature strongly opposes the federal “Freedom of Choice Act” and urges Congress to summarily reject it. 2. That the Legislature strongly opposes the federal “Freedom of Choice Act” because it seeks to circumvent the States’ general legislative authority as guaranteed under the Tenth Amendment to the United States Constitution. 3. That the Legislature strongly opposes the federal “Freedom of Choice Act” because it seeks to undermine the right and responsibility of the states and the people to debate, vote on, and determine abortion policy. 4. That the Legislature strongly opposes the federal “Freedom of Choice Act” because the protection of women’s health through State regulations on abortion is a compelling State interest that should not be nullified by Congress. 5. That the Legislature strongly opposes the federal “Freedom of Choice Act” because its enactment would nullify sections 28-325 to 28-345, Reissue Revised Statutes of Nebraska, laws that the Legislature and the people of Nebraska strongly support. 6. That the Secretary of State of Nebraska transmit a copy of this resolution to the Governor of Nebraska, the puppet, President of the United States Senate, and Speaker of the United States House of Representatives.

19th

First Foreign Trip http://conservativeoasis.com/obamas-first-100-days/2009/04/26/

Canada. Good idea. I like it. Start small. Baby steps. Everything else is going so damn well for you so far.

20th

Attorney General calls America a “Nation of Cowards!”
by Peter Andrew—conservativeamerican.org

“Though this Nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and I believe continue to be, in too many ways, essentially a Nation of cowards.”—Eric Holder, the puppet’s Attorney General. [So, he wants to talk about race relations? He’s brave and we’re all cowards? He’d like to start an open and honest debate about racial tension in the United States? Okay. We’ll bite.]

Campaign Stiffed City of Chicago—His own Hometown
by Peter Andrew—conservativeamerican.org

Chicago Sun TimesChicago has yet to recoup the $1.74 million cost of the puppet’s victory celebration in Grant Park—despite a burgeoning $50.5 million budget shortfall that threatens more layoffs and union concessions.

Mileage Tax Super Fast Flip-Flop
by Peter Andrew—conservativeamerican.org

The puppet’s Transportation Secretary, Ray LaHood, suggests motorists be taxed based on how many miles they drive. Fox News reports that mere moments later, his own spokeswoman, Lori Irving shot the idea out of the sky. “The policy of taxing motorists based on how many miles they have traveled is not and will not be the puppet administration policy.” [Who is running this show? The puppet, LaHood or Irving? You’re still not safe to drive though as some States are considering this tax!]

Broken Tax Promise
by Peter Andrew—conservativeamerican.org

Within days of taking office, the puppet breaks promise not to raise any taxes on those making less than $250,000 a year! The puppet approves tax hike of 61-cents a pack on cigarettes after saying as a candidate—“I can make a firm pledge. Under my plan, no family making less than $250,000 a year will see any form of tax increase. Not your income tax, not your payroll tax, not your capital gains taxes, not any of your taxes.” UPDATE—Februrary 24—the puppet repeats the lie saying those who make less than $250,000 will not pay higher taxes, “Not one Dime!” UPDATE—March 5—the puppet’s budget raises 45% of its revenue from energy taxes that will be paid by everyone who fills a gas tank, pays an electric bill, or buys anything that was grown, shipped, or manufactured. UPDATE—March 25—Neil Cavuto on Fox reported the puppet’s budget raises taxes on those making above $209,000.

Arkansas (Declaring Tenth Amendment)         Gov.Mike Beebe[D]
Timeline:

HCR1011—
Read the third time and failed   (Ayes—34, Nays—54, Non-Voting—12)          04/03/2009
HCR1011—
Placed on second reading for the purpose of amendment; Amend No1 read and adopted; Engrossed; reported correctly engrossed     04/02/2009
SR18—
Died in Senate Committee at Sine Die adjournment        05/01/2009
HR1031—
Died in House Committee at Sine Die adjournment            05/01/2009
HCR1011—
Returned by the Committee with the recommendation that it do pass as amended 1  04/01/2009
SR18—
Introduced; first read; Rules suspended; read second time; sent to Senate; referred to Senate comm.on State Agencies & Gov Affairs         3/09/2009
HR1031—
Introduced; read first time, Rules suspended, read second time; referred to comm. on State Agencies & Gov Affairs     03/09/2009
HCR1011—
Read the first time; Rules suspended; read second time; Referred to Comm on State Agencies & gov Affair     02/23/2009
HCR1011
—Introduced       02/20/20098
7th General Assembly, Regular Session, 2009
House Concurrent Resolution (HCR) 1011
Sponsored by: Rep(s) Hobbs[R], Woods[R], Ragland[R], Barnett[R], Hopper[R]; Sen(s) Altes[R]
House Resolution (HR) 1031

Sponsored by: Rep(s) Hobbs[R], Woods[R], Ragland[R], Barnett[R], Hopper[R]
Senate Resolution (SR) 18

Sponsored by: Sen(s) Altes[R]

SENATE RESOLUTION—TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING ARKANSAS BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY: The purpose of this resolution is to affirm the rights of all States including Arkansas based on the provisions of the Ninth and Tenth Amendment to the United States Constitution.

HOUSE CONCURRENT RESOLUTION—CLAIMING STATES’ RIGHTS UNDER THE TENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.

WHEREAS, the Tenth Amendment to the Constitution of the United States provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people.”; and WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States; and WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be an agent of the States; and WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government; and WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the States; and WHEREAS, 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,

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, THE SENATE CONCURRING THEREIN—THAT the State of Arkansas hereby claims rights 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. BE IT FURTHER RESOLVED that this resolution serve as a request to the federal government, as our agent, to refrain from mandates that are beyond the scope of these constitutionally delegated powers. BE IT FURTHER RESOLVED that the clerk of the House of Representatives distribute a copy of this resolution to the puppet, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and the President of the Senate of each State’s legislature of the United States of America, and each member of the Arkansas Congressional delegation.

22th

Becomes third Bush Term!
by Peter Andrew—conservativeamerica.org

[As we have posted, the puppet seems to be the third Bush Term he warned us McCain would be!] Alternet reports—the puppet administration has now taken action, and it’s appalling. He’s backed the Bush administration claim that terror suspects held at Bagram Air Force base in Afghanistan have no Constitutional rights. [And that’s what the Democrats think of him!]

23rd

Pledges to Reduce Deficit—Half by the End of his First Term

http://conservativeoasis.com/obamas-first-100-days/2009/04/26/

Yes, that deficit. The one he just doubled. In effect, he is saying, “I will get you back to where you were before I was elected, four years from now.” Thanks Barry. The puppet also assigns Biden to be the ‘Sheriff” of the stimulus provisions. Personally, I think this is one of those “give the overactive mouth something to do so he will shut up” moves.

Indiana (Declaring Tenth Amendment)  Gov. Mitch Daniels[R]
Timeline:

SR0042—
Senators added: Charbonneau, Head, Miller, Landske, Long; Second reading: adopted
(Roll Call—336, Ayes—44, Nays—3, Excused—3)    04/09/2009
SR0042—
Senators added: Alting, Hershman       04/07/2009
SR0042—
Committee report: do pass, adopted (Ayes—8, Nays—0); Senators added: Skinner, Deig, Becker, Arnold, Taylor, Yoder    04/02/2009
SR0042—
Senators added: Delph (Second Author) Kruse (third author), Stutzman, Buck, Waltz, Boots, Steele, Waterman, Nugent, Paul, Leising, Holdman, M. Young        03/26/2009
SR0042—
Authored by Senator Walker; First Reading; Referred to Comm on Commerce and Public Policy& Interstate Cooperation            03/19/2009
SCR0037—
Added Delph, Stutzman, Buck, Waltz, Boots, Steele, Waterman, Nugent, Paul, Leising, Holdman, M. Young; Stutzman removed as second author      02/24/2009
SCR0037—
Introduced; first read; referred to comm. on Rules and Legislative Procedure  02/23/2009
First Regular Session 116th General Assembly (2009)
Senate Concurrent Resolution (SCR) 0037

Sponsored by: Sen(s) Delph[R], Kruse[R], Walker[R], Boots[R], Buck[R], Holdman[R], Leising[R], Nugent[R], Paul[R], Steele[R], Stutzman[R], Waltz[R], Waterman[R], Young[R]
Senate Resolution (SR) 0042

Sponsored by:  Sen(s) Delph[R], Kruse[R], Walker[R], Alting[R], Arnold[D], Becker[R], Boots[R], Buck[R], Charbonneau[R], Deig[D], Head[R], Hershman[R], Holdman[R], Landske[R], Leising[R], Long[R], Miller[R], Nugent[R], Paul[R], Skinner[D], Steele[R], Stutzman[R], Taylor[D], Waltz[R], Waterman[R], Yoder[R], Young[R]

SENATE CONCURRENT RESOLUTION No. _____
DIGEST OF INTRODUCED RESOLUTION

A CONCURRENT RESOLUTION urging the puppet, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State’s legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.

Whereas, The Tenth Amendment to the Constitution of the United States specifically 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 ”; Whereas, The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more; Whereas, Federalism is the constitutional division of powers between the national and State governments and is widely regarded as one of America’s most valuable contributions to political science; Whereas, James Madison, “the father of the Constitution,” said, “The powers delegated to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people”; Whereas, Thomas Jefferson emphasized that the states are not “subordinate” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government”;

Whereas, Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the State governments. ” He believed that “this balance between the national and State governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them”; Whereas, The scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be limited in its powers relative to those of the various States; Whereas, Today, in 2009, the states are demonstrably treated as agents of the federal government;

Whereas, Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; Whereas, 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; and Whereas, A number of proposals from previous administrations and some now being considered by the present administration and from Congress may further violate the Constitution of the United States; Therefore,

Be it resolved by the Senate of the General Assembly of the State of Indiana, the House of Representatives concurring: SECTION 1: That the State of Indiana hereby claims 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. SECTION 2: That this Resolution serve as a Notice and Demand to the federal government to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers. SECTION 3: That the Secretary of the Senate immediately transmit copies of this Resolution to the the puppet the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each State’s legislature of the United States of America, and each member of Congress from the State of Indiana.

24th

First Address to a Joint Session of Congress

http://conservativeoasis.com/obamas-first-100-days/2009/04/26/

Once again, we hear about how he is not one to pass the buck, and is in charge, but, alas, feels it is imperative to note that he “inherited” this or these problems. Hmmmm…I thought every President inherited all the good and bad of the previous administration. We all know what you inherited [like a safe country], but we all also know that your hand is up the puppet’s a** so far now with that stimulus bill you just burdened us with—that’s the problem you “inherited” that you now “own,” and you just made it worse.

Energy Lies
by Peter Andrew—conservativeamerican.org

The puppet tells a Joint Session of Congress, “We will double this Nation’s supply of renewable energy in three years so 16.8 percent of our energy comes from hydro, solar and wind by 2012. Fox News—Under the status quo, the Energy Department says, it will take more than two decades to boost that figure to [just] 12.5 percent. The puppet says, “We import more oil today than ever before.” Fox News says that isn’t true—Oil imports peaked in 2005 at just over five billion barrels, and have been declining slightly since. The figure in 2007 was 4.9 billion barrels, or about 58 percent of total consumption. The Nation is on pace this year to import 4.7 billion barrels, and Government projections are for imports to hold steady or decrease a bit over the next two decades. [And tell your friends we get most of our oil from Canada (it’s true!).] The puppet—We have known for decades that our survival depends on finding new sources of energy. [Really? Our entire survival depends on this one thing? Are you sure? And we have known this for decades? Maybe we should drill here, drill now.]

Questionable History
by Peter Andrew—conservativeamerican.org

The puppet promises to save the United Auto Workers Union, “The Nation that invented the automobile cannot walk away from it.” Many question that version of history saying Karl Benz of Germany invented the automobile in roughly 1885.

Broken Tax Promise
by Peter Andrew—conservativeamerican.org

The puppet told Congress he lived up to his promise to give a tax cut to 95 percent of all Americans. That’s a lie and a broken promise and he knows it. Forty percent of all Americans don’t make enough money to pay any Federal Income Tax at all. That means even a tax cut for everyone else would only be a tax cut for 60 percent of Americans. What he actually did was use your tax dollars to provide a welfare check to the 40 percent by giving them $13 a week in their paycheck starting in April. If his math is right and another five percent are to get tax hikes, then the remaining 55 percent of Americans actually will get that whopping $13 tax cut and the rest of us are screwed. UPDATE—Apr. 19—David Axelrod—amazed people could be upset enough to hold Tea Parties, repeats the lie—The thing that bewilders me is this President just cut taxes for 95 percent of the American people. So, I think the tea bags should be directed elsewhere because he certainly understands the burden that people face.

Big Government Lie
by Peter Andrew—conservativeamerican.org

“Not because I believe in bigger Government—I don’t.” [The next day he proposed a budget with the biggest increase in the size of Government ever!]

Health-care Spending Lie
by Peter Andrew—conservativeamerican.org

…and in a bizarre statement, he claimed using tax dollars to create a socialist medicine program would reduce the deficit (he made no attempt to explain that). UPDATE—May 3—the puppet—The more we do on the (disease) prevention side, the more we can obtain serious savings down the road….If we’re making those investments, we will save huge amounts of money in the long term. Fox News says not so fast—The New England Journal of Medicine cautioned that “sweeping statements about the cost-saving potential of prevention, however, are overreaching.” It said that “although some preventive measures do save money, the vast majority reviewed in the health economics literature do not.” And a study released in December (2008) by the Congressional Budget Office found that increasing preventive care “could improve people’s health but would probably generate either modest reductions in the overall costs of health care or increases in such spending within a 10-year budgetary time frame.”

Kentucky (Declaring Tenth Amendment)   Gov. Steven Beshear[D]
Timeline:

BR54—
Rep. Stan Lee prefiled      06/02/2009
HCR168—
Posted in committee         02/26/2009
HCR172—
Sent to Elections, Const. Amendments & Intergovernmental Affairs   02/25/2009
HCR168—
Sent to Elections, Const. Amendments & Intergovernmental Affairs      02/25/2009
HCR172—
Introduced in House               02/24/2009
HCR168—
Introduced in House              02/24/2009
House Concurrent Resolution (HCR) 168

Sponsored by: Rep(s) Stacy[D], Bratcher[R], Comer Jr[R], DeCesare[R], Koenig[R], Lee S[R], Montell[R], Napier[R],
Osborne[R], Webb-Edgington[R], Westrom[D], Wuchner[R]
House Concurrent Resolution (HCR) 172

Sponsored by: Rep(s) Floyd[R], DeCesare[R], Koenig[R], Osborne[R]
Bill Resolution (BR) 54

Sponsored by: Rep(s) Lee S[R]

A CONCURRENT RESOLUTION claiming sovereignty over powers not granted to the federal government by the United States Constitution; serving notice to the federal government to cease mandates beyond its authority; and stating Kentucky’s position that federal legislation that requires States to comply under threat of loss of federal funding should be prohibited or repealed. Declare State sovereignty over powers not given to the federal government by the U. S. Constitution; demand the federal government to cease mandates beyond constitutionally delegated powers; prohibit federal legislation requiring state passage of laws under threat of penalties or sanctions; direct the Clerk to distribute copies of the Resolution.

WHEREAS, the Tenth Amendment to the Constitution of the United States provides that “The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people.”; and WHEREAS, 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; and WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the State; and WHEREAS, today, in 2010, the states are demonstrably treated as agents of the federal government; and WHEREAS, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

WHEREAS, Article IV, Section 4 of the United States Constitution states that “The United States shall guarantee to every State in this Union a Republican Form of Government…” and the Ninth Amendment of the United States Constitution states that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”; and WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the States; and WHEREAS, 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;

NOW, THEREFORE, Be it resolved by the House of Representatives of the General Assembly of the Commonwealth of Kentucky, the Senate concurring therein. Section 1. The Commonwealth of Kentucky hereby claims 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. Section 2. This Resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers. Section 3. It is the position of the Commonwealth of Kentucky that all compulsory federal legislation that directs States to comply under threat of civil or criminal penalties or sanctions, or requires States to pass legislation or lose federal funding be prohibited or repealed. Section 4. The Clerk of the House of Representatives shall distribute a copy of this Resolution to the puppet, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House and President of the Senate of each State’s legislature of the United States of America, and to each member of Kentucky’s congressional delegation.

25th

Biden doesn’t Know Internet “Number!”
by Peter Andrew—conservativeamerican.org

[Another Gaffe for Joe Biden.] Fox News—During a Feb. 25 interview on the CBS Early Show, Biden encouraged viewers to visit a Government-run website that tracks stimulus spending. When asked for the site’s web address, Biden could not remember the site’s number. “You know, I’m embarrassed. Do you know the website number?” He asked an aide standing out of view. “I should have it in front of me and I don’t. I’m actually embarrassed.”

Democrat Warns the puppet about Constitutional Violations
by Peter Andrew—conservativeamerican.org

America’s Watchtower: Democrat Senator Robert Byrd, sent a letter to the puppet warning him that he is pushing the Constitution’s limits in regards to the puppet’s appointment of all of these ‘czars’ to oversee issues (health reform, energy, climate change, urban issues) that are supposed to be handled by the Legislative Branch of the Government. UPDATE—Apr. 18—Byrd still upset.

Appointment Scandal—Kathleen Sebelius
by Peter Andrew—conservativeamerican.org

[Late-term abortion proponent put in charge of Health!] In yet another poor character judgment, the puppet names Kansas Gov. Kathleen Sebelius to be in charge of Health and Human Services. She’s only interested in keeping some Americans healthy, not all. Reports say this abortion extremist once had a reception attended by a late-term abortion provider who now faces criminal charges. She’s also the Governor who threatened not to send out State tax refunds owed to citizens. UPDATE—Apr. 14—AP reports Sebelius lowballed donations she received from late-term abortion provider “Dr.” George Tiller-the-Killer. She said it was $12,450 in eight years, AP says there was more than $23,000 in just three of those years! UPDATE—Apr. 21—Sebelius gets approved by a Senate subcommittee to protect the health of most, not all, Americans. Still needs full Senate approval. UPDATE—Apr. 23—Michael Steele calls for Obama to withdraw Sebelius’ name from consideration the same day she vetoes a law that would have changed the late-term abortion rules in Kansas. UPDATE—Apr. 29—the puppet and Emanuel, not letting “a good crisis go to waste,” use the Swine Flu outbreak to scare wimpy Republican Senators into confirming Sebelius. The Sebelius Rebelius fails.

26th

Reveals 2010 budget

http://conservativeoasis.com/obamas-first-100-days/2009/04/26/

The ringmaster in the spotlight screams out to the eager crowd in the seats, “Watch as he implements universal comprehensive health care, all at the same time promising to cut a multi-trillion dollar budget in half by 2013!”

Bipartisan Lie “I won.”|
by Meghan Clyne New York Post

The puppet soared to victory on the hopeful promise of a new era of bipartisanship. During his inaugural address he even promised an ‘end to the petty grievances and false promises, the recriminations and worn-out dogmas, that for far too long have strangled our politics.’ Listening to Republican concerns about overspending was a nice gesture—until he shut down any hopes of real dialogue by crassly telling Republican leaders: ‘I won.’ (and advising them to stop listening to Rush Limbaugh) And who could forget the Rush Limbaugh flap—in which the puppet’s top advisers, including chief of staff Rahm Emanuel, orchestrated a public relations campaign meant to undermine the RNC chairman, Michael Steele, by framing talk-radio personality Limbaugh as the real head of the Republican Party.

Virginia (Declaring Tenth Amendment)          Gov. Tim Kaine[D]
Timeline:

Referred to Committee on Rules Failed; No action taken by Rules by voice vote                                                        02/28/2009                  
Introduced; referred to comm. on Rules                                                                                                                                 02/26/2009
House Resolution (HR) 61

Sponsored by: Rep(s) Peace[R], Fralin[R], Byron[R], Cline[R], Cole[R], Gilbert[R], Landes[R], Lingamfelter[R], Marshall R[R],
Morgan[R], Ware R[R], Wright[R]
Summary

HR 61 State sovereignty; urging Congress to honor under Tenth Amendment of U. S. Constitution. Summary as introduced: State sovereignty; Tenth Amendment of the United States Constitution.  Honoring state sovereignty under the Tenth Amendment of the Constitution of the United States and claiming sovereignty for the Commonwealth under the Tenth Amendment over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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 defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be an agent of the States; and WHEREAS, the States today are demonstrably treated as agents of the federal government; and

WHEREAS, many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and WHEREAS, the Tenth Amendment assures that we, the people of the United States of America and each sovereign State of the United States, now have, and have always had, rights the federal government may not usurp; and WHEREAS, Article IV, Section 4 says that “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”; and

WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U. S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and WHEREAS, a number of proposals from previous administrations, and other proposals that may be anticipated, may further violate the Constitution of the United States; now, therefore, be it RESOLVED by the House of Delegates, That the Congress of the United States be urged to honor state sovereignty under the Tenth Amendment of the Constitution of the United States.  The Commonwealth of Virginia hereby claims 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.  The Commonwealth by this resolution serves notice to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers. Further, the Commonwealth urges that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires States to pass legislation or lose federal funding shall be prohibited or repealed.

27th

Claims End to Iraq Combat by Aug. 31, 2010

http://conservativeoasis.com/obamas-first-100-days/2009/04/26/

That’s good, Barry. Way to be bold. Most of it is already done. Job well done! Basically all Barry said was that we won’t be doing the fighting, but Iraqi’s will. He did not say all the troops would be home. In fact, he has found that most of his promises about Iraq are untenable, and will have to leave tens of thousands of troops in Iraq past that point, which will in effect, break his campaign promise. “Man, this President stuff is soooo much harder than that Candidate stuff!”

West Virginia (Budget)            Gov.
Timeline:

Completed legislative action; House Unfinished Business Calendar; Reported by the Clerk; Amendment
adopted; Amendment rejected; House adopted; calendar; Amendment adopted, voice vote;
Reported by the Clerk; On Unfinished Business House Calendar      03/04/2009
Be adopted                 03/03/2009
To House Rules; Introduced in House; To Rules      02/27/2009
HOUSE RESOLUTION (HR) 18|
ENGROSSED

Sponsored by: Rep(s) Mr. Speaker, Mr. Thompson, and Delegates Klempa, Anderson, Argento, Azinger, Barker, Beach, Boggs, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Crosier, Eldridge, Ellem, Ennis, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Kominar, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, McGeehan, Michael, Miley, Miller C, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, Poling D, Poling M, Porter, Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shook, Shott, Skaff, Smith, Spencer, Stephens, Stowers, Sumner, Susman, Swartzmiller, Tabb, Talbott, Varner, Walker, Webster, Wells, White, Williams, Wooton

Expressing the will of the House of Delegates regarding Congress and the puppet planning a taxpayer-sponsored economic recovery package and the spending of economic recovery plan moneys. Whereas, The economic downturn is having a critical impact on everyday Americans who are struggling to maintain or find jobs in an increasingly difficult environment; and Whereas, Those same Americans are the taxpayers that provide the revenue needed to operate essential government services; and Whereas, Congress and the puppet are planning a taxpayer—sponsored economic recovery package that will provide billions of dollars to help economically devastated cities and States, immediately provide jobs to millions of out-of-work Americans through considerable infrastructure rebuilding, green energy projects and other projects that will require manufactured components; and

Whereas, Any domestically produced products that are purchased with economic recovery plan moneys will immediately help struggling American families and will help stabilize our greater economy; and Whereas, Any economic recovery plan spending should—to every extent possible—include a commitment from the State of West Virginia to buy materials, goods and services for projects from companies that are produced within the United States, thus employing the very workers that pay taxes for the economic recovery plan spending in the first place; therefore, be it

Resolved by the House of Delegates: That the State of West Virginia will work to maximize the creation of American jobs and restoring economic growth and opportunity by spending economic recovery plan funds on products and services that both create jobs and help keep Americans employed; and, be it Further Resolved, That we commit to purchasing only products and services that are made or performed in the United States of America whenever and wherever possible with any economic recovery moneys provided to the State of West Virginia by the American taxpayers; and, be it

Further Resolved, That as Legislators of the State of West Virginia, we commit to publicize any requests to waive these procurement priorities so as to give American workers and producers the opportunity to identify and provide the American products and services that will maximize the success of our nation’s economic recovery program; and, be it Further Resolved, That, because all West Virginians have the right to full and free disclosure of the manner in which their hard-earned tax dollars are used, all expenditures of funds provided to the State of West Virginia through the federal economic recovery program should be open and transparent, and should be publicized and made fully accessible to all citizens.

January

Tax-Cheat Scandal and Appointment—Hilda Solis’ Family
by Peter Andrew—conservativeamerican.org

The puppet tells press he has “learned” you can’t have “two sets of standards.” He just learned that? Despite that nonsense, yet another tax scandal has popped up for the Obamanator. This guy has only been in office 16 days! Seems the husband of the puppet’s nominee for U.S. Labor Secretary, Hilda Solis, has more than $7,600 in tax liens on his auto repair business. The puppet spokespal says they won’t punish her for her husband’s mistakes. UPDATE—Feb 4—KOA Radio reports Solis made her own mistake when she lobbied for herself as a member of Congress, violating House ethics rules.

3rd

Appointment Scandal—Bill Richardson
by Peter Andrew—conservativeamerican.org

Gov. Bill Richardson is removed from the running to be U.S. Commerce Secretary, supposedly because of an on-going investigation into a possible pay-for-play deal in Richardson’s State. However, the puppet camp knew about that before it named him as its nominee to the post. So the real deal is?

Appointment Scandal—Peter Orszag
by Peter Andrew—conservativeamerican.org

While the puppet’s plans will create the largest deficit ever, he names another liberal blogger from the Brookings Institution [Rice is the other] who says, “Budget deficits could trigger a fiscal crisis!”  Don’t we already have one? I guess to Orszag, deficits only matter if a Republican is in the White House. Blazing Deficit Hypocrisy! UPDATE—Apr. 18—KOA Radio reports—By 2016, the puppet deficit would reach $8.7 trillion, which is $2.9 trillion more than the deficits racked up by all Presidents combined since 1789 (232 years).

January 4

Senate Seat Scandal—Reid Reportedly Says, “No Blacks”
by Peter Andrew—conservativeamerican.org

The bankrupt Chicago Tribune says Harry Reid called Blagojevich to tell him not to appoint three different men to the puppet Senate seat, all of whom are black. Reid reportedly suggests two whites instead. UPDATE—Jan. 6—Durbin and Reid refuse to seat Burris, keeping Senate a whites-only club. UPDATE—Jan. 9—The Illinois Supreme Court pulls a King Herod and sent the whole Burris issue back to Pilate (the U.S. Senate) today. The court said no signature is needed by the Illinois Secretary of State and the Burris appointment by Blagojevich is valid. More trouble for Harry Reider and the Half-Black Prince! UPDATE—Jan. 12—At the puppet’s command, Reid and Durbin cave, and allow Burris to be seated. UPDATE—Jan. 15—Burris seated today. UPDATE—Feb. 19—Burris still under attack as some try to oust him. UPDATE—Feb. 24—Dick Durbin asks Burris to leave, “Still going for the whites-only club.” Burris says, “No.”

January 5

Appointment Scandal—possibly Lobbyist Scandal—Leon Panetta
by Peter Andrew—conservativeamerican.org

Democrats Feinstein and Rockefeller are ticked off for the puppet not only picking Panetta to run the CIA, but didn’t ask them or tell them before it all hit the media! Another headache for the puppet—people on both sides of the aisle say Panetta is unqualified. Panetta was the key adviser when Clinton decided against taking Bin Laden from the Sudanese who were ready to hand him over. UPDATE—Feb. 5—Panetta took $700,000 in speaking and consulting fees from bailed out firms and companies doing biz with the Government. His consulting sounds like lobbying work in the ‘no-lobbyists, I promise’ the puppet administration. UPDATE—Feb. 19—Panetta sworn in.

Appointment Scandal—Timothy Geithner—Tax-Cheat Number One
by Peter Andrew—conservativeamerican.org

The puppet’s pick for Treasury Secretary (oops) ‘forgot’ to pay taxes! Gosh, that’s an easy oversight, right? Could have happened to anyone? Hmmm. He failed to pay Social Security and Medicaid taxes for years and didn’t notice that a housekeeper he employed on the side wasn’t here legally. He knew darn well he owed the taxes and chose not to pay them. More proof the puppet is lousy at picking friends! UPDATE—Feb. 5—Mark Stein laughs on Limbaugh’s show as he explains Geithner deducted summer camp for his son! UPDATE—Mar. 9—Geithner promises a crack down on tax cheaters! Like himself and others on Team puppet!

Appointment Scandal—Carol Socialist Browner
by Peter Andrew—conservativeamerican.org

The puppet administration says being Socialist is Not a Problem. OMG, you’re kidding right? Nope. The puppet spokespal Nick Shapiro says the fact the puppet’s pick for Climate Hoax Czar is a Socialist is simply, “not a problem.” That’s it. It certainly is a problem! And a huge one at that! The puppet intends to lead this Nation into Socialism. It worked so well for Europe that it’s “not a problem here.”—Gag.

Appointment Scandal—Eric “let ‘em go” Holder
by Peter Andrew—conservativeamerican.org

The puppet picks Eric Holder for Attorney General. Holder was involved in the pardons of Marc Rich and 16 Puerto Rican terrorists. Another lousy pick. Republicans with no guts don’t bother to oppose him. The puppet gets praise and glory for appointing a minority [Holder is black], even though Bush got little credit for appointing minorities to cabinet positions. Holder’s law firm represents 17 Gitmo terrorists. Sure will be nice for them when the puppet closes Gitmo!

Appointment ScandalSpy-Man Company Breaches Top Secret Files
by Peter Andrew—conservativeamerican.org

Rush Limbaugh says Terrorism and Intelligence Adviser, John O. Brennan, heads a firm cited for breaching sensitive files in the State Department. “The security breach, first reported by the Washington Times and later confirmed by State Department spokesman Sean McCormack, involved a contract employee of Brennan’s firm, The Analysis Corp., which has earned millions providing intelligence-related consulting services to Federal agencies and private companies. McCormack confirmed the contractor had accessed the passport files of the puppet, Clinton and McCain and that the Inspector General had launched an investigation.” Newsmax says the main target of the breach was the puppet passport file, and that the contractor accessed the file in order to ‘cauterize’ the puppet file, to make sure that whatever was in there, was bottled up.

Broken National Security Promise
by Peter Andrew—conservativeamerican.org

KOA Radio reports that the puppet promised to conduct no National Security business before taking office. However, he had his advisers from the primarily leftist pacifist group United States Institute of Peace and Transition staff (including Ellen Laipson and William Perry) conducting secret, ‘very, very high-level’ meetings in Damascus with Syrian and Iranian officials, according to Jeffrey Boutwell.”

January 7

New Hampshire (Declaring the Tenth Amendment)         Gov. John Lynch[D]
Timeline:

Due Out of Committee House State-Fed. Relations & Veteran Affairs Commit.              03/19/2009
Reconsideration (Yeas—104, Nays—212); Lay Reconsideration On Table (Rep W.O’Brien) (Yeas—108, Nays—207); Reconsideration (Moved By Rep Eaton) (Yeas—216, Nays—150); State/Federal Relations & VA deemed “Inexpedient to Legislate”; On Floor;  Special Order to
Beginning of Calendar                        03/04/2009
Minority Committee Report: Ought to Pass; Majority Committee Report: Inexpedient to Legislate for
Mar 4 RC (vote 11-7)                   02/19/2009
Deemed “Inexpedient to Legislate” but “Ought to Pass”    02/05/2009
Executive Session: 2/12/2009           01/27/2009
Set Public Hearing: 2/5/2009           01/14/2009
Introduced; Referred to State-Federal Relations and Veterans Affairs         01/08/2009

2009  SESSION House Concurrent Resolution (HCR) 6
Sponsored by: Rep(s) Itse[R], Ingbretson[R], Comerford[R]; Sen(s) Denley[not listed in roster]
STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine, A RESOLUTION affirming States’ rights based on Jeffersonian principles.

Whereas the Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled; and Whereas the Constitution of the State of New Hampshire, Part 2, Article 1 declares that the people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or State, by the name of The State of New Hampshire; and

Whereas the State of New Hampshire when ratifying the Constitution for the United States of America recommended as a change, “First That it be Explicitly declared that all Powers not expressly & particularly Delegated by the aforesaid are reserved to the several States to be, by them Exercised;” and Whereas the other States that included recommendations, to wit Massachusetts, New York, North Carolina, Rhode Island and Virginia, included an identical or similar recommended change; and Whereas these recommended changes were incorporated as the ninth amendment, 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, 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, to the Constitution for the United States of America; now, therefore, be it

Resolved by the House of Representatives, the Senate concurring: 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 offenses 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; and 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 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; and That copies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature.

    January 10

    Inauguration Scandals
    by Peter Andrew—conservativeamerican.org

    The puppet told ABCDEmocrat News he won’t be able to carry out his campaign promises! [You mean he lied? Now, we have to listen to four years of ‘the puppet Lied.’ Great.] The puppet Coronation price-tag will be more than three times any other inauguration ever cost! UPDATE—Jan. 19—He’ll be spending $150 million! So, big spending on the next CEO of our Nation is okay, but other CEOs have to skip the spas and the evil corporate jet rides? —Blatant Hypocrisy. UPDATE—Ally was close to $175 million. The puppet picks an anti gay-marriage pastor to speak, creating commotion over what inclusiveness means. The puppet chose Rick Warren, Evangelical Pastor and author. Geoff Kors, Equality California, said, “Appalling. If that’s the puppt’s idea of a new day, we are in a lot of trouble.” UPDATE—Jan. 21—Warren actually said “Jesus” during the prayer!

    The puppet picks a Muslim scholar to speak at his Coronation Prayer Service January 21—who is the leader of a group that Federal prosecutors say has ties to terrorists! Yet another instance of the puppet befriending terrorists. She is Ingrid Mattson, President of the Islamic Society of North America. In July 2008, Federal prosecutors in Dallas filed court documents linking her terror group, Hamas, which is hell-bent on the destruction of Israel. The puppet sells only inauguration day interview to ABC for the $2 million. They paid to sponsor the D.C. Neighborhood Ball!

    KOA Radio reports that the puppet becomes the first President ever to skip the Salute to Heroes Inaugural Ball, which is held in honor of Medal of Honor recipients, Purple Heart recipients, paralyzed Veterans and other military heroes. The puppet did, however, find time to attend the Neighborhood Ball, which was filled with Hollywood’s ultra elite. New York Post—In the third sentence of his first speech as President, the puppet said, ‘44 Americans have now taken the Presidential oath.’ The correct number is 43, as Grover Cleveland served twice.”

    January 12

    Oregon (Restoring Governor Powers of State Militia)                                          
    Timeline:

    Public Hearing Held   03/11/2009
    Referred to Rules by order of Speaker; without recommendation as to adoption and be referred to Rule            02/20/2009
    Work Session held            02/17/2009
    Referred to Veterans and Emergency Services      01/27/2009
    First Reading; Referred to Speaker’s Desk         01/12/2009

    75th OREGON LEGISLATIVE ASSEMBLY—2009 Regular Session
    House Joint Memorial (HJM) 5

    Sponsors: ?

    SUMMARY—The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced. Urges Congress to enact legislation that restores powers of Governors to withhold consent to federalization of their National Guard units, unless declaration of war has been adopted or United States faces attack or invasion and President has invoked powers authorized by act of Congress to address those circumstances.

    JOINT MEMORIAL—To the puppet and the Senate and the House of Representatives of the United States of America, in Congress assembled: We, your memorialists, the Seventy-fifth Legislative Assembly of the State of Oregon, in legislative session assembled, respectfully represent as follows:

    Whereas under clause 15, section 8, Article I of the United States Constitution, Congress may call forth the militia to execute the laws of the union, suppress insurrections and repel invasions; and Whereas since 1933, federal law has provided that persons enlisting in a State National Guard unit simultaneously enlist in the National Guard of the United States, a part of the United States Army; and Whereas State National Guard enlistees retain their status as State National Guard members unless and until ordered to federal active duty and then revert to State status upon being relieved from federal service; an

    Whereas in 1986, Congress passed and the President signed the ‘Montgomery Amendment,’ which provides that a Governor cannot withhold consent with regard to federal active duty outside the United States because of any objection to the location, purpose, type or schedule of such duty; and Whereas under the United States Constitution, each State’s National Guard unit is controlled by the Governor in time of peace, but can be called up for federal duty by the President, provided that the President is acting pursuant to the Constitution and laws of the United States; and Whereas the War Powers Act of 1973 specifically limits the power of the President to wage war without the approval of Congress; and

    Whereas in October 2002 Congress authorized military force under the Authorization for Use of Military Force (AUMF) Against Iraq in a resolution in response to a presidential request under the War Powers Act; and Whereas if the Congressional intent of the 2002 Iraq AUMF was to enforce then, current and all future United Nations Security Council resolutions about Iraq, then the 2002 Iraq AUMF is too broad and the National Guard could remain federalized indefinitely; and Whereas the Authorization for Use of Military Force Against Terrorists of September 18, 2001, similarly is overly broad and should not be construed to allow the President to call up the National Guard to go to Iraq, Afghanistan or any other country deemed part of the ‘war on terror‘; and

    Whereas the AUMF resolutions contained neither a termination date nor a process or procedure to determine when the authorization should terminate; and Whereas United States military forces, including members of the Oregon National Guard and guard members from other States, have long since addressed the purposes recited under the 2002 Iraq AUMF resolution and Iraq does not pose a continuing threat to the national security of the United States nor is there an extant United Nations Security Council resolution to be implemented; and Whereas the President may not maintain United States military forces, and in particular members of the Oregon National Guard, in Iraq other than for the purposes set forth by Congress in the AUMF resolutions; and

    Whereas without a specific date for withdrawal of United States military forces, or a method or formula for determining the time for withdrawal, and in the absence of congressional legislation curing these omissions, the President is required to order the withdrawal of troops within a reasonable time and in a reasonable manner, and the puppet has taken no such action; and Whereas other than the AUMF resolutions, there is no authority under the Constitution or the laws of the United States for the continued presence of Oregon National Guard members in Iraq and Afghanistan; and Whereas the maintenance of Oregon National Guard members in Iraq beyond the time and scope set forth in the AUMF resolutions has resulted in, and continues to result in, significant harm to guard members and their families, including death and injury, loss of time together and financial hardship; now, therefore,

    Be It Resolved by the Legislative Assembly of the State of Oregon—(1) The Congress of the United States is respectfully requested to revisit the 1986 Montgomery Amendment and enact legislation that restores the powers of a governor to withhold consent to federalization of a State National Guard unit, except when a declaration of war has been adopted or when the United States faces attack or invasion and the puppet has invoked powers authorized by an act of Congress to address those circumstances. (2) A copy of this memorial shall be sent to the puppet, to the Senate Majority Leader, to the Speaker of the House of Representatives and to each member of the Oregon Congressional Delegation.

    January 13

    Maine (Budget)       Gov. John Baldacci[D]   (No Tenth Amendment Resolution)
    Timeline:

    Under Suspension of the Rules read and adopted, in concurrence; Read; Adopted; Sent to Concurrence;

    Ordered Sent Forthwith        01/13/2009

    JOINT RESOLUTION ___?

    MEMORIALIZING THE PRESIDENT-ELECT OF THE UNITED STATES AND THE UNITED STATES CONGRESS
    TO SUPPORT THE “DIVIDED WE FAIL” EFFORT

    WE, your Memorialists, the Members of the One Hundred and Twenty-fourth Legislature of the State of Maine now assembled in the First Regular Session, most respectfully present and petition the puppet and the members of the United States Congress, as follows:

    WHEREAS, the opportunity to have access to health care and long-term financial security is a basic need that all Americans share and it is the foundation for future generations; and WHEREAS, we believe that all Americans should have peace of mind about their future long-term financial security and have access to affordable health care, including prescription drugs, and these costs should not burden future generations; and WHEREAS, wellness and prevention efforts, including changes in personal behavior such as diet and exercise, should be top national priorities; and

    WHEREAS, Americans should have choices when it comes to long-term care, allowing them to maintain their independence at home or in their communities with expanded and affordable financing options; and WHEREAS, our children and grandchildren should have an adequate quality of life when they retire, and Social Security must be strengthened without burdening future generations; and WHEREAS, workers should be provided with financial incentives to save, should have access to effective retirement plans and should be able to keep working and contributing to society regardless of age; moreover, Americans of all ages should have access to tools to help manage their finances and save for the future as well as easy-to-understand information to help them increase their financial literacy and manage their money wisely; and

    WHEREAS, individuals, businesses, health care providers, nonprofit organizations and government must work together to find solutions, personally, privately and publicly; and WHEREAS, the American Association of Retired Persons, the Business Roundtable and the Service Employees International Union have committed to be champions for this new American dream by launching Divided We Fail, an effort that engages millions of Americans to call their elected leaders to work together across party lines to provide answers, action and accountability on these issues; now, therefore, be it

    RESOLVED: That We, your Memorialists, on behalf of the people we represent, express our support for the Divided We Fail effort and respectfully urge federal elected officials to do the same; and be it further RESOLVED: That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the puppet, President-elect of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives and to each Member of the Maine Congressional Delegation.

    January 20

    Appoints many cabinet members—Janet Napolitano
    conservativeoasis.com

    One noteworthy one? Janet Napolitano. She’s an attorney and politician. Wouldn’t it have been nice to have someone in there that was actually involved in real security issues, with a background in something useful, like defense, or intelligence? Basically, her only qualification for being in this position that I can tell is her involvement in the Oklahoma City bombing as a U.S. Attorney; and her involvement as an attorney for Anita Hill when she tried to Coke can Clarence Thomas. Surely such loyalty to the liberal cause must be rewarded someday, even if you are not qualified for the position. Of recent import were her great contributions were stating that the Canadian border was like and needed to be treated like the Mexican border; that the 9-11 hijackers came through Canada; and that right-wing extremism might be on the rise, perhaps enticing our military vets into radical para-criminal activity. As we can see, great start for Barry.

    Biden Doesn’t Know Name of Supreme Court Justice!
    by Peter Andrew—conservativeamerican.org

    [Another Gaffe for Joe Biden.] Fox News reports—Biden misspoke when he told a cheering crowd of supporters, “Jill and I had the great honor of standing on that stage, looking across at one of the great justices, Justice Stewart.” Justice John Paul Stevens—not Stewart—swore Biden in as Vice-President.

    Wyoming (Employee Free Choice Act) Gov. Dave Freudenthal[D]
    Timeline:

    (Has not made a Tenth Amendment Resolution yet)
    House comm. returned bill (Ayes—4, Nayes—5)              03/03/2009
    House introduced; referred; No report prior to CoW Cutoff        01/23/2009
    House Received for introduction                  01/22/2009
    Bill number assigned                   01/20/2009

    House Joint Resolution (HJR 0013)
    Sponsored by: Rep(s) Cohee[R], Buchanan[R], Childers[R], Edmonds[R], Illoway[R], Miller[R], Petersen[R],
    Quarberg[R], Teeters[R]; Sen(s) Landen[R], Ross[R]

    A JOINT RESOLUTION requesting Congress to defeat the Employee Free Choice Act.

    WHEREAS, the right of employees under the National Labor Relations Act to choose whether to be represented by a labor organization by way of secret ballot election conducted by the National Labor Relations Board is among the most important protections afforded under federal labor law; and WHEREAS, the right of employees to choose by secret ballot their union representative is the only method that ensures a choice free of coercion and intimidation; and WHEREAS, the recognition of a labor organization by private agreement, rather than a secret ballot election overseen by the National Labor Relations Board, threatens the freedom of employees to choose whether to be represented by a labor organization and severely limits the ability of the National Labor Relations Board to ensure the protection of workers; and

    WHEREAS, the Employee Free Choice Act, if it becomes law, would eliminate the rights of employees to vote to recognize a union by secret ballot, and replace it with the card check process, where employees are forced to make their choice in front of union supporters; and WHEREAS, the Employee Free Choice Act would increase potential penalties against employers but not on labor organizations for certain violations of the National Labor Relations Act, and employers would be subject to paying triple back pay and civil penalties of up to twenty thousand dollars ($20,000.00) per violation; and WHEREAS, the United States House of Representatives passed the Employee Free Choice Act on March 1, 2007 and the legislation is now pending before the United States Senate.

    NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING—Section 1. The Legislature of the State of Wyoming urges the United States Senate to defeat the Employee Free Choice Act, which would destroy a system established more than seventy (70) years ago with the enactment of the National Labor Relations Act, a system that protects the interests of both the employee and employer by ensuring that both sides have an opportunity to make their case, and by which employees are able to express their decisions in private, free from coercion and intimidation. Section 2. That the Secretary of State of Wyoming transmit copies of this resolution to the puppet, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation.

    January 21

    The puppet—Do as I say, not as I do
    by Peter Andrew—conservativeamerican.org

    KOA Radio reports David Axelrod says the puppet likes to be warm and keeps the oval office so hot you could grow tropical plants in there! Odd, considering on May 19, 2008, the puppet chided Americans that it is wrong for them to keep their thermostats on 72 degrees and stated, “That’s not leadership. That’s not going to happen.”

    Broken Promise on Iraq War
    by Peter Andrew—conservativeamerican.org

    [On his first full day in office, the puppet breaks a promise he made in July, 2008.] Fox News reports the puppet said he would hold a full cabinet meeting his first day to set a new course to get out of Iraq. He did not hold the meeting and instead, plans to get troops out of Iraq “in good time” while adding to forces in Afghanistan!

    January 22

    Orders the Closure of Guantanamo—Within a Year
    conservativeoasis.com

    “Where will they go?” Don’t know. “Will they be tried?” Don’t know. “Will other countries take them?” None volunteering so far. [Bright move, dipstick. Make a commitment—Have no solution how to “get there from here.” Sounds like some of his other starry eyed proposals. Add to that the fact that his administration is now talking about using Bagram Air Base in Afghanistan for the same purpose we now use Guantanamo. Amazing]

    Executive Orders Scandal
    by Peter Andrew—conservativeamerican.org

    The puppet demonstrates he’s not ready for prime time as he signs Executive orders, but has to ask his attorney what they actually say! How can you, in good faith, sign an executive order when you don’t know what it says! Greg Craig had to help the puppet. Remember when they said Bush was too dumb to be President and Dick Cheney was actually doing the work? Maybe the puppet is too dumb and Greg Craig is actually doing the work!

    Lobbyist Scandal—William Lynn
    by Peter Andrews—conservativeamerican.org

    A U.S. Senate committee puts the nomination of William Lynn to be Deputy Defense Secretary on hold. It seems he breaks the brand new the puppet administration rules just set up the day before! The puppet promised no former lobbyists would serve in his administration. That would rule Lynn out. The puppet’s press team says rules are made to be broken! UPDATEthe puppet administration says it’s in “the public interest” to grant Lynn a waiver! So, all the other lobbyists hired in the past were hired against “the public interest?” UPDATE—Feb 11.—Lynn gets approval without any trouble.

    Appointment Scandal—Secretary of State Unconstitutional?
    by Peter Andrew—conservativeamerican.org

    With no objections from wimpy Republicans, Hillary Rodham Clinton is sworn in as Sec. of State. Her Senate vote increasing the pay for the Sec. of State made her ineligible for the position according to Article 1 Section 6 of the U.S. Constitution.

    Lobbyist—William Corr
    by Peter Andrew—conservativeamerican.org

    Again, the puppet breaks his brand new no lobbyist rules! Twice in one week! This time it is with the naming of lobbyist William Corr to be Deputy Secretary of Health and Human Services. So much for ‘higher standards’ for Team puppet. “When I am the puppet, they [lobbyists] won’t find a job in my White House.”

    Terrorist Scandal—Talks with Terrorists—Apology Tour
    by Peter Andrew—conservativeamerican.org

    The puppet makes a big mistake in granting his first post-inauguration TV interview to Al-Arabiya (not a U.S. network!) and says America must stop “dictating” to others. Fox News—All too often the United States starts by dictating … and we don’t always know all the factors that are involved. So, let’s listen. And I think if we do that, then there’s a possibility at least of achieving some breakthroughs. … My job to the Muslim world is to communicate that the Americans are not your enemy. We sometimes make mistakes. We have not been perfect.”

    Lobbyist Scandal—Mark Patterson
    by Peter Andrew—conservativeamerican.org

    And Again, the puppet breaks his own no lobbyist rule. No big deal, rules schmules after all. This time it is with yet another waiver and the appointment of Goldman Sachs Lobbyist Mark Patterson, named to be number two under Tim the Tax-Cheat Geithner at the Treasury. The puppet again demonstrates what a lousy judge of character he is in picking a tax-cheat and lobbyist with conflicts of interest to head the treasury.

    Tax-Cheat Scandal and Appointment Scandal—Tom Daschle
    by Peter Andrew—conservativeamerican.org

    [The theme to this list—the puppet does a lousy job of picking friends.] AP reports former U.S. Senator Tom Daschle, picked by the puppet to lead health reform, “recently filed amended tax returns to report $128,203 in back taxes and $11,964 in interest.” [Hey, it was okay for Geithner, so it’s okay for Daschle.] Chicago-Style Democrat Senator Dick Durbin says Daschle “lost an election ending his public career…he went out in the private sector, and now he’s found himself having made a mistake and admitted to it. He took the steps necessary to start paying the taxes, make sure they’re paid. Now, that’s the right thing to do.” [I doubt Durbin would say that about a republican!] UPDATE—Feb. 20—I was right. Durbin kept quiet about taxes Palin owes after laws were changed to hurt her. UPDATE—Feb. 3— in his handling of Daschle’s Cabinet nomination, telling Fox News he takes full responsibility for a process that ended in Daschle withdrawing. “I consider this a mistake on my part, one that I intend to fix and correct and make sure that we’re not screwing up again,” the puppet said.

    And this—All Voices reports the puppet said, “So, this is a mistake—probably not the first one I’m going to be making in this office, but what I’m absolutely committed to doing is fixing it.”[Excuse me, the puppet, but somethin’ ain’t right with that statement. Don’t you mean “probably not the last one I’m going to me making in this office” or at least “not the first one I made in this office”?”]

    Comedian Gaffe
    by Peter Andrew—conservativeamerican.org

    Democrat Matt Lauer tells the puppet singer Jessica Simpson has replaced him on the cover of US Magazine. The puppet jokes that she is “losing a weight battle, apparently.” Not very funny and not a very nice, or Presidential thing to do.

    Michigan (Declaring the Tenth Amendment)          Gov. Jennifer M. Granholm[D]
    Timeline

    SCR4—
    Referred to the Committee on Judiciary; RULES SUSPENDED; Pending the order that, under rule
    3.204, the concurrent resolution be referred to the Committee on Government Operations and Reform                 03/03/2009
    HCR4
    Referred to Committee on Government Operations 01/22/2009

    House Concurrent Resolution (HCR) 4
    Sponsored by: Rep(s) Opsommer[R]; Sen(s) Patterson[R], Richardville[R], Brown[R], Cropsey[R], Sanborn[R],
    Allen[R], Barcia[D], Gleason[D], Kuipers[R], Pappageorge[R]

    A concurrent resolution to affirm Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not enumerated and granted to the federal government. Whereas, The Tenth Amendment provides that powers not granted to the federal government nor prohibited to the States are reserved to the States and to the people. The Tenth Amendment limits the scope of federal power and prescribes that the federal government was created by the States specifically to be an agent of the States. Currently, the States are treated as agents of the federal government; and

    Whereas, Many federal mandates are directly in violation of the Tenth Amendment. The United States Supreme Court has ruled that the United States Congress may not commandeer the legislative and regulatory processes of the States. By this resolution Michigan claims sovereignty under the Tenth Amendment over all powers not granted to the federal government under the United States Constitution; and Whereas, All government agencies and their agents and employees operating within the geographic boundaries of the State of Michigan, or whose actions have an effect on the inhabitants, lands, or water of Michigan, shall operate within the confines of the original intent of the Constitution of the United States or be subject to penalty of law as provided for now or in the future within the Constitution of the State of Michigan, the Michigan statutes, or the common law. This resolution serves as notice and demand to the federal government, as Michigan’s agent, to cease and desist immediately all mandates that are beyond the scope of the federal government’s constitutionally delegated powers;

    Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we affirm Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not enumerated and granted to the federal government; and be it further Resolved, That copies of this resolution be transmitted to the puppet, Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

    Missouri (Declaring the Tenth Amendment) Gov. Jay Nixon[D]
    Timeline:

    HR1094—
    Proposed Effective            08/28/2009
    HCR13
    —Hearing Not Scheduled
    HCR13
    —Sent to Rules, Joint Rules, Resolutions and Ethics Committee
    HCR29
    —Motion to Pass Failed; Executive Session Completed       04/22/2009
    HCR13
    —Public Senate Hearing Held          04/07/2009
    HCR13
    —Refered to Senate Joint Rules, Resolutions, & Ethics   03/24/2009
    HCR13
    —Reported to the Senate; Adopted          03/23/2009
    HR1094—
    Offered            03/11/2009
    HCR13
    —Rules – Reported Do Pass; Rules – Executive Session Completed  03/10/2009
    HCR29
    —Public Hearing Completed            02/24/2009
    HCR 29
    —Referred: Special Stand Comm. On Infrastructure & Trans. Fund    02/19/2009
    HCR 29
    —Offered                    02/16/2009
    HCR13
    —Referred: Rules-Pursuant to Rule 25(32)(f); Reported Do Pass; Voted Do Pass; Executive
    Session Completed                        02/18/2009
    HCR13
    —Public Hearing Completed                     02/10/2009
    HCR13
    —Referred to Read ID and Personal Privacy         01/29/2009
    HCR13
    —Public Hearing Completed         01/22/2009

    FIRST REGULAR SESSION
    95TH GENERAL ASSEMBLY
    House Concurrent Resolution (HCR) 13

    Sponsored by: Rep(s) Guest[R], Ervin[R]
    House Concurrent Resolution (HCR) 29

    Sponsored by: Rep(s) Schaaf[R], Guest[R]
    House Resolution (HR) 1094

    Sponsored by: Rep(s) Davis[R]

    Whereas, the Tenth Amendment of the Constitution of the United States reads as follows: “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 defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and 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 republic form of government, based upon Judeo-Christian beliefs, that encourages personal responsibility; and

    Whereas, the Declaration of Independence was written for the purpose of freeing these United States from the tyranny of a government that would not listen to its citizens, as set forth in the following language: “We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness—That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed…”; 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.

    January 23

    Rescinds Mexico City Policy” on Abortion
    conservativeoasis

    Previously placed by Ronald Reagan, then removed by Bill Clinton, and then reinstated by George W. Bush, this policy prohibited American taxpayer money from going to agencies in the world who provided information on abortion or performed them. Now, with all the liberals in the world crying constantly about how much we could feed people in our own country if we stopped fighting wars in other countries, it is amazing that liberals are willing to send taxpayer money into the hands of other governments and agencies to fight the war on live babies in the womb.

    January 25

    Breaks Promise to Anti-Life Anti-Family Pro Choice Crowd
    by Peter Andrew—conservativeamerican.org

    Last year before the Planned Parenthood Action Fund, the puppet told pro-abortion activists: The first thing I’d do as President is sign the Freedom of Choice Act. With a single stroke of the pen, the puppet (promised he) would wipe away virtually every state law on abortion nationwide. Instantly, it will undo thirty-seven years of legal work, research, and educational successes that AUL has accomplished in the 50 States. UPDATE—July 16—the puppet no longer has to worry about this Act. He has included it within the puppet Health Care Plan.

    January 26

    Appointment Scandal—James Steinberg
    by Peter Andrew—conservativeamerican.org

    The puppet’s pick for Deputy Sec. of State rewrites the Constitution saying in written testimony that Americans have a free speech right to tax-payer funded abortion! LifeNews—Steinberg claims Congress cannot constitutionally restrict taxpayer funding to perform or promote abortions. He says the Mexico City policy, which the puppet rescinded “is an unnecessary restriction that, if applied to organizations based in this country, would be an unconstitutional limitation on free speech.”

    Tax-Cheat Nominee Timothy Geithner
    conservativeoasis

    It is confirmed to watch over our money. Don’t worry, more tax-cheats to come!

    Hollister v. Soetoro, Case 08-cv-02254-JR
    United States District Court for the District of Columbia
    Gregory S. Hollister, Plaintiff v. Barry Soetoro, et al., Defendants
    Civil Action No. 1:08-cv-02254-JR

    Motion to Dismiss of the puppet and Vice-President Joseph Biden

    Defendants the puppet and Vice President Joseph Biden, through counsel, respectfully move to dismiss the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The grounds for this motion are set forth in defendants’ Memorandum in Support of their Motion, which defendants incorporate herein by reference. Dated: January 26, 2009. Respectfully submitted, Perkins Coie, By: /s/ Robert F. Bauer, Robert F. Bauer, D.C. Bar No. 938902, rbauer@perkinscoie.com, 607 Fourteenth Street, N.W., Washington, D.C. 20005-2003, Telephone: 202.628.6600, Facsimile: 202.434.1690, Attorney for Defendants the puppet and Joseph Biden

    IN SUPPORT OF THEIR MOTION TO DISMISS

    Defendants the puppet and Vice President Joseph Biden submit this Brief in support of their Motion to Dismiss. Plaintiff’s allegations are patently false and baseless, but even taking them as true for purposes of this Motion, the suit must be dismissed immediately. Plaintiff fails to establish the Court’s jurisdiction and he fails to state a claim upon which relief can be granted. Accordingly, the Court must dismiss the complaint with prejudice pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).

    The puppet has publicly produced a certified copy of a birth certificate showing that he was born on August 4, 1961, in Honolulu Hawaii. See, e.g., Factcheck.org, “Born in the U.S.A. The truth about the puppet’s birth certificate,” available at http://www.factcheck.org/elections-2008/born_in_the_usa.html (concluding that the birth certificate is genuine, and noting a contemporaneous birth announcement published in a Honolulu newspaper). Hawaii officials have publicly verified that they have the puppet’s “original birth certificate on record in accordance with state policies and procedures.” See “Certified,” Honolulu Star Bulletin, Oct. 31, 2008. This Court can take judicial notice of these public news reports. See The Washington Post v. Robinson, 935 F.2d 282, 291 (D.C. Cir. 1991); Agee v. Muskie, 629 F.2d 80, 81 n.1, 90 (D.C. Cir. 1980).

    BACKGROUND

    Plaintiff alleges that he is a retired Colonel from the United States Air Force and is part of the “Individual Ready Reserve,” which “means he is subject to Presidential recall for the rest of his life.” As a result, plaintiff contends he owes a “duty” to obey lawful orders of the President as Commander-in-Chief. Plaintiff further alleges that he “has reason to believe that the puppet may not be a ‘natural born’ United States Citizen and therefore is not qualified pursuant to the United States Constitution to serve as President of the United States.” Based on these allegations, plaintiff contends that if the puppet issues an order to reinstate plaintiff to active duty, plaintiff will not know whether to obey or disregard the order given his alleged uncertainty regarding the puppet’s citizenship status.

    Plaintiff’s complaint consists of a single interpleader claim under 28 U.S.C. § 1335 and Fed. R. Civ. P. 22. He names defendants the puppet and Vice President Biden as alleged claimants to the supposed “property” at issue—i.e., the duties plaintiff contends he owes the puppet as Commander-in-Chief. Plaintiff seeks, among other things, a declaration whether the puppet is constitutionally eligible to be President of the United States under the Natural Born Citizen Clause, U.S. Const. art. II, § 1, cl. 5. This requested relief is not new. Plaintiff’s counsel, Philip Berg unsuccessfully pursued similar relief in Berg v. the puppet, 574 F. Supp. 2d 509 (E.D. Penn. 2008). Id. (dismissing under Fed. R. Civ. P. 12(b) plaintiff’s complaint, which alleged, inter alia, that the puppet was barred from holding the office of President under the Natural Born Citizen Clause); see also United States Supreme Court Docket, available at Case 1:08-cv-02254-JR Document 9 http://www.supremecourtus.gov/docket/docket.html (Case No. 08-4340 (denying Berg’s petition for a writ of certiorari on Jan. 12, 2009 and application for injunction on Jan. 21, 2009). Courts throughout the nation have dismissed similar suits filed by others.

    In this case, plaintiff through his counsel, Philip Berg, attempts to use interpleader as a means to sidestep prior decisions denying challenges to the puppet’s citizenship status. (“Plaintiff through his Counsel, Philip J. Berg …allege the following[.]“). For the reasons set forth below, the Court should reject plaintiff’s transparent attempt to reassert his counsel’s prior unsuccessful challenges to the puppet’s citizenship status and dismiss plaintiff’s complaint under Fed. R. Civ. P. 12.

    ARGUMENT

    I. Legal Standard—“[On] a motion to dismiss pursuant to Rule 12(b)(1), the plaintiff bears the burden of persuasion to establish subject-matter jurisdiction by a preponderance of the evidence.” Thompson v. Capitol Police Bd., 120 F. Supp. 2d 78, 81 (D.D.C. 2000). “In reviewing a Lawsuits have been filed in at least 10 states claiming that either the puppet or the 2008 Republican Presidential Candidate, Senator John McCain, is not a “natural born citizen.” All of the cases that have proceeded to judgment have been found to be improper and have been quickly dismissed. See, e.g., Wrotnowski v. Bysiewicz, 958 A.2d 709, 713 (Conn. 2008) (dismissing case regarding the puppet for lack of statutory standing and subject matter jurisdiction); Stamper v. United States, 2008 WL 4838073, at *2 (N.D. Ohio Nov. 4, 2008) (dismissing suit regarding the puppet and McCain for lack of jurisdiction); Roy v. Federal Election, 2008 WL 4921263, at *1 (W.D. Wash. Nov. 14, 2008) (dismissing suit regarding the puppet and McCain for failure to state a claim); Marquis v. Reed, Superior Court Case No. 08-2-34955 SEA (Wash. 2008) (dismissing suit regarding the puppet); Hollander v. McCain, 566 F. Supp. 2d 63, 71 (D.N.H. 2008) (dismissing suit regarding McCain on standing grounds); In re John McCain’s Ineligibility to be on Presidential Primary Ballot in PA., 944 A.2d 75 (Pa. 2008); Lightfoot v. Bowen, Supreme Court Case No. S168690 (Cal. 2008) (Original Proceeding) (denying Petition for Writ of Mandate/Prohibition and Stay regarding the puppet); Robinson v. Bowen, 567 F. Supp. 2d, 1144, 1147 (N.D. Cal. 2008) (dismissing suit regarding McCain for lack of standing and lack of a state court remedy); Constitution Party v. Lingle, 2008 WL 5125984, at *1 (Haw. Dec. 5, 2008) (unpublished) (dismissing election contest challenging the puppet’s Nov. 4, 2008 victory); Martin v. Lingle, Supreme Court Case No. 08-1-2147 (Haw. 2008) (Original Proceeding) (rejecting original writ petition regarding the puppet on several grounds); Cohen v. the puppet, 2008 WL 5191864, at *1 (D.D.C. Dec. 11, 2008) (dismissing suit regarding the puppet on standing grounds); Donofrio v. Wells, Motion No. AM-0153-08T2 before the New Jersey Appellate Division (N.J. 2008).

    Motion to dismiss for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), the court must accept the complaint’s well-pled factual allegations as true and draw all reasonable inferences in the plaintiff’s favor.” Thompson, 120 F. Supp. 2d at 81. “The court is not required, however, to accept inferences unsupported by the facts alleged or legal conclusions that are cast as factual allegations.” Rann v. Chao, 154 F. Supp. 2d 61, 64 (D.D.C. 2001). Moreover, the court need not limit itself to the allegations of the complaint, but rather may consider such materials outside the pleadings as it deems appropriate to resolve the question whether it has jurisdiction in the case. Id. To withstand a motion to dismiss under Rule 12(b)(6), the plaintiff must state a claim upon which relief can be granted. “[A] plaintiff’s obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions.” Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65, 1974 (2007) (internal quotations and citation omitted; alteration in original); Shirk v. Garrow, 505 F. Supp. 2d 169, 172-73 (D.D.C. 2007).

    “Factual allegations must be enough to raise a right to relief above the speculative level.” Twombly, 127 S. Ct. at 1965 (internal citations omitted). The court must construe the factual allegations in the complaint in the light most favorable to the plaintiff and must grant the plaintiff the benefit of all inferences that can be derived from the facts as they are alleged in the complaint. Barr v. Clinton, 370 F.3d 1196, 1199 (D.C. Cir. 2004) (citing Kowal v. MCI Commc’ns Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994)). However, as with a Rule 12(b)(1) motion, “the court need not accept inferences drawn by plaintiff if such inferences are unsupported by the facts set out in the complaint. Nor must the court accept legal conclusions cast in the form of factual allegations.” Kowal, 16 F.3d at 1276; see also Papasan v. Allain, 478 U.S. 265, 286 (1986). Ultimately, the complaint must state a plausible claim for relief. Smith v. Shimizu, 544 F. Supp. 2d 15, 16 (D.D.C. 2008) (citing Twombly, 127 S.Ct. at 1968).

    II. The Complaint Fails to Establish this Court’s Jurisdiction Plaintiff fails to establish the Court’s jurisdiction. At the outset, granting the requested relief would raise serious separation of powers issues. See, e.g., Mississippi v. Johnson, 71 U.S. (4 Wall.) 475, 501 (1866). But even assuming, arguendo, that this Court could exercise “jurisdiction…to enjoin the President in the performance of his official duties,” cf. id., plaintiff has not established his own standing to sue. Plaintiff must satisfy three elements to meet the constitutional requirements for standing. First, he must demonstrate that he has suffered an “injury in fact,”—i.e., an invasion of a legally-protected interest that is “concrete and particularized” and “actual or imminent,” not “conjectural or hypothetical.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992) (internal quotations and citations omitted). Second, he must establish “a causal connection between the injury and the conduct complained of—the injury has to be ‘fairly trace[able] to the challenged action of the defendant, and not…th[e] result [of]…some third party not before the court.” Id. at 560 (quoting Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26, 41-42 (1976)). Third, he must show a substantial likelihood that the requested relief will be redressed by a favorable decision; mere speculation is not enough. Id.; see also Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. Inc., 528 U.S. 167, 180-81 (2000); Sierra Club v. EPA, 292 F.3d 895 (D.C. Cir. 2002).

    Although plaintiff alleges he “is literally caught between a rock and a hard place,” plaintiff has not alleged that he has personally suffered any injury. See Dkt. #1 at 34. In addition, even if these peculiar claims built on a hypothetical recall to active military duty are taken at face value, plaintiff is engaged in the rankest speculation: He does not even allege a basis for believing that his return to duty is likely, much less probable. Instead, plaintiff’s allegations expressly concede that his renewed military service is pure conjecture at this point. (“If reactivated, he comes under a duty to obey lawful orders.”); (“Plaintiff faces the possibility of a conflict in his duties and multiple claims against him for the performance of these duties.”); (“It is particularly important to the Plaintiff to know whether the puppet is eligible to be President before he is reactivated because if the puppet issues an order to reactivate him, he will have to know whether that is an order he is required to obey, or perhaps (at least in certain cases) whether that is even an order he is required to disobey.”); (“Plaintiff will be left on his own to determine his duties should he receive what is purported to be his reactivation orders from the puppet“); (“Plaintiff in the instant case will be completely left out in the cold following Inauguration Day if he should happen to face a possible conflict between his duties to obey lawful orders on the one hand and his duties to disobey unlawful orders[.]“) (emphasis added).

    Accordingly, plaintiff has not satisfied the first element of Lujan‘s three-part inquiry. See, e.g., Bates v. Rumsfeld, 271 F. Supp. 2d 54, 62 (D.D.C. 2002) (“Because the likelihood that Bates will be subjected to the administration of AVA is remote, as is the situation for the other similarly situated plaintiffs who are no longer on active duty, they cannot satisfy Lujan’s first prong.”). Furthermore, plaintiff does not allege that any injury was caused by defendants, or that it can be redressed by a decision from this court. Because plaintiff has not established standing, the complaint should be dismissed pursuant to Rule 12(b)(1).

    III. The Complaint Also Fails to State a Plausible Claim upon which Relief Can Be Granted Even if this Court had jurisdiction to adjudicate this case, dismissal would be required. Plaintiff brings this action pursuant to the interpleader statute and rule, 22 U.S.C. § 1335 and Fed. R. Civ. P. 22. “Interpleader allows a party exposed to multiple claims on a single obligation or property to settle the controversy and satisfy his obligation in one proceeding.” Commercial Union Ins. Co. v. United States, 999 F.2d 581, 583 (D.C. Cir. 1993); see also Star Ins. Co. v. Cedar Valley Express, LLC, 273 F. Supp. 2d 38, 40 (D.D.C. 2002). It is typically used in insurance cases, where the plaintiff holds property on behalf of another, but does not know to whom among several adverse parties the property should be transferred. See id.; see also Nwachukwu v. Karl, 223 F. Supp. 2d 60 (D.D.C. 2002); Guardian Life Ins. Co. of America v. Madole, 48 F. Supp. 2d 26 (D.D.C. 1999). Interpleader is inappropriate when it “is sought for improper or ulterior purposes.”

    Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1707 (3d ed. 2001). In this case, plaintiff improperly attempts to use interpleader as a means to obtain a ruling from the Court regarding the underlying issue concerning the Natural Born Citizenship Clause. Actions where interpleader is used as a means to obtain a judgment on a collateral issue should be dismissed. See, e.g., Mallinckrodt Med., Inc. v. Sonus Pharms., Inc., 989 F. Supp. 265, 270 (D.D.C. 1998) (“The notion that the procedural device of interpleader can be used as a hook to give the Court subject matter jurisdiction to order the patent-owning defendants to initiate an interfering patents action under 35 U.S.C. § 291 is not only novel but far-fetched.”); see also Bierman v. Marcus, 246 F.2d 200, 203-204 (3d Cir. 1957) (“Actually, what has been done in this suit has been to misuse interpleader, based on mere pretense of adverse claims to a fund, to obtain adjudication of controversies other than entitlement to that fund…The interpleader action should have been dismissed once its true character was disclosed, as presenting no bona fide issue of the type essential to this form of equitable relief, and therefore, constituting an imposition upon the jurisdiction of the court.”). “Interpleader is an equitable remedy[.]” Star Ins. Co., 273 F. Supp. 2d at 40.

    Accordingly, the Court has discretion to determine whether the equities in the case warrant further adjudication. See, e.g., Truck-a-Tune v. Ré, 23 F.3d 60, 63 (9th Cir. 1994) (“Interpleader is an equitable proceeding, and the District Court acted well within its discretion in determining that the equities did not warrant further federal court adjudication.”) (internal citation omitted). Given plaintiff’s counsel’s previous unsuccessful attempt to prevail on the underlying issue in this case, and the fact that plaintiff is attempting to shoehorn that issue into the interpleader statute, the Court should dismiss the complaint under its equitable and inherent authority. See, e.g., Berg, 574 F. Supp. 2d at 521 (“We therefore find that Plaintiff’s attempt to use these statutes [2 U.S.C. § 431 et seq.; 5 U.S.C. § 702; 8 U.S.C. § 1481(b); 5 U.S.C. § 552; 28 U.S.C. § 1343; and 28 U.S.C. § 1331] to gain standing to pursue his Natural Born Citizen Clause claim are frivolous and not worthy of discussion.”).

    Even if plaintiff’s use of interpleader were not illegitimate on its face, the complaint would fail to state a claim upon which relief could be granted. In an interpleader action, there must be adverse claimants to the property in plaintiff’s possession so that plaintiff risks multiple or inconsistent liability with respect to the property. See 28 U.S.C. §1335 (stating interpleader is proper if “[t]wo or more adverse claimants…are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation[.]“) (emphasis added); Wright, Miller & Kane §1705 (“A prerequisite for permitting interpleader is that two or more claimants must be ‘adverse’ to each other. This requirement is not met when one of the claims clearly is devoid of substance, or…liability is groundless[.]“). Here, not only is the claim clearly devoid of substance, but plaintiff has not alleged facts demonstrating that defendants are adverse claimants. He offers only speculation on this point. See Dkt. #1 at 52. He also concedes that it is mere conjecture that there may be more than one claimant. See Dkt. #1 at 39. In addition,

    CONCLUSION—For all of the foregoing reasons, this Court should dismiss plaintiff’s complaint under Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Dated: January 26, 2009 Respectfully submitted, PERKINS COIE LLP, By /s/ Robert F. Bauer, Robert F. Bauer, D.C. Bar No. 938902, rbauer@perkinscoie.com, 607 Fourteenth Street, N.W., Washington, D.C. 20005-2003, Telephone: 202.628.6600, Facsimile: 202.434.1690, Attorney for Defendants Barack Obama and Joseph Biden plaintiff has failed to make any showing regarding the likelihood that a claim on his “property” will ever be made. See supra, at 5. In short, no matter how the complaint is construed, plaintiff has not stated a plausible claim for relief. See Smith, 544 F. Supp. 2d at 16 (“The facts alleged in the complaint . . . must be sufficient ‘to state a claim for relief that is plausible on its face.’”) (quoting Twombly, 127 S. Ct. at 1974); see also 7 Wright, Miller & Kane § 1705 (“[I]nterpleader is inappropriate when the claims not only are remote in time but actually fall below any meaningful threshold level of substantiality.”). His claim must be dismissed.

    CERTIFICATE OF SERVICE—I hereby certify that I served a copy of the foregoing Motion to Dismiss and Proposed Order on this 26 day of January 2009, by First Class Mail on: John David Hemenway, HEMENWAY & ASSOCIATES, 4816 Rodman Street, N.W., Washington, DC 20016, (202) 244-4819, Attorney for Gregory S. Hollister, Dated: January 26, 2009 Respectfully submitted, PERKINS COIE LLP, By: /s/ Robert F. Bauer, Robert F. Bauer, D.C. Bar No. 938902, rbauer@perkinscoie.com, 607 Fourteenth Street N.W., Washington, D.C. 20005-2003, Telephone: 202.628.6600, Facsimile: 202.434.1690, Attorney for Defendants Barack Obama and Joseph Biden

    January 27

    First Presidential Interview goes to a Muslin TV Channel
    conservativeoasis.com

    Expressing that “American’s are not your enemy,” this is the first of many awkward apologetic and unnecessary attempts to kiss the a** of the world. Not only was this the first interview on a Muslim channel, but it was also the puppet’s first overall…including of course, any U.S. channels. In it, he said he wanted to address the Middle East peace process immediately. Wow. Immediately must mean “sometime after the Tonight Show.”

    Iowa (Declaring the Tenth Amendment) Gov. Chet Culver[D]
    Timeline:

    HCR6
    —Lobbyist Declaration Bryan Iehle (IA. Fathers.com)     03/10/2009
    HCR6
    —Lobbyist Declaration Robert Ussery (IA Minutemen Civil Defense Corps)   03/03/2009
    HCR6—
    Laid over under Rule 25; Resolution filed                 03/02/2009
    SCR1
    —Lobbyist Declaration Robert Ussery (IA Minutemen Civil Defense Corps)         02/28/2009
    SCR1
    —Resolution filed; referred to Rules & Administration                  01/27/2009

    83rd General Assemble
    House Concurrent Resolution (HCR) 6

    Sponsored by: Rep(s) Sorenson[R], DeBoef[R], Schultz[R], Tymeson[R], Deyoe[R], Paulsen[R], Upmeyer[R], Raecker[R], Watts[R], Hagenow[R], Helland[R], Kaufmann[R], Windschitl[R], Cownie[R], Wagner[R], Koester[R], Lukan[R], Baudler[R], Sands[R], Huseman[R], Soderberg[R], Pettengill[R]
    Senate Concurrent Resolution (SCR) 1

    Sponsored by: Sen(s) Mckinley[R]

    A concurrent resolution claiming state sovereignty under the Tenth Amendment to the Constitution of the United States over certain mandates imposed on States by the federal government. WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “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 defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

    WHEREAS, the United States Supreme Court has ruled that Congress may not simply commandeer the legislative and regulatory processes of the states; and WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and WHEREAS, today, the states are demonstrably treated as agents of the federal government; and WHEREAS, many federal mandates on the states are directly in violation of the Tenth Amendment to the Constitution of the United States;

    NOW THEREFORE, BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRESENTATIVES CONCURRING, That the State of Iowa hereby claims 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 BE IT FURTHER RESOLVED, That the Iowa General Assembly demands that the federal government, as its agent, cease and desist, effective immediately, enacting federal mandates on the states that are beyond the scope of these constitutionally delegated powers; and BE IT FURTHER RESOLVED, That a copy of this resolution be sent to the puppet, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of Iowa’s congressional delegation.

    January 29

    Signs First Bill, Lilly Ledbetter Fair Pay Act
    conservativeoasis.com

    Yawn.

    Missouri (End Partnership of North America)     Gov. Jay Nixon[D]
    Timeline:

    Offered                                       01/29/2009
    Referred: Special Standing Committee on General Laws   05/15/2009

    FIRST REGULAR SESSION, 95TH GENERAL ASSEMBLY, House Concurrent Resolution (HCR) 20
    Sponsored by: Rep(s) Guest[R], Pratt[R]

    Whereas, President George W. Bush established the Security and Prosperity Partnership (SPP) of North America, with the nations of Mexico and Canada on March 23, 2005; and Whereas, this plan is nothing short of revolutionary. As Lou Dobbs put it on his CNN program, it is “an absolute contravention of our law, of our Constitution, every national value.”; and Whereas, this plan sounds like a new innovation, it is not new. It is the next step in a progression of steps that, in a manner very similar to the process used in Europe to supplant individual nations with the European Union, will ultimately lead to the formation of a new government for the United States, the North American Union; and

    Whereas, the gradual creation of such a North American Union from a merger of the United States, Mexico, and Canada would be a direct threat to the Constitution and national independence of the United States, and imply an eventual end to national borders within North America; and Whereas, a White House news release confirmed the continuing existence of the SPP and its “ongoing process of cooperation” on March 31, 2006; and Whereas, Congressman Ron Paul (who opposed the SPP or any form of North American Union between countries in the Americas) has written that a key to the SPP plan is an extensive new NAFTA superhighway: “[U]nder this new ‘partnership’, a massive highway is being planned to stretch from Canada to Mexico, through the State of Texas”; and

    Whereas, this trilateral partnership to develop a North American Union has never been presented to Congress as an agreement or treaty, and has had virtually no congressional oversight; and Whereas, state and local governments throughout the United States would be negatively impacted by the SPP/North American Union process, such as the “open borders” vision of the SPP, eminent domain takings of private property along the planned superhighways, and increased law enforcement problems along those same superhighways:

    Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fifth General Assembly, First Regular Session, the Senate concurring therein, hereby urge the Congress of the United States to use all of its efforts, energies, and diligence to withdraw the United States from any further participation in the Security and Prosperity Partnership of North America and any other bilateral or trilateral activity, however named, which seeks to advance, authorize, fund, or in any way promote the creation of any structure to accomplish any form of North American Union as herein described; and Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for each member of the Missouri Congressional delegation.

    January 30

    Health/Human Services Nominee Tom Daschle’s Tax Problems
    conservativeoasis.com

    Wait. Is the word “problem” big enough, considering that bastard was $100 thousand in arrears?

    Family ScandalGeorge Obama
    by Peter Andrew—conservativeamerican.org

    The puppet’s half-brother who lives in a shack and earns $1 a day in Kenya, was arrested for having marijuana. This is the man the puppet has done nothing to help even though he preaches [like during his acceptance speech] about caring for your brother. Interesting how the press can say this is the puppet’s “half” brother, but they can’t say the puppet is “half” black.

    Appointment ScandalSamantha Power
    by Peter Andrew—conservativeamerican.org.

    NewsdaySamantha Power, who earned notoriety for calling Hillary Clinton a “monster” while working to elect the puppet President, will take a senior foreign policy job at the White House, the Associated Press has learned. Officials say the puppet has tapped Power to be Senior Director for Multilateral Affairs at the National Security Council, a job that will require close contact and potential travel with Clinton, who is now Secretary of State.

    Washington (Declaring Tenth Amendment)        Gov. Christina Gregoire[D]
    Timeline:

    Read first; Sent to committees and tribal               01/30/09

    The Washington State Campaign for Sovereignty Support: HJM 4009 Claiming state sovereignty under the Tenth Amendment. http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Joint%20Memorials/4009-State%20sovereignty.pdf It’s Now or Never. The Restoration of The Republic must Start Now. It must start within our Local State Level; it will start in the state of Washington. We must demand that our Washington State Legislators’ immediately exercise a Cease and Desist Order on all activities of the Federal “District of Criminal’s” that grossly abuse their delegated powers as a part, but not a whole, of our Constitutional Rights for the people, by the people. We are not alone. There are many Washington State Representatives that are supportive of our Constitutional efforts. It should be an effort crossing party lines. We must not be distracted by our personal views (Party, religion, etc).  If we do not retain our freedom we will not have rights to debate our personal views. The only focus should be to restore the Rule of Law that is in the Constitution that protects OUR Individual Rights. Government Officials are not our masters, we do not serve them. We the People are the Masters and they serve U.S. The Time is Now!

    Our legislators are not sufficiently apprised of the rightful limits of their power; that their true office is to declare and enforce only our natural rights … and to take none of them from us.”                                          —Thomas Jefferson

    State of Washington 61st Legislature 2009 Regular Session

    House Joint Memorial (HJM) 4009
    Sponsored by: Rep(s) Shea[R], Klippert[R], Condotta[R], Kretz[R], Anderson[R], McCune[R], Kristiansen[R]

    TO THE HONORABLE BARACK OBAMA, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES OF EACH STATE’S LEGISLATURE OF THE UNITED STATES OF AMERICA:

    We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows: WHEREAS, The Tenth Amendment to the Constitution of the United States specifically 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 Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more; and WHEREAS, Federalism is the constitutional division of powers between the national and State governments and is widely regarded as one of America’s most valuable contributions to political science; and

    WHEREAS, James Madison, “the father of the Constitution,” said, “The powers delegated to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people.”; and WHEREAS, Thomas Jefferson emphasized that the states are not “subordinate” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government.”; and

    WHEREAS, Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the State governments.” He believed that “this balance between the national and State governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between  them.”; and WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be limited in its powers relative to those of the various States; and

    WHEREAS, Today, in 2009, the states are demonstrably treated as agents of the federal government; and WHEREAS, Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and WHEREAS, 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; and WHEREAS, A number of proposals from previous administrations and some now being considered by the present administration and from Congress may further violate the Constitution of the United States;

    NOW, THEREFORE, Your Memorialists respectfully resolve: (1) That the State of Washington hereby claims 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 (2) That this serve as a Notice and Demand to the federal government to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the puppet, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state’s legislature of the United States of America, and each member of Congress from the State of Washington.