From West Virginia Watchdog, great coverage on this excellent legislation linked below.
It is very important to note on this subject that the West Virginia Constitution has these leading articles, already very powerful (wisely embedded by Confederate-leaning legislators to prevent the tyranny of Federal Reconstruction and further Federal Despotism after the Civil War) which every Mountaineer should memorize and ought to be taught in school, that still draw a Constitutional line in the sand for the Federal government:
1-2. Internal government and police.
The government of the United States is a government of enumerated powers, and all powers not delegated to it, nor inhibited to the states, are reserved to the states or to the people thereof. Among the powers so reserved to the states is the exclusive regulation of their own internal government and police; and it is the high and solemn duty of the several departments of government, created by this constitution, to guard and protect the people of this state from all [i.e. Federal] encroachments upon the rights so reserved.
1-3. Continuity of constitutional operation.
The provisions of the constitution of the United States, and of this state, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.
The legislature and Governors thus far have
ignored these provisions when establishing the federal
REAL ID (national ID driver's licenses) and by not resisting the tyrannical and unpatriotic
USA PATRIOT ACT (made illegal, however, by Huntington, West Virginia, on these very grounds) under the "plea of necessity" after the 9/11 "catalyzing event" and the cry of "terrorism". The Constitution is to be upheld by the State government, per the Supreme Law of West Virginia, against all federal claims of "necessity", to protect West Virginians from federal usurpations of power. The Governor and legislators and Supreme Court Judges all swear to "uphold" the State and Federal Constitutions upon taking office, while they clearly have not.
It was former Supreme Court Justice John Marshall who wrote:
A legislative act, contrary to the Constitution, is not law".
While this proposed Resolution would have been even more powerful during the post-9/11 Bush administrations (when republicans went stark blind to the Constitution--when a Tea Party was needed!) in expanding the usurping federal Security and Surveillance State, it is appropriate (although a bit partisan and bias) to invoke it now as the Obama Nanny State (i.e. Health Care, Economic and Environmental Reform) is erected, including an economic and environmental agenda that threatens to undermine West Virginia in particular. Before Democrats cry "partisan bill" too loud, however, they should recall that
even Senator Byrd warned that the Obama administration could be on a federal "power grab" of its own. It must be added that our Congressional representatives in Washington on this have failed us (and violated their oaths), for they voted for the above legislation and fell for the "plea of necessity" (although
Sen. Byrd recanted and voted against extending the USA PATRIOT ACT after seeing the light of the Constitution on it later). Partisanship needs to drop to the floor and the Constitution should be reinstated as the non-partisan Supreme Law that it is on this matter.
The West Virginia Constitution
requires and demands the Governor and State government defend West Virginia's sovereignty (resolution or not) but
it should be applied impartially against all federal legislation that usurps State's rights. Any governor or legislator that disagrees with the State Constitution or 10th Amendment on this principle of State Sovereignty vs. Federal Encroachments has lied upon taking their "oath" and is unfit for political office, period. And it is the duty of the public to hold them all to it!
"Mountaineers are always free"
only if the state government obeys the State (and Federal) Constitutions
impartially.
By Steven Allen Adams on February 8, 2010
A resolution that would declare West Virginia’s sovereignty under the U.S. Constitution was introduced yesterday in the State Senate and referred to the Senate Judiciary Committee.
Senate Concurrent Resolution 20 would reassert that state’s sovereignty under the U.S. Constitution’s 1oth Amendment. From the resolution:
…Be it resolved by the Legislature of West Virginia: That the State of West Virginia reasserts 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 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; and, be it
Further Resolved, That the Clerks of both houses forward a copy of this resolution to President Barack Obama and all members of West Virginia’s Congressional Delegation.
The 10th Amendment of the U.S. Constitution states 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.”
The resolution is the brainchild of State Sen. Donna Boley, R-Pleasants, and is co-sponsored by the following State Senators: Clark Barnes, R-Randolph; Mike Hall, R-Putnam; Frank Deem, R-Wood; Don Caruth, R-Mercer; Dave Sypolt, R-Preston; Karen Facemyer, R-Jackson; Jesse Guills, R-Greenbrier; and Robert Plymale, D-Wayne.
“What we’ve seen going on in Washington D.C. is a lot of the federal government reaching out and taking power away from the states or mandating to the states things they should not be mandating to the states,” explained Boley in a conversation with West Virginia Watchdog.
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