Wednesday, September 8, 2010

KY. Resolution on State Sovereignty

Here's an interesting joint resolution pre-filed by Stan Lee. It's a publicity stunt, to be sure, but he is on the right track.

It's called the: "Joint Resolution to Secure Sovereign Power for Kentucky." The obvious fallacy is that the extent of Kentucky's sovereign power is determined by the U.S. constitution and cannot be "secured" or otherwise altered by joint resolution (or even actual legislation). This is a matter, ultimately, for the courts.

Still, the resolution expresses the frustration many of us feel about our Attorney General Jack Conway's failure to protect the Commonwealth's interests; he should have joined the multi-state suit against the Obamacare mandates. And it expresses the growing concern that federal government has so overstepped its proper role in relation to the state as to jeopardize our liberty.

Here's the press release on the resolution:

Believing that the Federal government continues to infringe on the rights of Americans, Representative Stan Lee (R)-Lexington has pre-filed a Joint Resolution which seeks to protect Kentucky’s sovereign rights against overreaching mandates and threats of lost funding. BR 55 seeks to reinforce Kentucky’s right as a sovereign state under the Ninth and Tenth Amendments of the United States Constitution.

"The health care debacle and failed stimulus bill are but two examples of the Federal government’s attempt to cast a long shadow over Kentucky and our people, “ said Rep. Lee.

“This joint resolution serves as a reminder to those who seek to make our Federal government an eight-headed monster that we will no longer stand by and see our sovereign rights taken away.”

BR 55 states that the joint resolution quote “…serves as notice and demands to the Federal government…to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.”

“It is our belief that any and all Federal legislation that threatens Kentucky and other states with loss of funding, civil or criminal penalties is illegal under the Constitution and should be forbidden or repealed, “ Lee adds. “Our forefathers sought to protect the rights of all Americans, and it’s time that we in Kentucky take back those rights under the Constitution that have slowly been taken away by the Federal government.”

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