https://www.ok-safe.com/files/documents/1/HJR1089_int.pdf

STATE OF OKLAHOMA

2nd Session of the 51st Legislature (2008)

HOUSE JOINT

RESOLUTION 1089 By: Key

AS INTRODUCED

A Joint 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 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

Req. No. 9466 Page 2

WHEREAS, today, in 2008, 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, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES

AND THE SENATE OF THE 2ND SESSION OF THE 51ST OKLAHOMA
LEGISLATURE:

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 a copy of this resolution be distributed to the President

of the United States, the President of the United States Senate,
the

Speaker of the United States House of Representatives, the
Speaker

Req. No. 9466 Page 3

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.
51-2-9466 SD 12/31/07