HJR 108 State Sovereignty

State sovereignty is a big deal to state legislators; hopefully, it is to you as well. It is what keeps the federal government from over stepping its constitutional bounds.

Today many state legislators, including some in Tennessee, have decided it is time to affirm state sovereignty under the Tenth Amendment to the Constitution of the United States and demand the federal government halt its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution.

The history of the formation of our federal government is long and complex but what the framers sought was a government that protected man’s natural rights; declared by the Declaration of Independence to be the right to life, liberty and the pursuit of happiness; better interpreted to mean that all men, by nature are equally free and independent with the right to work, acquire property and pursue their own individual happiness.

When the Constitution was drawn, the various states in existence already had Constitutions with several enumerated rights. Therefore, many of the framers believed that it was not necessary to include individual rights in a federal constitution. They feared that in doing so, the Constitution might incorrectly be construed as a document which limited the rights of the people and of the states.

Eventually the supporters of a bill of rights won out, and the Bill of Rights was drafted to guarantee equal rights for all Americans but compromise also brought the Tenth Amendment guaranteeing limits on federal power;

1. Freedoms of speech, press and religion

2. People's right to keep and bear arms

3. Protection from quartering troops

4. To be free of unreasonable searches and seizures

5. Right to due process and the prohibition of double jeopardy

6. Trial by jury and other rights of the accused

7. Right to civil trial by jury

8. Prohibition of excessive bail, as well as prohibitions against cruel and unusual punishment

9. Protection of rights not specifically enumerated in the Bill of Rights

10. Powers reserved for the states and people

As you can see, the various rights are not necessarily rights that exist in the state of nature but rather rights designed to affirm and protect our natural rights; for example, freedom of the press protects liberty, and trial by jury protects life, liberty and the pursuit of happiness.

The state sovereignty movement seeks to remind the federal government that the Tenth Amendment ensures 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."

After all, the federal government was created by the states specifically to be an agent of the states. However today, in 2009, the states are demonstrably treated as agents of the federal government. Many powers and federal mandates are directly in violation of the Tenth Amendment to the Constitution; this limits our freedom and costs taxpayers untold billions of dollars - or should I say trillions?

I believe that it is time we step forth as other states are doing and affirm Tennessee's sovereignty under the Tenth Amendment to the Constitution over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States. We should also demand that the federal government halt and reverse its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution. Tennessee HJR 108 will do just that. With your support, hopefully, we can begin to reverse the federal power grab.

Populism Ignites in Chicago

Rick Santelli on CNBC's Squawk Box

The trading floor buzz on whether the government's plan to save the economy will actually help the markets.

Obama's Rhetoric Is the Real 'Catastrophe'

In 1932, automobile production shriveled by 90%
By BRADLEY R. SCHILLER, Wall Street Journal


"Consider the job losses that Mr. Obama always cites:

In the last year, the U.S. economy shed 3.4 million jobs - 2.2% of the labor force. From November 1981 to October 1982, 2.4 million jobs were lost - 2.2% of the labor force, the same as now.

Job losses in the Great Depression: 1930, the economy shed 4.8% of the labor force. In 1931, 6.5%. 1932, another 7.1%. Jobs were being lost at double or triple the rate of 2008-09 or 1981-82.

Unemployment rates: The latest survey pegs U.S. unemployment at 7.6%. 1982 peak (10.8%). Peak in 1932 (25.2%). You simply can't equate 7.6% unemployment with the Great Depression.

Real gross domestic product (GDP) rose in 2008, despite a bad fourth quarter. The Congressional Budget Office projects a GDP decline of 2% in 2009. That's comparable to 1982, when GDP contracted by 1.9%. It is nothing like 1930, when GDP fell by 9%, or 1931, when GDP contracted by another 8%, or 1932, when it fell yet another 13%.

Auto production last year declined by roughly 25%. That looks good compared to 1932, when production shriveled by 90%.

The failure of a couple of dozen banks in 2008 just doesn't compare to over 10,000 bank failures in 1933, or even the 3,000-plus bank (Savings & Loan) failures in 1987-88.

Stockholders can take some solace from the fact that the recent stock market debacle doesn't come close to the 90% devaluation of the early 1930s."

Mr. Schiller, an economics professor at the University of Nevada, Reno, is the author of "The Economy Today" (McGraw-Hill, 2007).