Oklahoma declares sovereignty

Posted on June 19th, 2008 by bile Categories and Tags: Uncategorized, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 5 Comments »

I don’t know how this slipped through the libertarian blogosphere but this is pretty hardcore. Looks like it was on 3/13/2008 and the blog is from 6/15/2008.

http://politicalinquirer.com/…

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
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 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.


http://www.okhouse.gov/51LEG/Leg_Votesxx.aspx?include=okh01983.txt

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

And as other sovereignty issues arise like with Real ID hopefully the states can exert enough pressure to cripple the federal government. At least slow its march toward total national control.

California: Home schooling children not a right

Posted on March 2nd, 2008 by bile Categories and Tags: Uncategorized, , , , , , , , , , , , , , , , ,

http://www.lewrockwell.com/…

In this dependency case (Welf. & Inst. Code, § 300), we consider the question whether parents can legally “home school” their children. The attorney for two of the three minor children in the case has petitioned this court for extraordinary writ relief, asking us to direct the juvenile court to order that the children be enrolled in a public or private school, and actually attend such a school.

The trial court’s reason for declining to order public or private schooling for the children was its belief that parents have a constitutional right to school their children in their own home. However, California courts have held that under provisions in the Education Code, parents do not have a constitutional right to home school their children. Thus, while the petition for extraordinary writ asserts that the trial court’s refusal to order attendance in a public or private school was an abuse of discretion, we find the refusal was actually an error of law. It is clear to us that enrollment and attendance in a public full-time day school is required by California law for minor children unless (1) the child is enrolled in a private full-time day school and actually attends that private school, (2) the child is tutored by a person holding a valid state teaching credential for the grade being taught, or (3) one of the other few statutory
exemptions to compulsory public school attendance (Ed. Code, § 48220 et seq.) applies to the child. Because the parents in this case have not demonstrated that any of these exemptions apply to their children, we will grant the petition for extraordinary writ.

California’s Provisions for Compulsory Education of Minor Children Article IX, section 1 of California’s Constitution states: “A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.”

“In obedience to the constitutional mandate to bring about a general diffusion of knowledge and intelligence, the Legislature, over the years, enacted a series of laws. A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare. [Citation.] The Supreme Court of the United States, in the case of Pierce v. Society of Sisters, 268 U.S. 510 [45 S.Ct. 571, 69 L.Ed. 1070, 39 A.L.R. 468], held that: ‘No question is raised concerning the power of the state reasonably to regulate all schools, to inspect, supervise and examine them, their teachers and pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is manifestly inimical to the public welfare.’ [¶] Included in the laws governing the educational program were those regulating the attendance of children at school and the power of the state to enforce compulsory education of children within the state at some school is beyond question. (Meyer v. Nebraska, 262 U.S. 390 [43 S.Ct. 625, 628, 67 L.Ed. 1042, 29 A.L.R. 1446]; Ex parte Liddell, 93 Cal. 633, 640 [29 P. 251].”

This is pretty creepy. Sounds like something you’d expect to hear from Nazi Germany, Fascist Italy or Soviet Russia. How far we’ve come from from the idea that free and independent individuals lead to free, independent and prosperous nations. I really need to read John Taylor Gatto’s The Underground History of American Education.

Ron Paul fundraising observations

Posted on February 4th, 2008 by bile Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

http://www.cnn.com/…

Ron Paul, as of the end of the 4th quarter 2007, is the number one Republican fundraiser still in the race in the following states:

  • Montana1
  • Alaska1
  • Hawaii
  • Kansas1
  • New Mexico
  • North Dakota2

Is second in:

  • Washington
  • Oregon
  • Idaho
  • Iowa
  • Wyoming
  • Arkansas
  • Wisconsin
  • Kentucky
  • Nebraska2
  • Minnesota2
  • Oklahoma2
  • Indiana2
  • Tennessee3
  • Mississippi2,3
  • Georgia2,3
  • West Virginia2,3

1 Including Democrat candidates. 2 Giuliani raised more before dropping. 3 Fred Thompson raised more before dropping.

Obviously money doesn’t mean votes nor will those locations where he has gained rank because of some dropping out help him much. It is however interesting with regards to how the MSM regards him as a gadfly. He’s raised more from the numerous branches of the military than all other candidates combined. He raised more than twice what any other Republican did in the 4th quarter at nearly $20m. He’s the number one Republican fundraiser in 5 states and second in 8 without removing those who have dropped out.

My ranking of donations per capita has been updated with 4th quarter numbers, top 5:

  1. New Hampshire
  2. Wyoming
  3. Nevada
  4. Alaska
  5. Montana


No Legislation Without Representation Conference

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