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Kentucky Bill #HCR 168   View text of Bill | Go to Bill Online
Bill Name:House Resolution HCR 168
Type:State Sovereignty
Requested Patriot Action: This resolution HRC 168 and resolution HRC 172 are nearly identical. They have both been assigned to the Elections, Constitutional Amendments, and Intergovernmental Affairs committee. HCR 168 was sponsored by the Democratic Whip Jay Stacey and was cosponsored by Democrats and Republicans. HCR 172 was Sponsored by David Floyd and other Republicans. Both bills were introduced on 2/24/2009.

Several of the sponsoring legislators are also on the committee. With bi-partisan support these resolutions should be out of committee.
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Committees: Introduced by Dem. Majority Whip John Will Stacy
Seems to be stuck in Committee. Need to work the committee.

Feb 25-to Elections, Const. Amendments & Intergovernmental Affairs (H)
Feb 26-posted in committee
Sponsors: Introduced by Dem. Majority Whip John Will Stacy

Sponsored by Legislators:


















J. Stacy (606) 743-1516,(502) 564-7756
K. Bratcher (502) 231-3311
J. Comer Jr. (270) 487-5585
J. DeCesare (270) 792-5779,(270) 792-5779
dj951@insightbb.com
A. Koenig (859) 578-9258
Adam.Koenig@lrc.ky.gov
S. Lee (859) 252-2202
B. Montell (502) 633-7533
L. Napier (859) 792-4860,(859) 792-2535
Lonnie.Napier@lrc.ky.gov
D. Osborne (502) 228-3201,(502) 645-2186
David.Osborne@lrc.ky.gov
A. Webb (859) 426-7322
S. Westrom (859) 266-7581
Susan.Westrom@lrc.ky.gov
A. Wuchner (859) 525-6698


Session Schedule: In Session 1/5/10 - 3/25/10 (est.)
Similar Bills in other states: 
Date Introduced: 2/24/2009
Enacted:
Status:Stuck in Elections, Const. Amendments & Intergovernmental Affairs Feb 25 2009
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History:
HCR 168 (BR 1602) - J. Stacy, K. Bratcher, J. Comer Jr., J. DeCesare, A. Koenig, S. Lee, B. Montell, L. Napier, D. Osborne, A. Webb-Edgington, S. Westrom, A. Wuchner

Declare state sovereignty over powers not given to the the federal government by the U. S. Constitution; demand the federal government to cease mandates beyond constitutionally delegated powers; prohibit federal legislation requiring state passage of laws under threat of penalties or sanctions; direct the Clerk to distribute copies of the Resolution.

Feb 24-introduced in House
Feb 25-to Elections, Const. Amendments & Intergovernmental Affairs (H)
Feb 26-posted in committee

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Legislature Home Page | Record Front Page
House votes:
Senate votes:
Federal reply:
State constitution: Constitution of the Commonwealth of Kentucky

Preamble

We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.

Bill of Rights

Section 1

All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:

First: The right of enjoying and defending their lives and liberties.

Second: The right of worshipping Almighty God according to the dictates of their consciences.

Third: The right of seeking and pursuing their safety and happiness.

Fourth: The right of freely communicating their thoughts and opinions.

Fifth: The right of acquiring and protecting property.

Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance.

Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.

Section 2

Absolute and arbitrary power denied.
Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.
Section 3

Men are equal -- No exclusive grant except for public services -- Property not to be exempted from taxation -- Grants revocable.
All men, when they form a social compact, are equal; and no grant of exclusive, separate public emoluments or privileges shall be made to any man or set of men, except in consideration of public services; but no property shall be exempt from taxation except as provided in this Constitution, and every grant of a franchise, privilege or exemption, shall remain subject to revocation, alteration or amendment.

Section 4

Power inherent in the people -- Right to alter, reform, or abolish government.
All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.

Section 5

Right of religious freedom.
No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience.

Section 6

Elections to be free and equal.
All elections shall be free and equal.

Section 7

Right of trial by jury.
The ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this Constitution.

Section 8

Freedom of speech and of the press.
Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty.

Section 9

Truth may be given in evidence in prosecution for publishing matters proper for public information -- Jury to try law and facts in libel prosecutions.
In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libel the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

Section 10

Security from search and seizure -- Conditions of issuance of warrant.
The people shall be secure in their persons, houses, papers and possessions, from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.
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Section 22

Standing armies restricted -- Military subordinate to civil -- Quartering soldiers restricted.
No standing army shall, in time of peace, be maintained without the consent of the General Assembly; and the military shall, in all cases and at all times, be in strict subordination to the civil power; nor shall any soldier, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner prescribed by law.

Continued ...








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