Proclaim States' Rights
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Text of Bill
Alabama Bill #HJR10   View details of Bill | Go to Bill Online
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1 HJR10
2 109704-1
3 By Representatives Gipson, Hubbard, Allen, Love, Martin, Wren,
4 Williams (J), Hill, Thomas (E), McMillan, Canfield, Baker (A),
5 Ison, Oden, Hammon, Gaston, Laird, Williams (P), Wood,
6 McClurkin, Fincher, Bridges and Johnson
7 RFD: Rules
8 First Read: 10-AUG-09
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1 109704-1:n:03/18/2009:MF/tan LRS2009-1828
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8 TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING ALABAMA
9 BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO
10 THE UNITED STATES CONSTITUTION.
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12 WHEREAS, the Alabama Legislature declares that the
13 people of this state have the sole and exclusive right of
14 governing themselves as a free, sovereign, and independent
15 state, and shall exercise and enjoy every power, jurisdiction,
16 and right pertaining thereto, which is not expressly delegated
17 by them to the United States of America in the Congress
18 assembled; and
19 WHEREAS, some states when ratifying the Constitution
20 for the United States of America recommended as a change,
21 "that it be explicitly declared that all powers not expressly
22 and particularly delegated by the aforesaid are reserved to
23 the several states to be by them exercised"; and
24 WHEREAS, these recommended changes were incorporated
25 as the Ninth Amendment, where the enumeration of certain
26 rights shall not be construed to deny or disparage others
27 retained by the people, and as the Tenth Amendment, where the
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1 powers not delegated to the United States by the Constitution,
2 nor prohibited by it to the States, are reserved to the States
3 respectively, or to the people; and
4 WHEREAS, the several states of the United States of
5 America, through the Constitution and the amendments thereto,
6 constituted a general government for special purposes and
7 delegated to that government certain definite powers,
8 reserving each state to itself, the residuary right to their
9 own self government; now therefore,
10 BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
11 HOUSES THEREOF CONCURRING, That based on the above principles
12 and provisions, we hereby declare by this resolution, that any
13 act by the Congress of the United States, Executive Order of
14 the President of the United States, or Judicial Order by the
15 federal courts which assumes a power not delegated to the
16 government of the United States of America by the Constitution
17 and which serves to diminish the liberty of any of the several
18 states or their citizens shall abridge the Constitution. We
19 further declare that acts which would cause such an
20 abridgement include, but are not limited to, each of the
21 following:
22 (1) Establishing martial law or a state of emergency
23 within one of the states comprising the United States of
24 America without the consent of the legislature of that state.
25 (2) Requiring involuntary servitude, or governmental
26 service other than a draft during a declared war, or pursuant
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1 to, or as an alternative to, incarceration after due process
2 of law.
3 (3) Requiring involuntary servitude or governmental
4 service of persons under the age of eighteen other than
5 pursuant to, or as an alternative to, incarceration after due
6 process of law.
7 (4) Surrendering any power delegated or not
8 delegated to any corporation or foreign government.
9 (5) Any act regarding religion, further limitations
10 on freedom of political speech, or further limitations on
11 freedom of the press.
12 (6) Further infringements on the right to keep and
13 bear arms including prohibitions of type or quantity of arms
14 or ammunition.
15 BE IT FURTHER RESOLVED, That a copy of this
16 resolution shall be forwarded to the United States Senate, the
17 United States House of Representatives, and each member of the
18 Alabama Congressional Delegation.

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