Getting State Sovereingty (SC)
Today I am flying the Title of Liberty Flag, a (new) Patriot flag I fly when Liberty overcomes Tyranny! The House in South Carolina has passed the affirmation of the 10th amendment with an added bonus amendment that reaffirms the 6th Amendment of the U.S. Constitution.
The Sovereignty Resolution passed the State House of Representatives today (2/2/10); however, since it was amended, it most go back to the Senate for approval.
On Sept 29, 2009 I posted a blog “Got State Sovereignty?” This post covers the subject of State Sovereignty with many links for proofs and references. From that post, here’s a review:
What is State Sovereignty?
When the Constitution was being ratified during the 1780s, the 10th Amendment was understood to be the linchpin that held the entire Bill of Rights together. The amendment states: “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.
First of all, it is the new political “buzzword” replacing “States Rights,” a term used mostly during the era of desegregation And from that time acquired a relatively negative connotation. Renamed, “States Rights” (which is still valid) is now being called “State Sovereignty.” Same valid concept, just a different name. To fully appreciate the concept and reasons for State Sovereignty, we must initially look into the wording of the 10th Amendment to the U.S. Constitution, also part of the Bill of Rights. The Amendment is surprisingly short and straightforward:
The Item had passed the Senate, and now has passed the house … it now goes back to the Senate for final adjustment and should be passed and signed soon. Here is the wording of the recently passed legislation for the reaffirmation of the 10th Amendment with the attendant reaffirmation of the 6th Amendment.
- The 10th Amendment clearly states:
- “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.”
S. 424–ADOPTED AND RETURNED TO THE SENATE WITH AMENDMENTS
The following Concurrent Resolution was taken up:
S. 424 (Word version) — Senators Bright, S. Martin, Alexander, Campbell, Fair, Knotts, Cromer, Mulvaney, Verdin, L. Martin, Shoopman, Rose, McConnell, Thomas, Cleary, Courson, Coleman, Davis, Reese, Campsen, Grooms, Ryberg, Peeler, O’Dell, Bryant and Massey: A CONCURRENT RESOLUTION TO AFFIRM THE RIGHTS OF SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.
Rep. J. E. SMITH proposed the following Amendment No. 8 (COUNCIL\AGM\19805AB10), which was tabled: Amend the concurrent resolution, as and if amended, page 4, immediately after line 22, by inserting: Whereas, the Sixth Amendment to the United States provides “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense”; and
Whereas, by guaranteeing a speedy public trial for criminal offenses, requiring trial by a jury, guaranteeing the right to know the charges against the accused, guaranteeing the right to legal counsel for the accused, and guaranteeing that the accused may require witnesses to attend the trial and testify in the presence of the accused, the Sixth Amendment provides every South Carolinian peace of mind in knowing the wrongly accused is protected from the tragedy of wrongful conviction, imprisonment, or other punishment. Therefore, the protections afforded by the Sixth Amendment to the United States Constitution are of upmost importance to the Citizens of South Carolina and the State of South Carolina; and / Amend the concurrent resolution further, page 6, immediately after line 13, by inserting: Be it further resolved that the General Assembly of the State of South Carolina, by this resolution, affirms its support of the Sixth Amendment to the United States Constitution. /Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH spoke in favor of the amendment. Rep. BEDINGFIELD moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Yeas 60; Nays 38
Those who voted in the affirmative are:
Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cole Cooper Daning Delleney Duncan Erickson Forrester Gambrell Hamilton Hardwick Harrell Harrison Hearn Herbkersman Hiott Horne Huggins Kelly Limehouse Littlejohn Long Lowe Lucas Millwood D. C. Moss V. S. Moss Nanney Parker Pinson M. A. Pitts Rice Sandifer Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stewart Stringer Toole Umphlett Viers White Whitmire Wylie A. D. Young T. R. YoungTotal Yeas –60
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Branham Brantley H. B. Brown R. L. Brown Clyburn Dillard Funderburk Gilliard Govan Gunn Hayes Hodges Hosey Hutto Jefferson Kennedy King Mack McEachern McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Parks J. E. Smith Stavrinakis Thompson Weeks Williams Total Nays = 38
SC Sovereignty Flag
A little history for South Carolina: The use of the 10th Amendment in conjunction with nullification garnered much attention in 1828, when the federal government passed a tariff that southerners believed affected them disproportionately. When the 1828 tariff was complemented by another in 1832, Vice President John C. Calhoun resigned the Vice Presidency to lead his home state of South Carolina in pursuit of an “ordinance of nullification,” which was no less a declaration of the sovereignty of each individual state within the union than the declarations now being made.
Calhoun was simply exercising what he recognized to be his state’s right to defend liberty within its borders by rejecting the dictates of an overbearing central government. While his efforts culminated in a tense affair referred to as the “nullification crisis,” which saw everything from threats of a federal invasion of South Carolina to an ongoing and near union-rending debate over national power vs. state’s rights, they also succeeded in turning back the tariffs that had been passed in spite of the Constitutional limits on federal power.
The Bottom Line
The 10th Amendment Center is, without a doubt, the best current refer to site for 10th Amendment information. If you have an interest in this subject, you should go there and discover all the related issues to this central issue.
With an out-of-control Federal Government, the 10th Amendment is a recognized Constitutional Barrier between total federal tyranny and the basic liberties and freedoms that were guaranteed in the Bill of Rights. It is more important than ever to re-affirm this part of the Constitution first as a warning to Federal imposition and second as a legal barrier to Federal imposition. We cannot afford the mandates being placed on taxpayers by the Federal Government. If the “blue” states want to pay for the mandates, that is their “right” … in South Carolina, we are deciding we do not want to pay for the Federal mandates.
- On a local note: State Senator Tom Davis will be speaking at the Hilton Head Island Tea Party Constitution Class on Feb 20th, 2010, and his subject will be State Sovereignty. This meeting has been “filled” attendance-wise, but more classes are scheduled. You can get the information HERE.
Relevant Posts, References and Updates
- The 10th Amendment Center Best source of 10th Amendment information.
- The 10th Amendment Center Raising the bar for Nullification
Elyria, Ohio:
A Jobs Bill? Surely the people of Ohio and the rest of this country aren’t going to swallow the Kool Aid AGAIN are they? We already had a jobs bill this year it was a $
