Assertion of state sovereignty.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0031

HOUSE JOINT RESOLUTION
NO.
HJ0005

Assertion of state sovereignty.

Sponsored by:
Representative(s) Childers, Cohee, Davison, Hallinan, Jaggi, McOmie, Shepperson and Wallis and Senator(s) Case, Coe and Townsend

A Bill

for

A JOINT RESOLUTION requesting Congress to
cease the abridgment of state's rights.

WHEREAS,

t
he Constitution of the State of Wyoming declares that all power is inherent in the people and all free governments are founded on their authority and instituted for their peace, safety and happiness, for the advance of these ends they have at all time
s
an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper;
and

WHEREAS, we proclaim that the right to self government may never be expressly delegated to the United States Congress;
and

WHEREAS, the Constitution of the State of
Wyoming
declares that absolute, arbitrary power over the lives, liberty and property of free men exists nowhere in a republic, not even in the largest majority;
and

WHEREAS, the people of the State of Wyoming agree that all powers not expressly delegated to the federal government in the United States Constitution and Bill of Rights must be reserved and exercised by individual states;
and

WHEREAS, when Wyoming entered into statehood in 1890, that entrance was accomplished by a contract between Wyoming and the several states, with Congress and the President concurring and acting as the agent for the several states, a contract known as the "Act of Admission";
and

WHEREAS, a contract, compact or treaty must be implemented consistent with the terms and understandings in place at the time it is entered into;
and

WHEREAS, the protection of these states' rights is enumerated in amendments to the federal Constitution and Bill of Rights, which state 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.
"

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF
WYOMING
:

Section 1.

(a)

That the several states of the
United States
are not united on the principle of unlimited submission to general government, but by ratifying the federal Constitution and Bill of Rights, they constituted a general government for special purposes and delegated to that government certain definite powers, while reserving all other rights
.

(b)

That when the general government assumes undelegated powers, its acts are void and of no force
.

(c)

That the government created by the federal Constitution and Bill of Rights was not granted the right to determine the extent of the powers delegated to itself, since that would have made its discretion, and not the federal Constitution and Bill of Rights, the measure of its powers
.

(d)

That the federal Constitution and Bill of Rights delegated to Congress a power to punish treason, counterfeiting of the securities and current coin of the United States, piracies, felonies committed on the high seas, offenses against the law of nations, slavery and no other crimes
.

(e)

That all acts of Congres
s that assume to create, define
or punish crimes, other than those enumerated in the federal
C
onstitution and Bill of Rights, are void and of no force
.

(f)

That the power to create, define and punish other crimes is reserved by the states
.

(g)

That power over the freedom of religion, freedom of speech and freedom of the press remains and is reserved by the states or the people, allowing states the right to judge how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom and how far those abuses, which cannot be separated from their use, should be tolerated, rather than allowing the use to be destroyed
.

(h)

That states are guarded against all abridgment by the
United States
of the freedom of religious opinions and exercises and retain the right of protecting the same
.

(
j
)

That all acts of Congress that abridge freedom of religion, freedom of speech or freedom of the
press are not law and are void
.

(
k
)

That power over the freedom of the right to keep and bear arms was reserved to the states and to the people, allowing states the right to judge how far infringements on the right to bear arms should be tolerated, rather than allowing that exe
rcise to be defined by Congress
.

(
m
)

That states and the people are guarded against all abridgment by the
United States
of the right to keep and bear arms and retain the right of protecting that right
.

(
n
)

That all acts of Congress that abridge the right to bea
r arms are not law and are void
.

(
o
)

That Congress's interpretation of those parts of the federal Constitution and Bill of Rights that delegate to Congress a power "to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States" and "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof" has attempted to
destroy the limits of its power
.

(
p
)

That those parts of the federal Constitution and Bill of Rights, detailed in subsection (
o
) of this section, must not be construed to give unlimited powers to the federal government, and that Congress's inappropriate interpretation must be revised and corrected
.

(
q
)

That if
Wyoming
accepts these inappropriate interpretations and continues to allow Congress to exercise unbridled authority, it would be surrende
ring its own form of government
.

(
r
)

That the people of this state will not submit to undelegated and consequently unlimited p
owers
.

(
s
)

That every state has a right to nullify all assumptions of power by others within their limits, and that without this right, states would be under the dominion and power of anyone who m
ight try to exercise that power
.

(
t
)

That it would be a dangerous delusion to silence people's fears for the safety of their rights
.

(
u
)

That this state calls on its costates for an expression of their sentiments on acts not authorized by the United States Constitution
.

(
w
)

That the rights and liberties of Wyoming and its costates must be protected from any dangers by declaring that Congress is limited by the federal Constitution and Bill of Rights
.

(
y
)

That any act by the Congress of the United States, Executive Order of the President of the Uni
ted States
or Judicial Order of the United States that assumes a power not delegated by the federal Constitution and Bill of Rights diminishing the liberty of this state or its citizens constitutes a nullification of the federal Constitution and Bill of Rights by the government of the United States. Acts that would cause a nullification and a breach include but are not limited to:

(i)

Establishing martial law or a state of emergency within a state without the consent of the legislature of that state;

(ii)

Requiring involuntary servitude or governmental service other than a draft during a declared war or pursuant to or as an alternative to incarceration after due process of law;

(iii)

Requiring involuntary servitude or governmental service of persons under the age of
eighteen (
18
)
other than pursuant to or as an alternative to incarceration after due process of law;

(iv)

Surrendering any power delegated or not delegated to any corporation or foreign government;

(v)

Any act regarding religion, further limitations
on freedom of political speech
or further limitations on freedom of the press; or

(vi)

Any act regarding the right to keep and bear arms or further limitations on the right to bear arms, including any restrictions on the type or number of firearms or the amount or type of ammunition any law-abiding citizen may purchase, own or possess.

(
z
)

That if any act of Congress becomes law or if an Executive Order or Judicial Order is put into force related to the reservations expressed in this resolution, Wyoming's "Act of Admission" is breached and all powers previously delegated to the United States by the federal Constitution and Bill of Rights re
vert to the states individually
.

(
aa
)

That any future government of the
United States
shall require ratification of three-fourths
(3/4)
of the states seeking to form a government and shall not be binding upon any state not seeking to form a government.

Section 2.
That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation.

(END)

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HJ0005