Oklahoma sovereignty bill

Contents

Overview

House Concurrent Resolution 1028, or the Oklahoma sovereignty bill, was introduced by State Rep Charles Key and was passed on May first just ten days after a similar bill was vetoed by Governor Brad Henry.[1] The bill is considered a reaction to the increasing role of federal government in state affairs, which many believe reached unforgivable levels with the implementation of President Barack Obama's stimulus bill and its accompanying regulations of state activities, particularly in the management of business.

Legal Basis for the Bill

The bill bases its claim of state sovereignty on the wording of the 9'th and 10'th amendments to the Constitution which affirm that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" and "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."[2] Under these Constitutional rights, the bill declares 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."[3]

Future of the Bill

Although Governor Brad Henry vetoed the bill, the newly passed version of the sovereignty declaration doesn't require his approval.[4] As such, the success of the measure in Oklahoma itself is all but assured. The reaction from the White House and Congress to this demand to assume more Constitutional roles may not be as enthusiastic. As the bill has not yet been sent to Washington, however, this is only speculation.

References


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