                 Colorado State Sovereignty Resolution
                Dan Druck, Council on Domestic Relations
        
        
                       Editor's Introduction
        
        I got this email on Compuserve 4-15-94 which is most
        interesting.
        
        #: 153 S0/CompuServe Mail
            15-Apr-94 18:46 CDT
        Sb: State Sovereignty Resolution
        Fm: Dan Druck [73543,2304]
        
        GOOD NEWS!!!!!
        
        The State Sovereignty Resolution passed the Colorado
        house 51-13 and is scheduled for vote in the Senate
        Monday, April 18.  The Resolution has been introduced
        in California by Senator Rogers with 21 Co-Sponsors
        (out of 40) in the Senate and 41 Co-Sponsors (out of
        80) in the Assembly.
        
        The CDR has resolution teams forming in more than 28
        states.  We have shifted about 75% of our efforts
        toward this resolution.  We hope to have resolution
        teams in all 50 states by May 15.  PLEASE CONTACT ME IF
        YOU WISH TO HELP.  It's time to stop talking about
        fixing the problem and start fixing it!
        
        I have uploaded the resolution and instructions in the
        We the People Library (1) of this forum.  Filename:
        SOVERNTY.TXT  Keywords:  CDR / Sovereignty. This file
        should be available for downloading by the end of April
        16. [Editor's note: this file is what follows this
        letter.]
        
        Please E-Mail all questions to me and I will respond as
        soon as possible.
        
        In pursuit of liberty,
                       Dan Druck, Council on Domestic Relations
        
        
        
                      SOVERNTY.TXT FILE CONTENTS:
        
            [1]  Commentary on the State Sovereignty Resolution
        
            [2]  "Implementing the "Tenth Amendment - State
                 Sovereignty Resolution"
        
            [3]  The "Tenth Amendment -- State Sovereignty
                 Resolution" (formatted for use in each state)
        
            [4]  Tips on how to achieve "Successful Passage of
                 the 10th Amendment - State Sovereignty
                 Resolution" in your state.
        _______________________________________________________
        
        
        [The following article appeared in the March Edition of
        the Council on Domestic Relations Newsletter.]
        
        [1]  STATE SOVEREIGNTY UNDER OUR CONSTITUTION
             by:  Colorado State Rep, Charles Duke - District 20
        
             House Joint Resolution 94-1035 is one of the more
        interesting pieces of legislation with which I have
        been associated.  Simple in concept, the resolution is
        awakening feelings not felt by Americans for a long
        time.  Good feelings.  Patriotic feelings.  Feelings of
        hope and promise.  Feelings of a proud future free of
        domination.
        
             Not that the resolution itself can deliver these
        feelings.  But, it may be step one in a journey of a
        thousand miles.  I did not at all anticipate that
        others would see what I see in the resolution.  The
        resolution begins by stating the Tenth Amendment to the
        U.S. Constitution: "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."  This amendment does not seem at all
        to be ambiguous.  It says that the powers belonging to
        the federal government are defined and listed by the
        Constitution.  All other powers are reserved to the
        states. (and the people)
        
             The resolution goes on to remind the federal
        government that it was created to be an agent of the
        states. As such, the power of the states is intended to
        be superior to that of the federal government.  In
        1994, the federal government treats the states and its
        citizens as agents for itself.  In (some) cases, the
        "agent" context is even construed to mean "subject".
        It occurred to me that the Tenth Amendment grants us
        rights we have always had.  The federal government is
        not in the business of assuring and granting rights.
        Rather, the overwhelming bulk of policy from the Feds
        is to restrict and limit our rights.  A right, however,
        will rarely be granted by any government body.  for a
        right to be in effect, it must be asserted and claimed.
        
             The pertinent paragraph in HJR 1035 reads as
        follows, "The State of Colorado hereby claims
        sovereignty under the 10th Amendment to the
        Constitution of the United States over all other powers
        not otherwise enumerated and granted to the federal
        government by the United States Constitution."
        
             It is a strong statement of intent by the state
        that we have and are claiming sovereign rights.  It is
        asserting nothing more or less than that to which we
        are entitled under our U.S. Constitution.  The response
        from the people has been, for me, personally rewarding.
        A number of talk shows have featured and are promoting
        the resolution.  When they do, the switchboards
        instantly light up with callers offering words of
        encouragement and support.
        
             Last week a group of young people from a youth
        ministry stopped me in the basement of the Capitol.
        The area was a high traffic area during one of the
        busiest times of the day.  They wanted me to sing the
        Star Spangled Banner with them while they videotaped.
        It took a few moments for them to convince me they were
        serious.  I still thought it was a joke, but I decided
        to play along.  It was no joke.  They let me sing the
        first two bars.  Then they joined me with strong and
        proud voices.  Needless to say, the commotion generated
        quite a bit of interest from passersby.  People were
        looking and smiling at us from every angle.  That did
        not deter us.  The sense of pride and nationalism I
        felt standing with those young people was for me a very
        uplifting moment.  What could have motivated them to
        seek me out?  And why the Star Spangled Banner?  They
        left before I could ask.
        
             The resolution was introduced (in the Colorado
        State House)  March 2, 1994.  It is scheduled to be
        heard in committee March 15.  With a little bit of luck
        and a bucketful of courage, Colorado can take a bold
        step into the future by passing HJR 1035.
        
                             April 15, 1994
        
        [A NOTE FROM THE CDR:  This resolution has passed  the
        Colorado House of Representatives by a vote of 51-13
        and is scheduled in the Senate on April 18, 1994.  The
        CDR in Colorado is working network across the state for
        support on this Sovereignty Resolution, while they are
        fighting gun, education, and other "federally mandated"
        legislation.]
        
        _______________________________________________________
        
        
        [2]  IMPLEMENTING THE  "TENTH AMENDMENT - STATE
             SOVEREIGNTY RESOLUTION"
        
             by:  Colorado State Representative Charles Duke
        
             In the many discussions across several states,
        questions have arisen concerning exactly how the "Tenth
        Amendment Resolution" will help.  A few have also
        wondered, "What's Next?".  Some insight might be gained
        if we look at the reasons the Resolution came to life.
        This discussion is primarily intended for legislators,
        but can be useful for those of you  who are working to
        have it introduced in your state. It may help in  your
        discussions with legislators who you are asking to
        sponsor or support the resolution.
        
             The principal motivation came from the myriad of
        federal mandates which have been placed and are planned
        to be placed on the states.  State legislatures feel
        they have little choice but to implement these mostly-
        unfunded mandates and pass the cost for implementation
        to the state taxpayers.  For most state legislators,
        this is a very frustrating dilemma.
        
             The Tenth Amendment assures that we, the people of
        the United States of America and each sovereign state
        in the Union of States, now have, and have always had,
        rights the federal government may not usurp.  Article
        IV, Section 4 says, "The United States shall guarantee
        to every state in this Union a republican form of
        government.....", and the Ninth Amendment states
        that..."The enumeration in the Constitution, of certain
        rights, shall not be construed to deny or disparage
        others retained by the people".  We have, through
        apathy and lack of will, allowed federal legislators
        and bureaucrats to assert their will over us and
        commandeer our funds for their own use....most of it
        today outside the authority granted to them by the
        Constitution.
        
             When a state passes this resolution proclaiming
        its sovereignty, that state may then claim exemption to
        most federal mandates under the Tenth Amendment of the
        U.S. Constitution.  This was what happened with New
        York v. United States, 112 S. Ct. 2408 (1992).  The
        federal government was attempting to mandate that the
        State of New York accept radioactive waste for
        disposal.  New York pleaded they were exempt from the
        mandate under the Tenth Amendment and the court
        affirmed the Tenth Amendment protection.
        
             Thus, by having proclaimed sovereignty, a state is
        in the position to select those mandates they will
        follow, now by choice, not by edict.   A sovereignty
        resolution does not preclude any state from
        participating in any program they choose, but the
        proponent may no longer claim, "It's a federal mandate.
        We have to do it".  Each state legislator, in
        compliance with his/her oath of office, must then
        examine closely before passage, the Constitutionality
        of any law being considered.
        
             Needless to say, the feds may be unimpressed with
        a statement of sovereignty and attempt to impose
        economic sanctions against the state, as has become
        their pattern over the years.  In anticipation of this,
        each state should also create escrow funds for each
        federally-funded major program.  That is, the states
        will collect the major sources of federal funds, such
        as gas tax and income tax, in behalf of the federal
        government and make monthly disbursements to the feds
        from these escrow funds...but only if the funds are to
        be used for purposes which are allowed in the
        Constitution.  The cost for maintaining this flow-
        through operation can be borne through the short term
        interest gained from the escrow accounts. It is easy to
        see the savings that are possible when the
        bureaucracies established on the federal level to dole
        out funds to the states are no longer needed.
        Additionally,  the tremendous tax burden on all
        Americans can be eased because of the decreased
        spending.
        
             Should the feds then decide to place economic
        sanctions, generally meaning the withholding of certain
        funds, the state could then simply stop making the
        monthly disbursement to the feds and retain the funds
        in the escrow accounts.  When the matter is resolved,
        and it certainly will be, the disbursements could
        continue. This approach also allows the placing of
        surcharges on those federal payments in order to pay
        for the cost of implementing federal programs.
        
             The exact mechanism for creating these funds will
        vary from state to state, but the idea is fairly
        universal.  In most cases, the funds in question
        properly belong to the state in question to begin with.
        There are those who believe there is no such quantity
        as "federal funds" in the first place.  Every dollar
        disbursed by the feds originated somewhere through the
        sweat of someone's labor.  The sovereignty proclaimed
        by the state simply inserts the authority of the state,
        guaranteed by the U.S. Constitution, at a point to re-
        assert control which should never have been given over.
        This measure will then relieve the pressure of
        frustration from a federal government wildly out of
        control and move the decision process much closer to
        the people.
        
             Should the feds decide to utilize their hired
        guns, the judicial system, in order to coerce
        obedience, sovereignty again allows the state to ignore
        orders of the court.  The feds will not, in my opinion,
        go to more forceful coercions beyond the court system
        for fear of triggering their ultimate demise.  They do
        not want this and neither do we.  We are perfectly
        within our rights to proclaim protection from federal
        oppression by our United States Constitution.  It was
        created with exactly these protections in mind.
        
        _______________________________________________________
        
        
            TENTH AMENDMENT - STATE SOVEREIGNTY RESOLUTION
        
                      STATE OF ___________________
        
        
                WHEREAS,  The 10th Amendment to the
        Constitution of the United States reads as follows:
        
                "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."; and
        
                WHEREAS,  The 10th Amendment defines the total
        scope of federal power as being that specifically
        granted by the United States Constitution and no more;
        and
        
                WHEREAS, The scope of power defined by the 10th
        Amendment means that the federal government was created
        by the states specifically to be an agent of the
        states; and
        
                WHEREAS,  Today, in 1994, the states are
        demonstrably treated as agents of the federal
        government; and
        
                WHEREAS,   Numerous resolutions have been
        forwarded to the federal government by the _____General
        Assembly without any response or result from Congress
        or the federal government; and
        
                WHEREAS,   Many federal mandates are directly
        in violation of the 10th Amendment to the Constitution
        of the United States; and
        
                WHEREAS,  The United States Supreme Court has
        ruled in New York v. United States, 112 S. Ct. 2408
        (1992), that Congress may not simply commandeer the
        legislative and regulatory processes of the states; and
        
                WHEREAS, A number of proposals from previous
        administrations and some now pending from the present
        administration and from Congress may further violate
        the United States Constitution; now, therefore,
        
                Be It Resolved by the  ________ of the _____th
        General Assembly of the State of ________, the
        __________ concurring herein:
        
                (1) That the State of ___________ hereby claims
        sovereignty under the 10th Amendment to the
        Constitution of the United States over all powers not
        otherwise enumerated and granted to the federal
        government by the United States Constitution.
        
                (2)  That this serve as Notice and Demand to
        the federal government, as our agent, to cease and
        desist, effective immediately, mandates that are beyond
        the scope of its constitutionally delegated powers.
        
                Be It Further Resolved,  That copies of this
        Resolution be sent to the President of the United
        States, the Speaker of the United States House of
        Representatives, the President of the United States
        Senate, the Speaker of the House and the President of
        the Senate of each state's legislature of the United
        States of America, and _______'s Congressional
        delegation.
        
        ______________________________________________________
        
        
                     IMPORTANT...Please read the following
        suggestions from Colorado Rep. Charlie Duke,  (no
        relation to David Duke) relative to the introduction
        and successful passage of the 10th Amendment - State
        Sovereignty Resolution.  The Council on Domestic
        Relations has already formed resolution teams in more
        than 28 states.  Rep. Duke is working with us so as to
        increase our chances for success.
        
        PLEASE CONTACT US IF YOU WOULD LIKE TO HELP.  WE ARE
        WORKING TO PUT AS MANY CO-SPONSORS ON THE RESOLUTION IN
        EACH STATE AS POSSIBLE!!!!.
        
        
        
        TIPS ON HOW TO ACHIEVE "SUCCESSFUL PASSAGE OF THE 10th
        AMENDMENT STATE SOVEREIGNTY RESOLUTION" IN YOUR STATE.
        
             The following will suggest a few ideas you may
        want to use to introduce and assure the success of the
        passage of the 10th Amendment-State Sovereignty
        Resolution in your state.
        
             Every measure in any state legislature must be
        introduced by the legislators for that state.  The
        resolution needs a prime sponsor in the House of
        Representatives, a prime sponsor in the Senate and as
        many co-sponsors as can be enlisted.
        
            Ordinarily, a legislator who would be interested in
        a strong Tenth Amendment stance will have an interest
        in other patriot issues such as Constitutional rights
        and freedoms, a balanced budget, the right to keep and
        bear arms, honoring veterans and our American flag, and
        opposing federal mandates.  If you don't know who these
        might be, visit or call your state capitol and ask for
        a status sheet.  This is a document that gives the
        name, number, status and usually the prime sponsor of a
        bill.  Look for key words common to a patriot's
        vocabulary, such as those mentioned above.  Then,
        contact those legislators and discuss the resolution
        with them.  If the legislator you contact has no
        interest he will generally know another who shares our
        views and interests.  Be certain of the legislator's
        stance on patriot issues before you ask him or her to
        be the prime sponsor.  Some legislators will agree, or
        even ask to be the prime sponsor for the express
        purpose of inflicting fatal damage to the resolution.
        Needless to say, these legislators are not our friends
        and should be avoided.
        
             Now, let's say you have found a legislator who is
        acceptable and who has agreed to be the resolution's
        prime sponsor.  In many states, measures are first
        assigned to a committee for hearing.  This is usually
        the place where public input is allowed and sought.  If
        possible, find co-sponsors who are on the committee to
        which the resolution is likely to be assigned.. the
        Chairman of that committee would be excellent.  If you
        have a committee chairman who opposes the resolution,
        regardless the number of co-sponsors, the resolution
        could die in that committee as it is the Chairman who
        decides whether or not to call a measure for vote.
        Usually a prime sponsor can ask for an alternate
        committee assignment if the most probable committee
        assignment is determined to be a hostile committee.
        
             Your prime sponsor should know the likely
        committee of assignment and the names of the members of
        that committee.  The Committee Chairman can also tell
        you who the influential members of that committee are.
        Supporters of the resolution in your state can help the
        prime sponsor by contacting the members of the
        committee and asking for their favorable consideration.
        Be polite.  Most legislators lead a fairly demanding
        lifestyle and a little courtesy will go a long way
        towards insuring the successful passage of the
        resolution.
        
             Make preparations to have people from your state
        testify  at the committee hearings.  Positive citizen
        testimony is worth a great deal.  Regardless of your
        anger at the direction your government is going, speak
        instead of the brighter future that lies ahead for
        those with the courage to reclaim our freedom as
        secured by our Constitution.  Your prime sponsor will
        also know the ins and outs of measures in your state.
        Follow their lead, but offer and be willing to help the
        process along.  The stakes are high (potentially losing
        our Country)....and the reward is great.
        
             Locate the talk show hosts and columnists in your
        area who express patriot views. Contact those hosts and
        columnists and solicit their help in your effort.  This
        should not be difficult, as this subject is of keen
        interest across America and will generate listeners and
        readers.  The Tenth Amendment is fairly easy to
        understand and explain, but the implications of its
        assertion are far-reaching.  Some in the media will see
        that and be glad to lend their support.
        
             Finally, enlist your friends, family, neighbors,
        other groups and organizations to assist you in
        contacting every member of your state legislature to
        encourage their support.  Pay particular attention to
        those who refuse, for they are major contributors to
        the problems facing America.  There is strength in
        numbers.  Take strength from the knowledge that there
        are those who also love their country and are active in
        their own states.  Take courage from the spirit that
        founded our  Country.  United in this strength and
        courage America can and will be once again the great
        nation  which our forefathers envisioned.
        
        
        Thank you for your support of this most important
        measure.
        
                         Representative Charles Duke, Colorado,
        
        
                    For further information contact:
                   THE COUNCIL ON DOMESTIC RELATIONS
                             P.O. Box 3362
                        Springfield, Ill, 62708
          Call 217-854-4008 or 708-471-6747  Fax 217-854-4343
            In Colorado  Call 303 922-5315  -  Fax 986 8597
