On February 12 2009, bill H.3509 was introduced during the118
th Session of the South Carolina General Assembly. The Concurrent Resolution's freedom-fighter sponsors are
Repsentatives Michael Pitts,
Jeff Duncan,
Michael Thompson,
Don Bowen,
Mac Toole,
Tommy Stringer,
Dan Hamilton,
Gene Pinson,
Eric Bedingfield,
Garry Smith,
Dan Cooper,
Kris Crawford,
Deborah Long,
Philip Lowe,
Wendy Nanney,
Phil Owens,
Ted Pitts,
Rex Rice,
Thad Viers,
Brian White,
Nikki Haley and
Alan Clemmons.The Bill:
A CONCURRENT RESOLUTION
TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.
Whereas, the South Carolina General Assembly declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State, and shall exercise and enjoy every power, jurisdiction, and right pertaining thereto, which is not expressly delegated by them to the United States of America in the congress assembled; and
Whereas, some states when ratifying the Constitution for the United States of America recommended as a change, "that it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid are reserved to the several states to be by them exercised"; and
Whereas, these recommended changes were incorporated as the Ninth Amendment, where the enumeration of certain rights shall not be construed to deny or disparage others retained by the people, and as the Tenth Amendment, where 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 several states of the Untied States of America, through the Constitution and the amendments thereto, constituted a general government for special purposes and delegated to that government certain definite powers, reserving each state to itself, the residuary right to their own self government. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina, based on the above principles and provisions, hereby declares by this resolution, that any act by the Congress of the United States, Executive Order of the President of the United States, or Judicial Order by the federal courts which assumes a power not delegated to the government of the United States of America by the Constitution and which serves to diminish the liberty of any of the several states or their citizens shall abridge the Constitution. The General Assembly further declares that acts which would cause such an abridgment include, but are not limited to:
(1) establishing martial law or a state of emergency within one of the states comprising the United States of America without the consent of the legislature of that state;
(2) 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;
(3) requiring involuntary servitude or governmental service of persons under the age of eighteen other than pursuant to, or as an alternative to, incarceration after due process of law;
(4) surrendering any power delegated or not delegated to any corporation or foreign government;
(5) any act regarding religion, further limitations on freedom of political speech, or further limitations on freedom of the press; and
(6) further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition.
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and each member of the South Carolina Congressional Delegation.
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These are fine words, indeed. If this bill passes and by any means the feds attempt to further abridge the right to keep and bear arms, for instance, South Carolina, will consider that this act "shall abridge the Constitution."
This House version enumerates several areas further infringement upon which will not be tolerated. As with the Constitution, however, this enumeration can and will be used a double edged sword. What about other areas? And what about follow up when the inevitable happens?
This is all happening very fast. I hope it is not too late as it was for South Carolina in 1860.
The Senate version of the bill S.424 contains this bolder resolve:
"Be it further resolved that all governmental agencies, quasi-governmental agencies, and their agents and employees operating within the geographic boundaries of the State of South Carolina, or all governmental agencies and their agents and employees, whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution of the United States or be subject to penalty of law as provided for now or in the future, within the Constitution of South Carolina, the South Carolina statutes, or the common law as guaranteed by the Constitution of the United States."
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Either operate "within the original intent of the Constitution," or face the music. Dare we hope this wording wikk be retained in the final version?
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Who are the representatives talking to? Where are they leading? Are they leading or are they game playing? Do they know the difference?
Are they are merely trying to muddle through a dimly glimpsed political (certainly not historical) change? Most of them have been convinced, no doubt, that since so many similar resolutions are being introduced across the empire, that they can get away with making a seemingly principled statement that will preserve South Carolina's standing in the club of "conservative" States, and perhaps get them a few pats on the back at home, without an serious expectation that anything radical (unpatriotic) was ever intended. Is it merely a rhetorical flourish intended to appease the occasional twinge of pride in the slavish mind?
How many of these individuals are actually aware that the end game has begun?
By the 1980s it had become obvious to many that the internal contradictions of the Soviet system were beyond any conceivable remedy available within the system itself. So it is now with the United States, and for many of the same reasons.
Could this bill be evidence of willful and perverse denial and misrepresentation of facts on the scale of the late Soviet Union? For the legislators of South Carolina to demand that the Federal Government of the United States reform itself and begin to operate "within the confines of the original intent of the Constitution" communicates, above all, that those who have affixed their names to the document are willing to publicly proclaim nonsense. Are they utterly unaware or utterly unprincipled?
Who can study the Constitution and conclude other than that the original intent of the document was to create a confederation of sovereign States. At what point does an educated individual become so detached from a common sense interpretation of words that he begins to speak of a further breach of the spirit of that document as the significant one - suddenly more significant than all the preceding ones?
It is only as formulaic public political speech manufactured for limited non-substantive (not to be taken literally) purposes, intended for consumption within a political system in which such statements are seen to represent no more than insignificant conjurers of vague feelings, devoid of concrete referents, that such a apparent steadfast defense for the Constitution's original intent by any intelligent, educated and generally truthful individual who, despite those words ,continues to support his State's participation in the union headquartered in Washington D.C., makes any sense at all.
Can anyone believe that within this bold utterance there resides a resolve to act upon its principles and promises? Such a resolve would necessarily rest upon a shared understanding of fixed definitions of ideas and things capable of inspiring a radically new response to the accustomed, reoccurring and anticipated insults it addresses. Does such a shared resolve currently exist within these groups of cosponsors?
Imagine the spectacle of a firing squad conducted by a revolving committee. The initial committee musters the firing squad but demands that it not shoot at the former leader bound and gagged before it. A second committee forms to demand that a single shot be fired at the prisoner. As the afternoon passes, subsequent committees dictate various numbers of shots. Now, at day's end, our present committee forms. Seeing its duty in following initial precedent, the committee orders the exhausted firing squad to desist, not in overdue recognition of the obvious moribund condition of the bloody heap before it, but in the absurd expectation that the former living being reanimate itself, stand up and live again.
There is something deeply disturbing about in all this. An almost sanguine embrace of unreality. Are these men and women aware that the former U.S. President called the Constitution a g**d***** piece of paper? How did they then respond as their sacrosanct document was reviled? When he suspended habius corpus and posse comitatus where were the resolutions?
Does anyone seriously expect that serious sanctions will fall upon federal agents when thy inevitably ignore this "law?" And who will feel embarrassment or shame when this happens? Will any of them feel a single pang of any recognizable human emotion? Serious consequences to these fine words? My word, no!
If I have written substantially in criticism while I should have praised this work and its promoters to the rooftops, I offer this in defense: my mind simply refused to be carried along by the fairly intoxicating elixir of the beautiful sentiments embodied in these noble documents. They are so powerfully moving that I must resist their embrace in order simply to retain equilibrium.
It must not have been easy for some of them! We have entered uncharted waters and none of us can know just what to do. Those who placed their signature on bills H.3509 are not donothings. Some of them would wish to be even bolder, some less, but all are worthy of our respect.
My thanks to those whose names appear above.
If you want more of the same than click on the links provided and thank and encourage these men and women.