New York State Sovereignty Resolutions - NYS Resolutions

New York State Sovereignty Resolutions - NYS Resolutions


All NYS residents are encouraged to join this site and participate ..


Resolution declaring NYS sovereignty according to the 10th amendment

People of the State of New York
In the Year of Our Lord Two Thousand Nine

A Resolution affirming State Sovereignty based on Jeffersonian Principles.




Whereas the New York Bill of Rights, Article 2, § 2 of the Civil Rights Law guarantees to the Citizens of New York State, — “Supreme Sovereignty in the People. No authority can, on any pretence whatsoever, be exercised over the Citizens of this State, but such as is or shall be derived from and granted by the People of this State[1];” and

Whereas the Constitution of the State of New York, Article I, § 1 guarantees that — “No member of this State shall be disfranchised, or deprived of any of the Rights or Privileges secured to any Citizen thereof, unless by the law of the land, or the judgment of his or her peers[2];” and

Whereas the Constitution of the State of New York, Article I, § 3 guarantees to its Citizens, — “The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all humankind; and no person shall be rendered incompetent to be a witness on account of his or her opinions on matters of religious belief; but the Liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State[2];” and

Whereas the Constitution of the State of New York, Article I, § 8 guarantees that — “Every Citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the Liberty of speech or of the press[2];” and

Whereas the Constitution of the State of New York, Article I, § 9 guarantees that — “No law shall be passed abridging the rights of the People peaceably to assemble and to petition the government, or any department thereof[2];” and

Whereas the Constitution of the State of New York, Article I, § 12 guarantees — “The Right of the People to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized;” and — “The right of the People to be secure against unreasonable interception of telephone and telegraph communications shall not be violated, and ex parte orders or warrants shall issue only upon oath or affirmation that there is reasonable ground to believe that evidence of crime may be thus obtained, and identifying the particular means of communication, and particularly describing the person or persons whose communications are to be intercepted and the purpose thereof[2];” and

Whereas the Constitution of the State of New York, Article IV, § 3 guarantees — “The Governor shall be Commander-in-Chief of the military and naval forces of the State[2];” and

Whereas the Constitution of the State of New York, Article XII, § 1 guarantees — “The defense and protection of the State and of the United States is an obligation of all persons within the State. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia[2];” and

Whereas the New York Bill of Rights, Article 2, §4 of the Civil Rights Law, guarantees to the People of New York State, — the “Right to keep and bear arms. A well regulated militia being necessary to the security of a Free State, the right of the People to keep and bear arms cannot be infringed[3];” and

Whereas Article 4, § 2 of the New York Civil Rights Law has established a prohibition against Discrimination of any person wearing a United States military uniform[4]; and

Whereas it was expressly moved and agreed by the Delegates of the People of the State of New York, assembled at Poughkeepsie the second day of July in the year of our Lord One Thousand Seven Hundred and Eighty-eight, for the Convention of the State of New York on the Adoption of the Federal Constitution, and recommended as revision Article 1, § 8, Clause 18, — “Provided, That no power shall be exercised by Congress, but such as is expressly given by this Constitution; and all others, not expressly given, shall be reserved to the respective States, to be by them exercised[5,6];” and

Whereas in addition to the general principle, as well as the express declaration, it was further decreed by said New York Delegation when ratifying the Constitution for the United States, done in Convention at Poughkeepsie in the County of Dutchess in the State of New York the twenty-sixth day of July in the year of our Lord One Thousand Seven Hundred and Eighty-eight, — “That all Power is originally vested in and consequently derived from the People, and that Government is instituted by them for their common Interest, Protection and Security;” and “That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same; And that those Clauses in the said Constitution, which declare, that Congress shall not have or exercise certain Powers, do not imply that Congress is entitled to any Powers not given by the said Constitution; but such Clauses are to be construed either as exceptions to certain specified Powers, or as inserted merely for greater Caution[7];” and

Whereas several of the other States that included recommendations, to wit Massachusetts, New Hampshire, North Carolina, Rhode Island and Virginia, authored identical or similar recommended revision; and

Whereas these recommended changes were incorporated as the Ninth Amendment, — “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People[8];” and the Tenth Amendment, — “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[8];” and

Whereas the Constitution for the United States, Article IV, § 4 provides — That “the United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion[9];” and

Whereas the Constitution for the United States, Article XIII, § 1 provides —“Neither Slavery nor involuntary servitude, except as a punishment for crime; whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction[10];" and

Whereas the honorable Supreme Court of the United States of America has ruled in New York v. United States, 112 S. Ct. 2408 (505 U.S. 144, 1992), that Congress is prohibited from commandeering the legislative and regulatory processes of the States[11]; and

Whereas, the People of the State of South Carolina, assembled in Convention, declared and ordained that the Act of the Congress of the United States, entitled “An Act further to provide for the Collection of Duties on Imports,” commonly called the Force Bill,[12] approved on the Second day of March, 1833, was found by the People to be unauthorized by the Constitution of the United States, subversive of that Constitution, and destructive of public Liberty; and that said Act was “deemed, null and void, within the limits of this State,”[13] and was subsequently unenforced and withdrawn by the federal government; and

Whereas, the State of Montana found that an Act of Congress entitled, the Real ID Act of 2005, to be in violation of the Tenth Amendment of the Constitution for the United States, and that said Act effectively denies the People of their fundamental right to assembly and to petition the Government as guaranteed in the First Amendment of said Constitution; and That the 2007 Legislature of the State of Montana enacted House Bill Number 287 entitled, “An Act Opposing the Implementation of the Federal Real ID Act and directing the Montana Department of Justice Not to Implement the Provisions of the Federal Act [14];” and

Whereas several of the other States have passed similar legislation and resolutions opposing the Real ID Act of 2005, to wit Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, and Washington[15]; and

Whereas several of the other States have introduced or enacted legislation affirming States’ Sovereignty, to wit Alabama, Alaska, Arizona, Arkansas, Colorado, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, and Wisconsin[16]; and

Whereas in the Course of a Nation’s history, when it becomes necessary for its People to confront Tyranny which has moved to assume all the powers of the earth, and to reclaim their separate and equal station to which the Supreme Laws of the Land, Laws of Nature, and of Nature's God entitle them, a decent respect to the opinions of humankind requires that the People should declare the causes which impel Patriots to Words and Acts of Dissent, as is every American’s birthright[17]; and

Whereas we hold these truths now and always to be self-evident, that all States and their respective People are created Free and Sovereign, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. — That to secure these rights, governments are instituted among the People, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, and dares to endeavor in any way the circumvention of the Constitution and compromise of The Republic, it is the Right of the People to hold said Government and its administrators accountable through all means at their disposal, and to institute new Government, laying its foundation on the Constitutional Principles of the ordained American Republic and organizing its Representative Powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience has shown that humankind is more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same unconstitutional, tyrannical Order of Things, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off the chains of enslavement, and to provide new Guards for their future security[17]; now, therefore, let it be known to all the people and powers of the earth, before God and our countrymen,

In the Name and by the Authority of the People of the State of New York, Represented in Assembly and Senate, for the Honorable Declaration of State Sovereignty and Perpetual Liberty,

We are hereby

1. Resolved, That the State of New York affirms its Sovereignty under the Bill of Rights to the New York Civil Rights Law, the Constitution of the State of New York, and the Ninth and Tenth Amendments to the Constitution for the United States, over all powers not enumerated and granted to the Federal Government of the United States by the Constitution; and that whensoever the Federal Government assumes undelegated powers, its acts are unauthoritative, void, and of no force, as the State has always and shall remain Imperium in Imperio; and That no Citizen of the State of New York, or any of the several States shall under any circumstance, benign or hostile, bow before any foreign sovereign or nation, or any international entity.

2. Resolved, That the several States comprising the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

3. Resolved, That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offenses against the law of nations, and no other crimes, whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the People,” therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution, are altogether void, and of no force; and that the power to create, define, and punish such other crimes, including fraud committed on Citizen investors and depositors through the trading companies and banks of the State of New York State, and the Federal Reserve of New York, is reserved, and, of right, appertains solely and exclusively to the State.

4. Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, 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 powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their powers by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction, at a time of greater tranquility, while those specified in the preceding resolutions call for immediate redress.

5. Resolved, That a committee of conference and correspondence be appointed, who shall have in charge to communicate the preceding resolutions to the Legislatures of the several States: to assure them that this State continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their federal compact, to be friendly, to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this State is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the People, a change by the People would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this State, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them; that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism — free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the Congressional Acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits, Let him say what the government is, if it be not a tyranny. In questions of powers, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this State does therefore call on its co-States for an expression of their sentiments on acts not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this State in considering acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States (not merely as the cases made federal, casus fœderis but), in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories.

6. Resolved, That the said committee be authorized to communicate by writing or personal conference, at any times or places whatever, with any person or persons who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court.

7. Resolved, That any Act by the Congress of the United States, Presidential Directive or Executive Order of the President of the United States of America, or Judicial Order by the Judicatories of the United States of America, which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America, and which serves to diminish the Liberty of any of the several States or their Citizens shall constitute a nullification of the Constitution for the United States of America by the Federal Government of the United States of America. Acts that would warrant such nullification include, but are not limited to:

I. Any Act regarding religion; pursuant to the Constitution of the State of New York, amended by vote of the People, November 7, 2001

II. Further limitations on the freedom of political speech or freedom of the press, including expressions of discontent and criticism of any individual, government, international organization or entity; and any designations by the Federal Government or agencies thereof of said free expressions as sedition

III. Any Act that prohibits the People of New York to peaceably assemble, or otherwise restricts movement or impedes access to assembly

IV. Federal authorization of unreasonable or unwarranted government surveillance, search, seizure, or any other invasion of any Citizen’s privacy and property; and any unconstitutional coercion, menacing, or detainment of any Citizen of any State

V. Establishing martial law or a state of emergency within any of the several States comprising the United States; or

a. Federal authorization of the deployment of foreign armed forces or forces in the employ of any international organization or entity, within any of the several States comprising the United States

b. Federal authorization of the contract use and deployment of private or corporate mercenary forces, foreign or domestic, within any of the several States comprising the United States

c. Federal authorization of the contract use and deployment of private or corporate security and surveillance services, foreign or domestic, within any of the several States comprising the United States

VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunitions

VII. Further discrimination, including actions of public slander or libel, and untenable criminal profiling by any agency or branch of Government against United States military service members, State Militia personnel, or any other group of Citizens of New York performing a duty to the State and Nation in support of Liberty and the Constitution.

VIII. Any federal mandate or congressional legislation that is beyond the purview and authority of constitutionally delegated powers; and

a. That is enacted without concurrent and complete congressional review, including full representative debate to satisfy the requirements of this guaranteed Republican Form of Government, or the use of budget reconciliation[18] not in keeping with its original intent so as to limit debate and ensure passage of budget resolutions; and

b. That is enacted without the full discernment of said legislation’s intended or unintended consequences and without regard for the subsequent burdens said legislation places upon the People; and

c. That is compulsory in nature and directs States to comply under threat of civil or criminal penalties or sanctions or requires the several States to pass legislation or lose federal funding; and

d. That puts at risk the economic prosperity of the People or the States through additional foreign Debt, or that otherwise subjugates future generations to any indebtedness

IX. 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

X. Requiring involuntary servitude, or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law

XI. Surrendering any Sovereign Right or Power, delegated or not delegated, to any corporation or organization, declared or undeclared association of individuals, any foreign government or individual, international group of nations, or any entity that shall be regarded by the People, hostis humani generis.

XII. Any Treaty or Compact entered into by the Congress of the United States, or the President of the United States of America, with any corporation or organization, declared or undeclared association of individuals, any foreign government or individual, or international group of nations, that violates in any way the Constitution of New York State or the Constitution for the United States, or otherwise infringes upon the Sovereignty of this Nation, and the unalienable rights of the People guaranteed by said Constitutions

XIII. Any Act of Congress or regulation by any federal agency that places restrictions upon the intrastate, interstate, or international trade and commerce of the People; and that is found to be in violation of the Regulatory Flexibility Act[19] and Executive Order 13272[20] that requires federal agencies to implement policies protecting small businesses when drafting and promulgating rules and regulations

8th. Resolved, That should any such Act of Congress become law, or Presidential Directive or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government; and

9th. Resolved, That copies of this resolution be transmitted by the Office of the Secretary of State for the State of New York to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature; and

10th. Resolved, That We shall continue with unwavering commitment to the defense of the Liberty of the People and Rights of the State, and remain Duty bound, as Sworn, in Support of the Principles and Laws of the Constitution of the State of New York and the Constitution for the United States,

So help us God.


References:

1. New York Bill of Rights, Article 2, § 2 of the Civil Rights Law (2006): http://law.onecle.com/new-york/civil-rights/CVR02_2.html
Accessed May 12, 2009

2. The Constitution of the State New York, amended by vote of the People 11/7/2001: http://www.dos.state.ny.us/info/constitution.htm
Accessed May 12, 2009

3. New York Bill of Rights, Article 2, § 4 of the Civil Rights Law (2006): http://law.onecle.com/new-york/civil-rights/CVR04_4.html
Accessed May 12, 2009

4. Equal Rights, Article 4, § 40-g of the New York Civil Rights Law (2006):
http://law.onecle.com/new-york/civil-rights/CVR040-G_40-G.html
Accessed May 12, 2009

5. The Debates at the Convention of Poughkeepsie, June 17, 1788: http://www.constitution.org/rc/rat_ny.txt
Accessed May 12, 2009

6. New York Ratifying Convention, Article 1, § 8, Clause 18:
http://press-pubs.uchicago.edu/founders/documents/a1_8_18s8.html
Accessed May 12, 2009

7. Ratification of the Constitution by the State of New York: July 26, 1788:
http://www.constitution.org/rc/rat_decl-ny.txt
Accessed May 12, 2009

8. Bill of Rights, original Amendments to the Constitution for the United States:
http://memory.loc.gov/cgibin/ampage?collId=llsl&fileName=001/ll...

9. The Constitution for the United States, Article IV, § 4:
http://www.archives.gov/exhibits/charters/constitution_transcript.html

10. Constitution for the United States, Article XIII, § 1:
http://www.archives.gov/exhibits/charters/constitution_amendments_1...

11. New York v. United States, 112 S. Ct. 2408 (505 U.S. 144, 1992): http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/newyorkvus....

12. The Force Bill of 1833:
http://teachingamericanhistory.org/library/index.asp?document=844

13. South Carolina Tariff Ordinance:
http://edale1.home.mindspring.com/SC%20Nullification%20of%20Force%2...

14. Montana HB 287:
laws.leg.mt.gov-6589/.webloc

15. Electronic Privacy Information Center (EPIC)
http://epic.org/privacy/id-cards/#state

16. Tenth Amendment Center
http://www.tenthamendmentcenter.com/2009/02/23/state-sovereignty-re...

17. A revised Preamble of the Declaration of Independence. The original follows here: http://memory.loc.gov/cgi-bin/ampage?collId=lljc&fileName=005/l...

18. Budget Reconciliation Process
http://www.rules.house.gov/archives/bud_rec_proc.htm

19. Regulatory Flexibility Act (5 U.S.C. 601 et sequens)
http://www.archives.gov/federal-register/laws/regulatory-flexibility/

20. Executive Order 13272
http://www.archives.gov/federal-register/executive-orders/2002.html