10th Amendment Legislation in Connecticut

CONNECTICUT GRASSROOTS ALLIANCE

Urgent Request for Assistance of All Connecticut Residents: The Time Is Now to Contact Legislators to Gain Support for Three Proposals to Reassert the Tenth Amendment to Be Able to Declare Federal Laws Unconstitutional.

The Connecticut Grassroots Alliance, an alliance of 28 grassroots organizations through the state, have succeeded in obtaining the support of Senator Toni Boucher and some of her Republican colleagues in the General Assembly to propose legislation that would reassert the right of the General Assembly, pursuant to the Tenth Amendment, to declare federal laws unconstitutional. Because of the rules of the General Assembly for this session, however, these kinds of bills must be introduced as raised committee bills, and cannot be introduced by individual legislators.

Therefore, Senator Boucher is asking the Government Administration and Elections Committee to raise three specific proposals, all aimed at reasserting the State’s rights under the Tenth Amendment to be able to review federal laws for their constitutionality.

The three proposals, Versions A, B, and C, seek to accomplish this is similar ways. One is a resolution, which essentially is a declarative statement, or sense of the legislature on an issue. The other two are bills, which would have the full force and effect of law.

Version A is a resolution that urges Congress to exercise only those powers delegated to the United States.

Version A:

RESOLUTION MEMORIALIZING CONGRESS TO ABIDE BY THE TENTH AMENDMENT:

Resolved by this Assembly: That the Connecticut General Assembly calls on the Congress

and the President of the United States to abide by the Tenth Amendment to the United States Constitution; specifically:

THAT the people, and by their authority, the General Assembly of the State of Connecticut retain sovereignty under the Tenth Amendment over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States;

THAT on numerous occasions, the federal government has gone beyond the scope of their enumerated powers, in effect violating the Constitution, and such violations must cease; and further

RESOLVED: THAT the federal government must, in the future, exercise only those powers delegated to the United States by the Constitution, and that which is necessary and proper in advancing those enumerated powers, with all other power, authority and sovereignty being reserved to the people.

Version B is a bill that declares that the State of Connecticut and the General Assembly retain sovereignty over all powers and duties not delegated to the federal government by the Constitution, and sets up a method for the legislature to review federal laws to determine their legality, and directs the legislature to tell Congress of the legislature’s findings.

Version B:

The proposal should provide the following language: NEW Section 1. Pursuant to the Tenth Amendment of the United States Constitution, the State of Connecticut and its General Assembly retain sovereignty over all powers and duties not enumerated and granted to the federal government by the Constitution of the United States .

Section 2. Upon the written request of any member of the General Assembly, the committee having cognizance over matters pertaining to government administration and elections shall review any statute, regulation or directive promulgated by any branch of the federal government to ensure that the federal government has the authority to issue such statute, regulation or directive. Following such review, the committee shall recommend to the General Assembly its determination as to the legality of the statute, regulation or directive.

Section 3. Upon the recommendation of the government administration and elections committee, the general assembly shall vote to memorialize Congress as to the findings of the committee regarding the legality of the statute, regulation or directive.

Version C is a bill that declares that the State of Connecticut and the General Assembly retain sovereignty over all powers and duties not delegated to the federal government by the Constitution, and sets up a method for the legislature to review federal laws to determine their legality. It omits any directive to Congress.

Version C:

NEW Section 1. Pursuant to the Tenth Amendment of the United States Constitution, the State of Connecticut and its General Assembly retain sovereignty over all powers and duties not enumerated and granted to the federal government by the Constitution of the United States .

Section 2. Upon the written request of any member of the General Assembly, the committee having cognizance over matters pertaining to government administration and elections shall review any statute, regulation or directive promulgated by any branch of the federal government to ensure that the federal government has the authority to issue such statute, regulation or directive. Following such review, the committee shall recommend to the General Assembly its determination as to the legality of the statute, regulation or directive.

All three versions are worthy of adoption as they would reinforce the rights that the State already retains pursuant to the Tenth Amendment.

The Connecticut Grassroots Alliance is asking for the assistance of all Connecticut residents. None of these proposals will be raised in the Government Administration and Elections Committee if the Democrat Co-Chairmen of that Committee do not support it. The Co-Chairmen have control over whether any bills get raised for a vote by the full Committee. So, the first step is to urge the Co-Chairmen to raise these bills for consideration by the committee and to hold a public hearing on them. Explain to them that this is an issue that cuts across all party lines. This is about the Constitution and the ability of the State to be able to say “no” to the federal government when the federal government oversteps its authority and adopts any law that it has no Constitutional authority to adopt. It is about the ability of the State to protect itself from unlawful intrusion into its State sovereignty. The next step is to ask the remaining members of the Committee to vote in favor of raising the bills for a public hearing, and to support their passage out of committee for a vote by the full General Assembly.

The Co-Chairmen of the Government Administration and Elections Committee are:

Senator Gayle Slossberg, representing Milford, Orange, and West Haven. Slossberg@senatedems.ct.gov Capitol Phone: 860-240-0482, or toll-free

1-800-842-1420  http://www.senatedems.ct.gov/Slossberg.html

Representative James Field Spallone, representing Chester, Deep River, Essex and Haddam.

James.Spallone@cga.ct.gov

Capitol Phone: 800-842-8267 | 860.240.8585 http://www.housedems.ct.gov/Spallone/

The other members of that Committee are:

Senator Edward Meyer, Vice Chair, representing Branford, Durham, Killingworth, Guilford, Madison, and North Branford. Meyer@senatedems.ct.gov 860-240-0455, or

1-800-842-1420

http://www.senatedems.ct.gov/Meyer.html

State Representative Joe Aresimowicz, Vice Chair, representing Berlin and Southington

Joe.Aresimowicz@cga.ct.gov

860.240.8585 | 1.800.842.8267 860.829.1654

http://www.housedems.ct.gov/Aresimowicz/

The full list of GAE Committee members can be found at: http://www.cga.ct.gov/

asp/menu/MemberList.asp?comm_code=GAE&doc_type=

Keep in mind that when you speak to the legislators, they may be unfamiliar with the Tenth Amendment and the powers retained by the State. For a brief historical background on that issue, we have put together a short narrative. It is attached to this memo.

If the legislators are uncomfortable with ultimately voting for adoption of any of the proposals, please ask them, at least, to vote in favor of raising them for the purpose of having a public hearing on them. Tell them that the citizens of Connecticut simply want the opportunity to express to them their opinion about this topic. Tell them people of all political persuasions across the state are upset with many directives coming from both parties in Washington, and are urging our Connecticut legislators to help them find a way to be able to send a strong message to Washington when, and if, it is necessary. Tell them that if a bill such as any of those being proposed were to be adopted, that at any time in the future our legislature would be able to send that strong message to Washington, no matter which party is in power. In order to do that, we need our legislators to help us now.

Again, tell the members of the Government Administration and Elections Committee to raise these proposals for a public hearing and to support their passage out of the committee for a full vote by the General Assembly.

WE NEED TO DO THIS NOW. The DEADLINE FOR THE COMMITTEE

TO RAISE ANY BILLS FOR A PUBLIC HEARING IS FEBRUARY 19, 2010. http://www.cga.ct.gov/lco/XLS/Committee_Deadlines_Current_Year.pdf

So we can accurately keep track of who is supportive and who is not, after you have talked to any of the Committee members, please let us know how they responded. Any help you can give us would be greatly appreciated.

For further information, you can contact:

Deborah Stevenson, dgs31@yahoo.com, info@nheld.com, (860) 354-3590 Vivian Rockwell Nasiatka, monienergy@sbcglobal.net Estelle Stevenson estellestevenson@prudentialct.com

CONNECTICUT GRASSROOTS ALLIANCE

An Alliance of 28 Grassroots Organizations in Connecticut

HISTORICAL PRECEDENT FOR STATE LEGISLATURE TO ASSERT TENTH AMENDMENT

AUTHORITY TO DECLARE FEDERAL LEGISLATION UNCONSTITUTIONAL 

I. Background: Declaration of Independence.

The founders clearly stated in two documents that all people have certain inherent rights that could not be taken away. They believed that in order to protect these rights, the people formed governments, which derived their power from the consent of the people governed. Because the government of England became destructive of those ends, the founders declared independence from that government. They made these statements in the Declaration of Independence.

Relevant sections of the Declaration of Independence:

“We hold these truths to be self evident...that all men are created equal, 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 men, deriving their just power from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”

“...that these United Colonies are, and of right ought to be, free and independent states...that they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.”

II. Background: United States Constitution.

This collection of free and independent states, having established in the Declaration of Independence that they were “United Colonies”, following the conclusion of the Revolutionary War, saw the need to establish a new governing authority for the specific purpose of protecting these United Colonies and of reconciling disputes among them. The document they developed, the United States Constitution, established the framework of that governing body, and established limitations on what that governing body was allowed to do.

Considering legislative powers, enacted by elected representatives of the people, to be of primary importance, the founders established the legislative branch first and specified its powers in Article I. Next, the founders established the executive branch, specifying its powers in Article II, and established the judicial branch next, specifying its powers in Article III.

During the process of ratification, the founders wrote extensively about federal authority versus the authority of the states. These writings can be found in the Federalist Papers and the Anti-Federalist Papers. Many feared the power of the federal government. Subsequently, ten amendments were added to the Constitution, known as the Bill of Rights. The preamble to the Bill of Rights explains that when individual states held conventions to ratify the Constitution, the states were concerned about potential abuses of power by the federal government, and that further restrictive clauses should be added to the Constitution to prevent “misconstruction” or “abuse of power”. That’s why the first ten amendments to the Constitution were adopted.

The ninth and the tenth amendments were especially important in this regard, to specifically clarify that the Constitution placed limits on the power of the federal government. The ninth and tenth amendments state, in no uncertain terms, that the powers not specifically delegated to the federal government were retained by the states and by the people.

Relevant Constitutional Provisions:

Preamble –

“We the People, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and to our posterity, do ordain and establish this Constitution for the United States of America.”

Article I, Section 8 –

“The Congress shall have power to lay and collect taxes, duties, imposts and Excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States; To regulate commerce with foreign nations; and among the several States, and with the Indian tribes; To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies

throughout the United States; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and

measures; To provide for the punishment of counterfeiting the securities and current coin o f the United States; To establish post offices and post roads; To promote the progress of science and useful arts, by securing for limited times to authors and

inventors the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the supreme court; To define and punish piracies and felonies committed on the high seas, and offenses against the Law

of Nations; To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and

water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than

two years; To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the union, suppress insurrections and

repel invasions; To provide for organizing, arming, and disciplining the militia, and for governing such part of them as

may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings; - 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 Staes, or in any Department or Office thereof.

Bill of Rights Preamble – “The Convention of a number of the States, having at the time of their adopting the Constitution, expressed

a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the government, will best ensure the beneficent ends of its institution: Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said legislatures, to be valid to all interests and purposes, as part of the said Constitution viz...”

Ninth Amendment –

“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”