Opsommer to introduce statutory version of HJR YY to affirm 10th amendment and to protect against illegal memorandums of agreement

July 7, 2010
GOPHouse.com

State Rep. Paul Opsommer (R-DeWitt) announced today that with HJR YY and SJR Y not making it onto the ballot that he would be introducing a statutory version of the federalism bills as a backup to keep the issue moving.

“It is disappointing that we could not get this needed law onto the ballot, especially with what a bad year it has been for federal overreach,” said Opsommer. “But based on the events of this week it is now more clear than ever that the Legislature needs a better way to enforce the 10th Amendment.”

HJR YY is designed to create a new joint commission on federalism as a way to allow states an expedited process for addressing potentially unconstitutional laws that come out of Washington. It would also help the Legislature get a handle on the many so called “Memorandums of Understanding” and “Memorandums of Agreement” that state agencies are entering into with the federal government without legislative oversight. Opsommer said that such agreements were proliferating and pointed to the Enhanced Driver’s License MOA as a prime example of how the bureaucratic agreements are being used to skirt legislative intent.

“Right now there are many officials responding to people’s dislike for REAL ID by stating that they are opposed to it and would not allow the law to be enacted here,” said Opsommer. “The reality is that Michigan has already signed on to meet all REAL ID benchmarks through the backdoor when the Memorandum of Agreement for Enhanced Driver’s Licenses was signed. The validity for such an agreement should go right out the window because it represents such a clear violation of legislative intent. But right now we have few checks and balances to correct these agreements, and unless our next Secretary of State rescinds it, the agreement will continue to, in my opinion, illegally carry the force of law.”

HJR YY contains a provision to validate the language of such MOAs before they go into effect. Opsommer pointed to research he had conducted that shows no one in state government knows exactly how many MOAs have been entered into and what they contain, yet they have the force of law despite having no basis in Michigan statute. Many are not available to the public online, and there is no central repository for them.

Opsommer also pointed to his new bill HB 6208, which would prohibit a Secretary of State from entering into further MOAs such as the international license compact known as the Driver’s License Agreement (DLA).

“The job of Secretary of State has always been more complex than many people realize, but it has increasingly become about so much more than election laws,” said Opsommer. “Our next Secretary of State is going to be on the frontlines of either fighting or acquiescing to major proposed federal changes with our licenses, use of RFID, and automated tolling and ticketing by cameras. It is an important office that I respect, but I don’t think it should be allowed to unilaterally enter us into agreements like it did with REAL ID.”

Opsommer said that the statutory version of HJR YY will be ready by the end of the month, and that HB 6208 has already been assigned to the transportation committee.

More action on states’ rights from Michigan Rep Paul Opsommer

Press release from MI Rep.  Paul Opsommer

OPSOMMER PRAISES SENATE ACTION, CALLS FOR HCR 04 AND SCR 04 TO BE HEARD
June 18, 2009

Rep. Paul Opsommer today praised the Senate for officially beginning the discussion on the issue of state sovereignty. The Senate passed both SCR 13 and SR 62 on Tuesday.

“Individual state rights have been slowly eroded in our United States to the point where we have a whole generation that is growing up believing the federal government created the states and not the other way around,” said Opsommer. “But we have now been bullied, manipulated and coerced by the federal government to the point that things have come to a head and state legislatures, especially full-time ones like what we have here in Michigan, have to stand up and push back against this unconstitutional overreach.”

Opsommer pointed out that even before the recession that almost a third of state funds came from the federal government, but that this year Uncle Sam supplanted sales, property taxes and income taxes as the biggest source of revenue for state and local governments. And if you don’t do go along to get along, you don’t get the money.

“The 50 states have somehow become the collective children whose federal parents can take away their allowance and car privileges if they don’t do as their told,” said Opsommer. “That is not how the founding fathers intended things to be.”

Opsommer called for his resolution HCR 04 to be taken up, as well as SCR 04 by Senator Patterson. HCR 04 is a reintroduction of Opsommer’s from last year and focuses on the need for states to demand that the federal government honor its 10th Amendment Rights.

“This isn’t an issue about Republicans or Democrats, this is an issue about federal abuses that have taken place in both parties that are creating a country that is very different than the one our parents and grandparents lived in and fought for,” said Opsommer. “Whether it is No Child Left Behind, REAL ID, federal road funding schemes or the most recent manipulations of the stimulus package, many state legislatures spend most of their time chasing federal dollars and passing laws to keep Washington happy instead of focusing on the state citizens they were elected to serve.”

In addition to HCR 04, Opsommer has also introduced HCR 22, HCR 09, and HCR 06 related to federalism issues.

Michigan Rep. Paul Opsommer introduces more resolutions affirming states’ rights

Michigan Rep. Opsommer’s affirmation of states’ rights is a big step in the right direction is a step in the right direction, but the affirmation of the 10th amendment could be worded more strongly.

“We also urge the federal government to halt its practice of imposing mandates upon the states”

No, we DEMAND it and our police and national guard will not enforce it.

I commend him though.  If all our congress critters had guts like him we wouldn’t be staring down a tyannical, bloated federal government.

From Michigan rep Paul Opsommer:

STATES RIGHT’S UPDATE

Thank you for previously contacting my office regarding the following related resolutions:

HCR 004 (10^th Amendment)

http://www.legislature.mi.gov/(S(32aak0ulp3yshc45w0xy5z45))/mileg.aspx?page=getobject&objectname=2009-HCR-0004&query=on

HCR 006 (No RFID chips in Drivers Licenses / foreign data sharing)

http://www.legislature.mi.gov/(S(32aak0ulp3yshc45w0xy5z45))/mileg.aspx?page=getobject&objectname=2009-HCR-0006&query=on

HCR 009 (2^nd Amendment)

http://www.legislature.mi.gov/(S(32aak0ulp3yshc45w0xy5z45))/mileg.aspx?page=getobject&objectname=2009-HCR-0009&query=on

HCR 014 (No GPS “Gas Tax”)

http://www.legislature.mi.gov/(S(32aak0ulp3yshc45w0xy5z45))/mileg.aspx?page=getobject&objectname=2009-HCR-0014&query=on

· As an update, HCR 004 has yet to get a hearing in the House, but Senator Patterson has introduced SCR 004 in the Senate, where it has a better chance of being heard. I am fully supportive of SCR 004. If passed in the Senate, SCR 004 would be sent to the House.

· HCR 006 had a hearing and has PASSED the Michigan House. It now goes to the Michigan Senate to be voted on there. Enhanced Driver’s Licenses (EDLs) have already been issued in Washington State, and may become available in Michigan as early as the end of April.

· HCR 009 and HCR 014 have yet to get a hearing.

I will make sure to pass along any other updates as I get them.

Related News Articles:

http://themorningsun.com/articles/2009/03/29/news/srv0000004996396.txt

http://www.cato-at-liberty.org/2009/03/25/edls-on-the-ropes/

http://www.vancouversun.com/sports/2010wintergames/enhanced+drivers+licences+hold+Civil+liberties+groups/1423044/story.html

Michigan State Rep Opsommer introduces House Resolution affirming 10th amendment rights of states

Rep. Opsommer offered the following concurrent resolution:

House Concurrent Resolution No. 4.

A concurrent resolution to affirm Michigan’s sovereignty under the Tenth Amendment to the Constitution of the United States and to urge the federal government to halt its practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States.

Whereas, The Tenth 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 Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and

Whereas, The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

Whereas, Today, in 2009, the states are demonstrably treated as agents of the federal government; and

Whereas, Many federal mandates are directly in violation of the Tenth 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 Constitution of the United States; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we hereby affirm Michigan’s 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. We also urge the federal government to halt its practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Government Operations.