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This paper is presented in an historical context and is indicative of the various rants, raves, treatises, etc., that were prevalent in the old BBS (Bulletin Board Service) days. Content has not been changed, though formatting changes may have taken place to make it more presentable. (Spelling, sentence/paragraph structure, etc.) Wherever possible, credit is given to the originating source.

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By Dwight Filley
Senior Fellow with the Independence Institute
14142 Denver West Parkway, Suite 185, Golden, CO 80401. 

COLORADO TO WASHINGTON: CEASE AND DESIST

Our state legislature has had enough and isn't going to take it any more. By more than a three to one margin the legislature passed House Joint Resolution 1035, a rather remarkable document. In it, Colorado claims "sovereignty." HJR 1035 is no less than a "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."

What's this? A state government claiming sovereignty? Issuing demands to the United States government to cease and desist? This is the sort of language that got South Carolina in trouble over Fort Sumter, back in 1860. What is our legislature up to?

"THE POWERS NOT DELEGATED TO THE UNITED STATES, NOR PROHIBITED TO IT BY THE STATES, ARE RESERVED TO THE STATES RESPECTIVELY, OR TO THE PEOPLE"

As it happens, Colorado is merely re-asserting a right it has always had, but, along with the other 49 states, has allowed to slip away. Before the original colonies would ratify the Constitution, they insisted that the Bill of Rights...the first 10 Amendments...be added. One Amendment, the 10th, clearly states: "The powers not delegated to the United States, nor prohibited to it by the states, are reserved to the states respectively, or to the people."

The colonies never gave Washington powers over highway speed limits, or medical benefits, or gun control, or air quality, or water quality, or leaking underground storage tanks, or any of the scores of other mandates that the Feds currently require the 50 states to comply with. Go ahead, search the Constitution...nowhere does it talk about any of these things.

The trouble with power is that whoever has it wants more. Despite seemingly ironclad limits built into the Constitution, like the 10th Amendment, during the past two hundred years Washington has assumed ever more power. Apparently the Colorado legislature isn't going to take it anymore. 

It all started with Representative Charlie Duke (R-Monument). Building on a landmark U.S. Supreme Court decision, New York v. United States [1992] which held that Congress may not commandeer the legislative and regulatory processes of the states by making them accept nuclear waste, Duke wrote and pushed through HJR-1035. 

Again Colorado takes the lead. After Colorado passed term limits, 15 other states passed them. After Colorado passed Amendment One (tax limits) about 12 states inquired about how they could do it. After Amendment Two (against special rights for gays) about 6 states inquired. Now, a virtually identical resolution has been adopted in Hawaii, Missouri, Oklahoma, and Ohio. Resolutions are pending in California, Illinois, Pennsylvania, New Jersey, and Michigan. Similar resolutions are pending for 1995 sessions in at least the states of Washington, Oregon, Idaho, Georgia, and Florida. Charles Duke has been in contact with all 50 states at one level or another.

Of course, the question immediately arises: what will Colorado do if Washington does not "cease and desist?" After all, the last time states tried to oppose the will of the federal government, a Civil War started.

There are some interesting ideas. One is for the State Legislature to demand that the congressional delegation - our Colorado Congressmen and Senators - appear before them in a hearing, face to face in front of cameras, to answer questions about why they voted so often to make things tough on their own constituents.

A more radical plan, suggested by Representative Duke, calls for Coloradoans not to send the taxes they would normally pay to Washington, but mail them to a Colorado administered escrow account instead. Then, if the Washington politicians have behaved themselves, the money would be forwarded to them. If not, Colorado would keep the money until they shape up.

Rather strong stuff, but then, in addition to being grossly and obviously unconstitutional, these federal mandates are bankrupting the state. Denver, for example, pays over one third of its total budget just to keep the Feds happy. How many gang punks would be off the streets with money like that available to fight crime?

Kudos to Representative Charlie Duke and the Colorado House and Senate for finally beginning to say enough is enough.

 

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