From: ur-valhalla!flinet.com!toaster (Thomas Burns) Subject: Duke letter, Oct09, 1995 Message-ID: <199511141628.LAA28234@ns1.flinet.com> Date: Tue, 14 Nov 1995 11:28:37 -0500 October 09, 1995 SENATOR DUKE (719) 481-9289 By Senator Charles R. Duke Colorado District 9 AT LAST, A BILL WE CAN LOVE There is so much about government, both state and federal, that needs correcting these days. The deviations from our Constitution seem so large, we sometimes miss it when something good happens. Still, there are constitutionally good things happening around the country, and most of these ideas owe their origin to Colorado's first Tenth Amendment Resolution, which I sponsored and the people browbeat the Colorado Legislature into passing. Since then, nineteen other legislatures have joined Colorado's in reclaiming their respective states' sovereignty by adopting a similar resolution. Many of the people assisting in the now national State Sovereignty Movement also opposed the Conference of the States (COS). So far, in 1995, our latest count shows 28 states that have either rejected this attempt to subvert our Constitution or have adjourned without taking action. The COS has been replaced by a Federalism Summit to be held in Cincinatti, Ohio, on October 22. The COS has been stalled at at least for this year. But we can expect this Phoenix to rise from the ashes next year as special interests pour millions into "convincing" the legislators how to vote. In Montana, a bill was introduced to require any federal agent in pursuit of a suspect to first register with the local county sheriff. In Oklahoma, a bill cleared the Oklahoma House of Representatives to allow Oklahoma to collect all federal taxes, including federal income taxes. In Arizona, it is now state law that freon is an acceptable refrigerant again. In Indiana, a bill cleared the Senate to allow Indiana to deduct Indiana's allotment for school funding from the federal income taxes collected from state employees. And in Washington State, a citizen's initiative is underway to allow elected officials to be tried for treason if said official violates his or her oath of office. The best news I've heard in a long time arrived by fax recently and it comes, of all places, from Congress. Rep John Shadegg (R-AZ), introduced, on September 12, 1995, the Enumerated Powers Act. The bill, H.R. 2270, states as its purpose, "To require Congress to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes." The bill cites as its own authority Article I, section 8, clause 18 of the United States Constitution. The body of the bill is just as a constitutionist would want it to be and goes as follows, "(a) A constitutional authority clause shall follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. The constitutional authority clause shall be in the following form (with appropriate modifications and appropriate matter inserted in the blanks): 'This Act (or resolution) is enacted pursuant to the power(s) granted to the Congress under Article(s)____, section(s)____, clause(s)____ of the United States Constitution.'" No, you are not dreaming. If H.R. 2270 passes, every bill or resolution introduced in Congress must cite the constitutional authority for the legislation. It is sponsored in the Senate by Senator Spencer Abraham (R-MI) and has been assigned to the House Judiciary Committee. It is similar in concept to Colorado's SB 94-157, now state law, which requires any state agency seeking funding to implement a federal mandate to include in its budget request the constitutional authority for the mandate. This language I helped construct when S.B.94-157 was being drawn up. A future column will deal with the results of S.B.94- 157. H.R.2270 is not likely to ever see the light of day unless at least 218 members of the U.S. House of Representatives sign on to a discharge petition. This, in essence, is a parliamentary document to force a committee chairman, in this case Rep. Henry Hyde (R-IL), to not only schedule the bill for a hearing, but then to release the bill to the full House for debate. Every person reading this column should contact immediately his or her own U.S. Representative and, politely but firmly, insist that said representative sign on to the discharge petition. For good measure, consider contacting, by phone and letter, all representatives in your state. Only significant public pressure will get this bill out of committee. It will be a great campaign litmus test for the elections of 1996. It is the best chance we have ever had to see our Constitution restored; we can only pray it is not the last. End ---------------------------------------------------------------- HR2270 is a great idea. In fact, i thought they already had to cite where their authority came from. Please write your representative a personal letter (with your own handwriting!) and ask them to sign on to the discharge petition! Thomas Burns ---SnetMgr 0.60 [r0001] * Origin: snet-l@world.std.com <-> FidoNet (1:330/202)