HCR 6 - A Return to Jeffersonian Principles (printable)

Topic: Constitutional Issues
HCR 6 - A Return to Jeffersonian Principles

The purpose of this article is threefold: to describe this resolution in “plain English”; to provide background information on the various components of the resolution; and to support individuals in contacting their representatives to express their opinions on this resolution.
by Libertea
(libertarian)
Saturday, February 7, 2009

It is with a great deal of pride and satisfaction that I write this article regarding legislation proposed in my home state of New Hampshire, which seeks to reinstate the rights of the individual States based on Jeffersonian principles and to ensure that the voice of the people is heard. House Concurrent Resolution 6 (sponsored by Representatives Itse, Ingbretson, and Comerford and Senator Denley) was introduced in the NH House of Representatives on January 8, 2009 and subsequently referred to the Committee on State-Federal Relations and Veterans Affairs. This resolution received a public hearing on Feburary 5, 2009 and is slated for Executive Session on February 12, 2009.

The purpose of this article is threefold: to describe this resolution in "plain English"; to provide background information on the various components of the resolution; and to support individuals in contacting their representatives to express their opinions on this resolution.

HCR 6 Simplified

As with many pieces of legislation, the language of HCR 6 is rather daunting. As a result, my first goal in writing this article is to present the text of the bill in language that is easily accessible. I have emailed a link to this article to the sponsors of HCR 6 and asked that they correct any errors I may have made in "translating" this resolution. The remainder of this section constitutes my translation along with any corrections suggested by the sponsors and, at times, uses specific language of HCR 6.

General Statements

Whereas:

Part I, Article 7 of the Constitution of the State of New Hampshire states that the people of New Hampshire have the right to self-governance in all matters, except those that they choose to delegate to the United States Congress;
Part 2, Article 1 of the same document states that the people of New Hampshire chose to form together into a free, sovereign, and independent political body, which would be known as the State of New Hampshire;
New Hampshire, along with other states, recommended changes to the United States Constitution when this document was ratified, some of which were later codified in the ninth and tenth amendments to the United States Constitution; and
The various states of the union are not in agreement as to the degree of control they are willing to cede to the Federal Government; however, these states did come together to form a Federal Government for specific purposes and gave that government specific powers

Therefore:

Those powers not specifically granted to the Federal Government were reserved to each individual state;
When the Federal Government assumes powers not specifically granted to it by the states, any acts taken under those powers are void and unenforceable;
The final decision on the powers delegated to the Federal Government by each of the states lies in the words of the US Constitution and in the discretion of the individual states.
Each state may judge for itself when the Federal Government has overstepped the powers granted by the United States Constitution and the mode of redress for this infringement.

Regarding Crime and Punishment

Whereas:

The United States Constitution gives Congress the power to punish treason, Counterfeiting of US securities and coin, piracy, felonies committed on the high seas, offenses against the law of nations, slavery, and no other crimes whatsoever; and
The ninth and tenth amendments limit the powers of Congress to only those powers that are clearly delineated in the US Constitution

Therefore:

The criminality of or punishment for any act not listed above may only be defined by the individual States and any such definition by the Federal Government is null and void.

Regarding Freedom of Religion, Freedom of Speech, and Freedom of the Press

Whereas:

Power over the freedom religion, freedom of speech, and freedom of the press are neither delegated to the Federal Government nor prohibited to the States; and
The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press".

Therefore:

It is the right of each State to determine if a given behavior abuses these rights to a point where that behavior should not be tolerated and each State is responsible for the protection of these freedoms within that State and any Federal Legislation regarding these freedoms is null and void.

Regarding the Federal Government’s Abuse of Power

Whereas:

The Federal Government has abused those powers granted under Article 1, Section 8 of the Constitution 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," by determining these powers to be unlimited; and
The Federal Government has used the powers described above to disregard the remaining sections of the United States Constitution.

Therefore:

Any actions taken under the guise of these powers is subject to revision and correction.

Communication with Other States

A committee will be appointed, which will be charged with communicating with the Legislatures of the various States and reporting on these communications to the New Hampshire Legislature. The initial communication from this committee to the States will include the information described above and that the State of New Hampshire:

Wishes to maintain the same sense of friendship and unity that has existed since the States first joined together in the face of a common danger;
Believes that union for specific purposes defined by a federal compact is beneficial to the peace, prosperity, and happiness of all the member States;
Is anxious to preserve the current union in so far as that union is faithful to the intent and meaning of the Constitution as it was agreed to by the member States;
Believes that transferring the power of governance from the individual States to the Federal Government, without regard to the restrictions on such transference defined in the US constitution does not support the peace, happiness, or prosperity of the member states;
Is determined not to cede undelegated powers to any man or body of men;
Supports a change by the people where delegated powers have been abused by members of the Federal Government who were chosen by the people;
Supports nullification of Federal legislation or order resulting from the assumption of powers not delegated by the Constitution;
Believes that casus non foederis provides every State with the right to nullify legislation based on the assumption of powers not delegated to the Federal Government by the Constitution and that, without this right, the States would be under the absolute control of the Federal Government;
Has chosen to communicate these findings to the other member States out of respect for these states and believe this type of communication to be the only appropriate communication as the member States are the only parties to the agreement forming the United States of America, which makes them the only parties authorized to judge the exercise of powers under the agreement; and
Holds that Congress is not party to the agreement forming the United States, but is simply a creation of that compact. As such, the Congress is subject to the judgment of the States as to the powers delegated to the Federal Government.

In addition, it is this committee will communicate the sense of the State of New Hampshire that:

It would be dangerous to believe that confidence in our elected officials should silence our expression of fear for the safety of our rights
Overconfidence in elected officials is the parent of despotism and free government is founded in protectiveness, not in confidence. It is this protectiveness that stipulates constitutions which limit the powers of those entrusted with such power
The Constitution accordingly set limits on the powers of the Federal Government, which were intended to protect the people from the chains of overconfidence

This communication will also call upon the member States to express their opinions on acts of the Federal Government that are not authorized by the US Constitution and express the State of New Hampshire’s belief that:

This expression will not support altering the constitutional limits placed on government;
The rights and liberties of the individual States will not be endangered by the expression of their opinions in concert with other States;
The other States will agree that acts that are clearly a violation of the limitation of powers imposed by the Constitution amount to a declaration that the powers of the Federal Government are not limited by the Constitution and that the Federal Government has the right to exercise whatever powers it chooses over the States;
The States will view this as an attempt by the Federal Government to force the various states to submit to a Government which derives its power from its own desires, not the desires of the member states and that this form of Government is not that which was defined in the Constitution; and
The States will agree to demand the return of their rights by declaring acts based on powers not delegated by the constitution to be null and void and by ensuring that any acts by the Federal Government that are not authorized by the constitution will not be exercised within the individual States.

Going Forward

Any Federal Legislation, Executive Order, or Federal Judicial Order that oversteps the limits of power imposed by the Constitution and limits the liberty of the States or their people will constitute a nullification of the US Constitution by the Federal Government. Such actions include, but are not limited to:

Establishing martial law or a state of emergency within a state without the consent of the legislature of that State;
Requiring involuntary service to the government or other entities unless such service results from a draft during a declared war (for individuals over the age of 18) or is part of or an alternative to incarceration resulting from due process (for all individuals, regardless of age);
Surrendering any power to a corporation or foreign government, regardless of whether or not that power is delegated to the Federal Government by the Constitution;
Any act pertaining to religion, further limitation on freedom of political speech, or further limitation on freedom of the press; or
Further encroachment on the right to keep and bear arms, including limitations on the type or quantity of arms or ammunition an individual may posses.

Should such acts of Congress become law or should such orders be put into force, all powers previously delegated to the Federal Government by the US Constitution shall revert to the individual States.

In this case, any future government of the United States of America will require ratification by three quarters of the States seeking to form such government and will not have authority over any State that does not seek to form such a government.

Copies of this resolution will be transmitted to the President of the United States, every member of the United States Congress, and the presiding officers of each State’s legislature.

Background Information on HCR 6

Within the text of HCR 6, several references are made to constitutional concepts, amendments and law, which may or may not be familiar to the readers of this article. This section seeks to offer basic information on these in order to increase understanding of HCR 6.

Jeffersonian Principles

In his first inaugural address, Jefferson set out what he believed to be the essential principles of Government in a fairly compact format. These were:

"Equal and exact justice to all men, of whatever state or persuasion, religious or political"
"Peace, commerce, and honest friendship with all nations, entangling alliances with none"
"The support of the State governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies"
"The preservation of the General Government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad"
"A jealous care of the right of election by the people—a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided"
"Absolute acquiescence in the decisions of the majority, the vital principle of republics, from which is no appeal but to force, the vital principle and immediate parent of despotism"
"A well disciplined militia, our best reliance in peace and for the first moments of war, till regulars may relieve them"
"The supremacy of the civil over the military authority"
"Economy in the public expense, that labor may be lightly burthened"
"The honest payment of our debts and sacred preservation of the public faith"
"Encouragement of agriculture, and of commerce as its handmaid"
"The diffusion of information and arraignment of all abuses at the bar of the public reason"
"Freedom of religion, freedom of the press, and freedom of person under the protection of the habeas corpus, and trial by juries impartially selected"

Constitution of the State of New Hampshire

Part 1, Article 7 of the New Hampshire Constitution was adopted June 2, 1784 and reads: "The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled."

Part 2, Article 1 of New Hampshire Constitution was also adopted June 2, 1784 and reads: "The people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or state, by the name of the State of New Hampshire."

Constitution of the United States of America

Article 1, Section 8 of the United States Constitution enumerates the Powers of Congress, which include:

To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense 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 of 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 ten 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 States, or in any Department or Officer thereof.

The First Amendment to the United States Constitution was ratified on December 15, 1791 and states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The Ninth Amendment to the United States Constitution was also ratified on December 15, 1791 and states: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

The Tenth Amendment to the United States Constitution was also ratified December 15, 1791 and states: "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."

Casus Non Foederis

Information on casus non foederis was pretty difficult to find; however, it appears to refer back to Jeffersonian writings, which note that:

The States were not in agreement on the correct degree of submission to the Federal Government; however, they came together to form such a government for specific purposes and delegated specific powers to that government, while retaining all other powers to the individual States.
Whenever the Federal Government oversteps the powers specifically granted by the States, its actions in that area are void and unenforceable.
The Federal Government was formed through an agreement among the States and, as a result, the States are the sole judge of the extent of powers delegated to the Federal Government by the Constitution.
Where States differ in their assessment of the powers granted to the Federal Government, each individual state may decide for itself how much power to delegate to the Federal Government, when the Federal Government has overstepped its power, and the methods for redressing such excesses.

Expressing Your Opinion on HCR 6

Expressing Your Support

Below is the text of the email I sent to my Representative regarding this piece of legislation, please feel free to use it in contacting your Representative.

Dear Representative NAME:

I am writing to express my support of HCR 6 and to request that you lend your support to this important piece of legislation as well by speaking out in support of the resolution at the executive session scheduled for February 12, 2009.

HCR 6 seeks to restore the rights and voice of both the State and People of New Hampshire by restoring the balance of powers intended by the United States Constitution. Almost since its inception, the intent of the Constitution has been steadily eroded by those who would replace a free nation with a new form of tyranny. HCR 6 seeks to reverse this process and to ensure that the United States of America is a democratic nation where the Federal Government is subject to the will of the People and the States, not a tyranny where the People and States are helpless subjects of the Federal Government.

Sincerely,

Your Name

Your Address

House Committee on State-Federal Relations and Veterans Affairs

HCR 6 is currently being reviewed by the House Committee on State-Federal Relations and Veterans Affairs. The members of this committee and the districts they represent are listed below. A listing of the towns contained within each district can be found here.

Dennis Fields: Belknap County, District 2
Kris Roberts: Cheshire County, District 3
Alexis Chininis: Hillsborough County, District 10
Leo Pepino: Hillsborough County, District 11
Patrick Garrity, Vice Chairman: Hillsborough County, District 14
Robert Haley: Hillsborough County, District 14
Thomas Katsiantonis: Hillsborough County, District 15
George Katsiantonis: Hillsborough County, District 17
Lars Christiansen: Hillsborough County, District 27
Valerie Hardy: Hillsborough County, District 27
Todd Smith: Merrimack County, District 9
Alfred Baldasaro: Rockingham County, District 3
Frank Emiro: Rockingham County, District 3
Anne Priestly: Rockingham County, District 4
James Twombly: Strafford County, District 1
Michael Rollo, Chairman: Strafford County, District 2
Baldwin Domingo: Strafford County, District 5
Sarah Hutz, Clerk: Strafford County, District 5
Cynthia Sweeney: Sullivan County, District 5

Executive Session

HCR 6 is scheduled for an Executive Session on February 12, 2009. Please contact your Representative and encourage them to participate in the session and express support for HCR 6. If you are not sure who your Representative is, the information can be found here.

The views expressed in this article are those of Libertea only and do not represent the views of Nolan Chart, LLC or its affiliates. Libertea is solely responsible for the contents of this article and is not an employee or otherwise affiliated with Nolan Chart, LLC in his/her role as a columnist.

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