Ohio Senate Adopts Resolution Affirming Tenth Amendment

bigstock-Ohio-Small-Flag-on-a-Map-Backg-74992672-1200By TJ Martinell

A resolution reasserting the Tenth Amendment’s role in restraining the federal government was approved last month by the Ohio state Senate.

Sponsored by Sen. Larry Obhof (R) and Sen. Keith Faber (R), Senate Concurrent Resolution 15 (SCR15) serves as a “notice to the federal government to end federal mandates that are beyond the scope of its constitutionally delegated powers.”

“Recent enactments by the federal government exceed the scope of the federal government’s enumerated powers, and intrude on areas traditionally left to the States,” the resolution reads.“Today, in 2016, the States are often treated as agents of the federal government.”

The Senate approved SCR15 on May 25. It will now move to the House for consideration.

The resolution is chock full of references to statements by James Madison and United State Supreme Court cases like Printz v. United States. Together, they make it clear the federal government’s powers are “few and defined,” and “its jurisdiction extends to certain enumerated objects only” as Madison wrote in Federalist 45 and 39 respectively.

The resolution calls for an end to “compulsory federal legislation that directs States to comply under threat of civil or criminal penalty or sanction or that requires States to enact legislation or lose federal funding.”

“The Tenth Amendment defines the scope of federal power as being that specifically granted to the federal government by the Constitution,” the resolution declares. It goes on to state that the Tenth Amendment “assures that we, the people of the United States and each sovereign State in the Union of States, now have, and have always had, rights the federal government may not usurp.”

This principle of limited government was expressed when the Constitution was being debated over at the Virginia Ratifying Convention. There, delegate George Nicholas made the following remarks:

The state legislatures, also, will be a powerful check on them (federal government): every new power given to Congress is taken from the state legislatures; they will be, therefore, very watchful over them; for, should they exercise any power not vested in them, it will be a usurpation of the rights of the different state legislatures, who would sound the alarm to the people. Upon such an appeal from the states to the people, nothing but the propriety of their conduct would insure the Congress any chance of success.

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While resolutions aren’t legally binding, they create a foundation for further more substantive action. Adoption of SCR15 establishes a precedent, and the Senate should now follow up with legislation refusing cooperation with specific federal mandates beyond the federal government’s constitutional scope.

TJ Martinell is a Seattle-based reporter and author of the Orwellian novel The Stringers. Visit his personal site at tjmartinell.com. He writes for The Tenth Amendment Center, where this article first appeared.


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8 Comments on "Ohio Senate Adopts Resolution Affirming Tenth Amendment"

  1. Elizabeth Martin | June 11, 2016 at 12:19 pm | Reply

    BRAVO, OHIO!!!! I hope the House concurs – and that ALL other States follow. cheers

  2. Returning power (via Amendment 10) to the States is NOT the answer for our country. When Biblical standards are rejected, State governments are just as wicked as is the Federal government. Our only answer is a return to Yahweh the God of the Bible, His Son as the Savior of the remnant, and His morality as found in His perfect law and altogether righteous judgments (Psalm 19:7-9) for society.

    For more, see online Chapter 19 “Amendment 10: Counterfeit Powers” of “Bible Law vs. the United States Constitution: The Christian Perspective.” Click on my picture, then our website. Go to our Online Books page, click on the top entry, and scroll down to Chapter 19.

    Then, find out how much you REALLY know about the Constitution as compared to the Bible. Take our 10-question Constitution Survey in the right-hand sidebar and receive a complimentary copy of a book that EXAMINES the Constitution by the Bible.

    • Blah, blah, blah…when biblical standards are rejected…blah, blah, blah…click on my picture…blah, blah, blah…send contributions…blah, blah, blah and more blah.

  3. Gregory Alan of Johnson | June 11, 2016 at 4:59 pm | Reply

    A franchise getting ready to tell the parent corporation “NO”. Should be an interesting show.

  4. Kick the Feds down the street. The Usurped States need to reclaim that which they have been bullied into and cut the strings.
    TAXATION is THEFT
    Common CORE is dumb down.

  5. The Bible is BS.

    • Bottomline Standards – Tru Dat.
      There’s NO error,
      Reflects Integrity
      Gods Morality
      For the benefit of all Mankind
      and agrees with science, et al.

  6. Just like the”federal district courts”, they lack subject matter jurisdiction as the constitution only provides territorial i.e. district of columbia, Porto Rico, ect. authority to take jurisdiction.

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