sole and sovereign power to regulate the state business and affairs rested in state
legislatures and has always been a compelling state concern and central to state
sovereignty. Accordingly, the foregoing public meaning and understanding of Article 1
Section 8, the Establishment Clause of the First Amendment, and the Tenth Amendment
of the United States Constitution is a matter of compact between the state and people of
Tennessee and the United States when Tennessee was admitted to statehood. Further,
the power to regulate commerce among the several states, as delegated to the Congress
in Article I, Section 8, Clause 3 of the Constitution, aswas meant and understood at the time of the
founding, was meant to empower Congress only to regulate the buying and selling of
products tangible commodities made by others, associated finance and financial instruments, and navigation
and other carriage, across state jurisdictional lines from a seller outside a state to a buyer inside it. This power to regulate did not include the power to prohibit, or impose criminal penalties, and “commerce”
doesdid not include agriculture, manufacturing, mining, major crimes activities of those engaged in trade, possession, or land use. Nor does
itthe “necessary and proper clause”, Article I Section 8 clause 18, includeauthorize regulation of articles or activities that merely “substantially affect” commerce;
(43) At the time the United States Constitution was ratified on June 21, 1788, the
judiciary to regulate the state courts in the matter of state substantive law or state judicial
procedure. This meaning and understanding of Article 1 Section 8, the Establishment
Clause of the First Amendment, and the Tenth Amendment of the United States
Constitution, as they pertain to the validity of religious sectarian or foreign law as being
controlling or influential precedent have never been modified by any duly ratified
amendment to the United States Constitution. Accordingly, the foregoing public
meaning and understanding of Article 1 Section 8 and the Tenth Amendment of the
United States Constitution is a matter of compact between the state and people of
Tennessee and the United States when Tennessee was admitted to statehood in 1796.
Further, Article I, Section 8, Clause 18 of the Constitution, the “necessary and proper
clause,” isdoes not a blank check that empowers the federal government to do anything it
deems necessary or properconvenient for its purposes. It is only to authorize instead a limitation of power under the common-law
doctrine of “principals and incidents,” which restricts the power of Congress to exerciselimited to
incidental powers, necessary and proper to make the efforts authorized in the other express powers, not to do whatever might achieve the purposes for which the powers might be exercised. There are two (2) main conditions required for something to be
incidental and therefore “necessary and proper.” The law or power exercised must be:
(A) Directly applicable to the main, enumeratedexpress power; and
(B) It must be “lesser” than the main power;
(54) The “general welfare clause,”In accordance with in Article I, Section 8, Clause 1 of the U.S. Constitution
, ratified on June 21, 1788, the “general welfare clause,” does not empower the federal
government with the ability to do anything it deems gooddelegate a power. It is instead a general
restriction limiting the exerciseon taxing and spending in the exercise of the enumerated powers of Congress set forth in Article
I, Section 8, and elsewhere in of the Constitution of the United States, requiring that Congress only enact
lawsdo so only in ways which serve all citizens well and equally, and do not favor or disfavor any state, region, or faction. When James Madison was asked if this
clause was a grant of power, he replied “If not only the means but the objects are
unlimited, the parchment [the Constitution] should be thrown into the fire at once.” Thus,
this clause is a limitation on the power of the federal government to act in the welfare of
all when passing laws in pursuance of the powers delegated to the United States.
Likewise, the Commerce Clause was not meant or understood to authorize Congress or
the federal judiciary to establish religious sectarian or foreign statutes or case law as
controlling or influential precedent. Accordingly, the foregoing public meaning and
understanding of Article 1 Section 8, the Establishment Clause of the First Amendment
and the Tenth Amendment of the United States Constitution is a matter of compact
between the state and people of Tennessee and the United States when Tennessee
was admitted to statehood;
(65) The general assembly acknowledges that the “Commerce Clause”, the
“General Welfare Clause”, and the “Necessary and Proper Clause" of the United States
Constitution were amended, and made more specific and limiting at the people's
insistence through the creation of the Bill of Rights, i.e. the 2nd Amendment, the 9th
their rights as they were understood and secured by the law at the time that the
amendment was ratified on December 15, 1791, as well as their rights as they were
understood and secured by the law in the state of Tennessee at the time the Tennessee
constitution was adopted, the people and state hereby proclaim that the guarantee of
those rights is a matter of compact between the state and the people of Tennessee and
the United States as of the time that Tennessee was admitted to statehood.
(1) The following article of amendment to the Constitution of Tennessee shall be submitted to the voters of Tennessee for ratification in the next election for a governor, to be appended to Article XI thereof:
Federal Action Review Commission
A "Federal Action Review Commission", as a kind of grand jury, shall be established, to meet frequently with rotating membership drawn from a pool of constitutionally knowledgeable persons, excluding public employees, contractors, or pensioners, active lawyers, or current members, selected at random by a sortition process. Such commission shall be empowered to review the constitutionality of current or proposed federal legislation, regulations, practices, rules, decisions or other actions, and if it finds such actions to be unconstitutional, to issue an edict, with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to also refuse to cooperate.
The Commission shall consist of 23 members, who shall serve for staggered terms of 6 months each, except initially. The selection pool shall be filled each year with at least three nominees from each of the local grand juries throughout the State. The Commission shall elect its foreperson, adopt rules of procedure, and meet for at least one hour once a week, with a quorum of 16, and a vote of 12 required to issue a report. It may only report findings of unconstitutionality. It shall base its findings on a presumption of nonauthority, and require strict proof of constitutionality from logical and textual analysis and historical evidence, not court precedent. It shall be open to direct complaints of the unconstitutionality of federal actions from any citizen, subject only to orderly scheduling which it shall prescribe. It shall have the power to subpoena witnesses, and its deliberations shall be secret, except that it may disclose anything in its reports. It may authorize criminal prosecution by issuing an indictment to any person, not necessarily a lawyer, upon a finding that the court cited in the indictment has jurisdiction and that evidence of guilt is sufficient for trial.
State and local officials, employees, and contractors shall be duly notified in writing of such edicts within ten days and shall have twenty days to comply or be subject to termination after one written warning and a second failure to refuse to cooperate with federal officials and agents. No official, employee, or contractor shall be penalized for compliance with an edict of the Commission.
A state fund shall be established to pay for private legal counsel and provide financial support of state citizens and agents who refuse to cooperate with unconstitutional federal actions, with the intention to obtain judicial decisions that support the unconstitutionality of the federal actions, and hold the resisting citizen harmless.
(2) Tennessee Code Annotated, Title 3, Chapter 1, Part 1, is amended by
adding the following new sections thereto:
(a) The general assembly shall appoint a commission of
recommendation, consisting of ten (10) members, five (5) members from the
senate to be appointed by the speaker of the senate and five (5) members from
the house of representatives to be appointed by the speaker of the house of
constitutionality, the state nor its citizens shall recognize or be obligated to live
under such statute, mandate, or executive order.
All statutes in conflict with the foregoing amendment shall, upon its adoption, be repealed.
3-1-124. It shall be the duty of the general assembly to adopt and enact any and
all measures that may become necessary to prevent the wrongful enforcement of any
federal laws or regulations duly nullified within the boundaries and limits of this state.
The Secretary of State shall provide for the initial appointment of the members of the Commission, and disburse compensation in accordance with prevailing rates for grand jurors, from the State Treasury, and a fund of $1 million shall be initially authorized to provide for expenses and for a civil defense fund for private citizens acting on findings of the Commission.
SECTION 4. The clerk of the senate is directed to send a copy of this act to the
President of the United States, the President of the United States Senate, the Speaker and Clerk of the United States House
of Representatives, and each member of the States’ Congressional delegation, with the request that
this Act be officially entered into the Congressional Record.
SECTION 5. For the purposes of making appointments to the committee of
recommendationcommission this act shall take effect upon becoming a law, the public welfare requiring it.
For all other purposes this act shall take effect July 1, 2011, the public welfare requiring itratification.