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HI SR41
Resolution
Status
2/26/2010
Primary Sponsor
Carol Fukunaga
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AI Summary
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Declares that Hawaii and other states retain sovereign rights under the U.S. Constitution, rejecting unlimited submission to federal authority and affirming state self-government.
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Asserts that Congress lacks constitutional authority to create, define, or punish crimes beyond those specifically enumerated in the Constitution (treason, counterfeiting, piracy, felonies on high seas, offenses against law of nations, and slavery).
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Calls for nullification of federal acts, executive orders, or judicial decisions that exceed delegated constitutional powers, specifically targeting martial law without state consent, involuntary servitude, corporate/foreign power transfers, religious restrictions, speech/press limitations, and gun regulations.
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Proposes that if federal acts violate the Constitution, all delegated powers should revert to individual states and any future federal government would require ratification by three-fourths of states and would not bind non-ratifying states.
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Directs transmission of certified copies to the President and Hawaii's congressional delegation; notes that Arizona, Massachusetts, Michigan, Missouri, Montana, New Hampshire, New York, North Carolina, Oklahoma, Rhode Island, Virginia, and Washington are considering similar measures.
Legislative Description
State Sovereignty
Last Action
(S) Referred to TIA, JGO.
3/10/2010