Overview
House Concurrent Resolution 1028, or the Oklahoma sovereignty bill, was introduced by State Rep Charles Key and was passed in May 2009 first just ten days after a similar bill was vetoed by Governor Brad Henry. The bill is considered a reaction to the increasing role of federal government in state affairs, which many believe reached unforgivable levels with the implementation of President Barack Obama's stimulus bill and its accompanying regulations of state activities, particularly in the management of business.
Contents
To clarify, this was a resolution and not truly a bill.
Legal Basis for the Bill
The bill bases its claim of state sovereignty on the wording of the 9th and 10th amendments to the Constitution which affirm that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" and "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." Under these Constitutional rights, the bill declares that "the State of Oklahoma hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States."
Future of the Bill
Governor Brad Henry vetoed the bill.