By Constitution Staff

In response to Gov. Brad Henry's April 25 veto of House Joint Resolution 1003, legislation that reaffirmed the 10th Amendment of the US Constitution, state Senator Randy Brogdon (R-Owasso) called on the governor to refrain from any further erosion of the people's Constitutional rights.

"At the end of the workweek, when everyone else had left the Capitol, Brad Henry used his veto power to reject the Constitution he swore to uphold," said Brogdon, who was the primary author of the resolution in the Senate. "With the stroke of the pen, the Governor decided to let President Obama and Congress continue to erode our Constitutional rights."

"This is not an isolated case," said Brogdon. He then referred to Governor Henry's veto of legislation that would have banned stem cell research. "In less than one week's time, Brad Henry has vetoed life and liberty."

"This is not about left vs. right or liberal vs. conservative," continued Brogdon. "This is about right and wrong. And according to the vast majority of Oklahomans, these Brad Henry vetoes are just plain wrong." HJR 1003 passed the House 83-13 on February 18, and the Senate 29-18 on April 15. Brogdon added, "Governor Henry should stop catering to Congress and start listening to the will of the people and become Oklahoma's Governor."

HJR 1003 declares Oklahoma's sovereignty under the Tenth Amendment in all matters not otherwise enumerated or granted to the federal government under the U.S. Constitution. The resolution also calls on the president and other agents of the federal government to "cease and desist" mandates beyond the scope of "constitutionally delegated powers" and repeal all compulsory federal legislation directing states to comply under threat of civil or criminal sanctions or in order to gain federal funding. State Rep. Charles Key (R-Oklahoma City), the primary author of the legislation, noted that the resolution refers also to a 1992 Supreme Court ruling further stressing that the federal government cannot simply commandeer the regulatory and legislative processes of the states.

Gov. Henry in his veto message said, "Without question, the state of Oklahoma and its leaders support the U.S. Constitution and the rights it guarantees the states and their citizens, and there is no need to spend valuable legislative time on a resolution expressing support for any particular amendment or constitutional right. Furthermore, HJR 1003 also alleges, without offering any evidence or explanation, that past and current U.S. leaders may have violated the Constitution and committed crimes against the states and the country."

On the day the resolution passed the Senate, thousands were present on the south steps of the state Capitol Building participating in the Oklahoma Tea Party. Key said, "Today, thousands of regular citizens showed up at this state Capitol to say they want the federal government to follow the United States Constitution. It is abundantly clear to many U.S. citizens that the federal government has violated the Tenth Amendment of the Constitution and they are voicing their outrage and concern through this legislation."

Prior to the governor's veto, Key said, "Lawmakers in other states have also been looking into similar resolutions since Oklahoma became the first state file and pass Tenth Amendment Legislation. We now have an opportunity to be the first state to have it signed it into law." Instead, Oklahoma became the first state to have it vetoed. Had the governor signed the resolution, it would have been distributed to the President, the U.S. Congress and other federal offices as an official statement from the state of Oklahoma.