House Resolution 103 - Introduced HOUSE RESOLUTION NO. 103 BY WILLS A Resolution affirming the powers reserved to the 1 states under the Tenth Amendment to the United 2 States Constitution. 3 WHEREAS, the Tenth Amendment to the Constitution of 4 the United States reads as follows: The powers not 5 delegated to the United States by the Constitution, nor 6 prohibited by it to the States, are reserved to the 7 States respectively, or to the people.; and 8 WHEREAS, the Tenth Amendment defines the total scope 9 of federal powers as being that specifically granted by 10 the United States Constitution and no more; and 11 WHEREAS, the scope of federal power defined by the 12 Tenth Amendment means that the federal government was 13 created by the states specifically to be an agent of 14 the states; and 15 WHEREAS, state authority has been eroded primarily 16 by federal assumption of powers reserved to the states, 17 interpretations of the Commerce Clause of the United 18 States Constitution that go beyond any reasonable 19 conception, threats of withholding, withdrawing, or 20 diverting federal funds, and failure by the states to 21 challenge federal intrusions; and 22 WHEREAS, currently, the states are demonstrably 23 treated as agents of the federal government; and 24 WHEREAS, numerous resolutions have been forwarded 25 to the federal government without any response or 26 result from the United States Congress or the federal 27 government; and 28 -1- LSB 5222YH (3) 90 sc/jm 1/ 3
H.R. 103 WHEREAS, many federal mandates are directly in 1 violation of the Tenth Amendment to the Constitution 2 of the United States; and 3 WHEREAS, the United States Supreme Court has ruled 4 that Congress may not commandeer the legislative and 5 regulatory processes of the states; and 6 WHEREAS, a number of proposals from previous 7 administrations and some now pending from the present 8 administration and from the United States Congress may 9 further violate the United States Constitution; NOW 10 THEREFORE, 11 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That 12 the House of Representatives hereby claims sovereignty 13 under the Tenth Amendment to the Constitution of the 14 United States over all powers not otherwise enumerated 15 and granted to the federal government by the United 16 States Constitution; and 17 BE IT FURTHER RESOLVED, That the House of 18 Representatives demands the federal government 19 immediately cease and desist all mandates that are 20 beyond the scope of its constitutionally delegated 21 powers; and 22 BE IT FURTHER RESOLVED, That the House of 23 Representatives encourages each state to reaffirm its 24 sovereignty and serve notice to the federal government 25 to cease and desist all activity outside the scope of 26 its constitutional powers; and 27 BE IT FURTHER RESOLVED, That copies of this 28 resolution be sent to the President of the United 29 States, the President of the United States Senate, the 30 -2- LSB 5222YH (3) 90 sc/jm 2/ 3
H.R. 103 Speaker of the United States House of Representatives, 1 the Speaker of the House and the President of the 2 Senate of each states legislature, and the members of 3 Iowas congressional delegation. 4 -3- LSB 5222YH (3) 90 sc/jm 3/ 3