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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 113
BY SENATOR CROWE
INTERGOVERN RELATIONS. Establishes the Louisiana Balance of Powers Study
Commission.
A CONCURRENT RESOLUTI ON1
To create and provide for the Louisiana Balance of Powers Study Commission to study2
federally generated laws, regulations, policies, procedures, directives and orders3
placed upon the state of Louisiana by the federal government and to recommend any4
action or legislation that the commission deems necessary and appropriate.5
WHEREAS, the Tenth Amendment to the Constitution of the United States of6
America guarantees and reserves to the states and the people, all powers not delegated to the7
federal government elsewhere in the Constitution of the United States of America as they8
were originally intended and publicly understood at the time that the amendment was ratified9
on December 15, 1791, and subject only to modifications by duly ratified via subsequent10
amendments to the Constitution of the United States of America; and11
WHEREAS, the guarantee of those powers is a matter of compact between the state12
and the people of Louisiana and the United States as of the time that Louisiana was admitted13
to statehood in 1812; and14
WHEREAS, in accordance with the compact between the state and people of15
Louisiana and the United States as of the time that Louisiana was admitted to statehood in16
1812, the Tenth Amendment to the Constitution of the United States of America reserves to17
the state and people of Louisiana that other than the enumerated powers expressly delegated18 SCR NO. 113
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to the United States under Article I, Section 8 of the Constitution of the United States of1
America, Congress and the federal government are prohibited from exercising any purported2
additional control over, or commandeering rights belonging to the State of Louisiana, or its3
people; and4
WHEREAS, the Constitution of the United States of America on June 21, 1788,5
affirms that the sole and sovereign power to regulate the state business and affairs rested in6
the state legislature and has always been a compelling state concern and central to state7
sovereignty and security; and 8
WHEREAS, the foregoing public meaning and understanding of Article I, Section9
8, the Establishment clause of the First Amendment and the Tenth Amendment of the10
Constitution of the United States of America is a matter of compact between the state and11
people of Louisiana and the United States as of the time that Louisiana was admitted to12
statehood in 1812; and13
WHEREAS, the power to regulate commerce among the several states as delegated14
to the Congress in Article I, Section 8, Clause 3 of the Constitution of the United States of15
America as understood at the time of the founding, was meant to empower Congress to16
regulate the buying and selling of products made by others, associated finance and financial17
instruments, and navigation and other carriage, across state jurisdictional lines and that this18
power to regulate commerce does not include agriculture, manufacturing, mining, crimes,19
or land use, nor does it include activities that merely "substantially affect" commerce; and20
WHEREAS, at the time the Constitution of the United States of America was ratified21
on June 21, 1788, the Commerce Clause was not meant or understood to authorize Congress,22
the Executive Branch, or the Federal Judiciary to regulate the state courts in the matter of23
state substantive law or state judicial procedure and, therefore, this meaning and24
understanding of Article I, Section 8, the Establishment Clause of the First Amendment and25
the Tenth Amendment of the Constitution of the United States of America, as they pertain26
to the validity of religious sectarian or foreign law as being controlling or influential27
precedent has never been modified by any duly ratified amendment to the Constitution of28
the United States of America; and 29
WHEREAS, Article I, Section 8, Clause 18 of the Constitution of the United States30 SCR NO. 113
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of America, the necessary and proper clause, is not a blank check that empowers the federal1
government to do anything it deems necessary or proper and is, instead, a limitation of2
power under the common-law doctrine of principals and incidents, which restricts the power3
of Congress to exercise incidental powers; and4
WHEREAS, there are two main conditions required for something to be incidental,5
and therefore, necessary and proper as follows: (1) the law or power exercised must be6
directly applicable to the main, enumerated power, and (2) it must be lesser than the main7
power; and8
WHEREAS, in accordance with Article I, Section 8, Clause 1 of the Constitution of9
the United States of America ratified on June 21, 1788, the general welfare clause, does not10
empower the federal government with the ability to do anything it deems good; it is instead11
a general restriction limiting the exercise of the enumerated powers of Congress set forth in12
Article I, Section 8 of the Constitution of the United States of America, requiring that13
Congress only enact laws which serve all citizens well and equally; and 14
WHEREAS, when James Madison was asked if this Article I, Section 8, Clause 115
were a grant of power, he replied "If not only the means but the objects are unlimited, the16
parchment [the Constitution] should be thrown into the fire at once" and thus, we reestablish17
that this clause is a limitation on the power of the federal government to act in the welfare18
of all when passing laws in pursuance of the powers delegated to the United States, showing19
no favor to any race, creed, color or socio-economic class; and 20
WHEREAS, likewise, the Commerce Clause was not meant or understood to21
authorize Congress or the Federal Judiciary to establish religious, sectarian or foreign22
statutes or case law as controlling or influential precedent; accordingly, the foregoing public23
meaning and understanding of Article I, Section 8, the Establishment Clause of the First24
Amendment and the Tenth Amendment of the Constitution of the United States of America25
is a matter of compact between the state and people of Louisiana and the United States as26
of the time that Louisiana was admitted to statehood in 1812; and27
WHEREAS, the Legislature of Louisiana acknowledges that the Commerce Clause,28
the General Welfare Clause, and the Necessary and Proper Clause of the Constitution of the29
United States of America were amended, and made more specific and limiting at the peoples30 SCR NO. 113
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insistence through the creation of the Bill of Rights, (i.e. the 2nd Amendment, the 9th1
Amendment and the 10
th
Amendment); and 2
WHEREAS, all Amendments within the Bill of Rights were for the purpose of3
further restricting federal powers, vesting or retaining the ultimate power and control of the4
states by the people within the states, or both, and therefore, the Legislature of Louisiana5
specifically rejects and denies any federal claim of expanded and/or additional authority6
which the federal government may from time to time attempt to exert, exercise or enforce7
under these clauses, as these actions totally disrupt and degrade the framer's of the8
Constitution of the United States of America's emphasis on the balance of powers; and9
WHEREAS, the people of the State of Louisiana and the Legislature of Louisiana,10
are aware that the federal government has amended and altered the spirit and the meaning11
of The Commerce Clause, all without proper legislative authority through amendment and,12
therefore, the Legislature of Louisiana rejects and denies this unauthorized and excessive13
abuse of power which has primarily acted as a detriment to states rights and individual14
rights, a deliberate attempt to negatively alter the balance of powers; and15
WHEREAS, in accordance with the Constitution of the United States of America,16
Congress and the federal government is denied the power to establish or affect laws within17
the state which are repugnant and obtrusive to the Constitution of the United States of18
America, the Constitution of Louisiana, state law and the citizens of the state; and19
WHEREAS, the federal government is restrained and confined in authority by the20
eighteen items as set forth in Article I, Section 8 of the Constitution of the United States of21
America; and22
WHEREAS, Congress and the federal government is hereby denied the power to bind23
the states under foreign statute, court order or opinion, or executive order, other than those24
provisions duly ratified by the Congress as a treaty, so long as the treaty does not violate the25
state or the Constitution of the United States of America; and26
WHEREAS, further, no authority has ever been given to the Legislative Branch, the27
Executive Branch, or the Judicial Branch, of the federal government, to preempt state28
legislation, or to destroy the balance of powers, which is set forth in the Constitution of the29
United States of America.30 SCR NO. 113
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby creates1
the Louisiana Balance of Powers Study Commission to study the federally generated laws,2
regulations, policies, procedures, directives and orders placed upon the state of Louisiana3
by the federal government and to recommend any action or legislation that the commission4
deems necessary and appropriate to the legislature.5
BE IT FURTHER RESOLVED that the commission created herein shall consist of6
the following eight members:7
(1) The president of the Senate or his designee.8
(2)The speaker of the House of Representatives or his designee.9
(3)Three members of the Senate appointed by the president, one of whom shall10
be a member of the minority party, and one of whom shall be designated by11
the president as co-chairperson.12
(4)Three members of the House of Representatives appointed by the speaker,13
one of whom shall be a member of the minority party, and one of whom shall14
be designated by the speaker as co-chairperson.15
BE IT FURTHER RESOLVED that in conducting such study, the commission may16
review any and all existing agent federal statutes, mandates or executive orders and17
recommend nullification of any bill that is unconstitutional to the legislature.18
BE IT FURTHER RESOLVED that the members of the commission shall serve19
without compensation, except per diem or expenses reimbursement to which they may be20
individually entitled as members of the constituent organizations.21
BE IT FURTHER RESOLVED that a majority of the total membership shall22
constitute a quorum of the commission and any official action by the commission shall23
require an affirmative vote of a majority of the quorum present and voting.24
BE IT FURTHER RESOLVED that the commission may conduct such meetings at25
such times as it may deem necessary or convenient to enable it to exercise fully and26
effectively its powers, perform its duties, and accomplish the objectives and purposes of this27
Resolution.28
BE IT FURTHER RESOLVED that the staff assigned to the Senate Committee on29
Labor and Industrial Relations shall serve as staff for the commission.30 SCR NO. 113
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BE IT FURTHER RESOLVED that in the event that the commission shall make a1
written report of its findings and recommendations, with suggestions for proposed2
legislation, if any, to the legislature no later than sixty days prior to the convening of the3
2014 Regular Session.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts .
DIGEST
Crowe SCR No. 113
Creates the Louisiana Balance of Powers Study Commission to study federally generated
laws, regulations, policies, procedures, directives and orders placed upon the state by the
federal government and to recommend any action or legislation that the commission deems
necessary and appropriate.
Provides that the members of the commission shall be:
(1)The Senate president or his designee.
(2)The House speaker or his designee.
(3)Three Senate members appointed by the president, one of whom shall be a member
of the minority party and one of whom shall be designated co-chair.
(4)Three House members appointed by the speaker, one of whom shall be a member of
the minority party and one of whom shall be designated co-chair.
Specifies that the members of the commission serve without compensation, except for such
reimbursement or per diem they are individually entitled to as members of the constituent
group they represent.
Requires that the commission may make a written report of its recommendations to the
legislature, with any recommendations for legislation, not later than 60 days prior to the
2014 RS.