Texas 2021 - 87th Regular

Texas House Bill HCR52

Caption

Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution, serving notice to the federal government to halt and reverse certain mandates, and providing that certain federal legislation be prohibited or repealed.

Impact

The passing of HCR52 could significantly impact the relationship between state and federal governments, potentially leading to a refusal to comply with certain federal mandates. By pushing back against perceived federal overreach, the resolution seeks to empower Texas to make its own decisions concerning regulations and laws that affect its residents. This assertion of state sovereignty may foster a legislative environment where Texas prioritizes state-defined rights and liberties over federal directives, thereby affecting various sectors including health care, education, and public safety.

Summary

HCR52 is a concurrent resolution aimed at affirming Texas's sovereignty under the Tenth Amendment of the U.S. Constitution. It emphasizes that powers not granted to the federal government are reserved for the states or the people. The resolution asserts that many federal laws and mandates violate this principle, arguing that the federal government has overreached its constitutionally defined powers. The bill expresses a claim that Texas, along with other states, has the right to resist and challenge federal mandates that are not explicitly authorized by the Constitution.

Sentiment

The sentiment around HCR52 is mixed, with strong support among certain factions of the Texas legislature who believe in a strict interpretation of the Constitution and the need to protect state rights. However, there is also a notable opposition from those who argue that such a resolution could lead to fragmentation in governance and jeopardize essential federal programs and protections. The passionate discourse represents a broader national debate on states' rights versus federal authority, reflecting deeply rooted ideological divisions.

Contention

Key points of contention include the implications of declaring sovereignty and restricting federal mandates. Opponents of HCR52 warn that it may undermine cooperation between state and federal governments, potentially jeopardizing funding and support for critical programs. Additionally, critics argue that it sets a concerning precedent for other states to resist federal laws, possibly leading to inconsistencies in how laws are applied across the nation. Proponents, meanwhile, view it as a necessary measure to reclaim rights that they believe have been eroded by increasing federal intervention.

Companion Bills

TX HCR14

Same As Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution, serving notice to the federal government to halt and reverse certain mandates, and providing that certain federal legislation be prohibited or repealed.

TX SCR12

Same As Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution, serving notice to the federal government to halt and reverse certain mandates, and providing that certain federal legislation be prohibited or repealed.

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