Texas 2009 - 81st Regular

Texas House Bill HCR76

Introduced
2/26/09  

Caption

Memorializing Congress in defense of the Tenth Amendment to the U.S. Constitution, affirming the right of states to nullify acts of Congress, executive orders, and judicial orders, and calling for the creation of a joint committee to communicate with other states about the limits of federal power.

Impact

The implications of HCR76 are significant in terms of state and federal relations. By asserting the right of nullification, the resolution creates a legal framework for states to challenge federal authority and legislation they perceive as unconstitutional. This could pave the way for increased state autonomy in various policy areas, particularly in the face of federal mandates that states might find objectionable. Such assertions of state power could lead to potential conflicts between state and federal governments, as it promotes a scenario where states might refuse to enforce federal laws they do not agree with.

Summary

HCR76 is a concurrent resolution that memorializes Congress in defense of the Tenth Amendment of the U.S. Constitution. It affirms the right of states to nullify acts of Congress, executive orders, and judicial orders that exceed the powers delegated to the federal government. The resolution emphasizes the importance of local self-governance and argues that states must possess the authority to manage their own affairs without interference from the federal government. This message is rooted in a belief that a government that operates outside its constitutional limits is impermissible and detrimental to the rights of states and their citizens.

Contention

The resolution raises important points of contention regarding the balance of power between state and federal governments. Proponents view HCR76 as a necessary step toward reinforcing state sovereignty and protecting the liberties of individuals against overreach by federal authorities. Conversely, critics warn that endorsing nullification can undermine the rule of law and create a fragmented legal landscape, where federal laws can be selectively enforced or ignored by states. This tension highlights a fundamental debate over the interpretation of the Constitution and the appropriate limits of federal versus state power.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.