Texas 2009 - 81st Regular

Texas House Bill HCR76 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11845 MMS-F
2	2	By: Berman H.C.R. No. 76
3	3
4	4
5	5	CONCURRENT RESOLUTION
6	6	WHEREAS, The Constitution of the State of Texas declares that
7	7	Texas is a free and independent State, subject only to the
8	8	Constitution of the United States, and the maintenance of our free
9	9	institutions and the perpetuity of the Union depend upon the
10	10	preservation of the right of local self-government, unimpaired to
11	11	all the States; and
12	12	WHEREAS, The State of Texas acknowledges that the Ninth
13	13	Amendment to the U.S. Constitution states that "[t]he enumeration
14	14	in the Constitution, of certain rights, shall not be construed to
15	15	deny or disparage others retained by the people," and that the Tenth
16	16	Amendment states that "[t]he powers not delegated to the United
17	17	States by the Constitution, nor prohibited by it to the States, are
18	18	reserved to the States respectively, or to the people"; and
19	19	WHEREAS, The 50 states composing the United States of America
20	20	are not united on the principle of unlimited submission to their
21	21	general government but by a compact, described as "a Constitution
22	22	for the United States of America," with amendments thereto, through
23	23	which they constituted a general government for special purposes
24	24	and delegated to that government certain definite powers,
25	25	reserving, each state to itself, the residuary mass of rights to its
26	26	own self-government; whensoever the general government assumes
27	27	undelegated powers, its acts are unauthoritative, void, and of no
28	28	force; to this compact each state acceded as a state, and is an
29	29	integral party, its co-states forming, as to itself, the other
30	30	party; the government created by this compact was not made the
31	31	exclusive or final judge of the extent of the powers delegated to
32	32	itself, since that would have made its discretion, and not the
33	33	Constitution, the measure of its powers; as in all other cases of a
34	34	compact among powers having no common judge, each party has an equal
35	35	right to judge for itself, as well of infractions as of the mode and
36	36	measure of redress; and
37	37	WHEREAS, The Constitution of the United States delegated to
38	38	Congress a power to punish treason, counterfeiting the securities
39	39	and current coin of the United States, piracies, felonies committed
40	40	on the high seas, offences against the law of nations, slavery, and
41	41	no other crimes whatsoever; it being true as a general principle,
42	42	and one of the amendments to the Constitution having also declared,
43	43	that "the powers not delegated to the United States by the
44	44	Constitution, nor prohibited by it to the States, are reserved to
45	45	the States respectively, or to the people," therefore all acts of
46	46	Congress that undertake to create, define, or punish crimes, other
47	47	than those so enumerated in the Constitution, are altogether void
48	48	and of no force; the power to create, define, and punish such other
49	49	crimes is reserved, and of right appertains, solely and exclusively
50	50	to the respective states, each within its own territory; and
51	51	WHEREAS, It is true as a general principle, and is also
52	52	expressly declared by one of the amendments to the Constitution,
53	53	that "the powers not delegated to the United States by the
54	54	Constitution, nor prohibited by it to the States, are reserved to
55	55	the States respectively, or to the people"; no power over the
56	56	freedom of religion, freedom of speech, or freedom of the press
57	57	being delegated to the United States by the Constitution, nor
58	58	prohibited by it to the states, all lawful powers respecting the
59	59	same did of right remain with, and were reserved to, the states or
60	60	the people; thus was manifested their determination to retain to
61	61	themselves the right of judging how far the licentiousness of
62	62	speech and of the press may be abridged without lessening their
63	63	useful freedom, and how far those abuses that cannot be separated
64	64	from their use should be tolerated, rather than the use be
65	65	destroyed; thus also they guarded against all abridgment by the
66	66	United States of the freedom of religious opinions and exercises,
67	67	and retained to themselves the right of protecting the same; in
68	68	addition to this general principle and express declaration, another
69	69	and more special provision has been made by one of the amendments to
70	70	the Constitution, which expressly declares that "Congress shall
71	71	make no law respecting an establishment of religion, or prohibiting
72	72	the free exercise thereof, or abridging the freedom of speech or of
73	73	the press," thereby guarding in the same sentence, and under the
74	74	same words, the freedom of religion, of speech, and of the press,
75	75	insomuch that whatever violates either, throws down the sanctuary
76	76	that covers the others, and that libels, falsehood, and defamation,
77	77	equally with heresy and false religion, are withheld from the
78	78	cognizance of federal tribunals; therefore, all acts of the
79	79	Congress of the United States which do abridge the freedom of
80	80	religion, freedom of speech, and freedom of the press are not law,
81	81	but are altogether void and of no force; and
82	82	WHEREAS, The construction applied by the general government,
83	83	as is evidenced by sundry of its proceedings, to those parts of the
84	84	Constitution of the United States that delegate to Congress a power
85	85	"to lay and collect taxes, duties, imports, and excises, to pay the
86	86	debts, and provide for the common defense and general welfare of the
87	87	United States," and "to make all laws which shall be necessary and
88	88	proper for carrying into execution the powers vested by the
89	89	Constitution in the government of the United States, or in any
90	90	department or officer thereof," goes to the destruction of all
91	91	limits prescribed to its power by the Constitution; words meant by
92	92	the instrument to be subsidiary only to the execution of limited
93	93	powers ought not to be so construed as themselves to give unlimited
94	94	powers, nor a part to be so taken as to destroy the whole residue of
95	95	that instrument; the proceedings of the general government under
96	96	color of these articles will be a fit and necessary subject of
97	97	revisal and correction; now, therefore, be it
98	98	RESOLVED, That the 81st Legislature of the State of Texas
99	99	hereby request the lieutenant governor and speaker of the house of
100	100	representatives to appoint a joint committee that shall have as its
101	101	charge to communicate this resolution to the legislatures of the
102	102	several states and to assure them: that this state continues to
103	103	esteem their friendship and union; that it considers union, for
104	104	specified national purposes, and particularly those specified in
105	105	their federal compact, to be friendly to the peace, happiness, and
106	106	prosperity of all the states; that being faithful to that compact,
107	107	according to the plain intent and meaning in which it was understood
108	108	and acceded to by the several parties, it is sincerely anxious for
109	109	its preservation; that it does also believe that to take from the
110	110	states all the powers of self-government and transfer them to a
111	111	general and consolidated government, without regard to the special
112	112	delegations and reservations solemnly agreed to in that compact, is
113	113	not for the peace, happiness, or prosperity of these states, and
114	114	that therefore this state is determined, as it doubts not its
115	115	co-states are, to submit to undelegated, and consequently
116	116	unlimited, powers in no man or body of men on earth; that in cases of
117	117	an abuse of the delegated powers, the members of the general
118	118	government, being chosen by the people, a change by the people would
119	119	be the constitutional remedy, but where powers are assumed that
120	120	have not been delegated, a nullification of the act is the rightful
121	121	remedy; that every state has a natural right, in cases not within
122	122	the compact (casus non foederis), to nullify of its own authority
123	123	all assumptions of power by others within its limits; that without
124	124	this right, the states would be under the dominion, absolute and
125	125	unlimited, of whosoever might exercise this right of judgment for
126	126	them; that nevertheless, this state, from motives of regard and
127	127	respect for its co-states, has wished to communicate with them on
128	128	the subject; that with them alone it is proper to communicate, they
129	129	alone being parties to the compact, and solely authorized to judge
130	130	in the last resort of the powers exercised under it, Congress being
131	131	not a party, but merely the creature of the compact, and subject as
132	132	to its assumptions of power to the final judgment of those by whom,
133	133	and for whose use itself and its powers were all created and
134	134	modified; that if the acts before specified should stand, these
135	135	conclusions would flow from them: that it would be a dangerous
136	136	delusion were a confidence in the men of our choice to silence our
137	137	fears for the safety of our rights; that confidence is everywhere
138	138	the parent of despotism--free government is founded in jealousy,
139	139	and not in confidence; it is jealousy and not confidence that
140	140	prescribes limited constitutions, to bind down those whom we are
141	141	obliged to trust with power; that our Constitution has accordingly
142	142	fixed the limits to which, and no further, our confidence may go; in
143	143	questions of power, then, let no more be heard of confidence in man,
144	144	but bind him down from mischief by the chains of the Constitution;
145	145	and, be it further
146	146	RESOLVED, That this state therefore call on its co-states for
147	147	an expression of their sentiments on acts not authorized by the
148	148	federal compact; and it doubts not: that their sense will be so
149	149	announced as to prove their attachment unaltered to limited
150	150	government, whether general or particular; that the rights and
151	151	liberties of their co-states will be exposed to no dangers by
152	152	remaining embarked in a common bottom with their own; that they will
153	153	concur with this state in considering acts as so palpably against
154	154	the Constitution as to amount to an undisguised declaration that
155	155	that compact is not meant to be the measure of the powers of the
156	156	general government, but that it will proceed in the exercise over
157	157	these states, of all powers whatsoever; that they will view this as
158	158	seizing the rights of the states, and consolidating them in the
159	159	hands of the general government, with a power assumed to bind the
160	160	states, not merely as in the cases made federal (casus foederis),
161	161	but in all cases whatsoever, by laws made, not with their consent,
162	162	but by others against their consent; that this would be to surrender
163	163	the form of government we have chosen, and live under one deriving
164	164	its powers from its own will, and not from our authority; and that
165	165	the co-states, recurring to their natural right in cases not made
166	166	federal, will concur in declaring these acts void and of no force,
167	167	and that each will take measures of its own for providing that
168	168	neither these acts, nor any others of the general government not
169	169	plainly and intentionally authorized by the Constitution, shall be
170	170	exercised within its territory; and, be it further
171	171	RESOLVED, That the joint committee be authorized to
172	172	communicate by writing or personal conference, at any time or place
173	173	whatever, with any person or persons who may be appointed by any one
174	174	or more co-states to correspond or confer with it, and that it
175	175	submit a complete report of its proceedings to the 82nd Texas
176	176	Legislature when it convenes in January 2011; and, be it further
177	177	RESOLVED, That any act by the Congress of the United States,
178	178	executive order of the president of the United States of America, or
179	179	judicial order by the judicatories of the United States of America
180	180	that assumes a power not delegated to the government of the United
181	181	States of America by the Constitution for the United States of
182	182	America and that serves to diminish the liberty of any of the
183	183	several states will be considered null and void by the State of
184	184	Texas; acts that would make a federal mandate null and void include,
185	185	but are not limited to:
186	186	I. Establishing martial law or a state of emergency within
187	187	one of the states comprising the United States of America without
188	188	the consent of the legislature of that state;
189	189	II. Requiring involuntary servitude, or governmental
190	190	service other than a draft during a declared war, or pursuant to, or
191	191	as an alternative to, incarceration after due process of law;
192	192	III. Requiring involuntary servitude or governmental
193	193	service of persons under the age of 18, other than pursuant to, or
194	194	as an alternative to, incarceration after due process of law;
195	195	IV. Surrendering any power delegated or not delegated to any
196	196	corporation or foreign government;
197	197	V. Any act regarding religion; placing further limitations
198	198	on freedom of political speech or further limitations on freedom of
199	199	the press;
200	200	VI. Further infringing on the right to keep and bear arms,
201	201	including prohibiting type or quantity of arms or ammunition; and,
202	202	be it further
203	203	RESOLVED, That the Texas secretary of state forward official
204	204	copies of this resolution to the president of the United States, to
205	205	the speaker of the house of representatives and the president of the
206	206	senate of the United States Congress, to all the members of the
207	207	Texas delegation to Congress with the request that this resolution
208	208	be officially entered in the Congressional Record as a memorial to
209	209	the Congress of the United States of America, and to the presiding
210	210	officers of each state's legislature.