Affirming that the State of Texas claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution, serving notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.
If this resolution is adopted, it would not have the force of law but would serve as a declaration of the Texas Legislature's stance regarding federal authority. It could potentially influence future legislative discussions and conflicts between state and federal governments, affecting how Texas approaches compliance with federal regulations and laws. The resolution demands that the federal government cease mandates that exceed constitutional boundaries deemed applicable to states, which could lead to increased legal challenges regarding federal laws in Texas.
SCR35 is a concurrent resolution introduced by the Texas Legislature asserting the state's sovereignty under the Tenth Amendment of the U.S. Constitution. The resolution emphasizes that powers not specifically delegated to the federal government are reserved for the states and the people. It references historical instances where federal overreach is alleged to have occurred, arguing that states have increasingly been treated as subordinate to federal authority, contrary to the original intent of the Constitution.
Notably, SCR35 expresses concern over various federal legislations perceived as unconstitutional, asserting that they compel state actions or impose penalties for non-compliance. This call for state sovereignty may ignite debates among lawmakers regarding the balance of powers between state and federal governments. Proponents of the resolution argue that it protects states' rights and promotes self-governance, while opponents may view it as a potential threat to federal authority and national unity, particularly in areas concerning public health and safety.