Texas 2009 - 81st Regular

Texas Senate Bill SCR35

Introduced
3/2/09  

Caption

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government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.

Impact

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.

Summary

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.

Contention

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.

Companion Bills

No companion bills found.

Previously Filed As

TX HB262

Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.

TX SB242

Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.

TX HJR35

Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.

TX SJR36

Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.

TX SJR52

Extending the deadline for the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.

TX SCR26

Urging Congress to amend federal law to allow states to provide for the consolidation of federally funded workforce development services with federally funded social safety net services.

TX HCR7

Urging the U.S. Congress to propose and submit to the states for ratification a federal balanced budget amendment to the U.S. Constitution.

TX HCR20

Urging the U.S. Congress to propose and submit to the states for ratification a federal balanced budget amendment to the U.S. Constitution.

TX HCR5

Urging the U.S. Congress to propose and submit to the states for ratification a federal balanced budget amendment to the U.S. Constitution.

TX HJR7

Proposing a constitutional amendment clarifying that a voter must be a United States citizen.

Similar Bills

No similar bills found.