Texas 2009 - 81st Regular

Texas Senate Bill SCR35 Compare Versions

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

Old	New	Differences
1	1	81R5789 MMS-F
2	2	By: Nichols, Patrick, Dan S.C.R. No. 35
3	3
4	4
5	5	CONCURRENT RESOLUTION
6	6	WHEREAS, The Tenth Amendment to the Constitution of the
7	7	United States reads as follows: "The powers not delegated to the
8	8	United States by the Constitution, nor prohibited by it to the
9	9	States, are reserved to the States respectively, or to the people";
10	10	and
11	11	WHEREAS, The Tenth Amendment defines the total scope of
12	12	federal power as being that specifically granted by the
13	13	Constitution of the United States and no more; and
14	14	WHEREAS, The scope of power defined by the Tenth Amendment
15	15	means that the federal government was created by the states
16	16	specifically to be an agent of the states; and
17	17	WHEREAS, Today, in 2009, the states are demonstrably treated
18	18	as agents of the federal government; and
19	19	WHEREAS, Many federal laws are directly in violation of the
20	20	Tenth Amendment to the Constitution of the United States; and
21	21	WHEREAS, The Tenth Amendment assures that we, the people of
22	22	the United States of America and each sovereign state in the Union
23	23	of States, now have, and have always had, rights the federal
24	24	government may not usurp; and
25	25	WHEREAS, Section 4, Article IV, of the Constitution says,
26	26	"The United States shall guarantee to every State in this Union a
27	27	Republican Form of Government," and the Ninth Amendment states that
28	28	"The enumeration in the Constitution, of certain rights, shall not
29	29	be construed to deny or disparage others retained by the people";
30	30	and
31	31	WHEREAS, The United States Supreme Court has ruled in New
32	32	York v. United States, 112 S. Ct. 2408 (1992), that congress may not
33	33	simply commandeer the legislative and regulatory processes of the
34	34	states; and
35	35	WHEREAS, A number of proposals from previous administrations
36	36	and some now pending from the present administration and from
37	37	congress may further violate the Constitution of the United States;
38	38	now, therefore, be it
39	39	RESOLVED, That the 81st Legislature of the State of Texas
40	40	hereby claim sovereignty under the Tenth Amendment to the
41	41	Constitution of the United States over all powers not otherwise
42	42	enumerated and granted to the federal government by the
43	43	Constitution of the United States; and, be it further
44	44	RESOLVED, That this serve as notice and demand to the federal
45	45	government, as our agent, to cease and desist, effective
46	46	immediately, mandates that are beyond the scope of these
47	47	constitutionally delegated powers; and, be it further
48	48	RESOLVED, That all compulsory federal legislation that
49	49	directs states to comply under threat of civil or criminal
50	50	penalties or sanctions or that requires states to pass legislation
51	51	or lose federal funding be prohibited or repealed; and, be it
52	52	further
53	53	RESOLVED, That the Texas secretary of state forward official
54	54	copies of this resolution to the president of the United States, to
55	55	the speaker of the house of representatives and the president of the
56	56	senate of the United States Congress, and to all the members of the
57	57	Texas delegation to the congress with the request that this
58	58	resolution be officially entered in the Congressional Record as a
59	59	memorial to the Congress of the United States of America.