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government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.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
Should SCR39 be adopted, it will serve as a formal assertion of Texas's stance against federal mandates that are viewed as intrusive or overstepping the bounds of federal authority. The resolution demands that the federal government cease any actions that require compliance from the states under threat of penalties or loss of funding. As such, it seeks to roll back compulsory federal legislation that the resolution identifies as unconstitutional. This action is indicative of a broader movement among certain states to reclaim powers and responsibilities that they believe have been unjustly transferred to the federal government over time.
Summary
SCR39 is a Senate Concurrent Resolution that affirms the State of Texas's claim of sovereignty under the Tenth Amendment to the United States Constitution. This resolution holds that the powers not delegated to the federal government by the Constitution are reserved to the states. The sponsors of SCR39 assert that numerous federal actions and proposals encroach upon the rights and responsibilities of state governments, thereby undermining the federalist system established by the nation's Founders. By invoking historical perspectives from figures like Thomas Jefferson and Alexander Hamilton, the resolution emphasizes that the states are not subservient to the federal government but rather coordinate partners within the constitutional system.
Contention
Although SCR39 primarily aims to affirm state sovereignty, it is likely to generate contention regarding its practical implications. Advocates of the resolution argue that it is a necessary measure to protect state rights and uphold the Constitution. However, critics may contend that such actions contribute to a breakdown of a unified national policy on critical issues, such as healthcare, education, and environmental regulations. There is a fear that asserting state sovereignty could lead to inconsistent application of laws and rights across different states, ultimately affecting citizens’ rights and services on a national level.
Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.
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.
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.
Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.
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.
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.
Expressing support for the Texas attorney general to bring an action against a federal agency to assert any claim the attorney general determines is justiciable to prevent the agency from violating federal law.