82R2190 CBE-D
By: Truitt H.C.R. No. 19
CONCURRENT RESOLUTION
WHEREAS, The adoption of the Sixteenth and Seventeenth
Amendments to the United States Constitution in 1913 greatly
expanded the power of the federal government at the expense of the
states, creating a constitutional imbalance; and
WHEREAS, The Sixteenth Amendment gave Congress the power to
impose an income tax, and subsequently, Congress began using its
ability to give and withhold federal funds to exercise undue
influence over the states; and
WHEREAS, Under the original constitution, senators were
selected by state legislatures, and this practice permitted
senators to impose restraints against excesses at the federal
level; the Seventeenth Amendment, however, provided for the direct
election of U.S. senators by the voters of each state, eliminating a
vital check on the federal government; and
WHEREAS, States today have little recourse when the
government in Washington, D.C., overreaches; the only way to
contest a federal law or regulation is to bring a constitutional
challenge in federal court or seek an amendment to the
constitution; and
WHEREAS, Passage of a "Repeal Amendment" would restore
constitutional balance by providing for the repeal of any provision
of law or regulation of the United States when the legislatures of
two-thirds of the several states approve resolutions for the
purpose of demanding such a repeal; a measure that has been repealed
by the states could be reenacted by Congress if a simple majority of
members are convinced that two-thirds of state legislatures have,
in fact, erred in their interpretation of popular sentiment; and
WHEREAS, With the possibility that two-thirds of the states
could act to repeal federal law, Congress would be obliged to take
into consideration any vigorous opposition at the state level
before passing legislation, just as it must consider the
possibility of a presidential veto; in effect, with repeal power,
state legislatures could force Congress to revisit the provisions
of a widely unpopular law; and
WHEREAS, Reflecting confidence in the collective wisdom of
thousands of democratically elected representatives outside the
Beltway, a "Repeal Amendment" would help protect the powers
"reserved to the states" in the Tenth Amendment and provide another
political avenue to citizens seeking to protect the "rights …
retained by the people," as outlined in the Ninth Amendment; now,
therefore, be it
RESOLVED, That the 82nd Legislature of the State of Texas
hereby respectfully memorialize the Congress of the United States
to propose and submit to the states for ratification an amendment to
the United States Constitution providing that any provision of law
or regulation of the United States can be repealed by the several
states, and such repeal shall be effective when the legislatures of
two-thirds of the several states approve resolutions that
particularly describe the same provision or provisions of law or
regulation to be repealed; and, be it further
RESOLVED, That the 82nd Texas Legislature hereby request that
the legislatures of each of the several states that compose the
United States join this state in urging the Congress of the United
States to propose and submit to the states for ratification a
"Repeal Amendment" to the United States Constitution; and, be it
further
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the president of the United States, to
the speaker of the House of Representatives and the president of the
Senate of the United States Congress, and to all members of the
Texas delegation to Congress with the request that this resolution
be officially entered in the Congressional Record as a memorial to
the Congress of the United States of America; and, be it further
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the secretaries of state and to the
presiding officers of the legislatures of the other states as an
expression of the sentiment of the Legislature of the State of
Texas.