82R2193 KYF-D
By: Creighton H.J.R. No. 50
A JOINT RESOLUTION
applying to Congress to call a convention to propose an amendment to
the United States Constitution to permit the repeal of federal law
by two-thirds of the legislatures of the several states.
WHEREAS, Article I, Section 1, of the United States
Constitution provides that all legislative powers granted to the
federal government are vested in the United States Congress; and
WHEREAS, Congress has exceeded the legislative powers
granted to it in the United States Constitution, thereby
encroaching both on the powers that the Tenth Amendment provides
are reserved to the states or the people and on the unenumerated
rights that the Ninth Amendment affirms are retained by the people;
and
WHEREAS, This encroachment includes the accumulation of a
federal debt that, combined with interest, constitutes a future tax
and is of such magnitude that responsibility for its payment will be
passed to future, unborn generations of Americans without their
consent; and
WHEREAS, This encroachment also includes compelling state
and local governments to comply with federal laws and regulations
without providing funding equal to the cost of those mandates; and
WHEREAS, In Federalist Number 85, Alexander Hamilton wrote in
reference to Article V of the United States Constitution: "We may
safely rely on the disposition of the State legislatures to erect
barriers against the encroachments of the national authority"; and
WHEREAS, The United States Constitution should be amended in
order to halt federal encroachment, to restore a proper balance
between the powers of Congress and those of the several states, and
to prevent the denial or disparagement of the rights retained by the
people; and
WHEREAS, The United States Constitution contains no
provision giving the several states the power to repeal federal
laws that encroach on the powers and rights retained by the states
and the people; and
WHEREAS, Article V of the United States Constitution provides
that on application of the legislatures of two-thirds of the
several states Congress shall call a convention for proposing
amendments to the constitution; now, therefore, be it
RESOLVED, That the 82nd Texas Legislature apply to Congress
to call a convention under Article V of the United States
Constitution for the exclusive purpose of proposing an amendment to
the constitution permitting the repeal of a federal law or
regulation by vote of two-thirds of the legislatures of the several
states; and, be it further
RESOLVED, That this state's delegation to the convention
shall propose the following amendment: "A law or regulation of the
United States may be repealed by the several states. Repeal is
effective when the legislatures of two-thirds of the several states
approve resolutions that specifically name the law or regulation to
be repealed"; and, be it further
RESOLVED, That delegates to the convention be selected
according to procedures established by the legislatures of their
respective states; and, be it further
RESOLVED, That, unless rescinded by a succeeding Texas
Legislature, this application by the 82nd Texas Legislature
constitutes a continuing application in accordance with Article V
of the United States Constitution until at least two-thirds of the
legislatures of the several states have applied to Congress to call
a convention to propose an amendment to the constitution to permit
the repeal of federal law by vote of two-thirds of the legislatures
of the several states; 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 Congress of the United States, and to all members of
the Texas delegation to Congress with the request that this
resolution be officially entered in the Congressional Record as an
application to Congress for a convention to propose an amendment to
the United States Constitution to permit repeal of federal law by
vote of two-thirds of the legislatures of the several states.