Texas 2013 - 83rd Regular

Texas House Bill HCR50 Compare Versions

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1	1	83R6688 MGR-F
2	2	By: Creighton, Callegari, King of Taylor, H.C.R. No. 50
3	3	et al.
4	4
5	5
6	6	CONCURRENT RESOLUTION
7	7	WHEREAS, Each member of the legislature has sworn a solemn
8	8	oath to defend our United States and Texas Constitutions and takes
9	9	great pride in being a citizen of the United States of America,
10	10	where citizens have the right to petition their government for
11	11	redress of grievances; and
12	12	WHEREAS, The Tenth Amendment to the Constitution of the
13	13	United States of America reads as follows: "The powers not
14	14	delegated to the United States by the Constitution, nor prohibited
15	15	by it to the States, are reserved to the States respectively, or to
16	16	the people"; and
17	17	WHEREAS, The Tenth Amendment to the Constitution of the
18	18	United States of America defines the total scope of federal power as
19	19	being that specifically granted by the Constitution of the United
20	20	States of America and no more; and
21	21	WHEREAS, The Tenth Amendment to the Constitution of the
22	22	United States of America means that the federal government was
23	23	created by the states specifically to be an agent of the states with
24	24	powers both limited and enumerated; and
25	25	WHEREAS, Today, in 2013, the states are demonstrably treated
26	26	as agents of the federal government; and
27	27	WHEREAS, Many powers assumed by the federal government as
28	28	well as federal laws and mandates are in direct violation of the
29	29	Tenth Amendment to the Constitution of the United States of
30	30	America; and
31	31	WHEREAS, The Tenth Amendment assures that we, the people of
32	32	the United States of America and each sovereign state in the Union
33	33	of States, have always had rights that the federal government may
34	34	not usurp; and
35	35	WHEREAS, Section 4, Article IV, of the constitution says,
36	36	"The United States shall guarantee to every State in this Union a
37	37	Republican Form of Government," and the Ninth Amendment states,
38	38	"The enumeration in the Constitution, of certain rights, shall not
39	39	be construed to deny or disparage others retained by the people";
40	40	and
41	41	WHEREAS, The United States Supreme Court has ruled in
42	42	New York v. United States, 505 U.S. 144 (1992), that Congress may
43	43	not simply commandeer the legislative and regulatory processes of
44	44	the states; and
45	45	WHEREAS, A number of proposals from previous administrations
46	46	and some pending with the present administration, as well as from
47	47	Congress, may further violate the Constitution of the United States
48	48	of America; now, therefore, be it
49	49	RESOLVED, That the 83rd Legislature of the State of Texas
50	50	hereby claim sovereignty under the Tenth Amendment to the
51	51	Constitution of the United States of America over all powers not
52	52	otherwise enumerated and granted to the federal government by the
53	53	Constitution of the United States of America; and, be it further
54	54	RESOLVED, That this serve as notice and demand that the
55	55	federal government, as our agent, halt and reverse, effective
56	56	immediately, its practice of assuming powers and imposing mandates
57	57	and laws upon the states for purposes not enumerated by the
58	58	Constitution of the United States of America; and, be it further
59	59	RESOLVED, That all compulsory federal legislation not
60	60	necessary to ensure rights guaranteed the people under the
61	61	Constitution of the United States that directs states to comply
62	62	under threat of civil or criminal penalties or sanctions or that
63	63	requires states to pass legislation or lose federal funding be
64	64	prohibited and repealed; and, be it further
65	65	RESOLVED, That the Texas secretary of state forward official
66	66	copies of this resolution to the president of the United States, to
67	67	the president of the Senate and the speaker of the House of
68	68	Representatives of the United States Congress, and to all members
69	69	of the Texas delegation to Congress with the request that this
70	70	resolution be officially entered in the Congressional Record as a
71	71	memorial to the Congress of the United States of America.