| 1 | 1 | | By: Keough H.C.R. No. 31 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | HOUSE CONCURRENT RESOLUTION |
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| 5 | 5 | | WHEREAS, the Tenth Amendment to the Constitution of the |
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| 6 | 6 | | United States reads as follows: "The powers not delegated to the |
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| 7 | 7 | | United States by the Constitution, nor prohibited by it to the |
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| 8 | 8 | | States, are reserved to the States respectively, or to the people"; |
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| 9 | 9 | | and |
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| 10 | 10 | | WHEREAS, the Tenth Amendment defines the total scope of |
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| 11 | 11 | | federal power as being that specifically granted by the |
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| 12 | 12 | | Constitution of the United States and no more; and |
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| 13 | 13 | | WHEREAS, the scope of power defined by the Tenth Amendment |
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| 14 | 14 | | means that the federal government was created by the states |
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| 15 | 15 | | specifically to be an agent of the states; an |
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| 16 | 16 | | WHEREAS, today, in 2015, the states are conversely treated as |
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| 17 | 17 | | agents of the federal government; and |
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| 18 | 18 | | WHEREAS, many federal laws are directly in violation of the |
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| 19 | 19 | | Tenth Amendment to the Constitution of the United States; and |
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| 20 | 20 | | WHEREAS, the Tenth Amendment assures that we, the people of |
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| 21 | 21 | | the United States of America and each sovereign state in the Union |
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| 22 | 22 | | of States, now have, and have always had, rights the federal |
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| 23 | 23 | | government may not usurp; and |
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| 24 | 24 | | WHEREAS, Article IV, section 4, United States Constitution, |
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| 25 | 25 | | says in part, "The United States shall guarantee to every State in |
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| 26 | 26 | | this Union a Republican Form of Government", and the Ninth |
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| 27 | 27 | | Amendment states that "The enumeration in the Constitution, of |
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| 28 | 28 | | certain rights, shall not be construed to deny or disparage others |
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| 29 | 29 | | retained by the people"; and |
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| 30 | 30 | | Whereas, Recent actions taken by the President of the United |
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| 31 | 31 | | States and The United States Congress may further violate the |
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| 32 | 32 | | Constitution of the United States; now, therefore, be it |
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| 33 | 33 | | RESOLVED, That the State of Texas hereby claims sovereignty |
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| 34 | 34 | | under the Tenth Amendment to the Constitution of the United States |
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| 35 | 35 | | over all powers not otherwise enumerated and granted to the federal |
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| 36 | 36 | | government by the Constitution of the United States; and |
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| 37 | 37 | | RESOLVED, That this Resolution serves as notice and demand to |
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| 38 | 38 | | the federal government, as our agent, to cease and desist, |
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| 39 | 39 | | effective immediately, mandates that are beyond the scope of these |
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| 40 | 40 | | Constitutionally delegated powers; and |
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| 41 | 41 | | RESOLVED, That all compulsory federal legislation or |
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| 42 | 42 | | executive action that directs states to comply under threat of |
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| 43 | 43 | | civil or criminal penalties or sanctions or requires states to pass |
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| 44 | 44 | | legislation or lose federal funding be prohibited or repealed; and |
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| 45 | 45 | | RESOLVED, That the Secretary of State of the State of Texas |
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| 46 | 46 | | transmit copies of this resolution to the President of the United |
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| 47 | 47 | | States, the President of the United States Senate, the Speaker of |
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| 48 | 48 | | the United States House of Representatives, the Speaker of the |
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| 49 | 49 | | House and the President of the Senate of each state's legislature |
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| 50 | 50 | | and each Member of Congress from the State of Texas. |
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