Texas 2017 - 85th Regular

Texas House Bill HCR26 Compare Versions

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11 85R2290 KSM-F
22 By: Keough H.C.R. No. 26
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55 CONCURRENT RESOLUTION
66 WHEREAS, The Tenth Amendment to the Constitution of the
77 United States of America reads as follows: "The powers not
88 delegated to the United States by the Constitution, nor prohibited
99 by it to the States, are reserved to the States respectively, or to
1010 the people"; and
1111 WHEREAS, The Tenth Amendment defines the total scope of
1212 federal power as being that specifically granted by the
1313 Constitution of the United States of America and no more; and
1414 WHEREAS, The scope of power as defined by the Tenth Amendment
1515 means that the federal government was created by the states
1616 specifically to be an agent of the states; and
1717 WHEREAS, Today, in 2017, the states are conversely treated as
1818 agents of the federal government, and many federal laws are
1919 directly in violation of the Tenth Amendment to the Constitution of
2020 the United States of America; and
2121 WHEREAS, The Tenth Amendment assures that we, the people of
2222 the United States of America, and each sovereign state in the Union
2323 of States, now have, and have always had, rights the federal
2424 government may not usurp; and
2525 WHEREAS, Section 4, Article IV, of the United States
2626 Constitution says, in part, "The United States shall guarantee to
2727 every State in this Union a Republican Form of Government," and the
2828 Ninth Amendment states, "The enumeration in the Constitution, of
2929 certain rights, shall not be construed to deny or disparage others
3030 retained by the people"; and
3131 WHEREAS, Actions taken by previous presidents and by Congress
3232 may further violate the Constitution of the United States of
3333 America; now, therefore, be it
3434 RESOLVED, That the 85th Legislature of the State of Texas
3535 hereby claim sovereignty under the Tenth Amendment to the
3636 Constitution of the United States of America over all powers not
3737 otherwise enumerated and granted to the federal government by the
3838 Constitution of the United States of America; and, be it further
3939 RESOLVED, That this serve as notice and demand to the federal
4040 government, as our agent, to cease and desist, effective
4141 immediately, mandates that are beyond the scope of these
4242 constitutionally delegated powers; and, be it further
4343 RESOLVED, That all compulsory federal legislation or
4444 executive action that directs states to comply under threat of
4545 civil or criminal penalties or sanctions or that requires states to
4646 pass legislation or lose federal funding be prohibited or repealed;
4747 and, be it further
4848 RESOLVED, That the Texas secretary of state forward official
4949 copies of this resolution to the president of the United States, to
5050 the president of the Senate and the speaker of the House of
5151 Representatives of the United States Congress, and to all members
5252 of the Texas delegation to Congress with the request that this
5353 resolution be officially entered in the Congressional Record as a
5454 memorial to the Congress of the United States of America.