1 | 1 | | 85R2290 KSM-F |
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2 | 2 | | By: Keough H.C.R. No. 26 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | CONCURRENT RESOLUTION |
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6 | 6 | | WHEREAS, The Tenth Amendment to the Constitution of the |
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7 | 7 | | United States of America reads as follows: "The powers not |
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8 | 8 | | delegated to the United States by the Constitution, nor prohibited |
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9 | 9 | | by it to the States, are reserved to the States respectively, or to |
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10 | 10 | | the people"; and |
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11 | 11 | | WHEREAS, The Tenth Amendment defines the total scope of |
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12 | 12 | | federal power as being that specifically granted by the |
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13 | 13 | | Constitution of the United States of America and no more; and |
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14 | 14 | | WHEREAS, The scope of power as defined by the Tenth Amendment |
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15 | 15 | | means that the federal government was created by the states |
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16 | 16 | | specifically to be an agent of the states; and |
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17 | 17 | | WHEREAS, Today, in 2017, the states are conversely treated as |
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18 | 18 | | agents of the federal government, and many federal laws are |
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19 | 19 | | directly in violation of the Tenth Amendment to the Constitution of |
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20 | 20 | | the United States of America; and |
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21 | 21 | | WHEREAS, The Tenth Amendment assures that we, the people of |
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22 | 22 | | the United States of America, and each sovereign state in the Union |
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23 | 23 | | of States, now have, and have always had, rights the federal |
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24 | 24 | | government may not usurp; and |
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25 | 25 | | WHEREAS, Section 4, Article IV, of the United States |
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26 | 26 | | Constitution says, in part, "The United States shall guarantee to |
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27 | 27 | | every State in this Union a Republican Form of Government," and the |
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28 | 28 | | Ninth Amendment states, "The enumeration in the Constitution, of |
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29 | 29 | | certain rights, shall not be construed to deny or disparage others |
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30 | 30 | | retained by the people"; and |
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31 | 31 | | WHEREAS, Actions taken by previous presidents and by Congress |
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32 | 32 | | may further violate the Constitution of the United States of |
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33 | 33 | | America; now, therefore, be it |
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34 | 34 | | RESOLVED, That the 85th Legislature of the State of Texas |
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35 | 35 | | hereby claim sovereignty under the Tenth Amendment to the |
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36 | 36 | | Constitution of the United States of America over all powers not |
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37 | 37 | | otherwise enumerated and granted to the federal government by the |
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38 | 38 | | Constitution of the United States of America; and, be it further |
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39 | 39 | | RESOLVED, That this serve as notice and demand to the federal |
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40 | 40 | | government, as our agent, to cease and desist, effective |
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41 | 41 | | immediately, mandates that are beyond the scope of these |
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42 | 42 | | constitutionally delegated powers; and, be it further |
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43 | 43 | | RESOLVED, That all compulsory federal legislation or |
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44 | 44 | | executive action that directs states to comply under threat of |
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45 | 45 | | civil or criminal penalties or sanctions or that requires states to |
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46 | 46 | | pass legislation or lose federal funding be prohibited or repealed; |
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47 | 47 | | and, be it further |
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48 | 48 | | RESOLVED, That the Texas secretary of state forward official |
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49 | 49 | | copies of this resolution to the president of the United States, to |
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50 | 50 | | the president of the Senate and the speaker of the House of |
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51 | 51 | | Representatives of the United States Congress, and to all members |
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52 | 52 | | of the Texas delegation to Congress with the request that this |
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53 | 53 | | resolution be officially entered in the Congressional Record as a |
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54 | 54 | | memorial to the Congress of the United States of America. |
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