85R2290 KSM-F
By: Keough H.C.R. No. 26
CONCURRENT RESOLUTION
WHEREAS, The Tenth Amendment to the Constitution of the
United States of America reads as follows: "The powers not
delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to
the people"; and
WHEREAS, The Tenth Amendment defines the total scope of
federal power as being that specifically granted by the
Constitution of the United States of America and no more; and
WHEREAS, The scope of power as defined by the Tenth Amendment
means that the federal government was created by the states
specifically to be an agent of the states; and
WHEREAS, Today, in 2017, the states are conversely treated as
agents of the federal government, and many federal laws are
directly in violation of the Tenth Amendment to the Constitution of
the United States of America; and
WHEREAS, The Tenth Amendment assures that we, the people of
the United States of America, and each sovereign state in the Union
of States, now have, and have always had, rights the federal
government may not usurp; and
WHEREAS, Section 4, Article IV, of the United States
Constitution says, in part, "The United States shall guarantee to
every State in this Union a Republican Form of Government," and the
Ninth Amendment states, "The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others
retained by the people"; and
WHEREAS, Actions taken by previous presidents and by Congress
may further violate the Constitution of the United States of
America; now, therefore, be it
RESOLVED, That the 85th Legislature of the State of Texas
hereby claim sovereignty under the Tenth Amendment to the
Constitution of the United States of America over all powers not
otherwise enumerated and granted to the federal government by the
Constitution of the United States of America; and, be it further
RESOLVED, That this serve as notice and demand to the federal
government, as our agent, to cease and desist, effective
immediately, mandates that are beyond the scope of these
constitutionally delegated powers; and, be it further
RESOLVED, That all compulsory federal legislation or
executive action that directs states to comply under threat of
civil or criminal penalties or sanctions or that requires states to
pass legislation or lose federal funding be prohibited or repealed;
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 president of the Senate and the speaker of the House of
Representatives of the United States Congress, and to all members
of the Texas delegation to Congress with the request that this
resolution be officially entered in the Congressional Record as a
memorial to the Congress of the United States of America.