1 | 1 | | 85R107 EEY-D |
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2 | 2 | | By: Bell H.C.R. No. 29 |
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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 United States |
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7 | 7 | | Constitution guarantees that "powers not delegated to the United |
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8 | 8 | | States by the Constitution, nor prohibited by it to the states, are |
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9 | 9 | | reserved to the states respectively, or to the people"; and |
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10 | 10 | | WHEREAS, The amendment, found within the Bill of Rights, |
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11 | 11 | | defines the balance of power between the federal government and the |
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12 | 12 | | states, authorizing the federal government to exercise only those |
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13 | 13 | | functions delegated to it within the Constitution; and |
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14 | 14 | | WHEREAS, In recent years, the federal government has |
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15 | 15 | | increasingly relied on presidential executive orders to dictate |
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16 | 16 | | policy while bypassing the demand for congressional consent; such |
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17 | 17 | | unilateral edicts not only circumvent the legislative process and |
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18 | 18 | | subvert our system of representative democracy, but also undermine |
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19 | 19 | | the constitutionally protected doctrine of states' rights; and |
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20 | 20 | | WHEREAS, The Texas Constitution affirms that Texas is a free |
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21 | 21 | | and independent state subject only to the supremacy of the U.S. |
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22 | 22 | | Constitution, and accordingly, neither the State of Texas nor its |
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23 | 23 | | people are bound by laws enacted outside the scope of authorized |
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24 | 24 | | executive power; now, therefore, be it |
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25 | 25 | | RESOLVED, That the 85th Legislature of the State of Texas |
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26 | 26 | | hereby declare that presidential executive orders have no state |
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27 | 27 | | constitutional authority and cannot interfere with states' rights; |
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28 | 28 | | and, be it further |
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29 | 29 | | RESOLVED, That the 85th Texas Legislature hereby declare that |
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30 | 30 | | presidential executive orders are not state government mandates and |
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31 | 31 | | therefore should not and will not be treated as such by state |
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32 | 32 | | agencies; moreover, executive orders are not mandates that may |
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33 | 33 | | regulate the behavior or abrogate the rights and freedoms enjoyed |
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34 | 34 | | by Texas citizens; and, be it further |
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35 | 35 | | RESOLVED, That the Texas secretary of state forward copies of |
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36 | 36 | | this resolution to the governor of the State of Texas, to the chairs |
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37 | 37 | | of all state regulatory boards, and to the executive directors of |
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38 | 38 | | all state executive agencies; and, be it further |
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39 | 39 | | RESOLVED, That the Texas secretary of state forward official |
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40 | 40 | | copies of this resolution to the president of the United States, to |
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41 | 41 | | the president of the Senate and the speaker of the House of |
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42 | 42 | | Representatives of the United States Congress, and to all the |
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43 | 43 | | members of the Texas delegation to Congress with the request that |
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44 | 44 | | this resolution be officially entered in the Congressional Record |
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45 | 45 | | as a memorial to the Congress of the United States of America. |
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