1 | 1 | | 85R9258 TYPED |
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2 | 2 | | By: Anchia H.R. No. 220 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | R E S O L U T I O N |
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6 | 6 | | WHEREAS, We respect the rule of law and love of our neighbors; |
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7 | 7 | | and |
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8 | 8 | | WHEREAS, As elected members of the House of Representatives |
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9 | 9 | | of the 85th Legislature of the State of Texas, we have sworn an oath |
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10 | 10 | | to "preserve, protect, and defend the Constitution and laws of the |
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11 | 11 | | United States and of this state"; and |
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12 | 12 | | WHEREAS, The Fifth Amendment of the United States |
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13 | 13 | | Constitution states that no person shall be "deprived of life, |
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14 | 14 | | liberty, or property, without due process of law"; and |
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15 | 15 | | WHEREAS, Article I of the Texas Constitution states that |
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16 | 16 | | "equality under the law shall not be denied or abridged because of |
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17 | 17 | | sex, race, color, creed, or national origin"; and |
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18 | 18 | | WHEREAS, On December 7, 2015, Donald J. Trump, as a candidate |
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19 | 19 | | for the Republican nomination of president of the United States, |
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20 | 20 | | announced his intention "for a total and complete shutdown of |
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21 | 21 | | Muslims entering the United States"; and |
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22 | 22 | | WHEREAS, On January 27, 2017, President Donald J. Trump |
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23 | 23 | | signed an executive order entitled, "Protecting the Nation From |
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24 | 24 | | Foreign Terrorist Entry Into the United States" ("Executive |
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25 | 25 | | Order"), which bars all people, including legal permanent residents |
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26 | 26 | | and authorized visa holders from the countries of Iraq, Syria, |
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27 | 27 | | Iran, Libya, Somalia, Sudan, and Yemen; and |
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28 | 28 | | WHEREAS, The executive order halts the admission of all |
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29 | 29 | | refugees to the United States, including those who have helped |
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30 | 30 | | America and its allies fight against Al-Qaeda and the Islamic |
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31 | 31 | | State; and |
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32 | 32 | | WHEREAS, The United States Supreme Court determined in Church |
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33 | 33 | | of Lukumi Babalu Aye, Inc. v. City of Hialeah, in a majority opinion |
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34 | 34 | | written by Justice Anthony Kennedy and concurred by Justice Antonin |
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35 | 35 | | Scalia, that "official action that targets religious conduct for |
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36 | 36 | | distinctive treatment cannot be shielded by mere compliance with |
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37 | 37 | | the requirement of facial neutrality" and that "the Free Exercise |
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38 | 38 | | Clause protects against governmental hostility which is masked, as |
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39 | 39 | | well as overt"; and |
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40 | 40 | | WHEREAS, President Trump's aforementioned executive order to |
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41 | 41 | | ban travel is, without question or debate, a fulfillment of |
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42 | 42 | | President Trump's intention to shut down the entry of Muslims into |
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43 | 43 | | the United States; now, therefore, be it |
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44 | 44 | | RESOLVED, That the House of Representatives of the 85th Texas |
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45 | 45 | | Legislature hereby condemn President Trump's executive order as an |
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46 | 46 | | open act of discrimination against Muslims, as a constitutional |
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47 | 47 | | violation against legal residents of the United States, and as a |
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48 | 48 | | violation of the due process and equal protection clauses of the |
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49 | 49 | | United States Constitution; and, be it further |
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50 | 50 | | RESOLVED, That an official copy of this resolution be |
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51 | 51 | | prepared and delivered to President Donald J. Trump as a clear and |
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52 | 52 | | unequivocal declaration from the Texas House of Representatives |
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53 | 53 | | that we uphold our sworn oath to protect the Constitution, as well |
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54 | 54 | | as our moral oaths to respect the rule of law and love our |
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55 | 55 | | neighbors. |
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