Texas 2019 - 86th Regular

Texas Senate Bill SCR1 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton, et al. S.C.R. No. 1
	1	+	By: Creighton, Hall S.C.R. No. 1
	2	+	(In the Senate - Filed November 12, 2018; February 7, 2019,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 16, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 2; April 16, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.C.R. No. 1 By: Nelson
2	9
3	10
4	11		SENATE CONCURRENT RESOLUTION
5	12		WHEREAS, Each member of the legislature has sworn a solemn
6	13		oath to defend our United States and Texas Constitutions and takes
7	14		great pride in being a citizen of the United States of America,
8	15		where citizens have the right to petition their government for
9	16		redress of grievances; and
10	17		WHEREAS, Section 1, Article I, Texas Constitution, states
11	18		that "the perpetuity of the Union depend[s] upon the preservation
12	19		of the right of local self-government, unimpaired to all the
13	20		States"; Section 2, Article I, declares, "All political power is
14	21		inherent in the people, and all free governments are founded on
15	22		their authority, and instituted for their benefit. The faith of the
16	23		people of Texas stands pledged to the preservation of a republican
17	24		form of government, and, subject to this limitation only, they have
18	25		at all times the inalienable right to alter, reform or abolish their
19	26		government in such manner as they may think expedient"; and
20	27		WHEREAS, The Tenth Amendment to the Constitution of the
21	28		United States of America reads as follows: "The powers not
22	29		delegated to the United States by the Constitution, nor prohibited
23	30		by it to the States, are reserved to the States respectively, or to
24	31		the people"; and
25	32		WHEREAS, The Tenth Amendment to the Constitution of the
26	33		United States of America defines the total scope of federal power as
27	34		being that specifically granted by the United States Constitution
28	35		and no more; and
29	36		WHEREAS, The Tenth Amendment to the Constitution of the
30	37		United States of America means that the federal government was
31	38		created by the states with powers both limited and enumerated; and
32	39		WHEREAS, Today, in 2019, the states are demonstrably treated
33	40		as agents of the federal government; and
34	41		WHEREAS, Many powers assumed by the federal government as
35	42		well as federal laws and mandates are in direct violation of the
36	43		Tenth Amendment to the Constitution of the United States of
37	44		America; and
38	45		WHEREAS, The Tenth Amendment assures that we, the people of
39	46		the United States of America and each sovereign state in the Union
40	47		of States, have always had rights that the federal government may
41	48		not usurp; and
42	49		WHEREAS, Section 4, Article IV, of the United States
43	50		Constitution says, "The United States shall guarantee to every
44	51		State in this Union a Republican Form of Government," and the Ninth
45	52		Amendment states, "The enumeration in the Constitution, of certain
46	53		rights, shall not be construed to deny or disparage others retained
47	54		by the people"; and
48	55		WHEREAS, The United States Supreme Court has ruled in New
49	56		York v. United States, 505 U.S. 144 (1992), that Congress may not
50	57		simply commandeer the legislative and regulatory processes of the
51	58		states; and
52	59		WHEREAS, A number of proposals from previous
53	60		administrations, as well as from Congress, may further violate the
54	61		Constitution of the United States of America; now, therefore, be it
55	62		RESOLVED, That the 86th Legislature of the State of Texas
56	63		hereby claim sovereignty under the Tenth Amendment to the
57	64		Constitution of the United States of America; and, be it further
58	65		RESOLVED, That this serve as notice and demand that the
59	66		federal government, as our agent, halt and reverse, effective
60	67		immediately, its practice of assuming powers and imposing mandates
61	68		and laws upon the states for purposes not enumerated by the
62	69		Constitution of the United States of America; and, be it further
63	70		RESOLVED, That the State of Texas urge the federal government
64	71		to prohibit and repeal all compulsory federal legislation not
65	72		necessary to ensure rights guaranteed the people under the
66	73		Constitution of the United States that directs states to comply
67	74		under threat of civil or criminal penalties or sanctions or that
68	75		requires states to pass legislation or lose federal funding; and,
69	76		be it further
70	77		RESOLVED, That the Texas secretary of state forward official
71	78		copies of this resolution to the president of the United States, to
72	79		the president of the Senate and the speaker of the House of
73	80		Representatives of the United States Congress, and to all members
74	81		of the Texas delegation to Congress with the request that this
75	82		resolution be officially entered in the Congressional Record as a
76	83		memorial to the Congress of the United States of America.
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