Texas 2021 - 87th Regular

Texas House Bill HCR14 Compare Versions

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11 87R2673 CW-D
22 By: King of Parker H.C.R. No. 14
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55 CONCURRENT RESOLUTION
66 WHEREAS, Each member of the legislature has sworn a solemn
77 oath to defend our United States and Texas Constitutions and takes
88 great pride in being a citizen of the United States of America,
99 where citizens have the right to petition their government for
1010 redress of grievances; and
1111 WHEREAS, Section 1, Article I, Texas Constitution, states
1212 that "the perpetuity of the Union depend[s] upon the preservation
1313 of the right of local self-government, unimpaired to all the
1414 States"; Section 2, Article I, declares, "All political power is
1515 inherent in the people, and all free governments are founded on
1616 their authority, and instituted for their benefit. The faith of the
1717 people of Texas stands pledged to the preservation of a republican
1818 form of government, and, subject to this limitation only, they have
1919 at all times the inalienable right to alter, reform or abolish their
2020 government in such manner as they may think expedient"; and
2121 WHEREAS, The Tenth Amendment to the Constitution of the
2222 United States of America reads as follows: "The powers not
2323 delegated to the United States by the Constitution, nor prohibited
2424 by it to the States, are reserved to the States respectively, or to
2525 the people"; and
2626 WHEREAS, The Tenth Amendment to the Constitution of the
2727 United States of America defines the total scope of federal power as
2828 being that specifically granted by the U.S. Constitution and no
2929 more; and
3030 WHEREAS, The Tenth Amendment to the Constitution of the
3131 United States of America means that the federal government was
3232 created by the states specifically to be an agent of the states with
3333 powers both limited and enumerated; and
3434 WHEREAS, Today, in 2021, the states are demonstrably treated
3535 as agents of the federal government; and
3636 WHEREAS, Many powers assumed by the federal government as
3737 well as federal laws and mandates are in direct violation of the
3838 Tenth Amendment to the Constitution of the United States of
3939 America; and
4040 WHEREAS, The Tenth Amendment assures that we, the people of
4141 the United States of America and each sovereign state in the Union
4242 of States, have always had rights that the federal government may
4343 not usurp; and
4444 WHEREAS, Section 4, Article IV, of the United States
4545 Constitution says, "The United States shall guarantee to every
4646 State in this Union a Republican Form of Government," and the Ninth
4747 Amendment states, "The enumeration in the Constitution, of certain
4848 rights, shall not be construed to deny or disparage others retained
4949 by the people"; and
5050 WHEREAS, The United States Supreme Court has ruled in New
5151 York v. United States, 505 U.S. 144 (1992), that Congress may not
5252 simply commandeer the legislative and regulatory processes of the
5353 states; and
5454 WHEREAS, A number of proposals from previous
5555 administrations, as well as from Congress, may further violate the
5656 Constitution of the United States of America; now, therefore, be it
5757 RESOLVED, That the 87th Legislature of the State of Texas
5858 hereby claim sovereignty under the Tenth Amendment to the
5959 Constitution of the United States of America over all powers not
6060 otherwise enumerated and granted to the federal government by the
6161 Constitution of the United States of America; and, be it further
6262 RESOLVED, That this serve as notice and demand that the
6363 federal government, as our agent, halt and reverse, effective
6464 immediately, its practice of assuming powers and imposing mandates
6565 and laws upon the states for purposes not enumerated by the
6666 Constitution of the United States of America; and, be it further
6767 RESOLVED, That all compulsory federal legislation not
6868 necessary to ensure rights guaranteed the people under the
6969 Constitution of the United States that directs states to comply
7070 under threat of civil or criminal penalties or sanctions or that
7171 requires states to pass legislation or lose federal funding be
7272 prohibited and repealed; and, be it further
7373 RESOLVED, That the Texas secretary of state forward official
7474 copies of this resolution to the president of the United States, to
7575 the president of the Senate and the speaker of the House of
7676 Representatives of the United States Congress, and to all members
7777 of the Texas delegation to Congress with the request that this
7878 resolution be officially entered in the Congressional Record as a
7979 memorial to the Congress of the United States of America.