10th Amendment Resolution

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SilentE via Drudge: Texas Governor Rick Perry backing a resolution affirming states’ rights.

AUSTIN – Gov. Rick Perry joined state Rep. Brandon Creighton and sponsors of House Concurrent Resolution (HCR) 50 in support of states’ rights under the 10th Amendment to the U.S. Constitution.

“I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Gov. Perry said. “That is why I am here today to express my unwavering support for efforts all across our country to reaffirm the states’ rights affirmed by the Tenth Amendment to the U.S. Constitution. I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union.”

Perry continued: “Millions of Texans are tired of Washington, DC trying to come down here to tell us how to run Texas.”

As a resident of Wisconsin I’m sick of Washington trying to tell Wisconsin how Wisconsin should be run. Glad to see that there are legislators in Wisconsin getting on board with reaffirming states’ rights.

On April 9, 2009, Wisconsin State Senators Leibham, Lazich, Darling, Grothman, Harsdorf and Schultz introduced Senate Resolution 6 (SR6) to claim “sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the U.S.Constitution”

Here’s the text of the resolution:

Whereas, the Tenth Amendment to the Constitution of the United States reads, “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 U.S. Constitution and no more; and

Whereas, as the scope of power is defined by the Tenth Amendment, the federal government was created by the states specifically to be an agent of the states; and

Whereas, today the states are demonstrably treated as agents of the federal government; and

Whereas, the legislature has forwarded to the federal government numerous resolutions opposing federal encroachment on state powers but has received no response or result from Congress or the federal government; and

Whereas, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

Whereas, the U.S. Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992) that Congress may not simply commandeer the legislative and regulatory processes of the states; and

Whereas, a number of federal proposals from previous administrations and some now pending from the present administration and from Congress may further violate the U.S. Constitution; now, therefore, be it

Resolved by the senate, That the senate hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the U.S.Constitution; and, be it further

Resolved, That adoption of this resolution does not constitute an application for the calling of a federal Constitutional Convention within the meaning of Article V of the U.S. Constitution; and, be it further

Resolved, That this resolution shall 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 its constitutionally delegated powers; and, be it further

Resolved, That the senate chief clerk shall provide copies of this joint resolution to the president of the United States, to the speaker of the U.S. House of Representatives, to the presiding officer of each house of each state legislature of the United States, and to each member of this state’s congressional delegation.

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