Bill Text: IN HCR0028 | 2010 | Regular Session | Introduced
Bill Title: Claiming sovereignty under the US Constitution over certain powers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (N/A - Dead) 2010-01-28 - Referred to Committee on Rules and Legislative Procedures [HCR0028 Detail]
Download: Indiana-2010-HCR0028-Introduced.html
RESOLUTION No. ________
A CONCURRENT RESOLUTION claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers, serving notice to the federal government to cease and desist certain mandates, and providing that certain federal legislation be prohibited or repealed.
_______________________, read first time and referred to Committee on
RESOLUTION
A CONCURRENT RESOLUTION claiming sovereignty under the
Tenth Amendment to the Constitution of the United States over certain
powers, serving notice to the federal government to cease and desist
certain mandates, and providing that certain federal legislation be
prohibited or repealed.
Whereas, The Tenth Amendment to the Constitution of the
United States proclaims that "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";
Whereas, The Tenth Amendment defines the total scope of
federal power as being that specifically granted by the
Constitution of the United States and no more;
Whereas, The scope of power defined by the Tenth
Amendment means that the federal government was created
by the states for the specific purpose of being an agent of the
states;
Whereas, Today, in 2010, the states are demonstrably
treated as agents of the federal government;
Whereas, Many federal laws are in direct violation of the
Tenth Amendment to the Constitution of the United States;
Whereas, The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp;
Whereas, Article IV, Section 4 of the Constitution of the United States states that "The United States shall guarantee to every State in this Union a Republican Form of Government", and the Ninth Amendment to the Constitution of the United States states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people";
Whereas, The United States 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 proposals from previous
administrations and some now pending from the present
administration and from Congress may further violate the
Constitution of the United States: Therefore,
SECTION 1. That the State of Indiana 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 Constitution of the United States.
SECTION 2. That this resolution 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 these
constitutionally delegated powers.
SECTION 3. That all compulsory federal legislation that directs
states to comply under threat of civil or criminal penalties or sanctions
or requires states to pass legislation or lose federal funding be
prohibited or repealed.
SECTION 4. That the Principal Clerk of the House of
Representatives transmit a copy of this resolution to the President of
the United States, the President of the United States Senate, the
Speaker of the United States House of Representatives, the Speaker of
the House and the President of the Senate of each state's legislature,
and each member of the Indiana Congressional delegation.
