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CONCURRENT RESOLUTION
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WHEREAS, The Tenth Amendment to the Constitution of the |
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United States reads as follows: "The powers not delegated to the |
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United States by the Constitution, nor prohibited by it to the |
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States, are reserved to the States respectively, or to the people"; |
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and |
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WHEREAS, The Tenth Amendment defines the total scope of |
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federal power as being that specifically granted by the |
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Constitution of the United States and no more; and |
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WHEREAS, The Tenth Amendment assures that we, the people of |
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the United States of America and each sovereign state in the Union |
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of States, now have, and have always had, rights the federal |
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government may not usurp; and |
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WHEREAS, Section 4, Article IV, of the constitution says, |
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"The United States shall guarantee to every State in this Union a |
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Republican Form of Government," and the Ninth Amendment states that |
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"The enumeration in the Constitution, of certain rights, shall not |
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be construed to deny or disparage others retained by the people"; |
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and |
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WHEREAS, The United States Supreme Court has ruled in New |
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York v. United States, 505 U.S. 144 (1992), and Printz v. United |
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States, 521 U.S. 898 (1997), that Congress may not simply |
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commandeer the legislative, executive, and regulatory processes of |
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the states, and that to do so is a violation of the Tenth Amendment; |
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and |
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WHEREAS, One of our nation's founders and author of the |
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Declaration of Independence, Thomas Jefferson, emphasized that the |
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states are not "subordinate" to the national government, but rather |
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the two are "coordinate departments of one simple and integral |
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whole"; and |
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WHEREAS, One of the authors of the Federalist Papers, |
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Alexander Hamilton, expressed his hope that "the people will always |
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take care to preserve the constitutional equilibrium between the |
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general and the state governments" and that "this balance between |
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the national and state governments forms a double security to the |
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people"; and |
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WHEREAS, The Second Amendment to the United States |
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Constitution reserves to the people the right to keep and bear arms; |
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and |
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WHEREAS, Recently, the president announced a sweeping array |
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of gun control measures that would infringe on the Second Amendment |
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rights of citizens; members of Congress have also proposed |
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draconian gun control legislation, including the restoration of a |
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ban on "assault weapons," which is a term that remains undefined; |
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and |
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WHEREAS, Such encroachments by the federal government may |
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result in a commandeering of the states' legislative, executive, |
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and regulatory processes; they undermine the spirit of the |
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federalist system created by our nation's founders and are in |
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violation of the Tenth Amendment to the Constitution of the United |
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States; now, therefore, be it |
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RESOLVED, That the 83rd Legislature of the State of Texas |
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hereby assert its sovereignty under the Tenth Amendment to the |
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Constitution of the United States and beseech the federal |
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government to immediately cease and desist from the promulgation of |
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mandates that infringe on the Second Amendment right to keep and |
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bear arms or that are otherwise beyond the scope of its |
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constitutionally delegated powers; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and the speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be officially entered in the Congressional Record |
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as a memorial to the Congress of the United States of America. |