Bill Text: GA HR280 | 2009-2010 | Regular Session | Introduced
Bill Title: Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2009-02-17 - House Second Readers [HR280 Detail]
Download: Georgia-2009-HR280-Introduced.html
09 LC 38
0804
House
Resolution 280
By:
Representatives Scott of the
2nd,
Benton of the
31st,
Jerguson of the
22nd,
England of the
108th,
Allison of the
8th,
and others
A
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 for other purposes.
WHEREAS,
the Tenth Amendment to the Constitution of the United States reads as follows:
"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 Constitution of the United States and no more;
and
WHEREAS,
the scope of power defined by the Tenth Amendment means that the federal
government was created by the states specifically to be an agent of the states;
and
WHEREAS,
today, in 2009, the states are demonstrably treated as agents of 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 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.
NOW,
THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY: that the State of
Georgia 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.
BE
IT FURTHER RESOLVED that this 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.
BE
IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized
and directed to transmit an appropriate 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 of the United States of
America, and each member of the Georgia Congressional Delegation.
