Bill Text: IA HCR105 | 2015-2016 | 86th General Assembly | Introduced

Iowa House Concurrent Resolution 105 (Prior Session Legislation)

Introduced

Bill Title: A concurrent resolution claiming state sovereignty under the Tenth Amendment to the Constitution of the United States over certain mandates imposed on the states by the federal government.

Spectrum: Partisan Bill (Republican 27-0)

Status: (Introduced - Dead) 2016-04-25 - Resolution filed, laid over under Rule 25. H.J. 752. [HCR105 Detail]

Download: Iowa-2015-HCR105-Introduced.html

House Concurrent Resolution 105 - Introduced

PAG LIN




               HOUSE CONCURRENT RESOLUTION NO.    
            BY  WILLS, GUSTAFSON, SALMON, HEARTSILL, FRY,
         KAUFMANN, FISHER, R. TAYLOR, WATTS, HOLT, GRASSLEY,
          BEST, PAUSTIAN, KLEIN, T. MOORE, HEIN, BRANHAGEN,
           KOESTER, HUSEMAN, HOLZ, DEYOE, WORTHAN, BYRNES,
              BAUDLER, MAXWELL, STANERSON, and KOOIKER
  1  1 A Concurrent Resolution claiming state sovereignty
  1  2    under the Tenth Amendment to the Constitution of the
  1  3    United States over certain mandates imposed on the
  1  4    states by the federal government.
  1  5    WHEREAS, the Tenth Amendment to the Constitution of
  1  6 the United States reads as follows:  "The powers not
  1  7 delegated to the United States by the Constitution, nor
  1  8 prohibited by it to the States, are reserved to the
  1  9 States respectively, or to the people."; and
  1 10    WHEREAS, the Tenth Amendment defines the total scope
  1 11 of federal power as being that specifically granted by
  1 12 the Constitution of the United States and no more; and
  1 13    WHEREAS, the United States Supreme Court has ruled
  1 14 that Congress may not simply commandeer the legislative
  1 15 and regulatory processes of the states; and
  1 16    WHEREAS, the scope of power defined by the Tenth
  1 17 Amendment means that the federal government was created
  1 18 by the states specifically to be an agent of the
  1 19 states; and
  1 20    WHEREAS, today, the states are demonstrably treated
  1 21 as agents of the federal government; and
  1 22    WHEREAS, many federal mandates are directly in
  1 23 violation of the Tenth Amendment to the Constitution of
  1 24 the United States; NOW THEREFORE,
  2  1 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
  2  2 THE SENATE CONCURRING, That the State of Iowa hereby
  2  3 claims sovereignty under the Tenth Amendment to
  2  4 the Constitution of the United States over all
  2  5 powers not otherwise enumerated and granted to the
  2  6 federal government by the Constitution of the United
  2  7 States; and
  2  8    BE IT FURTHER RESOLVED, That the Iowa General
  2  9 Assembly demands that the federal government, as
  2 10 its agent, cease and desist, effective immediately,
  2 11 enacting federal mandates that are beyond the scope of
  2 12 these constitutionally delegated powers; and
  2 13    BE IT FURTHER RESOLVED, That a copy of this
  2 14 resolution be distributed to the President of the
  2 15 United States, the President of the United States
  2 16 Senate, the Speaker of the United States House
  2 17 of Representatives, and each member of Iowa's
  2 18 congressional delegation.
       LSB 5182YH (3) 86
       aw/rj