Bill Text: IN HCR0012 | 2010 | Regular Session | Introduced
Bill Title: Urging the stopage of any federal mandates.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2010-01-12 - Referred to Committee on Rules and Legislative Procedures [HCR0012 Detail]
Download: Indiana-2010-HCR0012-Introduced.html
RESOLUTION No. ________
A CONCURRENT RESOLUTION urging all agents of the United States government to cease and desist immediately any and all mandates that are beyond the scope of their constitutionally delegated power.
_______________________, read first time and referred to Committee on
RESOLUTION
A CONCURRENT RESOLUTION urging all agents of the United
States government to cease and desist immediately any and all
mandates that are beyond the scope of their constitutionally delegated
power.
Whereas, The Tenth Amendment to the Constitution of the
United States specifically provides 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 those powers specifically granted to
it 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 specifically to be an agent of the states;
Whereas, In 2009, the states are demonstrably treated as
agents of the federal government;
Whereas, Many federal laws are directly in 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, have now, and have always had,
rights the federal government may not usurp;
Whereas, Article IV, Section 4, of the Constitution of the
United States says, "The United States shall guarantee to
every State in this Union a Republican Form of
Government," and the Ninth Amendment 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 presidential
administrations and some now pending from the present
administration and from Congress may further violate the
Constitution of the United States and infringe upon Indiana's
reserved powers: Therefore,
SECTION 1. That the Indiana General Assembly hereby claims
sovereignty under the Tenth Amendment to the Constitution of the
United States over all powers not otherwise delegated to the federal
government by the Constitution of the United States and demands the
federal government halt and reverse its practice of assuming powers
and of imposing mandates upon the states for purposes not enumerated
by the Constitution of the United States.
SECTION 2. That this resolution serves 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 that 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, and each
member of the Indiana congressional delegation with the request that
this resolution be officially entered in the Congressional Record as a
memorial to the Congress of the United States of America.
