Bill Text: MS HC73 | 2010 | Regular Session | Introduced
Bill Title: A resolution affirming the sovereignty of the people of the State of Mississippi.
Spectrum: Strong Partisan Bill (Republican 46-4)
Status: (Failed) 2010-04-28 - Died In Committee [HC73 Detail]
Download: Mississippi-2010-HC73-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Rules
By: Representatives Palazzo, Mims, Horne, Upshaw, Gunn, Akins, Aldridge, Baker (74th), Baker (8th), Barker, Beckett, Bennett, Bondurant, Byrd, Campbell, Carpenter, Chism, Currie, DeLano, Denny, Ellington, Fillingane, Formby, Frierson, Gipson, Guice, Hamilton (109th), Hamilton (6th), Howell, Huddleston (15th), Ishee, Jennings, Martinson, Mayhall, McGee, Monsour, Moore, Morgan, Nicholson, Nowell, Pigott, Read, Rogers (61st), Smith (39th), Snowden, Staples, Stevens, Turner, Weathersby, Zuber
House Concurrent Resolution 73
A CONCURRENT RESOLUTION AFFIRMING THE SOVEREIGNTY OF THE PEOPLE OF THE STATE OF MISSISSIPPI 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.
WHEREAS, in the American system of democracy, sovereignty is defined as final authority, and the people, not government, are sovereign; and
WHEREAS, the people of the State of Mississippi are not united with the people of the other 49 states that comprise the United States of America on a principle of unlimited submission to their federal government; and
WHEREAS, all power not delegated by the people to government is retained by the people; and
WHEREAS, the people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes only; and
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 which has been delegated by the people to the federal government in the Constitution of the United States, and also that which is necessary and proper to advancing those enumerated powers, with the remainder thereof being left to state governments or the people themselves; and
WHEREAS, powers, too numerous to list for the purposes of this resolution, have been exercised, past and present, by federal administrations, under the leadership of both Democrats and Republicans, which infringe on the sovereignty of the people of this state, and may further violate the Constitution of the United States; and
WHEREAS, when powers are assumed by the federal government which have not been delegated to it by the people, a nullification of the act is the rightful remedy, and without this remedy, the people of this state would be under the dominion, absolute and unlimited, of whoever might exercise this right of judgment for them:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That we do hereby affirm the sovereignty of the people of the State of Mississippi 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.
BE IT FURTHER RESOLVED, That this resolution shall serve as a notice and demand to the federal government to cease and desist any and all activities that are outside the scope of their constitutionally delegated powers.
BE IT FURTHER RESOLVED, That a joint conference committee shall be established by this Legislature to accomplish the following:
1. Recommend and propose legislation which would have the effect of nullifying specific federal laws and regulations which are outside the scope of the powers delegated by the people to the federal government in the Constitution;
2. Communicate the preceding resolutions to the legislatures of each of the other 49 states that comprise the United States of America;
3. Assure those states that the State of Mississippi continues in the same esteem of their friendship as currently exists; and
4. Assure those states that the State of Mississippi considers union, for specified national purposes, and particularly those enumerated in the Constitution of the United States, to be friendly to the peace, happiness and prosperity of all the states.
BE IT FURTHER RESOLVED, That copies of this resolution be furnished to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, each member of the Mississippi Congressional Delegation and to the members of the Capitol Press Corps.
