Bill Text: NJ ACR13 | 2018-2019 | Regular Session | Introduced
Bill Title: Claims sovereignty under Tenth Amendment to United States Constitution over all powers not otherwise enumerated and granted by Constitution to federal government.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [ACR13 Detail]
Download: New_Jersey-2018-ACR13-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 13
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Assemblyman HAROLD J. WIRTHS
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblymen Carroll, DiMaio, Assemblywoman N.Munoz and Assemblyman A.M.Bucco
SYNOPSIS
Claims sovereignty under Tenth Amendment to United States Constitution over all powers not otherwise enumerated and granted by Constitution to federal government.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
A Concurrent Resolution claiming sovereignty under the Tenth Amendment to the United States Constitution over all powers not otherwise enumerated and granted by the Constitution to the federal government.
Whereas, Federalism is the constitutional division of powers between the national and state governments; and
Whereas, Thomas Jefferson called for "the support of the State governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies;" 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 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, 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, 505 U.S. 144 (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 General Assembly of the State of New Jersey (the Senate concurring):
1. The State of New Jersey 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. 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.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President and Vice President of the United States, the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives and to every member of Congress elected from this State.
STATEMENT
This concurrent resolution recognizes that the Tenth Amendment to the Constitution of the United States provides: "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." This concurrent resolution further recognizes that many federal mandates are in direct violation of the Tenth Amendment to the Constitution of the United States. Additionally, this resolution notes that in New York v. United States, 505 U.S. 144 (1992), the United States Supreme Court ruled that Congress may not simply commandeer the legislative and regulatory processes of the states. As such, this resolution claims sovereignty under the Tenth Amendment over all powers not otherwise enumerated and granted by the Constitution to the federal government and serves as notice and demand to the federal government to cease and desist mandates that are beyond the scope of these constitutionally delegated powers.
