Bill Text: NJ ACR200 | 2010-2011 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 200 (Prior Session Legislation)

Introduced

Bill Title: Urges Congress to enact H.J.Res. 46, proposing constitutional amendment permitting repeal of any federal law or regulation by two-thirds vote of state legislatures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-20 - Introduced, Referred to Assembly State Government Committee [ACR200 Detail]

Download: New_Jersey-2010-ACR200-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 200

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED JUNE 20, 2011

Sponsored by:

Assemblywoman ALISON LITTELL MCHOSE

District 24 (Sussex, Hunterdon and Morris)

SYNOPSIS

Urges Congress to enact H.J.Res. 46, proposing constitutional amendment permitting repeal of any federal law or regulation by two-thirds vote of state legislatures.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution urging the Congress of the United States to enact H.J.Res. 46, proposes constitutional amendment permitting the repeal of any federal law or regulation by a two-thirds vote of the state legislatures.

Whereas, Article I of the United States Constitution begins "All legislative powers herein granted shall be vested in a Congress"; and

Whereas, The Congress has exceeded the legislative powers granted in the Constitution, thereby encroaching on the powers that are "reserved to the States respectively, or to the people" as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth Amendment refers; and

Whereas, This encroachment includes the accumulation of federal debt, which combined with interest represents a future tax, and is of such great proportion that responsibility for its payment will be passed to future, unborn generations of Americans to assume without their consent, thereby disparaging their rights; and

Whereas, This encroachment also includes compelling state and local governments to comply with federal laws and regulations without accompanying funding for such mandates; and

Whereas, H.J.Res. 46 proposes an amendment to the Constitution to permit the repeal of any federal law or regulation by a vote of two-thirds of the state legislatures; and

Whereas, An Article V Constitutional Convention, as opposed to Congress passing H.J.Res. 46, could subject the United States Constitution to radical revisions; and

Whereas, The Constitution should be amended in order to halt federal encroachment and restore a proper balance between the powers of Congress and those of the several states, and to prevent the denial or disparagement of the rights retained by the people; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The State of New Jersey calls upon the Congress to pass H.J.Res. 46 which permits the repeal of any federal law or regulation by a vote of two-thirds of the state legislatures.

2. The passage of this resolution is not to be construed as encouraging or calling for a Constitutional Convention.

3. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and the President of the Senate and attested to by the Clerk of the General Assembly and the Secretary of the Senate, shall be transmitted to the Speaker and Minority Leader of the United States House of Representatives, the Majority and Minority Leaders of the United States Senate, and the members of the New Jersey Congressional Delegation.

STATEMENT

This concurrent resolution urges the Congress to pass H.J.Res. 46 which proposes a constitutional amendment to permit the repeal of any federal law or regulation by a vote of two-thirds of the state legislatures. The passage of the resolution is not to be construed as encouraging or calling for a Constitutional Convention

The framers of the United States Constitution intended federalism, as protected by the 10th Amendment of the United States Constitution, to serve as a check on the power of the federal government. Any substantial or potentially substantial alteration of federalism is a constitutional issue of national significance, not an issue internal to the federal government, to be addressed by one or more branches of the federal government only. Congress has a duty to the American people to uphold the United States Constitution, and to preserve the balance between the appropriate role of the federal government and the rights of the states and the people.