Bill Text: TX HCR17 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Urging Congress to call a constitutional convention for the purpose of proposing a constitutional amendment that permits the repeal of any federal law or regulation by vote of two-thirds of the state legislatures.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-02-18 - Referred to State Sovereignty, Select [HCR17 Detail]
Download: Texas-2011-HCR17-Introduced.html
| By: Creighton | H.C.R. No. 17 | |
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| WHEREAS, Article I of the United States Constitution begins | ||
| "All legislative powers herein granted shall be vested in | ||
| 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, in Federalist No. 85, Alexander Hamilton wrote in | ||
| reference to Article V of the Constitution and the calling of a | ||
| convention for the purpose of proposing amendments that, We may | ||
| safely rely on the disposition of the State legislatures to erect | ||
| barriers against the encroachments of the national authority"; 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 that the Congress of the United States be urged to | ||
| call a constitutional convention pursuant to Article V of the | ||
| United States Constitution for the purpose of proposing a | ||
| constitutional amendment that permits the repeal of any federal law | ||
| or regulation by vote of two-thirds of the state legislatures, and | ||
| the Texas Delegation to such Convention, when called, shall propose | ||
| the following amendment: "Any provision of law or regulation of the | ||
| Unites States may be repealed by the several states, and such repeal | ||
| shall be effective when the legislature of two-thirds of the | ||
| several state approve resolutions for this purpose that | ||
| particularly describe the same provision or provisions of law or | ||
| regulation to be repealed; and be it | ||
| RESOLVED, that delegates to such Convention, when called, be | ||
| selected according to procedures established by the legislatures of | ||
| the several states; and be it | ||
| RESOLVED, That the Texas Secretary of State forward official | ||
| copies of this resolution to the senators and representatives of | ||
| Texas in Congress 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; and, be it further | ||
| RESOLVED, That the Texas Secretary of State forward a copy of | ||
| this resolution to the President of the United States of America, | ||
| the Vice President of the United States of America, and the Speaker | ||
| of the House of Representatives of the United States of America, so | ||
| that they may be apprised of the sense of the Texas House of | ||
| Representatives in this matter. | ||
