Bill Text: TX HCR26 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Claiming sovereignty under the Tenth Amendment to the U.S. Constitution over all powers not otherwise enumerated and granted to the federal government by the U.S. Constitution.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2017-03-30 - Left pending in committee [HCR26 Detail]
Download: Texas-2017-HCR26-Introduced.html
85R2290 KSM-F | ||
By: Keough | H.C.R. No. 26 |
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WHEREAS, The Tenth Amendment to the Constitution of the | ||
United States of America 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 of America and no more; and | ||
WHEREAS, The scope of power as 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, Today, in 2017, the states are conversely treated as | ||
agents of the federal government, and many federal laws are | ||
directly in violation of the Tenth Amendment to the Constitution of | ||
the United States of America; and | ||
WHEREAS, The Tenth Amendment assures that we, the people of | ||
the United States of America, and each sovereign state in the Union | ||
of States, now have, and have always had, rights the federal | ||
government may not usurp; and | ||
WHEREAS, Section 4, Article IV, of the United States | ||
Constitution says, in part, "The United States shall guarantee to | ||
every State in this Union a Republican Form of Government," and the | ||
Ninth Amendment states, "The enumeration in the Constitution, of | ||
certain rights, shall not be construed to deny or disparage others | ||
retained by the people"; and | ||
WHEREAS, Actions taken by previous presidents and by Congress | ||
may further violate the Constitution of the United States of | ||
America; now, therefore, be it | ||
RESOLVED, That the 85th Legislature of the State of Texas | ||
hereby claim sovereignty under the Tenth Amendment to the | ||
Constitution of the United States of America over all powers not | ||
otherwise enumerated and granted to the federal government by the | ||
Constitution of the United States of America; and, be it further | ||
RESOLVED, That this serve 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; and, be it further | ||
RESOLVED, That all compulsory federal legislation or | ||
executive action 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; | ||
and, be it further | ||
RESOLVED, That the Texas secretary of state forward official | ||
copies of this resolution to the president of the United States, to | ||
the president of the Senate and the speaker of the House of | ||
Representatives of the United States Congress, and to all members | ||
of the Texas delegation to 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. |