Bill Text: TX HR220 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Condemning President Trump's executive order as an open act of discrimination against Muslims and as a violation of the U.S. Constitution.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced - Dead) 2017-03-22 - Referred to State & Federal Power & Responsibility, Select [HR220 Detail]
Download: Texas-2017-HR220-Introduced.html
85R9258 TYPED | ||
By: Anchia | H.R. No. 220 |
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WHEREAS, We respect the rule of law and love of our neighbors; | ||
and | ||
WHEREAS, As elected members of the House of Representatives | ||
of the 85th Legislature of the State of Texas, we have sworn an oath | ||
to "preserve, protect, and defend the Constitution and laws of the | ||
United States and of this state"; and | ||
WHEREAS, The Fifth Amendment of the United States | ||
Constitution states that no person shall be "deprived of life, | ||
liberty, or property, without due process of law"; and | ||
WHEREAS, Article I of the Texas Constitution states that | ||
"equality under the law shall not be denied or abridged because of | ||
sex, race, color, creed, or national origin"; and | ||
WHEREAS, On December 7, 2015, Donald J. Trump, as a candidate | ||
for the Republican nomination of president of the United States, | ||
announced his intention "for a total and complete shutdown of | ||
Muslims entering the United States"; and | ||
WHEREAS, On January 27, 2017, President Donald J. Trump | ||
signed an executive order entitled, "Protecting the Nation From | ||
Foreign Terrorist Entry Into the United States" ("Executive | ||
Order"), which bars all people, including legal permanent residents | ||
and authorized visa holders from the countries of Iraq, Syria, | ||
Iran, Libya, Somalia, Sudan, and Yemen; and | ||
WHEREAS, The executive order halts the admission of all | ||
refugees to the United States, including those who have helped | ||
America and its allies fight against Al-Qaeda and the Islamic | ||
State; and | ||
WHEREAS, The United States Supreme Court determined in Church | ||
of Lukumi Babalu Aye, Inc. v. City of Hialeah, in a majority opinion | ||
written by Justice Anthony Kennedy and concurred by Justice Antonin | ||
Scalia, that "official action that targets religious conduct for | ||
distinctive treatment cannot be shielded by mere compliance with | ||
the requirement of facial neutrality" and that "the Free Exercise | ||
Clause protects against governmental hostility which is masked, as | ||
well as overt"; and | ||
WHEREAS, President Trump's aforementioned executive order to | ||
ban travel is, without question or debate, a fulfillment of | ||
President Trump's intention to shut down the entry of Muslims into | ||
the United States; now, therefore, be it | ||
RESOLVED, That the House of Representatives of the 85th Texas | ||
Legislature hereby condemn President Trump's executive order as an | ||
open act of discrimination against Muslims, as a constitutional | ||
violation against legal residents of the United States, and as a | ||
violation of the due process and equal protection clauses of the | ||
United States Constitution; and, be it further | ||
RESOLVED, That an official copy of this resolution be | ||
prepared and delivered to President Donald J. Trump as a clear and | ||
unequivocal declaration from the Texas House of Representatives | ||
that we uphold our sworn oath to protect the Constitution, as well | ||
as our moral oaths to respect the rule of law and love our | ||
neighbors. |