By Craddick H.C.R. No. 41
74R525 CCK-D
CONCURRENT RESOLUTION
1-1 WHEREAS, America's system of federalism provides for a
1-2 division of political powers between the national government and
1-3 the 50 states by enumerating and limiting the powers of the
1-4 national government constitutionally and reserving the remainder of
1-5 permissible powers for exercise, if at all, by the states; and
1-6 WHEREAS, The 10th Amendment to the United States Constitution
1-7 declares this principle succinctly:
1-8 "The powers not delegated to the United States by
1-9 the Constitution, nor prohibited by it to the States,
1-10 are reserved to the States respectively, or to the
1-11 people.";
1-12 and
1-13 WHEREAS, The 10th Amendment, together with the 9th Amendment,
1-14 which reserves unenumerated rights to the people, was added for a
1-15 specific purpose relating to the adoption of the Bill of Rights;
1-16 and
1-17 WHEREAS, These two amendments, through their reservation of
1-18 separate powers and rights, were designed to avoid any future
1-19 expansion of the powers of the national government to include other
1-20 possible governmental powers not expressly prohibited; and
1-21 WHEREAS, Two centuries later, the national government has
1-22 acted increasingly to invade the province of state sovereignty, by
1-23 imposing countless mandates on state government and creating new
1-24 state obligations and expenses without the benefit of compensating
2-1 federal funding; and
2-2 WHEREAS, The state response typically has been a rearguard
2-3 action, seeking either to secure federal funding for existing
2-4 mandates or to curb the proliferation in congress of new ones; and
2-5 WHEREAS, A better recourse is to challenge the
2-6 constitutionality of mandates wherever they violate the principle
2-7 of federalism, and to actively reassert the powers of the states as
2-8 guaranteed by the 10th Amendment to the United States Constitution;
2-9 now, therefore, be it
2-10 RESOLVED, That the 74th Legislature of the State of Texas
2-11 hereby claim sovereignty under the 10th Amendment to the United
2-12 States Constitution over all other powers not otherwise enumerated
2-13 and granted to the federal government by that constitution; and, be
2-14 it further
2-15 RESOLVED, That the national government be instructed to cease
2-16 and desist, effective immediately, from all mandates that lie
2-17 beyond the scope of its authority under the reservation of powers
2-18 guaranteed to the states by the 10th Amendment; and, be it further
2-19 RESOLVED, That the Texas secretary of state forward official
2-20 copies of this resolution to the president of the United States, to
2-21 the speaker of the house of representatives and president of the
2-22 senate of the United States Congress, and to all members of the
2-23 Texas delegation to the congress; and, be it further
2-24 RESOLVED, That official copies of this resolution be prepared
2-25 for the presiding officers of the legislatures of the other states
2-26 for their consideration.