By: Nelson, et al. S.C.R. No. 6 SENATE 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 and reserving the remainder of permissible 1-5 powers for exercise by the states or the people; and 1-6 WHEREAS, The Tenth Amendment to the United States 1-7 Constitution 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 Tenth Amendment, together with the Ninth 1-14 Amendment, which reserves unenumerated rights to the people, was 1-15 added for a specific purpose relating to the adoption of the Bill 1-16 of Rights; 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 United States Supreme Court, in the 1992 case of 2-3 New York v. United States, has reaffirmed the principle of state 2-4 sovereignty as preserved by the Tenth Amendment; now, therefore, be 2-5 it 2-6 RESOLVED by the 74th Legislature of the State of Texas, That 2-7 the State of Texas hereby claim sovereignty under the Tenth 2-8 Amendment to the United States Constitution over all other powers 2-9 not otherwise enumerated and granted to the federal government by 2-10 that constitution; and, be it further 2-11 RESOLVED, That the Texas secretary of state forward official 2-12 copies of this resolution to the President of the United States, to 2-13 the speaker of the house of representatives and president of the 2-14 senate of the United States Congress, and to all members of the 2-15 Texas delegation to the congress; and, be it further 2-16 RESOLVED, That official copies of this resolution be prepared 2-17 for the presiding officers of the legislatures of the other states 2-18 for their consideration.