1-1  By:  Nelson                                            S.C.R. No. 6
    1-2        (In the Senate - Filed December 12, 1994; January 10, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  January 23, 1995, reported favorably by the following vote:  Yeas
    1-5  11, Nays 0; January 23, 1995, sent to printer.)
    1-6                     SENATE CONCURRENT RESOLUTION
    1-7        WHEREAS, America's system of federalism provides for a
    1-8  division of political powers between the national government and
    1-9  the 50 states by enumerating and limiting the powers of the
   1-10  national government and reserving the remainder of permissible
   1-11  powers for exercise by the states or the people; and
   1-12        WHEREAS, The Tenth Amendment to the United States
   1-13  Constitution declares this principle succinctly:
   1-14              "The powers not delegated to the United States by
   1-15        the Constitution, nor prohibited by it to the States,
   1-16        are reserved to the States respectively, or to the
   1-17        people.";
   1-18  and
   1-19        WHEREAS, The Tenth Amendment, together with the Ninth
   1-20  Amendment, which reserves unenumerated rights to the people, was
   1-21  added for a specific purpose relating to the adoption of the Bill
   1-22  of Rights; and
   1-23        WHEREAS, These two amendments, through their reservation of
   1-24  separate powers and rights, were designed to avoid any future
   1-25  expansion of the powers of the national government to include other
   1-26  possible governmental powers not expressly prohibited; and
   1-27        WHEREAS, Two centuries later, the national government has
   1-28  acted increasingly to invade the province of state sovereignty by
   1-29  imposing countless mandates on state government and creating new
   1-30  state obligations and expenses without the benefit of compensating
   1-31  federal funding; and
   1-32        WHEREAS, The United States Supreme Court, in the 1992 case of
   1-33  New York v. United States, has reaffirmed the principle of state
   1-34  sovereignty as preserved by the Tenth Amendment; now, therefore, be
   1-35  it
   1-36        RESOLVED by the 74th Legislature of the State of Texas, That
   1-37  the State of Texas hereby claim sovereignty under the Tenth
   1-38  Amendment to the United States Constitution over all other powers
   1-39  not otherwise enumerated and granted to the federal government by
   1-40  that constitution; and, be it further
   1-41        RESOLVED, That the Texas secretary of state forward official
   1-42  copies of this resolution to the President of the United States, to
   1-43  the speaker of the house of representatives and president of the
   1-44  senate of the United States Congress, and to all members of the
   1-45  Texas delegation to the congress; and, be it further
   1-46        RESOLVED, That official copies of this resolution be prepared
   1-47  for the presiding officers of the legislatures of the other states
   1-48  for their consideration.
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