By Talton H.C.R. No. 13 76R211 CCK-D HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, The 10th Amendment to the United States Constitution 1-2 provides that "the powers not delegated to the United States by the 1-3 Constitution, nor prohibited by it to the States, are reserved to 1-4 the States respectively, or to the people"; and 1-5 WHEREAS, That amendment, included within the Bill of Rights, 1-6 defines the total scope of federal power, limiting it to those 1-7 functions specifically authorized elsewhere in the Constitution, 1-8 and no more; and 1-9 WHEREAS, Today, through numerous unfunded and nationally 1-10 applicable mandates, the federal government routinely violates the 1-11 10th Amendment, treating the states as its agents and commandeering 1-12 state resources to carry out its will; and 1-13 WHEREAS, The United States Supreme Court, in the 1992 case of 1-14 New York v. United States, has reaffirmed the principle of state 1-15 sovereignty as preserved by the 10th Amendment, prompting state 1-16 governments to dismantle unwanted forced mandates and to 1-17 assertively reclaim their historic rights under our system of 1-18 federalism; now, therefore, be it 1-19 RESOLVED, That the 76th Legislature of the State of Texas 1-20 hereby claim sovereignty under the 10th Amendment to the United 1-21 States Constitution over all powers not otherwise enumerated and 1-22 granted to the federal government by the United States 1-23 Constitution; and, be it further 1-24 RESOLVED, That this resolution serve as a notice and demand 2-1 to the federal government to cease and desist mandates that are 2-2 beyond the scope of its constitutionally delegated powers; and, be 2-3 it further 2-4 RESOLVED, That the Texas secretary of state forward official 2-5 copies of this resolution to the president of the United States, to 2-6 the president of the senate and speaker of the house of 2-7 representatives of the United States Congress, and to all members 2-8 of the Texas delegation to the congress with the request that it be 2-9 officially entered in the Congressional Record as a memorial to the 2-10 congress and other officials of the federal government.