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.