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CONCURRENT RESOLUTION
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WHEREAS, The Constitution of the State of Texas declares that |
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Texas is a free and independent State, subject only to the |
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Constitution of the United States, and the maintenance of our free |
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institutions and the perpetuity of the Union depend upon the |
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preservation of the right of local self-government, unimpaired to |
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all the States; and |
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WHEREAS, The State of Texas acknowledges that the Ninth |
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Amendment to the U.S. Constitution states that "[t]he enumeration |
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in the Constitution, of certain rights, shall not be construed to |
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deny or disparage others retained by the people," and that the Tenth |
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Amendment states that "[t]he powers not delegated to the United |
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States by the Constitution, nor prohibited by it to the States, are |
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reserved to the States respectively, or to the people"; and |
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WHEREAS, The 50 states composing the United States of America |
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are not united on the principle of unlimited submission to their |
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general government but by a compact, described as "a Constitution |
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for the United States of America," with amendments thereto, through |
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which they constituted a general government for special purposes |
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and delegated to that government certain definite powers, |
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reserving, each state to itself, the residuary mass of rights to its |
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own self-government; whensoever the general government assumes |
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undelegated powers, its acts are unauthoritative, void, and of no |
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force; to this compact each state acceded as a state, and is an |
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integral party, its co-states forming, as to itself, the other |
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party; the government created by this compact was not made the |
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exclusive or final judge of the extent of the powers delegated to |
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itself, since that would have made its discretion, and not the |
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Constitution, the measure of its powers; as in all other cases of a |
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compact among powers having no common judge, each party has an equal |
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right to judge for itself, as well of infractions as of the mode and |
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measure of redress; and |
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WHEREAS, The Constitution of the United States delegated to |
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Congress a power to punish treason, counterfeiting the securities |
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and current coin of the United States, piracies, felonies committed |
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on the high seas, offences against the law of nations, slavery, and |
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no other crimes whatsoever; it being true as a general principle, |
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and one of the amendments to the Constitution having also declared, |
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that "the powers not delegated to the United States by the |
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Constitution, nor prohibited by it to the States, are reserved to |
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the States respectively, or to the people," therefore all acts of |
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Congress that undertake to create, define, or punish crimes, other |
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than those so enumerated in the Constitution, are altogether void |
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and of no force; the power to create, define, and punish such other |
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crimes is reserved, and of right appertains, solely and exclusively |
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to the respective states, each within its own territory; and |
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WHEREAS, It is true as a general principle, and is also |
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expressly declared by one of the amendments to the Constitution, |
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that "the powers not delegated to the United States by the |
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Constitution, nor prohibited by it to the States, are reserved to |
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the States respectively, or to the people"; no power over the |
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freedom of religion, freedom of speech, or freedom of the press |
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being delegated to the United States by the Constitution, nor |
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prohibited by it to the states, all lawful powers respecting the |
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same did of right remain with, and were reserved to, the states or |
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the people; thus was manifested their determination to retain to |
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themselves the right of judging how far the licentiousness of |
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speech and of the press may be abridged without lessening their |
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useful freedom, and how far those abuses that cannot be separated |
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from their use should be tolerated, rather than the use be |
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destroyed; thus also they guarded against all abridgment by the |
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United States of the freedom of religious opinions and exercises, |
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and retained to themselves the right of protecting the same; in |
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addition to this general principle and express declaration, another |
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and more special provision has been made by one of the amendments to |
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the Constitution, which expressly declares that "Congress shall |
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make no law respecting an establishment of religion, or prohibiting |
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the free exercise thereof, or abridging the freedom of speech or of |
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the press," thereby guarding in the same sentence, and under the |
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same words, the freedom of religion, of speech, and of the press, |
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insomuch that whatever violates either, throws down the sanctuary |
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that covers the others, and that libels, falsehood, and defamation, |
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equally with heresy and false religion, are withheld from the |
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cognizance of federal tribunals; therefore, all acts of the |
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Congress of the United States which do abridge the freedom of |
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religion, freedom of speech, and freedom of the press are not law, |
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but are altogether void and of no force; and |
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WHEREAS, The construction applied by the general government, |
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as is evidenced by sundry of its proceedings, to those parts of the |
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Constitution of the United States that delegate to Congress a power |
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"to lay and collect taxes, duties, imports, and excises, to pay the |
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debts, and provide for the common defense and general welfare of the |
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United States," and "to make all laws which shall be necessary and |
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proper for carrying into execution the powers vested by the |
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Constitution in the government of the United States, or in any |
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department or officer thereof," goes to the destruction of all |
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limits prescribed to its power by the Constitution; words meant by |
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the instrument to be subsidiary only to the execution of limited |
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powers ought not to be so construed as themselves to give unlimited |
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powers, nor a part to be so taken as to destroy the whole residue of |
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that instrument; the proceedings of the general government under |
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color of these articles will be a fit and necessary subject of |
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revisal and correction; now, therefore, be it |
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RESOLVED, That the 81st Legislature of the State of Texas |
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hereby request the lieutenant governor and speaker of the house of |
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representatives to appoint a joint committee that shall have as its |
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charge to communicate this resolution to the legislatures of the |
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several states and to assure them: that this state continues to |
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esteem their friendship and union; that it considers union, for |
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specified national purposes, and particularly those specified in |
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their federal compact, to be friendly to the peace, happiness, and |
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prosperity of all the states; that being faithful to that compact, |
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according to the plain intent and meaning in which it was understood |
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and acceded to by the several parties, it is sincerely anxious for |
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its preservation; that it does also believe that to take from the |
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states all the powers of self-government and transfer them to a |
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general and consolidated government, without regard to the special |
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delegations and reservations solemnly agreed to in that compact, is |
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not for the peace, happiness, or prosperity of these states, and |
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that therefore this state is determined, as it doubts not its |
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co-states are, to submit to undelegated, and consequently |
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unlimited, powers in no man or body of men on earth; that in cases of |
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an abuse of the delegated powers, the members of the general |
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government, being chosen by the people, a change by the people would |
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be the constitutional remedy, but where powers are assumed that |
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have not been delegated, a nullification of the act is the rightful |
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remedy; that every state has a natural right, in cases not within |
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the compact (casus non foederis), to nullify of its own authority |
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all assumptions of power by others within its limits; that without |
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this right, the states would be under the dominion, absolute and |
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unlimited, of whosoever might exercise this right of judgment for |
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them; that nevertheless, this state, from motives of regard and |
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respect for its co-states, has wished to communicate with them on |
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the subject; that with them alone it is proper to communicate, they |
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alone being parties to the compact, and solely authorized to judge |
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in the last resort of the powers exercised under it, Congress being |
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not a party, but merely the creature of the compact, and subject as |
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to its assumptions of power to the final judgment of those by whom, |
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and for whose use itself and its powers were all created and |
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modified; that if the acts before specified should stand, these |
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conclusions would flow from them: that it would be a dangerous |
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delusion were a confidence in the men of our choice to silence our |
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fears for the safety of our rights; that confidence is everywhere |
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the parent of despotism--free government is founded in jealousy, |
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and not in confidence; it is jealousy and not confidence that |
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prescribes limited constitutions, to bind down those whom we are |
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obliged to trust with power; that our Constitution has accordingly |
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fixed the limits to which, and no further, our confidence may go; in |
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questions of power, then, let no more be heard of confidence in man, |
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but bind him down from mischief by the chains of the Constitution; |
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and, be it further |
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RESOLVED, That this state therefore call on its co-states for |
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an expression of their sentiments on acts not authorized by the |
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federal compact; and it doubts not: that their sense will be so |
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announced as to prove their attachment unaltered to limited |
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government, whether general or particular; that the rights and |
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liberties of their co-states will be exposed to no dangers by |
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remaining embarked in a common bottom with their own; that they will |
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concur with this state in considering acts as so palpably against |
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the Constitution as to amount to an undisguised declaration that |
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that compact is not meant to be the measure of the powers of the |
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general government, but that it will proceed in the exercise over |
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these states, of all powers whatsoever; that they will view this as |
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seizing the rights of the states, and consolidating them in the |
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hands of the general government, with a power assumed to bind the |
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states, not merely as in the cases made federal (casus foederis), |
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but in all cases whatsoever, by laws made, not with their consent, |
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but by others against their consent; that this would be to surrender |
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the form of government we have chosen, and live under one deriving |
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its powers from its own will, and not from our authority; and that |
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the co-states, recurring to their natural right in cases not made |
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federal, will concur in declaring these acts void and of no force, |
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and that each will take measures of its own for providing that |
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neither these acts, nor any others of the general government not |
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plainly and intentionally authorized by the Constitution, shall be |
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exercised within its territory; and, be it further |
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RESOLVED, That the joint committee be authorized to |
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communicate by writing or personal conference, at any time or place |
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whatever, with any person or persons who may be appointed by any one |
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or more co-states to correspond or confer with it, and that it |
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submit a complete report of its proceedings to the 82nd Texas |
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Legislature when it convenes in January 2011; and, be it further |
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RESOLVED, That any act by the Congress of the United States, |
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executive order of the president of the United States of America, or |
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judicial order by the judicatories of the United States of America |
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that assumes a power not delegated to the government of the United |
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States of America by the Constitution for the United States of |
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America and that serves to diminish the liberty of any of the |
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several states will be considered null and void by the State of |
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Texas; acts that would make a federal mandate null and void include, |
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but are not limited to: |
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I. Establishing martial law or a state of emergency within |
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one of the states comprising the United States of America without |
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the consent of the legislature of that state; |
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II. Requiring involuntary servitude, or governmental |
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service other than a draft during a declared war, or pursuant to, or |
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as an alternative to, incarceration after due process of law; |
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III. Requiring involuntary servitude or governmental |
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service of persons under the age of 18, other than pursuant to, or |
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as an alternative to, incarceration after due process of law; |
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IV. Surrendering any power delegated or not delegated to any |
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corporation or foreign government; |
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V. Any act regarding religion; placing further limitations |
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on freedom of political speech or further limitations on freedom of |
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the press; |
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VI. Further infringing on the right to keep and bear arms, |
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including prohibiting type or quantity of arms or ammunition; and, |
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be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the speaker of the house of representatives and the president of the |
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senate of the United States Congress, to all the members of the |
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Texas delegation to Congress with the request that this resolution |
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be officially entered in the Congressional Record as a memorial to |
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the Congress of the United States of America, and to the presiding |
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officers of each state's legislature. |