By: Hegar S.C.R. No. 39
         WHEREAS, The Tenth Amendment to the Constitution of the
  United States reads as follows:  "The powers not delegated to the
  United States by the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively, or to the people";
         WHEREAS, The Tenth Amendment defines the total scope of
  federal power as being that specifically granted by the
  Constitution of the United States and no more; and
         WHEREAS, The Tenth Amendment assures that we, the people of
  the United States of America and each sovereign state in the Union
  of States, now have, and have always had, rights the federal
  government may not usurp; and
         WHEREAS, Section 4, Article IV, of the Constitution says,
  "The United States shall guarantee to every State in this Union a
  Republican Form of Government," and the Ninth Amendment states that
  "The enumeration in the Constitution, of certain rights, shall not
  be construed to deny or disparage others retained by the people";
         WHEREAS, The United States Supreme Court has ruled in New
  York v. United States, 505 U.S. 144 (1992), and Printz v. United
  States, 521 U.S. 898 (1997), that Congress may not simply
  commandeer the legislative, executive, and regulatory processes of
  the states, and that, to do so, is a violation of the Tenth
  Amendment; and
         WHEREAS, one of our nation's Founders and author of the
  Declaration of Independence, Thomas Jefferson, emphasized that the
  states are not "subordinate" to the national government, but rather
  the two are "coordinate departments of one simple and integral
  whole."; and
         WHEREAS, one of the authors of the Federalist Papers,
  Alexander Hamilton, expressed his hope that "the people will always
  take care to preserve the constitutional equilibrium between the
  general and the state governments."  And, that, "this balance
  between the national and state governments forms a double security
  to the people."; and
         WHEREAS, A number of proposals from previous administrations
  and some now pending from the present administration and from
  Congress threaten to disturb this delicate balance between the
  federal government and the state governments; and
         WHEREAS, Such encroachments by the federal government may
  result in a commandeering of the states' legislative, executive,
  and regulatory processes; and
         WHEREAS, These acts undermine the spirit of the federalist
  system created by our Founders and are in violation of the Tenth
  Amendment to the Constitution of the United States; now, therefore,
  be it
         RESOLVED, That the 81st Legislature of the State of Texas
  hereby claims sovereignty under the Tenth Amendment to the
  Constitution of the United States over all powers not otherwise
  enumerated and granted to the federal government by the
  Constitution of the United States; and, be it further
         RESOLVED, That this serve as notice and demand to the federal
  government to cease and desist, effective immediately, mandates
  that are beyond the scope of these constitutionally delegated
  powers; and, be it further
         RESOLVED, That the power over the freedom of the right to keep
  and bear arms was reserved to the states and therefore, all acts of
  Congress to abridge that right are not law and are void; and, be it
         RESOLVED, That all compulsory federal legislation that
  directs states to comply under threat of civil or criminal
  penalties or sanctions or that requires states to pass legislation
  or lose federal funding be prohibited or repealed; and, be it
         RESOLVED, That the Texas Secretary of State forward official
  copies of this resolution to the President of the United States, to
  the Speaker of the House of Representatives and the President of the
  Senate of the United States Congress, and to all the members of the
  Texas delegation to the Congress with the request that this
  resolution be officially entered in the Congressional Record as a
  memorial to the Congress of the United States of America.