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HOUSE CONCURRENT RESOLUTION
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WHEREAS, Article I of the United States Constitution begins |
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"All legislative powers herein granted shall be vested in |
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Congress," and |
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WHEREAS, the Congress has exceeded the legislative powers |
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granted in the Constitution thereby encroaching on the powers that |
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are "reserved to the states respectively, or to the people" as the |
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Tenth Amendment affirms and the rights "retained by the people" to |
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which the Ninth Amendment refers; and |
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WHEREAS, this encroachment includes the accumulation of |
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federal debt, which combined with interest represents a future tax, |
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and is of such great proportion that responsibility for its payment |
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will be passed to future, unborn generations of Americans to assume |
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without their consent, thereby disparaging their rights; and |
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WHEREAS, this encroachment also includes compelling state |
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and local governments to comply with federal laws and regulations |
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without accompanying funding for such mandates; and |
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WHEREAS, in Federalist No. 85, Alexander Hamilton wrote in |
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reference to Article V of the Constitution and the calling of a |
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convention for the purpose of proposing amendments that, We may |
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safely rely on the disposition of the State legislatures to erect |
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barriers against the encroachments of the national authority"; and |
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WHEREAS, the Constitution should be amended in order to halt |
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federal encroachment and restore a proper balance between the |
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powers of Congress and those of the several states, and to prevent |
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the denial or disparagement of the rights retained by the people; |
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now, therefore, be it |
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RESOLVED that the Congress of the United States be urged to |
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call a constitutional convention pursuant to Article V of the |
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United States Constitution for the purpose of proposing a |
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constitutional amendment that permits the repeal of any federal law |
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or regulation by vote of two-thirds of the state legislatures, and |
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the Texas Delegation to such Convention, when called, shall propose |
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the following amendment: "Any provision of law or regulation of the |
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Unites States may be repealed by the several states, and such repeal |
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shall be effective when the legislature of two-thirds of the |
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several state approve resolutions for this purpose that |
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particularly describe the same provision or provisions of law or |
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regulation to be repealed; and be it |
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RESOLVED, that delegates to such Convention, when called, be |
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selected according to procedures established by the legislatures of |
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the several states; and be it |
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RESOLVED, That the Texas Secretary of State forward official |
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copies of this resolution to the senators and representatives of |
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Texas in Congress with the request that this resolution be |
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officially entered in the Congressional Record as a memorial to the |
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Congress of the United States of America; and, be it further |
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RESOLVED, That the Texas Secretary of State forward a copy of |
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this resolution to the President of the United States of America, |
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the Vice President of the United States of America, and the Speaker |
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of the House of Representatives of the United States of America, so |
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that they may be apprised of the sense of the Texas House of |
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Representatives in this matter. |