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CONCURRENT RESOLUTION
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WHEREAS, The adoption of the Sixteenth and Seventeenth |
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Amendments to the United States Constitution in 1913 greatly |
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expanded the power of the federal government at the expense of the |
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states, creating a constitutional imbalance; and |
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WHEREAS, The Sixteenth Amendment gave Congress the power to |
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impose an income tax, and subsequently, Congress began using its |
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ability to give and withhold federal funds to exercise undue |
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influence over the states; and |
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WHEREAS, Under the original constitution, senators were |
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selected by state legislatures, and this practice permitted |
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senators to impose restraints against excesses at the federal |
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level; the Seventeenth Amendment, however, provided for the direct |
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election of U.S. senators by the voters of each state, eliminating a |
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vital check on the federal government; and |
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WHEREAS, States today have little recourse when the |
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government in Washington, D.C., overreaches; the only way to |
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contest a federal law or regulation is to bring a constitutional |
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challenge in federal court or seek an amendment to the |
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constitution; and |
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WHEREAS, Passage of a "Repeal Amendment" would restore |
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constitutional balance by providing for the repeal of any provision |
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of law or regulation of the United States when the legislatures of |
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two-thirds of the several states approve resolutions for the |
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purpose of demanding such a repeal; a measure that has been repealed |
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by the states could be reenacted by Congress if a simple majority of |
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members are convinced that two-thirds of state legislatures have, |
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in fact, erred in their interpretation of popular sentiment; and |
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WHEREAS, With the possibility that two-thirds of the states |
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could act to repeal federal law, Congress would be obliged to take |
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into consideration any vigorous opposition at the state level |
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before passing legislation, just as it must consider the |
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possibility of a presidential veto; in effect, with repeal power, |
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state legislatures could force Congress to revisit the provisions |
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of a widely unpopular law; and |
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WHEREAS, Reflecting confidence in the collective wisdom of |
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thousands of democratically elected representatives outside the |
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Beltway, a "Repeal Amendment" would help protect the powers |
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"reserved to the states" in the Tenth Amendment and provide another |
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political avenue to citizens seeking to protect the "rights … |
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retained by the people," as outlined in the Ninth Amendment; now, |
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therefore, be it |
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RESOLVED, That the 82nd Legislature of the State of Texas |
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hereby respectfully memorialize the Congress of the United States |
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to propose and submit to the states for ratification an amendment to |
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the United States Constitution providing that any provision of law |
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or regulation of the United States can be repealed by the several |
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states, and such repeal shall be effective when the legislatures of |
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two-thirds of the several states approve resolutions 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 further |
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RESOLVED, That the 82nd Texas Legislature hereby request that |
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the legislatures of each of the several states that compose the |
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United States join this state in urging the Congress of the United |
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States to propose and submit to the states for ratification a |
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"Repeal Amendment" to the United States Constitution; and, be it |
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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, and to all 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, 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 secretaries of state and to the |
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presiding officers of the legislatures of the other states as an |
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expression of the sentiment of the Legislature of the State of |
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Texas. |